A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 11, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present: Sanford A. “Sandy” Minkoff, County Attorney; Cynthia W. “Cindy” Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy McAuley, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Tony Symonds, Jail Chaplain, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, referred to a June 26, 2006, letter from Milton Jennings requesting a postponement of the public hearing right-of-way Vacation Petition 1081 (Tab 53; a copy of the letter is included in the backup material.) She asked to pull Tab 3.3 (budget transfer) from the County Manager’s Consent Agenda because that item is duplicated in Tab 7. Ms. Hall asked to pull Tab 24 (request to rename Tiny Morse Boulevard) from the Consent Agenda for postponement.

Commr. Hanson noted that there may be folks in the audience from Woodlands that may want to speak. She stated that the Board has a policy, under the Citizen Question and Comment Period, that no items can be brought up that are under legal review and consideration.

Mr. Sandy Minkoff, County Attorney, agreed that discussion on any zoning or code enforcement issue that might come back before the Board is prohibited under the Citizen Question and Comment Period. The property owner adjoining Woodlands is subject to the variance, is currently subject to two pending lawsuits, and clearly involves a zoning and/or code enforcement action. Because there are pending development orders and litigation, the Board’s policy normally would not allow public discussion under the audience to be heard item.

Commr. Stivender noted that, per the County Attorney, she is unable to make comment on this issue when responding to e-mails.

MINUTES

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 May 16, 2006, Regular 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 May 19, 2006, Special Meeting, as presented.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of May 30, 2006, Special Meeting, as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2, Items 1 through 6, 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.

 

Monthly Distribution of Revenue, Traffic/Criminal Cases

Request to acknowledge receipt of Monthly Distribution of Revenue - Traffic/Criminal Cases, Month Ending May 31, 2006. Disbursements due to Board: $190,055.49; same period last year: $143,097.00.

 

Public Service Commission

Request to acknowledge receipt of Before the Public Service Commission - Docket No. 060017-EI, Order No. PSC-06-0479-TRF-EI, Issued June 5, 2006. Ordered by the Public Service Commission that Petition for approval of revised underground residential distribution tariffs by Progress Energy Florida, Inc., is approved, effective May 16, 2006. The Commission’s decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on June 26, 2006.

 

Proposed Budget - Greater Lakes/Sawgrass Bay CDD

Request to acknowledge receipt from Greater Lakes/Sawgrass Bay Community Development District’s (CDD) proposed budget for Fiscal Year 2006/2007 submitted in accordance with Chapter 190.008(2)(b), Florida Statutes.

 

Public Service Commission

Request to acknowledge receipt from the Public Service Commission, Docket No. 050880-WU, Order No. PSC-06-0522-CO-WU, Issued June 19, 2006; Ordered that Order No. PSC-06-0444-PAA-WU, issued May 22, 2006, has become effective and final; this docket shall be closed; by Consummating Order of the Florida Public Service Commission.

 

Southwest Florida Water Management District

Request to acknowledge receipt of Southwest Florida Water Management District: Governing Board Meeting Agenda for June 27, 2006, at 9:00 a.m., 2379 Broad Street, Brooksville, Florida; and approved minutes of the Governing Board’s April 25, 2006, meeting.

 

COUNTY MANAGER’S CONSENT AGENDA

Regarding Tab 39 (a purchase agreement with the First United Methodist Church of Tavares, Inc.), Mr. Minkoff, Commr. Stivender and Commr. Hill disclosed that they are members of the First United Methodist Church of Tavares but that the small purchase is of no benefit to them.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 41, deleting Tab 3.3 and postponing Tab 24, as follows:

Budget

Request for Budget transfer – General Fund, Department of Community Services, Administration Division. Transfer $40,000.00 from Welfare – Hospital Services to Other Current Charges ($3,600.00), Office Supplies ($21,000.00), Operating Supplies ($13,800.00), and Utilities ($1,600.00). Funds needed to support costs of moving department staff to new location. Unobligated funds are currently available in the HCRA account.

 

Request for Budget transfer – Budget transfer - General Fund, Judicial Support. Transfer $300,000.00 from Reserve for Contingency to Aids to Governmental Agencies. The increase in the cost of the Detention Cost Sharing Project run by the State of Florida Department of Juvenile Justice (DJJ) has depleted this line item. Payments for the last quarter of FY 2006 still need to be made. The Cost Sharing Project began in July 2005 when the State began charging counties for providing DJJ services by using a formula based on a percentage of usage by county.

 

Request for approval of Resolution 2006-108 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of $1,522.00 deposited into Emergency Service Fee Revenues and provide appropriations for the disbursement for supplies for Emergency Management Operations.

 

Request for approval of request for refund by Gary L. Summers, Williams, Smith, & Summers, P.A., on behalf of his client Pringle Development, Inc., for refund of school impact fees paid on twenty-eight (28) lots, less 3% kept by the City of Mount Dora as collection allowance. Lakes of Mount Dora is an approved adult only community.

 

Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals:

 

 

Community Services

Request for approval to hold the Lake County Elder Affairs Coordinating Council’s Annual Elder Symposium and to solicit donations to support the event throughout the fiscal year.

 

Request for approval of four applications for funds from the Library Impact Fee Fund, signature of Interlocal Agreements for payment to the City of Leesburg and the City of Mount Dora pending County Attorney approval; approval to commit Library Impact Fee funds for the Cagan Crossings Community Library and Joint Use library projects, and approval of a budget transfer in the amount of $1,000,000.00 from Library Impact Fee Fund reserves and appropriation of funds.

 

Request for approval of the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Agreement and supporting Resolution 2006-109.

 

Request for approval of the amended agreement between the Florida Commission for the Transportation Disadvantaged and the Board of County Commissioners regarding the funding for the Medicaid Non-Emergency Transportation Program.

 

Request for approval of Amendment to Agreement between Lake County and We Care of Lake County, Inc., for Annual Grant Funding for FY 2005/06.

 

Request for approval of Proclamation 2006-110 declaring July 16-22, 2006, as Probation, Parole and Community Supervision Week, to be presented at the Board of County Commissioners meeting on July 18, 2006.

 

Request for approval of the Joint Participation Agreement between the Lake County Board of County Commissioners and the Florida Commission for the Transportation Disadvantaged for the Rural Area Capital Equipment Support Grant; and approval of supporting Resolution 2006-111.

 

Employee Services

Request for approval of an offer to settle Kaitlyn Chancellor’s claim for bodily injury, subject to the County Attorney’s review and approval.

 

Request for approval to advertise changes to the positions designated by Lake County for inclusion in the Florida Retirement System (FRS) Senior Management Service Class. This is being recommended as a result of re-assignments and title changes occurring in the past month. Provisions contained in Chapter 121 of the Florida Statutes and Chapter 60S of the Florida Administrative Code require newspaper notice and elected body approval of any deletions from and/or additions to the list of employees in the Florida Retirement System (FRS) Senior Management Service Class. The recommendations are submitted for approval to comply with said requirement. (Clerk’s note: By action of the Board, the title of Director of Information Outreach is added under the County Manager’s Report section of today’s meeting.)

 

Environmental Services

Request for approval of two Detailed Work Plan Budgets for Arthropod Control FY06/07. This is required by the Florida Department of Agriculture and Consumer Services (DACS), Bureau of Entomology and Pest Control, for mosquito management cooperators to receive matching State Funds.

 

Growth Management

Request for approval of a Release of Fine for property owner, Alice E. McCarthy, Code Enforcement Case #2005020046.

 

Request for approval of a Release of Fine for property owner, Cara Hudgins, Code Enforcement Case #2000070174.

 

Request for approval of a Release of Fine for property owner, Robert A. Cronin, Code Enforcement Case #2005040072.

 

Request for approval of a Release of Fine for property owner, Amy Jane Dangar, Code Enforcement Case #2002030147.

 

Request for approval of Annual Maintenance and Support Contract (Customer #131095) for Environmental Systems Research Institute, Inc. (ESRI), our GIS software vendor for all County GIS licenses.

 

Request for approval to advertise a proposed ordinance which allows for temporary structures following a disaster in residential, commercial, and industrial use zoning districts.

 

Procurement

Request for approval to (1) declare items (listed in the backup material) as surplus to county needs, (2) authorize the removal of all of the items from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign the vehicle titles. The items have been declared surplus by their respective agencies due to age, wear, and obsolescence.

 

Request for approval of First Amendment to Agreement between Lake County, Florida, and The Custom Contracting Corporation for Renovation of Leased Property; to include additional work in the amount of $34,677.00 for a total contract price of $62,315.89.

 

Public Works

Request for approval of the Second Amendment to the Interlocal Agreement between Lake County and the City of Umatilla, Florida, Relating to Contribution of Infrastructure Sales Tax Funds for Capital Improvement Projects; for the grant for the purchase and installation of play equipment at Larkin Park/Southside Ball Field. Authorization for Chairman to execute the agreement when submitted.

 

Request for approval of the Interlocal Agreement between Lake County and the City of Mascotte for traffic signal maintenance.

 

Request for approval of the First Amendment to the Impact Fee Agreement between Lost Lake Reserve, L.C. and Lake County Regarding Steve’s Road.

 

Request for approval to accept the final plat for Windy Ridge at Lake Yale and all areas dedicated to the public as shown on the Windy Ridge at Lake Yale final plat, accept a performance bond in the amount of $506,291.50, and execute a Developer’s Agreement for Construction of Improvements between Lake County and M/I Homes of Lake County, LLC. Windy Ridge at Lake Yale consists of 175 lots, Commission District 4.

 

Request for approval of the agreement between Lake County and Estates at Cherry Lake Master Homeowner’s Association regarding the maintenance of the landscaping on the median at Wilson Lake Parkway.

 

Request for approval to execute Resolution 2006-112 (repealing and replacing Resolution 2004-187) accepting Blue Sky Way into the Lake County Road Maintenance System. Sunrise Lakes Phases II consists of 55 lots, Commission District 2.

 

Request for approval of the Temporary Construction Easement and Permanent Slope Easement Agreement between Jeri L. Schuur and Lake County, Florida; Settlement Agreement between Lost Lake Reserve, L.C., and Lake County, Florida, and Jeri L. Schuur; and Addendum to Settlement Agreement between Lost Lake Reserve, L.C., Lake County, Florida, and Jeri L. Schuur.

 

Request for approval of Proclamation 2006-113 designating July as “Parks and Recreation Month.”

 

Request for approval and execution of satisfaction of liens for thirteen road assessments as follows:

 

690019            Gary and Betty Petry

694023            Leon A. and Sharon L. Barr

696005            Susan Hamilton Coyle

696006            Susan Hamilton Coyle

696013            Charles F. and Alice G. White

696025            Richard W. and Gloria V. Marshall

696029            Patricia Summerlin

696037            David E. Spawn

696039            James, Jr., and Debra Hunt

696040            Valerie E. Horn

696048            Robert E. Thacker

696049            Marice S. Musser

698014            Dennis R. Johnson

 

Request for approval of Resolution 2006-114 authorizing the posting of speed limit signs on the following roads in the Glenbrook and Sunrise Lakes Subdivision in the Four Corners area, as follows: Glenbrook Bv (0163C), Palm Spring Dr (0162D), Fresh Meadow Dr (0163F), Blue Sky Wy (0163E), Gold Star Ct (0162L), Morning Star (0162B), Hidden Spring Dr (0162E), Sunrise Lakes Bv (0162G), Sunrise Vista Dr (0162J), Rolling Green Dr (0162C), Lake Vista Ct (0162F), Rising Star Dr (0162H), and Blue Horizon Dr (0162I).

 

Request for approval to advertise for bids for the #4523 Sleepy Hollow Road Realignment Project No. 2006-12 at an estimated cost of $433,890.00 from the Road Impact Fee Fund, Benefit District 3, Commission District 1.

 

Request for approval to accept three Statutory Warranty Deeds, two Drainage Easement Deeds, two Statutory Quitclaim Deeds, one Temporary Non-exclusive Construction Easement Deed and two Non-Exclusive Easement Deeds (listed below) that have been secured in conjunction with roadway and/or stormwater projects. Total acreage donated 6.603+/-; total acreage purchase 0.36+/-; estimated total value of acreage donated $125,402.15 (assessed value); total value of acreage purchased $238,000.00 (appraised value).

 

Instrument/Grantor

Road

Name

Road

No.

OR

BOOK/

PAGE

Donate/

Purchase

Purpose

Acres

(+/-)

Estimated

Value

Statutory Warranty

Deed

 

 

 

 

 

 

 

Whitney Baptist Church of Leesburg, Inc.

Whitney Rd

4603

3097/181

Donate

Site Plan

0.275

$       726.00

Florida Discount Self-Storage No. 4, LLC

Hartwood Marsh Rd

0854

3181/1936

Donate

Site Plan

1.16

$  53,360.00

Deodat Ganpat & Samantha Mansingh

Lakeshore Dr/Oswalt Rd

1040/

0840

3184/684

Purchase

Intersection Project

0.36

$283,000.00

Drainage Easement Deed

 

 

 

 

 

 

 

George H. & Lizabeth Russ

East Spring Lake Blvd

6205B

3145/2327

Donate

Drainage Maintenance

2.74

$    3,288.00

Joshua M. & Tiffany Poole

Lake Drive

5138

3181/1940

Donate

Drainage Maintenance

0.258

$       851.40

Statutory Quitclaim Deed

 

 

 

 

 

 

 

St. Johns River Water Mgmt. District

Sleepy Hollow Road

4523

3156/172

Donate

Road Project

0.92

$  49,807.50

S. Marcus & Landon Hawkins

N. Babb Road

7959

3186/380

Donate

Clay to Pave

0.19

$       758.00

Temporary Non-Exclusive Construction Easement Deed

 

 

 

 

 

 

 

Carl Skiles

Lakeshore Drive

3128

3097/177

 

Maintenance

 

 

Non-Exclusive Easement Deed

 

 

 

 

 

 

 

St. Johns River Water Mgmt. District

Sleepy Hollow Road

4523

3156/168

Donate

Road Project

0.29

$  15,791.25

Ann T. Bains

N. Babb Road

7959

3186/384

Donate

Clay to Pave

0.41

$       820.00

 

Request for approval of a purchase agreement with Dana Bass, for right of way, and authorization for the Chairman of the Board of County Commissioners to sign and any all documents necessary for closing, in conjunction with the CR 466A Project located in Fruitland Park. This project is located in Impact Fee Benefit District 3, Commission District 1.

 

Request for approval of a purchase agreement with Fernando and Flor Maria Perez, for right of way, and authorization for the Chairman of the Board of County Commissioners to sign and all documents necessary for closing, in conjunction with the Lakeshore Drive (#1040)/Oswalt Road (#0840) Intersection Project located in Clermont. This project is located in Impact Fee Benefit District 5, Commission District 2.

 

Request for approval of a purchase agreement with the First United Methodist Church of Tavares, Inc. for right of way, and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the CR455/Howey Curve Project located in Clermont. This project is located in Impact Fee Benefit District 3, Commission Districts 2 and 5.

 

Request for approval of the Interlocal Agreement between Lake County and the City of Minneola for Project Development and Environment Study (PD&E) for Hancock Road Extension from Old County Road 50 north and west to U.S. Highway 27.

 

Tourism and Business Relations

 

Request for approval of a request to extend the two-year requirement to begin construction for one two-year period for Kelly Homes, current owner of Lot 2C in the Christopher C. Ford Commerce Park (Lake County Commerce Park) by extending the construction period to January 14, 2009, and approval of the Construction Extension Agreement.

 

PERSONAL APPEARANCES - EMPLOYEE AWARDS

Commr. 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

Ralph B. Rousseau, Library Page, Community Services/Library Services/Citrus Ridge Library

 

Presentation of Award to Employee with Ten Years of Service

Marjorie J. Boyd, Animal Services Director, Public Safety/Animal Services

 

Presentation of Award to Employee with Twenty Years of Service

Linda R. Green, Executive Associate, Economic Growth and Redevelopment

 

Presentation of Award to Employee with Twenty-Five Years of Service

James A. Stivender, Jr., Public Works Director, Public Works/Funding & Production

 

Presentation of Award to Retiring Employee with 12 Years of Service

John E. Kruse, Senior Planner, Growth Management/Current Planning (not present)

 

PRESENTATION

RESOLUTION - LASHER FEEDS

Commr. Stivender read and presented Resolution 2006-107 to Dick and Betty Lasher for the contributions Lasher Feeds has made to Lake County for 43 years, including being a part of the Future Farmers of America and 4-H programs. Commr. Stivender thanked Mr. Greg Padgett for his help in preparing the resolution.

Mr. and Mrs. Lasher and their daughter, Diane, thanked the Board for this recognition.

Commr. Hanson stated that the Lashers have had a great impact on Lake County and that people like them make our County so special.

PRESENTATION

ELDER AFFAIRS

Ms. Allison Thall, Elder Affairs Director, gave an update on the activities and accomplishments of the Elder Affairs Coordinating Council (Council) for the past six months. In April, approval was granted to increase the Council to a total of thirteen. She advised that The Elder Council Ledger newsletter has been reinstated and is being published on a bimonthly basis. The third annual elder symposium, “Aging Gracefully with Health and Wellness”, is scheduled for 9:00 a.m. to 2:00 p.m. on September 28, 2006, at Lake Receptions in Mount Dora.

Ms. Thall related that she attended a Best Practices exchange in January in Kissimmee and one program of great interest is development of a pilot program with staff that deals with transitions in aging. She commented that quite a few Lake County employees are caregivers. The course being developed will be taught in three sessions of approximately two hours each. The purpose is to help each participant develop a solid plan that can aid him or her in caregiving and will cover the transition from dependent living to total dependency. This will include living wills, durable powers of attorney and do-not-resuscitate orders. If the course is successful with employees, plans would be to offer it to the public. Ms. Thall stated that funding opportunities are being explored, specifically from an intergenerational perspective. They are looking at grandparents raising grandchildren and are trying to find funds to help those individuals with legal expenses and daycare so that they could attend support groups and such. She stated that the City of Mount Dora is working on becoming a Community for a Lifetime (a statewide initiative through the Florida Department of Elder Affairs) and County staff would like to make themselves available to assist the City because Lake County is a Community for a Lifetime. The City of Mascotte is also a Community for a Lifetime.

Ms. Thall announced that National Aging in Place Week will be held October 8-14, 2006. Staff will be working with the Sheriff’s Office to coordinate an event. She stated that the Council will be holding a Visioning Retreat to look at short-term and long-term goals.

Ms. Kathy Haviland, Chairwoman of the Elder Affairs Coordinating Council, remarked that there is longevity on the Council and the roots are getting deeper into the community. She expressed pride in the Council.

Commr. Hanson stated that she is pleased with the Council and thankful to the Board for supporting it financially and thankful to the County Manager who allowed funding for Ms. Thall’s position.

PRESENTATION

WALT ZEINER

Mr. Gary Kaiser, Public Safety Director, recognized the service of Mr. Walt Zeiner, a volunteer, who has contributed immensely to Lake County. Mr. Zeiner began his career as a volunteer fire fighter in the early 1940s in Connecticut. He and his wife moved to Mount Dora in 1970 and, in 1973, Mr. Zeiner and others formed the volunteer response team. The Pasco Volunteer Fire Department, Station 33, was built in 1974. Mr. Kaiser presented an “Outstanding Achievement Award” plaque to Mr. Zeiner in appreciation of his dedication of 32 years of service to the citizens of Lake County as a volunteer firefighter.

PRESENTATION

CERTIFICATE OF APPRECIATION - COMMISSIONER WELTON CADWELL

Commr. Hanson presented a “Certificate of Appreciation” to Commr. Welton Cadwell for his work and his commitment during his term as President of the Florida Association of Counties. He represented Lake County and the State of Florida with grace, humor and great foresight.

RECESS & REASSEMBLY

At 9:40 a.m., Commr. Hanson announced a ten-minute break.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

FACILITIES DEVELOPMENT AND MANAGEMENT

PRESENTATION - LAKE COUNTY GOVERNMENT CENTER EXPANSION

Mr. Jim Bannon, Director of Facilities Development and Management, explained that today’s presentation, by HLM Design, architects, references the downtown campus. The presentation will include the schematic design for the Judicial Center expansion, alternate façade options for the Tax Collector/Property Appraiser building (320 West Main Street building), the parking garage and options for the jail. (A printed copy of the presentation is included in the backup material.) Representatives from Centex Construction, LLC, the Construction Manager, are present.

Judicial Center/Courthouse Expansion

Mr. Doug Kleppin, AIA, Executive Associate, HLM Design Heery International, Inc., began the presentation with the following information on the schematic design for the Judicial Center/Courthouse expansion:

 

Under discussion, Mr. Kleppin explained that the City guidelines for the historic overlay district may not extend past Sinclair Avenue but the design, as illustrated today, will comply or exceed with the City of Tavares’ architectural guidelines. He stated that some City staff have seen some of this preliminary work.

Commr. Stivender stated that she has no problem with this design because it is looking more like the historical society, not an institutionalized building. She stated that we need to make sure it meets the City’s requirements.

Commr. Hanson pointed out that, with the modification, much of the existing courthouse will not be visible from the street. Mr. Kleppin explained that part of the rationale for the siting is that it does mitigate the more contemporary appearance of the existing building which may reduce the need to address it. HLM will work with Centex to develop order of magnitude cost.

Mr. Kleppin confirmed for Commr. Stivender that, because this project is on County-owned property, only the PD and site plan approval with the City will be required. He stated that there are no zoning issues that pertain to this parcel. Some overall stormwater issues will be addressed as relate to the entire downtown campus.

Commr. Hanson asked how HLM can guarantee that the roof will not leak on all of these buildings. Mr. Kleppin assured the Board that, with their track record, with state of the art technology and quality construction and the right details, this building will be a watertight facility. He stated that these are low-slope roofs behind parapets and there are no flat roofs on the structure.

320 West Main Street (Tax Collector/Property Appraiser)

 

Parking Garage

 

Mr. Kleppin explained that the floor plates in the Judicial Center are about 16 feet high while the parking garage is about 10 feet so that seven stories of parking garage compare to four stories of the Judicial Center.

Commr. Stivender pointed out that the County does not own all of the property for these two structures and Maud Street runs through the proposed parking garage. Mr. Kleppin stated that their plans recommend additional property and the vacation of Maud Street. He stated that, if this design does not proceed, the Board could elect to build a smaller footprint for parking or push parking decks to previously studied sites. While the project does not hinge on the vacation of Maud Street, it certainly is the preference of the Board and of the consultant team. Commr. Stivender commented that the concept of the parking garage is not necessarily the problem. As discussed with City staff, the aesthetics of the parking garage is (the problem). Mr. Kleppin agreed that staff’s concern probably was not so much with the height issue as it was with what the parking garage will look like. He stated that more development and study need to be done to understand where the common ground is.

Commr. Cadwell agreed that the Board does not want the parking garage to look bad but, at some point, money will play a part. The parking garage can be made to look nice, but is there value to the citizens in spending $5 million more to make it look like a condo.

Mr. Kleppin expressed that there is goodwill pledged on both sides in order to find a solution.

Jail Expansion

Mr. Robert “Bob” Egleston, AIA, Executive Associate, HLM Design Heery International, Inc., stated that they have met over the past several weeks with Sheriff Chris Daniels, Chief Gary Borders and his staff to look at different options on how to get additional beds at the jail. The current jail has a 960-bed capacity, they currently house more than 1,100 inmates and the Carter Goble Lee projections suggest the need for 1,800 to 2,000 beds in the year 2020. Options A1, A2 and A3 of the following presentation deal with renovations to the existing jail facility.

 

Mr. Bannon stressed that the following numbers from Centex are very provisional and are based on these drawings. On Option A1, the low end is $4.6 million to $7.7 million on the high end; Option A2, the range is $7 million to $11.5 million; Option A3, the range is almost $19 million to $35 million.

Commr. Cadwell stated that if Option A3 is chosen and completed, with 256 new beds, we are just where we need to be on that day. He concluded that Option A3 probably should not even be discussed because it cannot provide long range needs.

Mr. Bannon stated that Option A4, for 750 new beds, could cost between $33 million and $67 million; however, 256 new beds would be $11.5 million and $23 million. He commented that some work downtown will be needed either way. Mr. Bannon asked for direction from the Board.

In response to an inquiry by Commr. Stivender, Mr. Bannon confirmed that the land cost is not included in Option A4 and that about 40 acres would be needed. If the cost per acre were to be $100,000.00 per acre, that would add $4 million to the projected costs.

Commr. Stivender stated that, if we bought Conserve II, we could put it there.

Commr. Cadwell opined that Orange County probably would not sell Conserve II for the purpose of a jail but he suggested entertaining discussions with LCI (Florida Department of Corrections’ Lake Correctional Institution) to see if they may have property or if there may be property around them for some type of facility. He stated that, based on his experience of serving on the federal prison site selection committee, searching for a site will not be a pleasant experience. He stated that his only question is whether Option A1 or A2 is appropriate and whether the additional segregated housing unit will be needed if another jail is built.

Sheriff Chris Daniels explained that the current jail facility leases bed space to the United States Marshals Service. He stated that he does not see the long range benefit in losing that revenue and taking 64 inmates off the floor. He stated that any additional bed space, not occupied by Lake County inmates, is a revenue source. His office has worked hard in the last year and one-half in trying to reduce the medical costs. He stated that some of the County’s most expensive costs are incurred when inmates leave the jail’s medical facility for a stay at the hospital. He confirmed that there are about twice as many inmates in the medical facility as should be there. He stated that the kitchen and medical facility at the main jail are grossly overtaxed and money can be saved by relocating those facilities. Sheriff Daniels related that the Attorney General intends to continue to push the anti-murder bill if it is signed into law. If that happens, the jail population will balloon beyond the Carter Goble Lee study because the State will no longer be allowed to release inmates who violate their probation. They will go back to State prison but will stay in County jail for an interim period. He stated that part of the current crowding problem is because probation violators, who are awaiting a hearing, make up about one-third of the jail population. He stated that, if the additional 256-bed pod were operational today, he could fill it today.

Sheriff Daniels stated that renovations to the current facility depend on what is built under Option A4. He explained that the kitchen, which is almost 15 years old, needs renovation because they are serving about 1,200 meals three times a day. Not being able to store large amounts of food on site drives up the costs.

Commr. Cadwell confirmed with Sheriff Daniels that any renovations done at the current facility would still be utilized if a new facility is built. If the infirmary were to be relocated and enlarged at the current jail, there would not be a need for an infirmary at a new jail. Likewise, the kitchen area, the juvenile pod and the additional segregated housing unit, if renovated and enlarged in the current facility, would still be utilized.

Commr. Pool suggested that Option A2 apparently would be the better plan for the Sheriff because he could use that medical facility. Sheriff Daniels suggested that might bring down the cost of Option A4.

Sheriff Daniels reiterated that the kitchen, medical facility and housing unit need to be expanded. Wherever the Board selects to locate each of those three components effects the other location. He opined that, while the State prison property would be advantageous and is a good idea, the Sheriff’s operation in South Lake County is very important to the police departments in that area. The South Lake facility only houses adult males and any expansion in the south part of the County would allow them to receive juveniles and adult females. When the South Lake officers have to drive prisoners to Tavares, it takes that officer off the road for two or three hours.

Commr. Cadwell suggested to the Sheriff that he could provide the Board with information regarding where arrests are being made. Sheriff Daniels agreed that he would provide that information but added that 50% of the Sheriff’s Office work is developing south of Howey-in-the-Hills.

Commr. Stivender reminded the Sheriff and the Board that comments were made in 2004 that a facility is needed in South Lake County. Sheriff Daniels agreed and stated that the City of Clermont has given notice that they would like to claim that building back.

Comments

Mr. Bob Grenier, President of the Tavares Historical Society and Vice President of the Lake County Historical Society, stated that he spends a lot of time with families whose ancestors founded this town. In speaking with them, the changing landscape of Tavares is very important to them. He stated that the people he represents understand that there is something different about their town. He stated that they understand the need for growth and expansion but they are trying to maintain a small-town atmosphere. Mr. Grenier stated that the Tavares City Council has to be involved and aware of everything that goes on. He stated that he likes today’s presentation and that the sketches for the Courthouse expansion are impressive. He stated that the Tax Collector/Property Appraiser building is too minimalist, has too much glass, and does not complement the Historic Courthouse. He agreed that we do need parking but there must be better ideas or something that looks more pleasing. He stated that a seven-story garage is out of the question. He agreed that this is an on-going process and that math is involved and growth needs to be involved. He reiterated that the City Council needs to be involved and that the small-town features of Tavares need to remain.

Ms. Brenda Smith, Tavares Historical Society, wondered if we need a seven-story parking garage if a jail will be built in another location. Perhaps two different parking garages, more centrally located, would be better. She stated that she does not like the Tax Collector/Property Appraiser building and that it could be designed more with the Historic Courthouse. She stated that we do not need as much glass as is evidenced at the Judicial Center. She stated that this is changing the whole look of Tavares. She asked the Board to consider the options of making these buildings more in line with the Historic Courthouse.

Mr. Sandy Gamble, Vice Mayor, City of Tavares, remarked that he thought the architects showed a wing coming off of Main Street from the existing Judicial Center during their presentation on June 12, 2006, rather than being in front of the existing facility. Mr. Bannon confirmed that the design has not changed and has been an L-shaped addition. Mr. Gamble asked if the parking garage will meet the needs for all the extra square footage. Commr. Cadwell stated that we are building it by City regulations and specifications. Mr. Gamble expressed concern about aesthetics. He stated that he has to answer to the citizens and has to give them a legitimate reason. Commr. Pool pointed out that the parking garage will have the physical appearance of a four-story building.

Mr. Kleppin clarified that the height of the proposed parking deck probably equates to four court floors. He confirmed that we will comply with the design criteria the City established for the property at 320 West Main Street. He stated that the City stipulates the percentage of glass for the elevations that face public streets, they prescribe variations, both in plan and in elevation, to help break down the scale of the building and there are certain numerical criteria which, he believes, we meet. He stated that the elements such as the arcade, the overhangs, the canopies, the base to the building and the material palette are in compliance. He stated that it is their intent to satisfy those prescriptive architectural guidelines for the 320 West Main Street building.

Regarding the status of the purchase of properties for the 320 West Main Street building and the parking garage, Mr. Sandy Minkoff, County Attorney, explained that outside counsel has been directed to proceed with eminent domain on the Beef ‘O’Brady’s parcel and the office building across Maud Street. A meeting is set with the Beltons to discuss the swap of the land across the street for their property. The valuation of the Belton property is about $200,000.00 higher than the County’s property but the cost to the County has not been worked out.

Action - Judicial Center/Courthouse Expansion

A motion was made by Commr. Stivender, and seconded by Commr. Pool, for approval of the schematic design for the Judicial Center expansion, which would be on County-owned property and which is a necessary expansion, as long as it complies with all of the City of Tavares’ requirements and gets their approval.

Under discussion, Commr. Hill asked if the motion includes the revision to façade of the existing Judicial Center facility. General agreement was that will be an option to be discussed at a later date.

In response to an inquiry by Commr. Stivender, Mr. Bannon stated that order of magnitude cost for the downtown campus is in the $150 million range at this stage. He stated that updated costs will be brought back to the Board.

Commr. Hanson called for a vote on the motion which carried unanimously, by a vote of 5-0.

Action - 320 West Main Street (Tax Collector/Property Appraiser) and Parking Garage

A motion was made by Commr. Hill, and seconded by Commr. Cadwell, for approval of the revised elevation on the 320 West Main Street building (Tax Collector/Property Appraiser) and the parking garage, understanding that we will continue to work with the City of Tavares regarding the exterior of the parking garage, meeting all the permitting requirements of the City, including the closing of Maud Street, and including landscaping.

Under discussion, Commr. Stivender stated that the reason she is voting against the 320 West Main Street project is because, in 2004, Mr. McKee (Bob McKee, Tax Collector) made the comment that he had done an analysis through 2004 which shows that traffic in the Tavares Tax Collector’s office had been reduced by 45% by opening branch offices outside of the downtown office. At that time, Mr. McKee felt it was a viable option to move services out of Tavares. Commr. Stivender stated that, using that and the Carter Goble Lee study which indicated that Mr. McKee or the Property Appraiser did not need additional space, she does not feel the necessity for that building to be built at this time. She asked, if we build an annex in South Lake, are some of those employees going with the jail. She stated that, if they are, the Sheriff will not need the two floors in the Historic Courthouse; therefore, the Tax Collector and Property Appraiser can stay in that building which will save us money in order to build the jail in the south end of the County. She stated that those are her concerns and for those reasons, she will be voting against the motion.

Commr. Cadwell stated that those two Constitutional Officers did not request additional space. The study shows County government needs additional space and we asked those two to move.

Commr. Hanson called for a vote on the motion which carried by a vote of 4-1.

Commr. Stivender voted “No.”

Action - Jail Expansion

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved conceptual Jail Option A2 and approved to ask staff to go forward with looking for another location, preferably one we do not have to buy, or rezone, for an expansion.

Commr. Stivender asked for a summary of where the monies are coming from, what we have to bond and what we already have.

RECESS & REASSEMBLY

At 11:10 a.m., Commr. Hanson announced a ten minute break.

PUBLIC HEARING

SPECIAL ASSESSMENT PROJECT - HILLTOP-SORRENTO SUBDIVISION

Mr. Jim Stivender, Jr., Public Works Director, presented the request to authorize Special Assessment Project No. 100, Hilltop-Sorrento Subdivision, which includes Shetland Trail, Thoroughbred Trail, Appaloosa Trail, Welsh Trail and Gere Lane and award the construction of the project to the Road Operations Division of the Public Works Department in the amount of $607,758.45; and a request to encumber and expend funds in the amount of $607,758.45 from the Transportation Trust Fund (excluding constitutional gas tax revenue); and a request to execute the assessment roll and resolution for the project in Commission District 4. He explained that the job had been bid once and a subsequent request for a change order was felt to be substantial and inappropriate and was denied. The job was re-bid and came in well over $1 million. Public Works’ maintenance staff would build a surface-treated road with the understanding that an overlay will be put on that in the future. It will be granite instead of limestone and will be County-maintained. Mr. Stivender pointed out that the cost amount noted, which does not include employee labor costs, is substantially higher than when the project was started a few years ago. He stated that cost of fuel or equipment use normally would be a one time maintenance charge to the property owners but those costs were cut out to try to get the project to move forward. He stated that engineering and parts that are not material costs are out-of-pocket expenses to the County. Staff recommends approval of the project.

Commr. Hanson expressed that she still has concern for the residents who, through no fault of their own, have gotten caught up in this project and are getting an inferior road. However, because it will not be a paved road there might be less likelihood of speeding. She remarked that the road was supposed to have been completed a year ago and she feels there ought to be an extra consideration that the Board would absorb. She opined that 10% off the cost might be appropriate and would be taken out of General Funds.

Commr. Hanson opened the public hearing.

Mr. Thomas Smith stated that he has lived on Shetland Trail more than 30 years. He stated that, in recent years, the County has approved dozens of homes in the back that increased traffic on Shetland Trail and the entire community. He stated that an adjoining development has paved access to his community. He stated that the people who live in Hilltop Subdivision cannot depend on what they have been told by County representatives. He opined that the County needs to pave the community, block it off, put up a gate and bear the burden for abusing the people who have lived in there all this time.

Mr. Pete Stadler, who lives on Gere Lane, stated that his concerns are how the surfacing of the road will affect the people who have heavy equipment on their properties. Mr. Stivender stated that this is a granite surface with lime rock base and is structurally as sound as any other road and will be maintained by the County, not the property owners. Mr. Stadler stated that there has been a lot of damage on Palamino Trail for years and no one has repaired it. He feels they are being penalized and that residents are in the fifth year in trying to get this done. He stated that Art Walker Construction was supposed to pave this road but came up with excuses on why they could not. Mr. Stadler agreed that the County should do the road but that they should have pursued Art Walker Construction and made him compensate the County and the residents in this area. He stated that the road is a safety issue, especially for school children, and he feels the County could do better with helping the residents with the money.

Ms. Betty Ann Christian, who has lived on Shetland Trail 38 years, asked for more help and agreed that the County should go after Art Walker. She asked who will pay if a lien is put on a home that might be sold.

Mr. Sandy Minkoff, County Attorney, advised that would be a covered in a contract with a buyer. He stated that the standard contract used by the Florida Association of Realtors® and the Florida Bar (FAR/BAR) specifies that the seller would pay it but that could be changed as a matter of contract.

Ms. Christian stated that she felt they signed a contract with the County one and one-half years ago in good faith and that good faith meant they would have a paved road. She opined that the 40% should have come off the cost of the first contract, not after all the increases that have come about because of Art Walker. She asked when the road will be paved and if it is on record that residents will not have to pay for the paved road.

Mr. Stivender stated that residents will not have to pay as far as current policy and that, normally, they do not charge for resurfacing. He explained that they rate every road in Lake County and once the rating matches the ability, it would be resurfaced. Because it would be a rock road, the rating will be lower but it would be resurfaced as it ages. He advised that stop signs and mowing along the shoulders will be County maintenance after this is done.

Ms. Christian agreed that there is a lot of speeding, up to 50 and 60 miles per hour, and she would like four-way stop signs at a couple of places on Shetland Trail. Mr. Stivender stated that traffic patterns and conditions will be looked at once the roads are built.

Ms. Christian stated that the Sheriff’s Office needs to help with 4-wheelers and speeders. She stated that all the commercial business and dump trucks need to be stopped in her area which is supposed to be homes.

Mr. Frank Cianciola, who lives on Thoroughbred Trail, commented that he has a tow truck and pulls people out for free. He stated that all the roads need help and that clay is a waste of time. He stated that, while he would like a paved road, he is okay with the proposed project but he does not want the issue prolonged.

In response to a question by Ms. Dee Stadler about when this project will begin, Mr. Stivender stated that they will start the first week of August and that work should be completed in four months. When asked if residents will be able to get in and out during construction, Mr. Stivender stated that they intend to accommodate residents every day and focus on the first segment coming off of CR 437 in order to minimize the impact to residents. Construction will be by sections, beginning with Shetland Trail.

Mr. Terry Reynolds, Thoroughbred Trail, asked if the road will be two lanes rather than a single lane and he asked who will move the trees. Mr. Stivender confirmed that the road will be two lanes and moving the trees will be a cost to the County. He stated that they will leave as many trees as possible. He stated that his staff can meet with residents on-site to discuss details on each area.

Ms. Tammy Jones, Thoroughbred Trail, asked if drainage will be done. Commissioners Hanson and Pool agreed that stormwater work will be done. Ms. Jones stated that there is an enormous amount of dust on concrete wash roads. Mr. Stivender stated that the granite surface should not cause dust, except during the time lime rock is being put down. He suggested that Mill Creek Road, east of CR 439 off of CR 44A, is an example of a granite surface road.

Ms. Jones stated that she feels they should have a paved road if they are going to be charged.

Mr. John Williams, Appaloosa Trail, stated that there is a problem with drag races. He stated that motorcycles outrun the Sheriff’s deputies. He stated that the speed limit should be 15 miles per hour and that the Sheriff should patrol the roads. He stated that four-way stop signs are needed.

Mr. Thomas Smith readdressed the Board and stated that the County promised to pave this road 20 years ago and promised last year to pave the road at a fixed cost. He stated that they are being charged for a paved road but are getting a granite road.

There being no further public comments, the public hearing was closed.

Commr. Hanson commented that there have been a multitude of errors on this project, including gopher tortoise issues, Art Walker not being able to do the work on a timely basis and skyrocketing prices. She acknowledged her frustrations as well as those of the residents. She expressed hope that the Board would agree to do something for these folks because of their tremendous frustration. She praised the outstanding job that Barbara Schamel of Community Services and Patti Harker of the Public Works Department have done through the years.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved Special Assessment Project No. 100, Hilltop-Sorrento Subdivision, which includes Shetland Trail, Thoroughbred Trail, Appaloosa Trail, Welsh Trail and Gere Lane and awarded the construction of the project to the Road Operations Division of the Public Works Department in the amount of $607,758.45; and approved the request to encumber and expend funds in the amount of $607,758.45 from the Transportation Trust Fund (excluding constitutional gas tax revenue); and approved the request to execute the assessment roll and Resolution 2006-115 for the project in Commission District 4; and approved a 10% reduction in the cost to be passed on to the residents and be reimbursed to the Department of Public Works from General Fund.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

GROWTH MANAGEMENT - PUBLIC LAND ACQUISITION PROGRAM GRANT

Commr. Pool stated that he will abstain from the discussion and the vote on this issue. He temporarily left the meeting. (Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was submitted by Commr. Pool and is included in the backup material.)

Mr. David Hansen, Lake County Public Lands Manager, presented the request from Growth Management for approval to award a grant from the Public Land Acquisition program to the City of Clermont in the amount of $2,500,000.00. The grant will aid in the acquisition of approximately half of a 200 (+/-) acre property on Lake Minneola. He explained that the City plans to purchase the lower 100 acres this year and is planning passive recreation with a slight active recreation component. Staff believes this purchase fulfills the minimum requirement of four of the primary site evaluation criteria. He stated that PLAAC (Public Land Acquisition Advisory Council) recommends approval.

Mr. Hansen stated that staff wants to ensure that there will be an interlocal agreement between Lake County and the City of Clermont for three reasons: (1) unincorporated County residents are welcome at this facility; (2) it fulfills the purview of the Public Land Acquisition program; and (3) management and maintenance will be the responsibility of the City of Clermont.

Mr. Sandy Minkoff, County Attorney, confirmed that normally a written contract would memorialize giving the money and the City’s obligations. Mr. Minkoff clarified that the County would not be purchasing anything, just providing funds to the City to purchase it. There will be other grants and may be a lot of restrictions on the property.

City of Clermont Mayor Hal Turville confirmed that the City has a contract on the entire parcel which will be paid for by 2011. He stated that an interlocal agreement is not an issue and the City fully expects that at least 70% of the users of the facility will be County residents. Mayor Turville stated that the City has annexed the land into the City. He stated that the City has a stringent requirement for parks and recreation land that basically calls for ten acres per 1,000 people. He stated that this is absolutely a most desirable piece of land for the City. The City has committed $16.5 million to buying it, doing everything they can to offset that cost with grant applications. Mayor Turville further explained that the City has applied for a $5 million state grant and will go through the state grant application process on the second piece in hopes of being funded.

Mayor Turville stated that he talked with Mr. Alan Pool regarding this property about two years ago. He explained that Mr. Pool asked if the City had any interest in that parcel because the Pool family was interested in the City owning that property if his family were to get rid of it. Mayor Turville stated that he explained the process to Mr. Pool and suggested that Mr. Pool talk to City staff. Mayor Turville assured the Board that the City is not buying the property contingent upon successful grant applications. He reiterated that the City is committed to buying this land. In response to Commr. Cadwell, Mayor Turville stated that he cannot think of any scenario where the City would end up with just a piece of this property. Mayor Turville stated that the only scenario he could see would be if some other Clermont City Council would decide they need to sell some of it. He stated that he does not see that happening and, even if it did, it would be the part on Lake Minneola. He stated that the value of this property is not in its division, the value of the property is as a whole.

Commr. Cadwell explained that, because of Commr. Pool’s position, this Board wants to ask every question that could conceivably be asked. He stated that his thinking, because Commr. Pool serves on the Board, was that this better be a great piece of property and he thinks it is.

Mayor Turville stated that this facility will be used for passive uses such as just being in the park and enjoying nature trails. He added that, other than a brief conversation with Commr. Pool this morning, he has not spoken to him about this issue. He reiterated that Mr. Alan Pool basically shepherded this project and that he does not even know where Commr. Pool stands on this.

Commr. Hanson pointed out that today’s approval does not commit the County for an additional $2.5 million.

Commr. Hill commented that she does not want to promise something to the City, thinking it would come out of the referendum money, if it does not fit in with the legal aspects of that.

Mr. Minkoff stated that the interlocal agreement would require that the City identify the property and that the property always be held for the same purposes of the referendum. He stated that he has looked at this twice and it clearly fits because the County is not purchasing the property but is providing the money to another governmental entity. He stated that clearly was contemplated by the referendum and this property would qualify. Mr. Minkoff stated that the interlocal agreement will be recorded and become a lien on the property. He stated that the agreement will come back to the Board for final approval before the money is given to the City.

Ms. Cindy Hall, County Manager, stated that she spoke to City staff about the fact that the bonds have not been issued yet. That was not problematic to them. She suggested that, once the interlocal agreement is approved by the Board and by the City, the bond issue would be put together. The bonds will be needed in order to pay this amount of money.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried by a vote of 4-0, the Board approved the request to award a grant from the Public Land Acquisition program to the City of Clermont in the amount of $2,500,000.00; aiding in the acquisition of approximately half of a 200 (+/-) acre property on Lake Minneola; pending the approval of the interlocal agreement between Lake County and the City of Clermont.

As previously announced, Commr. Pool abstained and was not present for the vote.

RECESS & REASSEMBLY

At 12:00 noon, Commr. Hanson announced a 30-minute lunch break.

CITIZEN QUESTION AND COMMENT PERIOD

Roy Hunter

Mr. Roy Hunter, Northeast Lake Chamber of Commerce, urged senior citizens to stage a boycott on gasoline by staying at home for three weeks beginning July 19, 2006.

Travis Whigham

Mr. Travis Whigham, Forest Hills Association and a member of Northeast Lake Chamber of Commerce, addressed the Board regarding the improvement of roads in his area. He stated that, in his absence at Board meetings, Mr. Roy Hunter is authorized to speak on his behalf. He advised that others are authorized to speak on his behalf if he has given them written permission.

CLOSED SESSION

Mr. Sandy Minkoff, County Attorney, stated that Florida Statute 286.011 allows an entity’s attorney to request a closed session. He made that request at the Board’s June 20, 2006, meeting. The subject matter to be discussed will be settlement negotiations or strategy sessions related to litigation expenditures. The court reporter is present to record the entire session, including the beginning and ending times, all discussion and proceedings and the names of persons in attendance. The court reporter’s notes will be transcribed and filed with the clerk within a reasonable amount of time after the meeting. The notice of the meeting was advertised. The closed session will begin in open meeting and the Chair will announce that it is estimated to take 30 minutes to one hour for this session.

Commr. Hanson announced that the closed session will begin and will last between one-half to one hour.

RECONVENE

At 1:30 p.m., Commr. Hanson reconvened the meeting and announced the end of the closed session.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

PUBLIC WORKS - PINE LAKES AND FOREST HILLS

RIGHT OF WAY ACQUISITION

Mr. Jim Stivender, Jr., Public Works Director, led a discussion regarding acquisition of right of way through the use of eminent domain and whether to proceed with design stage of the project regarding Pine Lakes and Lake Mack/Forest Hills (Fonseca Lane, Big Foot Way and Jewell Drive). He explained that, in 2000, the Board directed staff to ask for right of way along the corridor that links the Pine Lakes area to the Lake Mack/Forest Hills area to build a dirt road. Understanding that property owners would volunteer right of way, the deeds were prepared. There has been a stalemate for the last two or three years. Mr. Stivender referred to the map in the backup material and noted that the parts in yellow have been acquired, the parts in orange have not been acquired and the parts in pink need to be acquired outside of that corridor.

Mr. Stivender explained that the right of way acquisition costs which are involved, including land value, attorney services, appraisal services, would be about $319,000.00. The cost of construction would be approximately $339,000.00 for a total of about $660,000.00 for the project. That amount is not in the budget and the project is not on the County’s road program. He added that this area borders the Wekiva and there is a sensitivity to wetlands. Staff is requesting direction from the Board.

Mr. Sandy Minkoff, County Attorney, clarified that staff attorneys would be used and that about $169,000.00 would be needed for right of way acquisition. Adding $150,000.00 for design and permitting would bring those costs to about $319,000.00.

Commr. Cadwell stated that this project has been before the Board several times, including public comment. He opined that this road project probably needs to be put on the County’s list but that it would not fall in a funding cycle anytime soon based on the grading system. He stated that the Board has been gracious during the last six months by spending almost $200,000.00 on clay roads mainly in his and Commr. Hanson’s districts. He commented that, weighing this project with the other road projects, he would not be in favor of spending $660,000.00 for this project today.

In response to comments by Commr. Hill, Mr. Stivender agreed that he does not have any capital money in the 112 fund for this type of project. He added that it will not be an impact fee program. He explained that staff went forward with this project with the understanding of voluntary right of way. He stated that staff will continue to address road blockages which are due to high water.

A motion was made by Commr. Cadwell, and seconded by Commr. Hill, to not move forward with acquiring right of way through the use of eminent domain or proceeding with design stage of the project regarding Pine Lakes and Forest Hills/Lake Mack (Fonseca Lane, Big Foot Way and Jewell Drive); but this project will be placed on the Public Works Department’s list and can move up through the normal process.

Under discussion, Commr. Hanson stated that she sees the improvement of this road as a benefit to the entire County in connecting the Pine Lakes area with CR 42. She opined that we need to move forward on it and putting it on the list is a start. She remarked that we should continue to try to get the donation of right of way.

Mr. Travis Whigham, Forest Hills Association, expressed disappointment because this road needs to be made passable. He stated that people out there would not have a way to get out if there were to be a wildfire. He commented that about 74% of the right of way has been donated.

Commr. Cadwell suggested to Mr. Whigham that this project may not happen in the next two or three years.

Commr. Hanson called for a vote on the motion which carried unanimously, by a vote of 5-0.

PUBLIC WORKS - SORRENTO AREA PARK - PURCHASE AGREEMENT

Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval to negotiate a price with intent to purchase two pieces of property in District 4 totaling 49 acres to create a large park with recreation for Sorrento and the surrounding area. The property is one half mile north of SR 46 on the east side of CR 437 in Sorrento.

On an inquiry by Commr. Stivender, Ms. Cindy Hall, County Manager, confirmed that this purchase would be made by using the remainder of the pari-mutuel funds.

Mr. Sandy Minkoff, County Attorney, stated that there are two signed contracts for this property at 3% less than the asking price. He stated that the contracts are contingent upon obtaining appraisals showing that the value is equal to the contract price as well as doing the engineering and environmental studies that are necessary to show that the property is suitable for our use.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Real Estate Purchase and Sales Agreement between Tucker Nursery, Inc., and Lake County and the Real Estate Purchase and Sales Agreement between TBM Premium Finance, Inc., and Lake County, totaling approximately 49 acres to create a large park with recreation for Sorrento and the surrounding area; using the remainder of the pari-mutuel funds; and reminding staff they need to find money for others.

PUBLIC WORKS - TEMPORARY BARRICADES ON SULLIVAN ROAD

Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval to place temporary barricades on Sullivan Road near the intersection of Grassy Lake Road. He referred to the map in the backup material and explained that a barricade would be placed at the dead end at Grassy Lake Road. Road closed signs will be posted with two sets of deflectors.

Commr. Pool stated that he has received calls that school bus traffic travels that corridor and he is concerned about longer bus trips and an unsafe scenario at a worse intersection. He added that residents said the bus turned around there.

Mr. Steve Richey, attorney, representing Dale Ladd and the Ladds, stated that he expressed their concerns during the Board’s June 6, 2006, meeting. A cul-de-sac was discussed using Ladd property for most of the right of way. He stated that the Board directed staff to come back with a plan that would use the County’s right of way. He stated that a PD&E study is being done jointly with the City of Minneola on the road network in that area and it is premature to close anything until that study is done. He stated that, if the road is closed, Mr. Ladd’s position is that it ought to be closed at U.S. Highway 27 and have Sullivan Road not be open at all because he would like to see the folks who live on Sullivan Road be just as inconvenienced as Mr. Ladd will be if the road is closed, cutting his property in half. He stated that they do not want it closed now. He stated that they are in the process of annexing and zoning and the development process with the City of Minneola. He stated that part of this piece of Ladd property is under an old PUD (Planned Unit Development). He stated that part of the condition of that PUD requires them to use Sullivan Road for ingress and egress to their property. He stated that closing off Sullivan Road, even temporarily, does extreme harm to them as far as the value of the property that they are purchasing and to subsequent folks through the development process. He asked that the Board not temporarily close it today, but, if they do temporarily close, temporarily close it at U.S. 27 so that traffic can be redirected back to their area. He stated that he did not get written notice of today’s hearing. He stated that he does not understand staff’s report that, as the traffic pattern in the area changes, a request will be brought back to the Board to remove the barricade.

Commr. Hanson stated that Mr. Stivender came back to the Board with a plan as requested by the Board.

Commr. Pool stated that the remark that day was that the School Board would give a full report on their bus route. He stated that his goal was to help the residents. If the school bus comes in one way and goes out a different way to avoid a bad intersection, he stated that he does not want to make them go across the intersection twice. He stated that would reroute and restructure the entire bus route. He stated that he is here to work with the school kids and the School Board, not just please the residents.

Mr. Stivender suggested that this issue could be postponed one week because there may be a request for approval to advertise next week to vacate Grassy Lake Road and all parts south of this in a subdivision. He stated that the existing road system is going to be a throwaway road system.

Commr. Cadwell stated that a letter is needed from the School Board telling exactly what the bus route is. Commr. Hill added that the City of Minneola has been asked to be involved.

Commr. Pool stated that this could be postponed and give notice to the City of Minneola and the School Board.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board postponed the request, until July 25, 2006, to place temporary barricades on Sullivan Road near the intersection of Grassy Lake Road.

PUBLIC HEARINGS

ROAD VACATION PETITION NO. 1081 - MILTON S. JENNINGS

REPRESENTATIVE DON GRIFFEY, GRIFFEY ENGINEERING

GROVELAND AREA

Mr. Jim Stivender, Jr., Public Works Director, stated that staff has received a letter from Mr. Milton S. Jennings requesting a postponement of Road Vacation Petition Number 1081, Milton S. Jennings, Representative Don Griffey, Griffey Engineering, a request to vacate right of way and cease maintenance on Republic Drive (#2223), and also vacate lot line drainage and utility easements, in the Plat of Lake County Central Park-Phase 2 and in the Home Depot Plat, located in Section 29, Township 21 S, Range 25 E, in the Groveland area, in Commission District 3.

Commr. Hanson opened the public hearing. There being no public comment on the request for a postponement, the public hearing was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board postponed, for 30 days, Road Vacation Petition Number 1081, Milton S. Jennings, Representative Don Griffey, Griffey Engineering, a request to vacate right of way and cease maintenance on Republic Drive (#2223), and also vacate lot line drainage and utility easements, in the Plat of Lake County Central Park-Phase 2 and in the Home Depot Plat, located in Section 29, Township 21 S, Range 25 E, in the Groveland area, Commission District 3.

ROAD VACATION PETITION NO. 1082 - C. DAVID BROWN

CLERMONT AREA

Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval of Road Vacation Petition Number 1082 by C. David Brown, a request to vacate tracts, lots and rights of way, in the Plat of Bowman Realty Co., and cease maintenance on South Bradshaw Rd. (#0553), located in Section 33, Township 23 S., Range 26 E, in the Clermont area, Commission District 2. He showed the site, on south U.S. Highway 27, on the map and added that part of the road was fenced years ago to run cattle. He explained that this is Mr. Brown’s formal request to vacate anything public under this plat. Staff recommends approval of the request to vacate.

At this time, Commr. Cadwell temporarily left the meeting.

Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried, by a vote of 4-0, the Board approved Resolution 2006-116 for Road Vacation Petition Number 1082 by C. David Brown, to vacate tracts, lots and rights of way, in the Plat of Bowman Realty Co., and cease maintenance on South Bradshaw Rd. (#0553), located in Section 33, Township 23 S., Range 26 E, in the Clermont area, Commission District 2.

Commr. Cadwell was not present for the vote.

At this time, Commr. Cadwell returned to the meeting.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

COMMUNITY SERVICES - FERNDALE - COMMUNITY ENHANCEMENT AREA

Mr. Bill Gearing, Community Enhancement Coordinator, Department of Community Services, presented the request for approval of the Community Enhancement Area Working Group recommendation designating the community of Ferndale as a Community Enhancement Area (CEA); directed the Community Development Block Grant Division to fund up to $50,000 for construction of two ADA compliant restrooms at the Ferndale Community Center.

Mr. Gearing gave a presentation (included in the backup material) that included the following:

 

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request to designate the community of Ferndale as a Community Enhancement Area (CEA); and directed the Community Development Block Grant Division to fund up to $50,000 for construction of two ADA compliant restrooms at the Ferndale Community Center.

Mr. Gearing continued his presentation on current projects as follows:

 

At 2:20 p.m., Commr. Stivender left the meeting.

COMMUNITY SERVICES - OFFICE ASSOCIATE III POSITION

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the request for approval to change the limited term Office Associate III position currently funded from State Housing Initiative Partnership (SHIP) funds and Hurricane Housing Recovery (HHR) funds from limited term to permanent full time.

EMPLOYEE SERVICES AND PROCUREMENT SERVICES - EMPLOYEE BENEFIT PROGRAMS

Ms. Susan Irby, Organizational Development Analyst, Employee Services, presented the request for approval from Employee Services and Procurement Services for three recommendations for employee benefits. It is recommended that the County remain self-funded for medical and fully-insured for dental and vision.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved: (A) the request to execute contracts for the medical benefit program to BlueCross BlueShield of Florida (and an affiliated contract for stop loss with Symetra), the dental benefit to CompBenefits, and the vision benefit to Ameritas Group; (B) the request to renew current contracts held with MetLife – Metropolitan Life Insurance Company for Life and Accidental Death and Dismemberment (AD&D) coverage, and UnumProvident for the Long Term Disability (LTD) coverage; in addition, accepted the proposed rates for each which are the same as those currently in force; (C) the request for approval of proposed County/employee contributions for each; approval is subject to final review by the County Attorney’s Office.

PUBLIC WORKS - PURCHASE OF PROPERTY FROM KIM STOCKDILL

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the request for acceptance and signature of grant documents; authorization to offer to make conditional offer based upon appraisal price to purchase property located at 11706 Lake Clair Circle, (Clermont area), and to begin survey, environmental assessment and appraisal of the property; and approved purchase agreement and authorized the Chairman to execute all closing documents.

OTHER BUSINESS

APPOINTMENT - SOLID WASTE ADVISORY COMMITTEE

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board appointed Ms. Lori Houghton, Finance Director, City of Tavares, to serve on the Solid Waste Advisory Committee as a representative from the Lake County League of Cities for a term that ends May 25, 2007.

APPOINTMENT - CHILDREN’S SERVICES COUNCIL

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved to move Ms. Lorrie Simmons from her member-at-large seat to serve in the vacant District 1 seat to complete an unexpired term ending May 14, 2007; clarified that Ms. Barbara Howell will serve in the vacant member at-large seat to complete an unexpired term ending May 14, 2007; and clarified that Ms. Dorothea Wynter will serve in the member-at-large seat being vacated by Ms. Simmons for a term ending May 14, 2008.

REPORTS - COUNTY ATTORNEY

AGREEMENT - COLLECTION OF STORM DEBRIS

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Agreement between Lake County, Florida, and Municipality for Collection of Storm Debris from Streets and Right-of-Way (Clermont, Eustis, Fruitland Park, Mascotte, Minneola and Umatilla).

RELEASE OF CONSENT AGREEMENT - LAKE COUNTY VS E.R. JAHNA INDUSTRIES, INC.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Release of Consent Agreement between Lake County (Petitioner) vs E.R. Jahna Industries, Inc. (Respondent).

PROFESSIONAL FIRE FIGHTERS COLLECTIVE BARGAINING AGREEMENT

Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Collective Bargaining Agreement between the Professional Fire Fighters of Lake County, IAFF, Local 3990, and Lake County. He explained that the agreement has been approved by the union and reviewed by outside counsel. The agreement will be effective through September 30, 2009, with the possibility of an automatic extension. Principal changes are the pay scales in order to keep those consistent with pay scales in Central Florida.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Collective Bargaining Agreement between the Professional Fire Fighters of Lake County, IAFF, Local 3990, and Lake County.

PARKING AGREEMENT

Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Parking Agreement between Lake County, Florida, and Tavares Station Development, LLC, and Dunkin Construction and Development, Inc., for use of a parking area on the corner of Ruby Street and Joanna Avenue in Tavares. This property may be available for parking for one year and the County will be allowed to put down surfacing on the lot. Mr. Minkoff noted that no money is being paid for the agreement.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Parking Agreement between Lake County, Florida, and Tavares Station Development, LLC, and Dunkin Construction and Development, Inc.

SETTLEMENT AGREEMENT BETWEEN PLAINTIFFS AND LAKE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the request for approval a Settlement Agreement between Dewey E. Chaudoin, Wilson Hamrick, and Amantha Musselwhite (Plaintiffs) vs Department of Environmental Protection (DEP), the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and Lake County, Florida (Defendants). This civil action case (No. 05-CA-2730) involves property the plaintiffs sold to DEP in the 1990s. There was an issue as to whether they sold the Transferable Development Rights (TDRs). The County’s only agreement is that, if the judge determines DEP owns the rights, the County will honor it; if the judge determines the plaintiffs own the rights, the County will honor it. This agreement will take the County out of the litigation. It is estimated that the number of TDRs is 329.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 4-0, the Board approved the Settlement Agreement between Dewey E. Chaudoin, Wilson Hamrick, and Amantha Musselwhite (Plaintiffs) vs Department of Environmental Protection (DEP), the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, and Lake County, Florida (Defendants).

REPORTS - COUNTY MANAGER

ADVERTISE AMENDMENTS TO FRS RETIREMENT

Ms. Cindy Hall, County Manager, stated that the Board approved Tab 14 under the County Manager’s Consent Agenda this morning for approval to advertise changes to the Florida Retirement System (FRS) Senior Management Service Class. Under Tab 14, that approval included removing the title of the position of Economic Development and Tourism Director, adding the title of the position of Tourism and Business Relations Director, and adding the title of the position of Economic Growth and Redevelopment Director. Ms. Hall requested an additional approval to advertise the position of Director of Information Outreach for designation by Lake County for inclusion in the FRS Senior Management Service Class. Provisions contained in Chapter 121 of the Florida Statutes and Chapter 60S of the Florida Administrative Code require newspaper notice and elected body approval of any deletions from and/or additions to the list of employees in the Florida Retirement System (FRS) Senior Management Service Class.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board added said item to the agenda.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the request to advertise the position of Director of Information Outreach for designation by Lake County for inclusion in the Florida Retirement System (FRS) Senior Management Service Class.

JOINT MEETING WITH THE CITY OF MOUNT DORA

Ms. Cindy Hall, County Manager, informed the Board that the City of Mount Dora has requested a joint meeting with the Board of County Commissioners. The City suggested Monday evening on August 28, 2006, at City Hall in Mount Dora. She noted that the Board’s calendar shows that date is available.

PROPOSED BUDGET FOR FISCAL YEAR 2007

Ms. Cindy Hall, County Manager, announced that the proposed budget for Fiscal Year 2007 will be ready late today or early Wednesday morning.

REPORTS - COMMISSIONER HILL - DISTRICT #1

FLORIDA ASSOCIATION OF COUNTIES CONFERENCE

Commr. Hill thanked the County Manager for asking staff members to attend the FAC (Florida Association of Counties) conference last month. She commented that they learned a lot at the conference.

LEASHED DOGS AT OUTDOOR RESTAURANTS

Commr. Hill asked if the Board might want to entertain enacting a County ordinance that would permit leashed dogs to sit at outdoor restaurants with their owners. She noted that Governor Jeb Bush approved a law that creates a three-year pilot program regarding the issue.

Mr. Sandy Minkoff, County Attorney, will pull a copy of the statutes and research the issue.

REPORTS - COMMISSIONER POOL - DISTRICT #2

DOWNTOWN CLERMONT LIBRARY SITE

Commr. Pool stated that he attended a meeting last week when Tax Collector Bob McKee talked with the City of Clermont about utilizing the location of the old downtown library. Mr. McKee suggested razing the existing facility and building a new three-story building, perhaps to house his south Lake office, the Chamber of Commerce and some mixed use on the third floor. Commr. Pool opined that it is a good idea and the City may consider it.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

FLORIDA ASSOCIATION OF COUNTIES

Commr. Cadwell expressed his appreciation for everyone’s support during his tenure this past year as President of the Florida Association of Counties (FAC).

REPORTS - COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4

ANALYZING REZONINGS

Commr. Hanson stated that, in analyzing rezonings over the years, she found that staff has listed the rezonings since 1993, showing acreage and the old and new zoning classification. She suggested that staff’s information should also include the public hearing number and the estimate of the number of residential units added or decreased.

Ms. Hall stated that the Growth Management Department would be able to add to the data they keep, and, if that is something the entire Board thinks is worthwhile, staff would be glad to put effort into that.

Commr. Hanson opined that this would be information the public could benefit from (the number of residential units) and probably ought to be on the internet along with the minutes.

Commr. Cadwell stated that he would not have a problem with keeping that information from this point forward but would like the County Manager to look at the amount of manhours it would take to update past information.

Ms. Hall will report back to the Board.

PUBLIC LAND ACQUISITION UPDATE

Commr. Hanson stated that she asked for an update from Mr. David Hansen, Public Lands Manager, on land acquisition. Because of the length of today’s meeting, she suggested that the update be scheduled for another day to ensure it is included in the television broadcast.

MORATORIUM BY FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

Commr. Hanson clarified that the Florida Department of Community Affairs (DCA) placed a moratorium on Lake County because the County has not completed its comprehensive plan. She remarked that the County has not acted in any way that was inappropriate. The moratorium is for changes to the comprehensive plan.

Commr. Pool pointed out that there is not a moratorium for building.

Commr. Hanson stated that her concern is that the moratorium does not deal with the new zonings that are coming into place and allow us to include design standards in the new zonings. She added that the zonings that we are approving are going forward without smart growth designs or other designs.

Commr. Hanson recommended that we consider outsourcing the LDRs (Land Development Regulations) once the comprehensive plan is approved and under way. She stated that discussion can be held at another time and she is mentioning it for the Board’s consideration.

CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Suzen Hillebrandt

Ms. Suzen Hillebrandt addressed the Board regarding barricades on Sullivan Road. (This issue was discussed by the Board under Tab 51.) She stated that she keeps coming to the Board on this issue time and time again, after delay tactics and postponements, because she really cares about this and because it will affect safety issues as well as their lives, their homes and their lifestyle. She stated that the Tindale-Oliver study indicated that Sullivan road should not be used. She stated that there is not adequate right of way to do anything else with the road. She stated that she thought this was a sure thing and that the residents would like to see it happen sooner rather than later. She stated that there will be some lengthy legal procedures. She stated that there is unequal opportunity because the closure was delayed because an attorney requested a delay, saying that he had not received notice of the meeting.

Commr. Cadwell stated that the issue was delayed because of a question with the School Board.

Ms. Hillebrandt asked the Board to proceed sooner, rather than later, and to remember the wishes of the residents who live in that area.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:50 p.m.

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CATHERINE C. HANSON, CHAIRMAN

ATTEST:

 

 

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JAMES C. WATKINS, CLERK