A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 1, 2006
The Lake County Board of County Commissioners met in regular session on Tuesday, August 1, 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; Linda Green, Executive Associate, Board of County Commissioners’ Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Ms. Cindy Hall, County Manager, noted that the emergency management staff is requesting grant approval for $6 million rather than $5.5 million as shown in Tab 10.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 1, 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.
Monthly Distribution of Revenue, Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending June 30, 2006. Disbursements due to Board: $183,679.85. Same period last year: $169,621.23.
Proposed Budget - Village Center Community Development District (CDD)
Request to acknowledge receipt of copy of proposed budget for Village Center Community Development District (CDD) for Fiscal Year 2006/2007, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.
City of Fruitland Park - Comprehensive Annual Financial Report
Request to acknowledge receipt of Comprehensive Annual Financial Report from the City of Fruitland Park, for the period ending September 30, 2005, in compliance with Section 12 of the Interlocal Agreement between Lake County and the City of Fruitland Park Relating to the Provision of Library Services.
City of Clermont - Ordinance 549-M
Request to acknowledge receipt of Ordinance No. 549-M, from the City of Clermont, closing and permanently abandoning that portion of Juniata Street, lying east of 8th Street and west of 7th Street, in the City of Clermont. Passed and ordained by the City Council of the City of Clermont, Lake County, Florida, the 13th day of June 2006.
Public Service Commission
Request to acknowledge receipt from Public Service Commission, In re: Petition for approval of revised underground residential distribution tariffs, by Progress Energy Florida, Inc., Docket No. 060017-EI, Order No. PSC-06-0587-CO-EI, Issued July 6, 2006. By Order No. PSC-06-0479-TRF-EI, issued June 5, 2006, the Commission proposed to take certain action, subject to a petition for formal proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order; it is therefore ordered that Order No. PSC-06-0479-TRF-EI has become effective and final the 6th day of July, 2006.
Proposed Budget - Arlington Ridge Community Development District (CDD)
Request to acknowledge receipt of Notice of Public Hearing to adopt proposed operating budget for Fiscal Year 2007 received from Arlington Ridge Community Development District. The District’s public hearing is scheduled as follows: August 7, 2006, 2:30 p.m., Arlington Ridge Administration Building, 4463 Arlington Ridge Boulevard, Leesburg, Florida.
Pari-Mutuel Bonds Transfer
Request to approve consent of the transfer of paying agent services for the Pari-Mutuel Bonds, Series 2000 from Wachovia Bank to U S Bank. Wachovia has been the paying agent for the Pari-Mutuel bonds since they were issued in 2000. On December 30, 2005, Wachovia sold its corporate trust business to U S Bank. This is a request for the County to consent to the appointment of U S Bank as paying agent for the bonds.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Cadwell asked that Tab 5 of the County Manager’s Consent Agenda be pulled for discussion and Mr. Minkoff asked that Tab 15 be pulled for a short discussion.
Regarding Tab 5, approval to hold a Smart Growth Workshop on Friday, September 22, 2006, and to solicit donations to support the event, Ms. Carol Stricklin, Growth Management Director, stated that they are currently soliciting Requests for Proposals (RFPs) to perform a smart growth audit which is a review of the County’s Land Development Regulations (LDRs), the proposed Comprehensive Plan and other growth management programs against the principles of smart growth. They are proposing to kick off the review process with a community educational event in September. She stated that they are asking to pull Tab 5 today because they would like to push the event back into October. She stated that they will not be soliciting donations but will be using next year’s budget to support the event.
Commr. Cadwell suggested bringing this item back after the Comprehensive Plan is finished.
Ms. Stricklin stated that staff would bring back to the Board, in late August or early September, a request to award the contract for the smart growth audit. She stated that the summit will be rescheduled at the Board’s pleasure.
Commr. Stivender agreed with Commr. Cadwell that we need to wait until the Comprehensive Plan is in place.
Ms. Stricklin advised that the Local Planning Agency (LPA) is scheduled to finish their work on August 17, 2006, and there are two worksessions scheduled before the Board of County Commissioners in September with a projected transmittal date by the Board on October 3, 2006.
Commissioners Stivender and Hanson agreed that the audit could be put off until after October 3.
Ms. Stricklin stated that they would like to bring the consultant on board and hold the kick-off event, timing it more appropriately with the Comprehensive Plan.
Commr. Cadwell stated that he does not want to do anything that will make the Comprehensive Plan more convoluted. He suggested maybe waiting until after November and Commr. Hanson agreed.
Commr. Hanson stated that Tab 5 will be pulled from the County Manager’s Consent Agenda.
Regarding Tab 15, the request to accept the final plat for Sugarloaf Mountain Unit 1B and a performance bond in the amount of $7,537,916.05, Mr. Minkoff stated that the bond amount shown in the agenda is not correct. He stated that some improvements are necessary in order for the subdivision to go forward that were not included in that estimate. He asked that the plat be approved today, understanding that the new bond amount will be worked out in the 30 days given to record the plat. If that cannot be done, it will be brought back to the Board. He stated that the bond amount is probably $1 million or $1.5 million short from the amount shown in 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 County Manager’s Consent Agenda, Tabs 2 through 20, amending Tabs 10 and 15, and pulling Tab 5, as follows:
Request for Budget transfer – General Fund, Department of Facilities Development and Management Services, Facilities Management Division, Jail Maintenance Section. Transfer $30,000.00 from Buildings to Repair and Maintenance. Additional funds are needed for an unanticipated project in a leased building. Funds available in Buildings for unanticipated projects.
Request from Budget for approval of Resolution 2006-125 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of $887,748.00 deposited into Federal Healthy Communities Access Program Grant (HCAP) and provide appropriations for the disbursement for Operating Expenses as continued funding for Lake County’s Community Access Network program for fiscal years 2006 and 2007.
Request for approval of a Satisfaction and Release of Fine for property owner, Emil Eissler, Code Case #2004060130.
Request for approval of a Satisfaction and Release of Fine for property owner, Arthur Lee Young, Code Case #2000100144.
Request for approval of the contract for Fee Study for Public Works to Maximus, Inc., of Tallahassee, Florida, in accordance with RFP #06-039 for $12,500.00.
Request for approval to execute the Agreement between Lake County, Florida, and Baker & Taylor, Inc., for the Opening Day Collection Services of the Lake County Cagan Crossings Community Library in the amount of $100,000.00.
Request for approval of the contract with HNTB Corporation to provide engineering services for CR 19A Roadway Conceptual Analysis/Project Development and Environmental Study in the amount of $389,886.27.
Request for approval and execution of the Hazard Mitigation Grant Contract between the State of Florida, Department of Community Affairs and Lake County, by the Lake County Board of County Commissioners, for FEMA Project 1561-57-R, Lake County Emergency Operation Center Wind Retrofit Project, and approval of the attached Budget Transfer Request in the amount of $150,000.00 from General Fund Reserves. The period of the contract begins upon execution by both parties and ends on March 28, 2009.
Request for approval to apply for grant funds in the amount of $6,000,000.00 through the Statewide Competitive Grants Program to Construct or Improve County Emergency Operations Centers (EOCs); apply for EOC grant funds through the Hazard Mitigation Grant Program (HMGP); and approve minor grant modifications.
Request for approval to donate two fabricated aluminum impoundment cages, PN 17973 and 15530, to Flagler Humane Society/Animal Services.
Request for approval to accept the final plat for Arrowtree Overlook, which consists of 9 lots, and all areas dedicated to the public as shown on the Arrowtree Overlook plat, Commission District 3.
Request for approval to accept the final plat for Consigny Place, which consists of 5 lots, and all areas dedicated to the public as shown on the Consigny Place plat which is in Commission District 1.
Request for approval to accept the final plat for Robbins Ridge, which consists of 4 lots, and all areas dedicated to the public as shown on the Robbins Ridge final plat, accept a performance surety in the amount of $5,120.50, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Richard H. Langley, Commission District 3.
Request for approval to accept the final plat for Sugarloaf Mountain Unit 1B, which consists of 75 lots, and all areas dedicated to the public as shown on the Sugarloaf Mountain Unit 1B final plat, accept a performance bond*, and execute a Developer’s Agreement for Construction of Improvements between Lake County and SLCD, LLC, Commission District 3. (*Per the County Attorney the bond amount of $7,537,916.05 shown in the agenda is not correct; the new bond amount will be worked out within the 30-day period before the plat is recorded; if there is a disagreement on the amount, the item will be brought back to the Board; the above amount is probably $1 million or $1.5 million short.)
Request for approval to release a maintenance bond in the amount of $26,930.00 posted for Summit Lakes which consists of 45 lots which is in Commission District 2.
Request for approval to release a letter of credit for performance for construction of improvements in the total amount of $132,747.98 that was posted for Las Colinas Phase II which consists of 104 lots, Commission District 3.
Request for approval to return funds posted as surety for performance in the amount of $69,651.73, accept a maintenance bond in the amount of $67,887.25, execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Greater Homes, Inc., and execute Resolution 2006-126 accepting the following roads into the County Road Maintenance System: Robin Hill Loop (County Road No. 0259K). Orange Tree Phase VI consists of 44 lots, Commission District 2.
Request for approval to return funds posted as performance surety in the amount of $1,650.00, accept a maintenance bond in the amount of $25,496.98, execute a Developer’s Agreement for Maintenance of Improvements between Lake County and M/I Homes of Lake County, LLC, d/b/a Shamrock Homes for the Apiary Pointe Plat, and execute Resolution 2006-127 accepting the following roads into the County Road Maintenance System: Honey Blossom Drive (County Road No. 6745A), and Queen Bee Lane (County Road No. 6745B). Apiary Pointe consists of 16 lots, Commission District 5.
Request for approval of Agreement between Lake County Board of County Commissioners and Groveland Shoppes, LLC, and Groveland Associates, LLC, and the City of Groveland for realignment of CR 565A.
GRANT FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
State Senator Carey Baker (R-Eustis) presented a grant check in the amount of $200,000.00 from the Florida Recreation Development Assistance Program (FRDAP) to help build the Northeast Community Park in Umatilla. He stated that building parks is one of the greatest investments that government can do. He thanked the Board for its foresight and willingness to commit to this undertaking. He noted that the State of Florida spends more on land preservation and parks than any other state or the Federal government.
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
Susanne Clemens, Probation Clerk, Community Services/Probation
Karen Davis, Senior Housing Intake Specialist, Community Services/Housing and Community Development/Housing Services
Mary Gillis, Senior Budget Analyst, Budget
Jimmy Kirby, Code Enforcement Officer, Growth Management/Code Enforcement
Presentation of Award to Employee with Ten Years of Service
Charlene Smith, Assistant Library Services Director, Community Services/Library Services
Presentation of Award to Employee with Twenty Years of Service
Frank Franklin, Equipment Operator III, Public Works/Road Operations/Maintenance Area
Presentation of Award to Retiring Employee with 38 Years of Service
John Jackson, Jr., Extension Agent IV, Community Services/Agricultural Education Service/Cooperative Extension Service
Employee of the Quarter
Teresa Conant, Office Associate III, Public Works/Engineering
Supervisor of the Quarter
Charlene Smith, Assistant Library Services Director, Community Services/Library Services
Team Award – Environmental Services, Water Resources and Environmental Programs/Hydrogeology and Laboratory
Cathie McGwier, Laboratory Supervisor
Walter Wood, Senior Hydro-Geologist
PRESIDENT’S VOLUNTEER SERVICE AWARDS (PVSA)
Ms. Helena Osborne-Ponsi, Volunteer Coordinator, Department of Community Services, presented the President’s (of the United States) Volunteer Service Awards (PVSAs) to Lake County volunteers. The PVSA was created to recognize Americans who have made a sustained commitment to volunteer service and Lake County serves as a certifying organization. Ms. Alexa Taylor, a high school student who was not able to be present, performed 101 documented hours of volunteer service within a 12-month period to earn the bronze award. Her volunteer service was performed in the Library Services Division. Ms. Alanna Borrego, a high school student, performed 124.5 hours of documented volunteer service within a 12-month period to earn the bronze award. Her volunteer service was performed in the Teen Court Program. Ms. Danielle Reid, a high school student, performed 275 documented hours of volunteer service within a 12-month period to earn the gold award. Her volunteer service was performed in the Library Services Division, the Emergency Management Division, the Community Services Department and the Information Outreach Division.
Ms. Ponsi presented the President’s Call to Service Award to Mr. Gil Fayerman, Director of County Court Mediation Program and Lake County Volunteer Program participant. He completed the President of the United States’ certification process and achieved Individual Gold Award status in recognition of his outstanding community service to Lake County. This lifetime achievement is recognized because of Mr. Fayerman’s 4,000 documented hours of service in the volunteer program. He has also been involved with the Affordable Housing Advisory Board and he serves on the Children’s Foundation.
Mr. Fayerman stated that this award also belongs to the Mediation Program and the volunteer mediators themselves. Mediators present were Mr. Don Schreiner, Mr. Bob Ponzi, Ms. Beth Lang, Mr. Walt Thielhart, Mr. Howard Jennings, Mr. Clarence Turk, Mr. Frank Freeman, Ms. Katherine Vance, Ms. Cindy Mihalic, Ms. Darlene Elliot, Mr. Bob Voegele, Mr. Bill Blizard. Judge Donna Miller was present and was recognized for her participation in the Mediation Program.
RECESS & REASSEMBLY
At 9:45 a.m., Commr. Hanson announced a 15-minute break.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC WORKS - PRIDE, PARKS, PLEASURE PROJECT
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval for the Parks and Trails Division to partner with the Lake County Volunteer Program to start the Pride, Parks, Pleasure Project and the request for permission to explore various funding sources through grants, business, communities and in-kind services. He stated that the emphasis needs to be on volunteers who help care for the parks. This countywide volunteer program, which will begin in the Sorrento area, will help prevent vandalism and will help with maintenance of the parks.
Commr. Hanson explained that the 2+ acre park in Sorrento was maintained in the past by the Kiwanis Club, when it was in existence, by the chamber of commerce and by several churches. The property was purchased through a Community Development Block Grant.
Mr. Bobby Bonilla, Director, Parks and Trails Division, confirmed that his division will work closely with the Volunteer Program and a definite presence will be shown in the parks and trails, perhaps through some kind of uniform or clothing. The park ranger program will be coming into place soon.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board gave approval for the Parks and Trails Division to partner with the Lake County Volunteer Program to start the Pride, Parks, Pleasure Project and approved the request for permission to explore various funding sources through grants, business, communities and in-kind services.
PUBLIC WORKS - VISTA DEL LAGO BOULEVARD
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval to cease road maintenance and remove a section of Vista Del Lago Boulevard. He confirmed that everyone within the subdivision was notified in writing last week of today’s meeting. He showed a sketch of the intersection at Vista Del Lago Boulevard and Lake Louisa Road (a copy is included in the backup material) and reminded the Board that barricades were put up in May 2004 because 3,000 or 4,000 cars were cutting through the Vistas subdivision. The signal is in place at Lake Louisa Road (at U.S. Highway 27) and the southern connector is under construction. Mr. Stivender stated that, after a meeting in February 2006, he basically recommended not opening the road until a study could be done on the southern connector.
Mr. Stivender stated that, since May 2004 until today, a formal request has not been presented to him or his staff by The Vistas at Lake Louisa Homeowners’ Association (HOA). He explained that he met with a couple of people from the HOA a couple of months ago and began working with them on some options. He stated that Ms. Judy Featherston and Ms. Mary Goldin are adjacent property owners and are physically affected by the barricade. Mr. Stivender stated that he advised Ms. Featherston and Ms. Goldin that he would take the HOA’s wishes to the Board of County Commissioners for a final decision.
Mr. Stivender stated that he wants to explain the Public Works Department’s involvement if the Board chooses to go forward. In referring to the sketch, he stated that the section of pavement shown in green would be removed. That includes part of a deceleration lane. A berm area (shown in orange) would prevent physical ingress and egress by vehicles. There is a proposal for a sidewalk and crosswalk (pink area). The left turn lane in the median would be gored out and be identified as a crosswalk so pedestrians can safely walk down to the beach across Lake Louisa Road.
Mr. Stivender stated that Lake County and the City of Clermont have an interlocal agreement. He noted that this project, the physical detachment and the amenities, will cost about $10,000.00. The current barricades will be removed and the result will be much more pleasant to view. In response to a question by Commr. Cadwell regarding a possible financial contribution by the HOA, Mr. Stivender opined that there is a willingness and there are some things the HOA wants to do above and beyond what the Public Works Department will do, such as planting trees and maintaining the area.
Commr. Hanson asked if the cost, the benefit of which is completely to this particular subdivision, is a legitimate expense to the County. Mr. Stivender opined that the realistic issue is that the Vistas subdivision was designed twenty years ago and Vista Del Lago Boulevard has multiple driveways coming off the spine road. Subdivisions approved in subsequent years do not have that issue. He admitted that, even though he was reluctant to closing it as a through road, the public safety issue plays a role. He opined that they have minimized the County’s costs and, in making a final effort to put in a more appropriate barricade, this is the way to go. He stated that they are not vacating it and that there is still public access for utilities and pedestrians. He advised that, if the next generation of residents want it open and want a gated community, the adjacent property owners would not own this part of the road. He thinks the residents are very much aware that there is public ingress/egress to the common areas and he confirmed that anyone could walk through the public corridor.
Mr. Gary Kaiser, Public Safety Director, stated that the County has a first response agreement with the City of Clermont that has been working well and the City has agreed to continue coverage in that area from both ends.
Commr. Pool explained that the fire station is across the street behind Publix on the Hartwood-Marsh corridor and is about a two- to three-minute run. He stated that the ambulance would continue to come south to the entrance at Walgreens.
Mr. Kaiser confirmed that there is no public safety concern as long as the agreement with the City is in place.
Commr. Hanson called for comments from the audience, noting that this is not a public hearing.
Ms. Nancy Madden, who lives on Bonita Court in the Vistas, stated that she has always been opposed to this closure, mainly because of the safety factor. She stated that others in opposition could not stay long enough to speak today. She stated that Mr. Stivender and Commr. Pool reversed what she has been told and that Mr. Stivender has been asking for patience until the road is reopened. She stated that a HOA newsletter indicates that Commr. Pool and the Lake County Public Works have made it very clear they are in favor of reopening the road and some solutions were mentioned in the newsletter. Ms. Madden stated that Commr. Pool and Mr. Stivender said, at a meeting almost two years ago, that the road needed to be opened and stop signs, sidewalks and roundabouts were offered. She stated that their plan was denied over and over. She stated that a survey by the HOA indicated that 14 residents and 18 non-residents did not want the road closed. She stated that earlier this year a resident poll indicated that 81% opted to gate, not close, the road. Ms. Madden stated that, once the turn lanes are torn out, this closure will be permanent and that is not what the residents of the subdivision asked for.
Ms. Madden stated that the board of directors of the HOA has taken it upon themselves to change the mind of the majority of this community. She stated that four of the five HOA board members live on Vista Del Lago Boulevard and that two of them will benefit most by having their property beautified at taxpayer expense. Ms. Madden referred to minutes of the County Commission’s February 28, 2006, meeting at which Mr. Stivender expressed concern about ambulances, fire trucks and police cars. Ms. Madden gave examples of how emergency vehicles would be delayed if the street is closed. She stated that Mr. Stivender thought, at the February 28 meeting, that only 500 extra cars a day would come through the subdivision.
Ms. Madden stated that there is nothing to base spending this money on because the road was never opened to see what the actual traffic count would be. She referred to a map (included in the backup material) and stated that traffic from several subdivisions will be funneled to U.S. Highway 27 (US 27) when the southern connector is completed. She stated that it is not true that 6,000 people will be driving through the subdivision. She pointed out that the HOA board members bought their homes on that street when the road was open. In referring to another map (included in the backup material), Ms. Madden gave drive times between three locations, from A to C (4 minutes 17 seconds) and from A to B to C (3 minutes 5 seconds). She reiterated that traffic counts should be done after the southern connector is finished and that 81% of the homeowners did not want the road closed. She asked why the County would pay that kind of money, and even pay for St. Augustine grass, when other projects are needed.
Mr. Stivender confirmed that, at the original HOA meeting, discussion included where the barricades should be, such as in the middle of the subdivision, closing off US 27 access and making Lake Louisa Road the prime access instead of US 27. He stated that was left up to the HOA to decide how they wanted traffic to flow rather than the County making a decision.
Commr. Stivender asked if there is a way to berm or barricade at Bonita Court rather than going down to Lake Louisa Road.
Mr. Stivender agreed that a berm or barricade could be put between any two lots in the subdivision and the HOA discussed that option. He agreed with Commr. Stivender that the HOA was not in favor of doing that.
Ms. Mary Goldin, Vista Del Lago Boulevard, read a statement regarding the traffic issue. (A copy of her statement is included in the backup material.) Her statement included information on the issue of safety for the residents of the Vistas, possible reduced traffic flow, the solution, what the community looks like today and community participation. In conclusion, Ms. Goldin requested that the Lake County Board of County Commissioners vote yes to the earthen berming of Vista Del Lago Boulevard where it intersects with Lake Louisa Road.
Ms. Judy Featherston, Vista Del Lago Boulevard, stated that there are approximately 80 homes on her road which is .7 of a mile in length. She stated that the increased traffic numbers are a great safety concern. She stated that her community has always tried to make this a permanent resolution and they approached Mr. Stivender to find out what they, as a community, could do, in working with Public Works, to make this happen.
Mr. Arlen T. Bellville, who is a former HOA president, stated that he continues to support the temporary closure until a resolution can be decided upon. He stated that his personal desire, and that of several homeowners, is that he wants a gate at this location. He stated that this property should be vacated to the HOA so that they can decide what to do with it.
Commr. Hanson stated that, if that happened, the HOA would have to bear all the cost of putting in the berm. Mr. Bellville stated that he understands that.
Commr. Stivender stated that, if vacated, the HOA would also have to maintain the road once it is closed. Mr. Bellville stated that there would not be a road, it would be that last 150 feet that would have to be maintained. Mr. Bellville expressed concern that this will be a permanent closure, creating a single entrance to the subdivision. He reiterated that it would be better for the subdivision to have a gated entrance at one end.
Ms. Madden stated that she was not included in this resolution and that the two people who were included are the two who will benefit most from it. She stated that there was no attempt to get any opposition or to make any kind of compromise. She stated that the people who signed the petition were told that there will be 6,000 cars driving through that neighborhood.
In response to Ms. Madden’s question about 6,000 cars a day going through the subdivision once the connector is in place, Mr. Stivender stated that he only knows that 3,000 cars before was excessive but that he cannot answer how many cars would actually go through there. Ms. Madden stated that crime is a problem. She stated that residents of the subdivision are cutting through one of the drainage areas through Vacation Village property to get to Lake Louisa Road. She stated that Vacation Village had to pay for and dig a big trench to keep vehicles from going through their property.
Commr. Hanson expressed concern about Vacation Village and Commr. Pool confirmed that they do not have gates. He stated that signs were put at the entrance and that Vacation Village has taken care of the cut-through problem. Mr. Stivender confirmed that they saw some cut-through traffic last winter but they have not gotten any calls since then.
Commr. Cadwell stated that a connector road through there made since for transportation planning purposes but it does not make sense to have that type of road go through that type of community. It became unsafe and the system did not work on this development regarding transportation. He stated that he is not excited about the solution but he thinks it needs to be done so that folks will not think it will be open when it will not be. He stated that a decision will give folks some type of feeling that it is over with, good or bad. He stated that he would like some idea of what the HOA intends to spend to help with the closure. He stated that he wants to make sure there is a clear understanding that will be a public sidewalk and that anyone, even if they do not live in the community, has the ability to walk through there because it is a public right of way.
Ms. Featherston, a director on the HOA, stated that the HOA has spoken to Mr. Stivender about helping with the cost and they know that part of that will come from the HOA.
Commr. Pool stated that there is no easy answer and that he has talked with Ms. Madden and other residents numerous times on this issue. He thinks the southern connector will help but, long term, the solution is to have this not be a cut-through. He thinks the HOA should agree to help pay for the closure.
Commr. Cadwell suggested going ahead with this approval and bringing back another agenda item that would show how much the County is going to pay and how much the homeowners are going to pay. Mr. Jim Stivender, Public Works Director, confirmed that staff will negotiate with the HOA for a percentage of the fixed cost.
Commr. Cadwell stated that he hopes the HOA is really a vested partner. Ms. Featherston agreed. Commr. Hanson suggested maybe 50/50. Commr. Cadwell asked that Mr. Stivender come back with some reasoning for the cost.
A motion was made by Commr. Pool, and seconded by Commr. Cadwell, based on staff’s recommendation, to approve ceasing road maintenance and removal of a section of Vista Del Lago Boulevard; coming back with price tag so that the County is not fronting the entire cost; there will be no vacations.
Regarding setting a precedent by ceasing maintenance and removing a section of Alameda Sandra Road at Oswalt Road, Mr. Stivender explained that was a similar case and was used as a reference. Commr. Stivender asked if there will be more of these because these types of go-throughs were required twenty years ago in these types of subdivisions. Mr. Stivender agreed that, if the traffic outside a neighborhood is dramatically impacting the quality of life inside the subdivision, the Board will be looking at that on a regular basis. Commr. Stivender stated that there needs to be a policy on how to pay for those kinds of things because they will come back because people are trying to find a shorter, quicker way to get someplace. Mr. Stivender stated that they have two or three requests that are more radical than this one because they have not been able to keep up with making improvements to roads. Mr. Stivender stated that they were reluctant to go forward with this one to begin with.
Ms. Cindy Hall, County Manager, suggested that when Mr. Stivender brings back a negotiated split with the homeowners’ association, they might put that into a policy recommendation on which to base future decisions.
Commr. Hanson stated that it may be that the HOA will pay all of it, that perhaps that should be looked at because it is for the benefit of the folks who live there. She stated that the County, obviously, will continue to maintain the road.
Commr. Hanson called for a vote on the motion which carried unanimously, by a vote of 5-0.
PUBLIC WORKS - PEAR PARK MASTER PLAN
Mr. Jim Stivender, Jr., Public Works Director, presented the request for approval of the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park Conceptual Master Plan and the request for approval to work with Procurement Service to prepare a RFP to secure the services of consultants for the production of design development and construction documents based on the approved conceptual master plan.
Mr. Randy Raiman, HHI (Herbert Halback, Inc.), stated that they served as facilitators, not designers, for this park. He stated that this is one of the most unique parks he has worked on. It is unique because of the public process with the PEAR Association and the various people that support various active athletic activities. The park is nearly 320 acres and only 20 acres, 6%, is going into active recreation as it abuts U.S. Highway 27 (US 27). The vast majority of the site will be preserved with enhancements for scrub vegetation and community gardens. He explained that active recreation includes two softball fields, twelve pickle ball courts, tennis courts, a football/soccer field, a small playground, about 4.5 miles of recreational paved trails, and two observation overlooks. A canoe launch will be built. Mr. Raiman stated that there will be an expanded dog park in a shaded location. He opined that the best thing about this park is that the community will get active recreation elements, as well as enhanced scrub restoration, creating a win/win for everyone.
Mr. Raiman confirmed that the stand of trees by US 27 will be preserved. Additional buffering will be done between active recreation and the passive sites. He stated that there are approximately three acres in the special events open space area.
Mr. Gary Salzman, President, PEAR Association, stated that the PEAR Association’s 200+ paid, active members endorse this plan. He stated that Mr. Bobby Bonilla, Director of the Parks and Trails Division, did a fantastic job and got everyone to agree on a single plan. He asked the Board to endorse the plan and see to the funding of its implementation.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved of the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park Conceptual Master Plan and approved to work with Procurement Services to prepare a RFP to secure the services of consultants for the production of design development and construction documents based on the approved conceptual master plan; and approved funding.
Commr. Stivender invited everyone to the planting at the park on Saturday, August 5, 2006, beginning at 8:00 a.m.
Commr. Pool noted that about 600 acres have been added to the County’s parks system in the last four or five years.
Regarding the property in Sorrento, Mr. Sandy Minkoff, County Attorney, advised that there is a signed contract for both of those parcels and a closing date is anticipated for late November.
COMMUNITY DEVELOPMENT BLOCK GRANT
Ms. Liz Eginton, Housing and Community Development Director, Department of Community Services, gave a presentation of proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2006-07, including information about the proposed activities, and the request to take comments from the public regarding use of CDBG funds during FY 2006-07. The Board is also requested to adopt the FY 2006-07 One Year Action Plan by resolution and authorize the Chairman to sign the Application for Federal Assistance (Form SF 424), the Adoption Resolution, and the required certifications. The presentation included information on the following:
Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.
Commr. Cadwell stated that this has been a great program but it is one of those programs that so many things can go wrong if the right people are not doing it. He thanked Ms. Eginton and her staff for the job they have done helping set this program up and making sure it is run the right way.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board adopted the FY 2006-07 One Year Action Plan by approval of Resolution 2006-128; and authorized the Chairman to sign the Application for Federal Assistance (Form SF 424), the Adoption Resolution, and the required certifications.
ORDINANCE AMENDING SECTION 10.02.01
Mr. Sandy Minkoff, County Attorney, placed the following proposed ordinance, amending Section 10.02.01 by adding Section 10.02.03, Land Development Regulations, entitled “Temporary Residential, Commercial and Industrial Use Housing Following a Disaster” on the floor by title only for its first reading. He noted that, if approved today, the second reading will occur in September after 5:05 p.m.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.02.01, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TEMPORARY STRUCTURES; ADDING SECTION 10.02.03, PROVIDING FOR TEMPORARY STRUCTURES FOLLOWING A DISASTER IN THE RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Hanson opened the public hearing. There being no public comment, the public hearing was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the first reading of the proposed ordinance amending Section 10.02.01 by adding Section 10.02.03, Land Development Regulations, entitled “Temporary Residential, Commercial and Industrial Use Housing Following a Disaster.”
ORDINANCE AMENDING SECTION 2-90.55
Mr. Sandy Minkoff, County Attorney, placed the following proposed ordinance, amending Section 2-90.55 of the Lake County Code amending the membership of the Lake County Public Land Acquisition Advisory Council (PLAAC) on the floor by title only. He noted that this is the first and final reading and, if adopted, it will be Ordinance 2006-79.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 2-90.55, LAKE COUNTY CODE, ENTITLED MEMBERSHIP FOR THE PUBLIC LAND ACQUISITION ADVISORY COUNCIL TO ADD TWO ADDITIONAL MEMBERS REPRESENTING THE BUSINESS COMMUNITY ON THE COUNCIL; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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 unanimously, by a vote of 5-0, the Board approved Ordinance 2006-79 amending Section 2-90.55, Lake County Code, entitled Membership for the Public Land Acquisition Advisory Council (PLAAC).
Commissioner Hanson suggested that staff give the Board a report soon on lands that have been proposed for purchase.
At this time, Commr. Cadwell temporarily left the meeting.
APPOINTMENTS -WELLFLORIDA COUNCIL BOARD OF DIRECTORS
On a motion by Commr. Hill, seconded by Commr. Pool and carried, by a vote of 4-0, the Board reappointed Mr. Jonathan Cherry to the Provider position (a two-year term to expire September 30, 2008) and appointed Mr. David Jordan to the Consumer position (completing an unexpired term and to serve a consecutive two-year term ending September 30, 2008) on the WellFlorida Council Board of Directors.
Commr. Cadwell was not present for the vote.
At this time, Commr. Cadwell returned to the meeting.
APPOINTMENTS -LAKE COUNTY IMPACT FEE COMMITTEE
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed/reappointed the following people to the Lake County Impact Fee Committee to serve two-year terms beginning August 6, 2006:
APPOINTMENTS - COMPREHENSIVE HEALTH CARE COMMITTEE
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed/reappointed the following people to the Comprehensive Health Care Committee to serve three-year terms beginning August 16, 2006:
REPORTS - COUNTY ATTORNEY
RESOLUTION - EMINENT DOMAIN PROCEEDINGS
Mr. Sandy Minkoff, County Attorney, presented the request for approval of a resolution instituting eminent domain proceedings for acquisition of property located in downtown Tavares for office space and parking, and approval to proceed with the pre-suit negotiation offer. He explained that the two properties included are: a vacant office building north of Maud Street, behind the Law Library, (L.M. Reed Enterprises, L.C.); and a parcel south of Maud Street (known as Beef ‘O’Brady’s restaurant). He stated that they are still working with owners of three other parcels and those are not included in this resolution. He stated that the resolution is the culmination of several hearings by the Board and that they chose this site and determined that it is necessary for the public interest to build the new courthouse and Tax Collector/Property Appraiser building as well as parking for the Judicial Center (courthouse). Once the resolution is approved, an offer will be made to the property owners. If that is unsuccessful, eminent domain proceedings will begin.
A motion was made by Commr. Cadwell and seconded by Commr. Hill for approval of the resolution instituting eminent domain proceedings for acquisition of two properties located in downtown Tavares for office space and parking, and approval to proceed with the pre-suit negotiation offer.
Under discussion, Commr. Stivender explained that she will not support this because the original discussions, three years ago, were that when the garage is built, we would try and maintain the businesses downtown by locating them on the bottom floor of that garage. She stated that we have not worked toward that option. She stated that she is greatly disappointed. She stated that Beef ‘O’Brady’s is a very viable business and employees and the entire town eats there. She stated that she feels we are running them out of town by doing this and she does not agree with it.
Commr. Hanson called for a vote on the motion, which carried by a vote of 4-1, to approve Resolution 2006-192 instituting eminent domain proceedings for acquisition of two properties located in downtown Tavares for office space and parking, and approval to proceed with the pre-suit negotiation offer.
Commr. Stivender voted “No.”
REPORTS - COMMISSIONER HILL - DISTRICT #1
LEESBURG BABE RUTH SOFTBALL TEAM
Commr. Hill announced that she will be bringing back a resolution to congratulate the Leesburg Babe Ruth 16-and-under girls’ softball team which advanced to the Babe Ruth Regional tournament in Virginia.
REPORTS - COMMISSIONER POOL - DISTRICT #2
PROCLAMATION - CONSTITUTION WEEK
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Proclamation 2006-130 declaring September 17 through 23, 2006, as Constitution Week.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
PROCLAMATION - LAKE COUNTY FIREFIGHTERS APPRECIATION WEEK
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved Proclamation 2006-131 declaring September 1 through 8, 2006, as Lake County Firefighters Appreciation Week.
SEAN THOMAS OF THE DAILY COMMERCIAL
Commissioner Stivender thanked Sean Thomas of the Daily Commercial for his fair media coverage. She stated that he has been one of the better reporters she has worked with and she wished him luck in this new position.
LAKE COUNTY EDUCATIONAL FOUNDATION
Commr. Stivender thanked the Educational Foundation for asking her to be one of the dancers in Friday night’s “Stepping out for Education” event. She thanked Ms. Carmen Cullen of the Lake County Educational Foundation and Ms. Kathy Sleaford of Junior Achievement. About $26,000 to $30,000 was cleared and will go back to education for the teachers for the schools.
Commr. Stivender thanked Mr. and Mrs. Paul Gross of Tavares and Mr. and Mrs. Edd Holder and Humana and Florida Hospital Waterman for helping pay for the fountain in Tavares.
REPORTS - COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
MID-FLORIDA AREA AGENCY ON AGING
Commr. Hanson stated that she serves on the Mid-Florida Area Agency on Aging which meets quarterly in Gainesville. The Agency deals with dollars that go to different lead agencies dealing with the elderly. She stated Ms. Allison Thall, who is now on staff, would be an outstanding representative. She explained that it is very time consuming to attend the meetings although she enjoys them. She stated that the Agency is made up of citizens and commissioners and she does not see a problem with recommending that a staff member serve on the Agency.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved placing the item on the agenda.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved recommending that Ms. Allison Thall (Elder Affairs Director in the Department of Community Services) serve on the Mid-Florida Area Agency on Aging to represent Lake County.
Commr. Hanson stated that the Agency will have to approve the recommendation.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. George Wolf of Hawthorne commended the Board for today’s decisions regarding PEAR Park. He explained that the project goes back to the Lake County Soil and Water Conservation District. He stated that the work on County Road 48, near Hollondel Road, is looking good.
Mr. Edward Meixsell addressed the Board regarding a request to divide his property (Lot 10, Phase 1) in the Christopher C. Ford Commerce Park. He showed a drawing (a copy is included in the backup material) and stated that he owns 20 acres and a 42,000 square foot building. He stated that a lot of parcels in the park are less than five acres and the 30-acre property next to his was zoned six to eight months ago for one-acre zoning.
In response to Commr. Cadwell’s questions, Mr. Meixsell agreed that he did appear before the IDA (Industrial Development Authority) and that they did not recommend splitting his lot. Mr. Meixsell stated that the IDA indicated that they only want five acre parcels in the Park. He stated that a company wanted to take his building if they could split it off. He stated that Mr. Greg Mihalic, Tourism and Business Relations Director, indicated that he would recommend it. He stated that he has another interested party who has more need for two to three acres than five acres but the IDA does not want the property to be divided.
Commr. Cadwell pointed out that the Park was built for job creation, not for real estate speculation, and it has worked as that. He suggested that Mr. Mihalic give the Board something in writing for the next meeting that would explain the logic of the IDA’s recommendation.
Commr. Pool stated that he agrees with Commr. Cadwell. He explained that it is up to this Board to decide the best way to create those jobs and what type of parcel splits might help. He thinks the IDA was adamant, with the exception of one member, that it is kept in context and in content with the acreages there. He thinks staff should review Mr. Meixsell’s request with the IDA’s request and make some recommendation to this Board. He stated that it is not fair to make a decision today without IDA’s presence. He stated that Mr. Meixsell made some valid points but the key is to try to get to the bottom of what is best as the Park is closed out.
Mr. Meixsell stated that he thinks one member sways the IDA. He asked why he is being discriminated against if the Park has other parcels that are not five acres. He stated that he wants 2.5 acre parcels.
In response to Commr. Cadwell’s questions, Mr. Meixsell confirmed that he bought a 20-acre parcel. Mr. Meixsell stated that the only rules in the covenant say you have to have the consent of the County to divide it and to file a map. He stated that he wants eight parcels at the most.
Commr. Hanson suggested bringing that back and that the County Manager can coordinate with Mr. Mihalic and with Ms. Dottie Keedy, Director of Economic Growth and Redevelopment.
Commr. Pool asked for a recommendation based on facts. He stated that the Board needs to hear why and when other lots were split.
Mr. Meixsell stated that Lot 1 has been split at least two times. He stated that there are two 2.5 acre parcels at the beginning of the Park. He stated that he did not expect a decision today and he only wants to see if everyone is for or against it. He stated that he probably lost an automotive distribution company because they do not want five acres.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK