A
REGULAR MEETING OF THE BOARD OF
OCTOBER
17, 2006
The Lake County Board of
INVOCATION AND PLEDGE
Mr.
Ken Harley, Public Transportation Manager, Department of Community Service,
gave the Invocation and led the Pledge of Allegiance.
SALES
SURTAX COMMITTEE REPORT
Mr.
Bob Speaks, City of Tavares Councilman, addressed the Board regarding the Sales
Surtax Revenue and Expenditure Summary Report.
Mr. Speaks first gave a brief introduction of the inception of the
extension of the one-cent sales surtax for a second 15-year term on November 6,
2001. He stated that Ordinance No.
2001-130 established the Sales Surtax Oversight Advisory Committee to review
the expenditures and provide a semi-annual report to the Board, the School
Board, and the municipalities. A report
was given out showing the details of the expenditures, by category and local
governments that were benefiting; as well as the minutes of the committee’s
meeting.
Commr.
Hanson commented that she appreciated the work of the committee to make sure
the tax dollars are spent the way they were intended.
On
a motion by Commr. Pool, seconded by Commr. Hill, and carried unanimously by a
vote of 4-0, the Board approved to recognize the Sales Surtax Oversight
Advisory Committee’s report and their next meeting on March 12, 2007.
AGENDA
UPDATE
The
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by
a vote of 4-0, the Board approved to add said item to the agenda.
MINUTES
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by
a vote of 4-0, the Board approved the Minutes of August 1, 2006 (Regular
Meeting), as presented.
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved the Minutes of August 15, 2006 (Regular
Meeting), as presented.
On
a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a
vote of 4-0, the Board approved the Minutes of August 28, 2006 (Special Joint
Meeting – City of Mount Dora), as presented.
On
a motion by Commr. Cadwell, seconded by Commr. Hill, and carried unanimously by
a vote of 4-0, the Board approved the Minutes of September 12, 2006 (Regular
Meeting), as presented.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2,
Items 1 through 8, as follows:
List
of Warrants
Request to acknowledge receipt of list of warrants
paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida
Statutes, which shall be incorporated into the Minutes as attached Exhibit A
and filed in the Board Support Division of the Clerk's Office.
Deer Island Community Development
District Meeting Schedule for Fiscal Year 2007
Request to acknowledge receipt of
Deer Island Community Development District Meeting Schedule for Fiscal Year
2007, in accordance with Chapter 189, Florida Statutes. The Board of Supervisors of the Deer Island
Community Development District will hold their meetings for Fiscal Year 2007,
at 7:00 p.m., at the Clubhouse,
November
13, 2006 (Landowners)
February
26, 2007
May
21, 2007 (Third Monday)
August 27, 2007
Country Club of Mt. Dora Community
Development District Meeting Dates for Fiscal Year 2007
Request to acknowledge receipt of
Country Club of Mount Dora Community Development District Meeting Dates for
Fiscal Year 2007, in accordance with Chapter 189, Florida Statutes. The Board of Supervisors of the Country Club
of Mount Dora Community Development District will hold their meetings for
Fiscal Year 2007, at 8:30 a.m., at the Country Club of Mount Dora Community
Center,
November
9, 2006
February
8, 2007
May
10, 2007
August 9, 2007
Request
to acknowledge receipt of Notice of Commission Hearing and Prehearing
Conference to All Investor-Owned Electric and Gas Utilities and All Other
Interested Persons before the Florida Public Service Commission:
Docket
No. 060001-EI – Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor.
Docket No. 060002-EG – Energy Conservation Cost
Recovery Clause0.1
Docket
No. 060003-GU – Purchased Gas Adjustment (PGA) True-Up.
Docket
No. 060004-GU – Natural Gas Conservation Cost Recovery.
Docket
No. 060007-EI – Environmental Cost Recovery Clause.
Notice is hereby given that the
Florida Public Service Commission will hold a public hearing in the above
dockets at the following time and place: 9:30 a.m. (EST), November 6, 7, and 8,
2006, Betty Easley Conference Center, Room 148, 4075 Esplanade Way,
Tallahassee, Florida
Arlington Ridge Community Development
District Meeting Schedule for Fiscal Year 2007
Request
to acknowledge receipt of Arlington Ridge Community Development District Meeting
Schedule for Fiscal Year 2007, in accordance with Chapter 189, Florida
Statutes.
The Board of Supervisors of Arlington
Ridge Community Development District will hold their meetings for Fiscal Year
2007 at the
November 21, 2006
January 16, 2007
March 20, 2007
June 19, 2007
July 17, 2007 (Budget Workshop)
August 21, 2007 (Budget Hearing)
Community Redevelopment Area Document
from City of
Request to acknowledge receipt of
Community Redevelopment Area (CRA) document from the City of Fruitland Park,
which was approved at the Planning and Zoning Committee Meeting on September 7,
2006, and at the City Commission Meeting on September 14, 2006.
St Johns River Water Management
District Budget for Fiscal Year 2006/2007
Request to acknowledge receipt of
Fiscal Year 2006/2007 Budget for St. Johns River Water Management District, as
adopted by their Governing Board on Tuesday, September 26, 2006.
Annexation Ordinance from City of
Request to acknowledge receipt of
Ordinance No. 2006-017, from the City of Fruitland Park, annexing within the
City approximately 14 +/- acres, generally known as the Ezell property, located
north of Spring Lake Road, on the west side of U. S. Highway 441/27. Passed and ordained the 28th day
of September, 2006, by the City Commission of the City of Fruitland Park,
Florida.
On
a motion by Commr. Hill, seconded by Commr. Pool, and carried unanimously by a
vote of 4-0, the Board approved the
County Manager’s Consent Agenda, Tabs 3 through 22, as follows:
Budget
Request
for approval of a budget
transfer of the County Library System Fund, Department of Community Services,
Library Services Division. Transfer $5,300 from Contingency and Cash Carried
Forward to Cooper Memorial Library. Need
to transfer funds to Cooper Memorial Library – Library Materials Not
Inventoried due to an inadvertent omission during the budget process.
Request for approval of Resolution
No. 2006-201 to amend the General Fund in order to receive unanticipated
revenue for Fiscal Year 2006/2007 in the amount of $1,456.00, deposited into
Reimbursements and provides appropriations for the disbursement for Office
Supplies.
Request for approval for payment of
grant dollars for youth recreation. The
request exceeds the
Request for approval from Public
Works (Engineering), Environmental Services (Water Resource Management) and Growth
Management (GIS) for payment for historical aerial scanning and rectification
project per interlocal agreement with Lake County Water Authority. The request exceeds the
Community Services
Request for approval and
authorization for the Chairman to sign the FY 2006/07 CDBG Partnership
Agreement between the Town of Lady Lake and the County in an amount not to
exceed $90,900.00, granting the Town CDBG funds to resurface roads in the April
Hills Subdivision, and to direct the Community Services Department to execute
the agreement and oversee completion of the project covered in the Scope of
Services.
Request for approval of the First
Amendment to the FY 2005/06 Community Enhancement Area Partnership Agreement
between
Request for approval and
authorization for the Chairman to sign the contract between Lake County and the
State Department of Health for operation of the Lake County Health Department
during contract term 10/1/06 through 9/30/07.
Request for approval to continue the
direct pay procedure during FY 2006/07 for the monthly Medicaid Nursing Home
and Hospital bills as well as for the direct pay for the monthly Health Care
Responsibility Act (HCRA) bills received by the Department of Community
Services, effective with the fiscal year beginning October 1, 2006.
Request for approval to authorize the
Chairman to sign the FY 2006/07 CDBG Partnership Agreement between the City of
Tavares and the County in an amount not to exceed $90,900.00, granting the City
of Tavares CDBG funds to acquire property to add parking to the Ingraham Center
and direct the Community Services Department to execute the agreement and
oversee completion of the project covered in the Scope of Services.
Request for approval of the revision
to our 2003/2004 Florida Department of Transportation Section 5310 Capital
Grant.
Economic Growth and Redevelopment
Request for approval of a request and
Agreement for the award of Jobs Growth Investment Trust Funds to Dunkin’ Donuts
Southeast Distribution Center, Inc. in the amount of $84,000.00 for the
creation of forty-two (42) new positions paying at least 115% of the Average Annual
Hourly Wage for
Employee Services
Request for approval to renew the
contract for Property, Liability and Workers’ Compensation claims management services
with Employers Mutual, Inc. (EMI).
Growth Management
Request for approval of a request to
advertise proposed ordinance amending Section 14.11.00 of the Land Development
Regulations to allow Fractional Sections in lots five acres or larger created through
the Minor and Agriculture lot split process.
Procurement Services
Request for approval to (1) declare
the items on the attached lists as surplus to county needs, (2) authorize the
removal of all of the items on the attached lists from the County’s official
fixed asset inventory system records, and (3) authorize the Procurement
Services Director to sign the vehicle titles. The items on the attached lists
have been declared surplus by their respective agencies due to age, wear, and
obsolescence.
Public Works
Request for approval to advertise for
bids for Special Assessment Project No. 101, for
Request for approval of the Real
Estate Purchase and Sales Agreement for Right of Way – C439/C44A Intersection
Project, and authorize the Chairman to sign the Purchase agreement and all
closing documents.
Request for approval to award
Countywide Resurfacing Project No. 2006-08, Bid No. 06-135, to DAB
Constructors, Inc. in the amount of $1,747,042.35 and to encumber and expend
funds in the amount of $1,085,188.35 from Sales Tax Capital Projects, Roads
Fund, and $661,854.00 from the Transportation Trust Fund (LAP).
Request for approval to award
Countywide Drainage II Project No. 2006-09, Bid No. 06-134, to Gibbs and
Register, Inc. in the amount of $1,126,348.00, and to encumber and expend
$1,126,348.00 from the Stormwater Management MSTU funds.
Request for approval for adoption and
execution of Resolution No. 2006-196 facilitating the Supplemental No. 2 Local
Agency Program Agreement for the Reconstruction of CR 561 Paved Shoulders and
Seawall Damage caused by Hurricane Jeanne, and execution of the Supplemental
No. 2 Local Agency Program Agreement with the Florida Department of
Transportation for the Reconstruction of CR 561 Paved Shoulders and Seawall
Damage Caused by Hurricane Jeanne (FDOT FPN 418576-2-58-01 and 418576-2-68-02)
and adoption of the corresponding budget resolution – Commission District 2.
Request for approval to accept the
following listed public right of way deeds that have been secured in
conjunction with roadway and/or storm water projects: Seven Statutory Warranty Deeds, four Quitclaim
deeds, five Drainage Easement deeds, one Temporary Non-Exclusive Construction
Easement Deed & Perpetual Grading Easement, six Temporary Non-Exclusive
Easement Deeds, three Non-Exclusive Easement deeds, one Temporary Non-Exclusive
Construction Easement Deed, and Perpetual Wall and Grading Easement.
Request for approval and signature of
Resolution No. 2006-197 to advertise Public Hearing for Vacation Petition No.
1097, Robert A. Hitchcock, to vacate a portion of the right of way, located in
the first addition to the Town of
Request for approval and signature of
Resolution No. 2006-198 to advertise Public Hearing for Vacation Petition No.
1096, Larry F. Sherer – Rep. Leslie Campione, to vacate a portion of Havre
Street, in the Plat of Mt. Plymouth – Commission District 4.
Request for approval and signature of
Resolution 2006-199 to advertise Public Hearing for Vacation Petition No. 1098,
Avery C. Robert – Rep. Steven J. Richey, PA, to vacate a portion of an access,
utility and drainage easement in the Umatilla area – Commission District 5.
On a motion by Commr. Cadwell,
seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board
approved the County Attorney’s Consent Agenda as follows: the request for approval of the agreement
between Lake-Sumter Metropolitan Planning Organization (MPO) and Lake County
and a request from the County Attorney for approval of renewal of a lease
agreement for the Sheriff’s Office located at 902 Avenida Central, The
Villages, was pulled. This item will be
brought back to the Board at a later date.
PRESENTATION
UPDATE ON PROGRESS OF JOINT USE
LIBRARY PROJECT
Ms. Wendy Breeden, Library Services
Director, gave a brief power point presentation about the progress of the
joint-use library at the
Commr. Pool suggested that she should
try to seek additional funding. Ms.
Breeden responded by saying that they are lobbying for federal funds. Commr. Pool also commented that he is excited
about this project, and that many people have commented that
Commr. Hanson stated that she
appreciates the work that they have done.
PRESENTATION
AND DESIGN OF
Mr.
Kent Black, the Project Manager for the Hartwood Marsh Road Project Development
And Environment (PD&E) Study, gave a power point presentation on this
project. He showed a project location
map which showed the location of
Commr.
Pool commented that he appreciates Mr. Black, their staff, and everyone that
participated. It was quite a process,
and people were concerned. He opined
that Mr. Black’s pictures gave a good indication of where and how this project
could go. He thought the process went
well.
Commr.
Hanson opened the public comment session.
Mr.
Narendran Ramachandran stated that he was a resident that was close to the road
and the cul-de-sac on
Mr.
Dennis Sheck stated that he was a resident of
Commr.
Pool stated that there were numerous public meetings which were advertised, and
80 people turned out at one meeting. He
went on to say that there was no way they could align this road, as complicated
as it is, to make everyone happy, but that everyone worked hard to come up with
a solution that would minimize the impact.
This would give a reliever to get on to a different north-south
connector if Hartwood Marsh or Highway 50 was in a jam. He also states that he thinks the safety of
the
Ms.
Carol Hallebrandt stated that she lives in Johns Lake Estates. She wanted the Board to know that she echoes
the thoughts of a previous speaker that there could have been other
alternatives. She stated that residents
in her area were not informed by the Home Owners’ Association that this was
going to happen or asked their opinion until the public meetings came up. She thinks it is fine that
Ms.
Leslie Campione, Attorney, addressed the Board on behalf of Rinker Materials,
to express their support of the alignment 2AA on the Southern area. This would bisect the Rinker Property, and
have less of a negative impact on their property, as it kept the road further
away from the lake area. She stated that
there are typographic features of the property that they were looking at from
the standpoint of site-development costs and their ability to assist in some of
the work associated with the road alignment.
Mr.
Martin Shafer, President of Johns Lake Homeowners’ Association, addressed the
Board, thanking the Board for their hard work in this effort, especially Commr.
Pool, who attended one of their meetings to help guide their community and let
them know what his stand was on this project.
He thanked Keith Black and HNTB for being supportive and willing to meet
with their association to express and work out their concerns. He opined that the alternatives that have
been provided are the best for all the communities and impacts the fewest
amount of people. He also agrees that
there should be a wall included in the design phase along the backside to
mitigate some of the noise and maybe some vegetation for a visual barrier. He believes that if it stayed a two-lane
road, people would still use it and make it worse.
Mr.
James Burkes, whose irrigation business is in that area, addressed the Board,
expressing his concern about alternative 2G, which dissects an 85 acre lot that
they own. They are concerned about the
lack of contact with them. They were
thinking of developing the rear section in an industrial park and have plans on
file with the Walling Engineering firm for that. They encourage HNTB to consult with them as
much as possible as to how it will impact them from this point on. They would like to see positive growth in
Commr.
Pool suggested that the alignment could possibly be somewhat shifted north or
south to accommodate their company. Mr.
Burkes stated that that was why they wanted to voice their concerns at this
point and work more closely with HNTB, and make this a win-win situation for
everyone.
Commr.
Hanson commented that part of the proposal concerning the western side of Johns
Lake Estates should include looking at the possibility of sound and visual
barriers.
Mr.
Black stated that HNTB holds additional meetings during the design process to
update people and work out issues such as corridor alignment.
Mr.
Pool stated that two of the issues brought up by citizens that are important
are that sound barriers are taken into consideration and whether or not to
build a four-lane road right away or to widen it later. Mr. Black responded that the traffic
evaluation they did showed a need for four lanes, and that the construction
will not begin for about five years, at which time traffic will necessitate the
need for the four lane road, but if the Board desires or if funding deems it
necessary, they can build a two lane road and widen it later.
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a 4-0 vote, the Board approved the preferred alignment of 2G (
PRESENTATION
TRANSIT OPERATIONS PLAN (TOP)
Mr.
Kenneth Harley, Public Transportation Manager, Department of Community
Services, addressed the Board to present the Transit Operations Plan (TOP) by
Tindale-Oliver and Associates, Inc., which it has been working on since
January. He stated that this plan has
already been presented at the MPO meeting on September 27, 2006, and that the
Lake-Sumter Metropolitan Planning Organization (MPO) made an endorsement that
the Board adopt the TOP. He went on to
explain that this TOP essentially implements the Transit Development Plan that
was adopted by the Board last year. The
plan outlines the operation standards for the fixed-route transportation that
they are anticipating starting in February of next year. Five buses (transit vehicles) have already
been ordered, which were funded in part by the Federal Transit Administration ,
using cold revenue credits, so that the Board would not have to expend any
additional dollars to pay for that capital equipment. Mr. Harley stated that the project has been
getting community-wide support from all the governmental agencies that are part
of the urbanized areas of the county.
Also, they have gotten many calls from residents who are interested in
fixed-route transportation and looking forward to the date that it would start. He introduced Joel Ray, the project manager
from Tindale-Oliver to present a power-point presentation for the Board’s
adoption of the TOP.
Mr.
Joel Ray, Senior Project Manager from Tindale-Oliver, addressed the Board,
stating that he would explain briefly the presentation that has been given to
the Transportation Advisory Committee (TAC), Citizens’ Advisory Committee
(CAC), and the Lake-Sumter Metropolitan Planning Organization (MPO), telling a
little of the operations plan, its purpose, and what they are projecting would
be operating early next year. He stated
that the planning of the TOP has actually been going on before January of 2006,
with the development of the Transit Development Plan (TDP) of 2005. Some of the issues that have been studied are
where it should operate, what the route should look like, when it should
operate, the fare that should be charged, how many employees will be needed to
operate it, and the capital needs for it.
Route 1 shown on the map runs from the Villages, down Highway 27, across
Highway 441, into Tavares, and then into Eustis, which has a round trip total
running time of about four hours. Four buses will be on that route to give
one-hour headways. He explained that
Route 2 is a Leesburg circulator, which serves
As
far as fare policy, Mr. Ray explained that nationally most transit agencies are
operating with a base cash fare of about one dollar, including ones in Florida
that have started in the last few years.
They recommend starting with a dollar base fare and a reduced fare of
fifty cents for senior citizens and students.
There will also be several pass options for those who make multiple use
of the system, as well as an
Mr.
Ray stated that they were going to get buses that were heavy duty with a longer
life cycle than a light or medium duty one.
He proposed that the service initially operate on a flag route basis,
with no bus stop signs or benches except at the main stops such as malls and
medical centers, and with the bus stopping for someone who flags the bus down
along the route. This will help the
system better gauge where infrastructure will be needed in these
locations. Public input indicated that
the flag stops were well accepted and gave them some idea of where
infrastructure of shelters and benches should go. Public input was also very positive about the
transit system in general and helped to guide some decisions that were made
regarding the routes and pass options.
He presented some slides showing what the costs of the system would be
over the next five years, including vehicles, marketing, and infrastructure,
which would be about $1.8 million - $2.6 million a year over the next five
years. He assured the Board that it is
not going to cost them anything locally, because the money is coming from state
and federal sources as well as current local dollars that are serving some of
the transportation disadvantaged and other transportation needs.
Commr.
Hanson wanted to know if we were coordinating with Mid-Florida Community
Services as far as an offset to the costs, especially with the aging. Mr. Ray answered that they are currently
providing transportation for them, but if they use fixed route service, it
would benefit the system. He felt that
if it was available, the transportation disadvantaged would use the fixed route
service.
Commr.
Pool commented that this system would serve a lot of
Commr.
Pool suggested that maybe there can be a bus once a week that runs to Umatilla
and back to the shopping centers, to see if there is ridership. He stated that if there is not any interest,
maybe they do not need to go forward with that.
Mr. Ray stated that there might be implementation that could be done in
the rural areas for a couple of times a day for two or three days a week or
less, that cuts down on cost and would gauge demand as Commr. Pool suggested.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved the Lake County Transit Operations Plan.
RECESS
AND REASSEMBLY
At
10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
PRESENTATION
SCHEMATIC DESIGN AND INTERIM COST ESTIMATES FOR
JUDICIAL
CENTER EXPANSION, JAIL UPGRADES, PARKING GARAGE, AND
TAX
COLLECTOR/PROPERTY APPRAISER BUILDING
Mr.
Jim Bannon, Facilities Development and Management Director, addressed the Board
regarding the Judicial Center expansion, jail upgrades, parking garage, and Tax
Collector and Property Appraiser building.
He stated that he has contracted with his architects for design
development, construction documents and construction administration of only the
320 West Main Street building and the parking garage, so they will be coming
back to the Board subject to approval for an amendment to their contract to
move forward with that portion of the work.
They have only committed themselves to preconstruction services with
Centex Construction, and when they have a maximum guaranteed price from Centex,
they will execute an amendment to their contract to move forward. They will be requesting approval from the
Board to move forward with design development and construction documents. He stated that these are very early numbers,
and this is one of a number of times they will be coming back to the Board
updating projected costs of the project.
Mr.
Douglas Kleppin, Executive Associate, HLM Design, gave a power point
presentation, showing what the buildings are proposed to look like. He stated that the
Mr. Mike Ryan, Vice President of
Centex, Criminal Justice Division, introduced some of his staff members: Mr.
Jim Wright, Director of Operations, Mr. Warren McCraw, Chief Estimator, and
Sofield Ranna, Preconstruction Manager.
He explained that it takes 2 ½ years to design a project of this magnitude
on paper, and that he is about a year into the project. They solicited bids from subcontractors for
the parkings garage and office buildings projects. The subcontractors bid high enough to account
for the increase in prices, since the project would not start until 2008. The total budget costs that Centex projects
for the project are high enough to take into consideration the inflation that
would take place by the time that the projects are built, and that the costs
should be less than projected. He showed
figures stating that the subtotal cost of all the projects would be
$146,481,191 in today’s dollars for construction hard costs. He estimates that “soft costs” such as impact
fees, permits, design fees, furniture, and equipment would be an additional
$27,718,638, making the project subtotal be $174,179,829 in today’s
dollars. He went on to state that there
are other costs which would have to be added to take future costs into
consideration, and that the industry has experienced tremendous increases in
prices of things such as concrete, steel, cement, and copper. Mr. Ryan clarified to the Board that they
were not asking the Board to approve the cost numbers right now, but is just
giving the Board a status report of where the project is right now, and is only
asking the Board to consider moving forward with the documents. He expressed to the Board that he thought
this project was a huge undertaking for the County.
Commr. Cadwell commented that the
money the County has spent so far and the direction they are going is what they
knew they needed to do, and if they move forward with the construction
documents, it is going to let them make a decision down the road that they are
going to have to make as to what they can and cannot do. He opined that the value will not be lost if
they decide to do something at a later date, so he would encourage the Board to
continue to move forward with this project, even if the numbers at this point
look overwhelming, since they are probably not the real numbers, and the only
way to know that is to move forward with the documents.
Commr. Pool commented that he agrees
with Commr. Cadwell, and that these construction documents are what they really
have to have to know where they really are.
He opined that the figures given were exaggerated so that Centex does
not have to come back to them with a larger figure than was estimated, and that
this figure is the highest it could be based on what Mr. Ryan’s market analysis
is. He stated that they have to have
construction documents to go forward, that they must build, and then they will
see where they stand with their dollars and what they can afford. He also commented that he appreciated Mr.
Ryan’s presentation. He opined that it
was not a rosy picture, but one they have to be prepared for.
Commr. Hill thanked Centex and HLM,
and stated that the process has moved along smoothly, and she appreciates the
work of Mr. Bannon. She asked whether
the Board needs to make some decisions as to the future expansion or whether to
obtain the Leed Certification before they move the documents forward.
Ms. Cindy Hall,
Commr. Pool asked if the Board can
put in the construction documents that they can bid it both ways, and whether
they can design the building in the event they want to go with
Mr. Ryan responded by stating that
that could not be done easily. He also
stated that he could not guarantee that construction would be five million
dollars less without the Silver Leeds Certification, and there is Leeds
Certification that is less than the Silver.
Commr. Pool stated that the Leeds
Certification would only be worthwhile if they saved enough money over time by
having it to be a benefit. If they could
not benefit by saving money, it might not be worth obtaining.
Mr. Ryan responded by stating that he
owed the Board some life-cycle cost analysis of the system they would be
proposing, and there would be a number of presentations to follow that would
require incremental decisions, mostly working with staff, but they have a lot
more decisions to make in the future.
Commr. Cadwell opined that if Centex
is engineering an energy efficient building anyway, then the building would be
close to that Leed Certification, and that the Board should just give Centex
direction to do everything they can to at least get the Certification, if not
the Silver.
Commr. Hanson commented that she
thinks they should move forward and not make that determination at this point,
especially since there is no way to determine if there will be a significant
difference of the cost of going from the regular Certification to the Silver,
at this time. She also asked whether
there will be a difference between recycling the products or taking them to the
landfill.
Mr. Ryan answered that in order to
recycle the construction materials, they would have to lease a piece of
property, take all the construction debris there, and have sorters to sort it
into different bins. He also commented
that having
Commr. Hill stated that the issue
that the Board needs to discuss before doing the motion is the expansion
strategies.
Mr. Ryan explained that they have
multiple strategies that are build in, such as the base level. There is a programming horizon that gives
anywhere from 15-20 year projection space.
Secondly, they have within the building about 15,000 unencumbered for
growth. Then, there is the ability to
expand on the existing site. All that is
part of what they are considering to be the base building. The decisions are whether the Board would
elect to add a floor or add half a floor; and that they could elect to do just
the north wing, just the east wing, or to do both. The north wing would cost 4.2 million, and
the east wing would cost about 6 or 7 million.
Commr. Cadwell asked what the users
of the courthouse would want, as far as additional courtrooms or additional
administrative staff, if they had to pick one or the other.
Commr. Hill stated that the users
were concerned about future expansion.
In order for another floor to be added to the building, the base of the
building would have to be changed to accommodate that floor for the future, so
what they need to know is if they plan to go up another floor in the future at
that existing building. If they want to
add on to the building on that campus, then they would not have to change the
base of the building.
Mr. Bannon asked the Board if they
want to add the additional ten million dollars to the projected cost of the
project now with that space shelled out, or do they want to defer that, and
expand going east or north abutting to the future buildings, but that they need
a decision of whether the Board wants the architects to design for the shelled
spaces going vertically.
Commr. Cadwell stated that he doesn’t
think they should add additional floors, and that later additions can go north
or east.
Commr. Pool opined that he agreed to
not have the option of additional floors, and that they are leaving themselves
the option of going horizontal.
On a motion by Commr.Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved
for staff to move forward with the documentation and to fine tune the numbers.
ADDENDUM NO. 1
PUBLIC HEARING
ORDINANCE PROHIBITING ALL-TERRAIN VEHICLES (ATV’S)
FROM
OPERATING ON UNPAVED ROADS
Mr. Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF
COUNTY,
ENTITLED ALL TERRAIN VEHICLE (ATV) OPERATION ON UNPAVED
ROADWAYS, PROVIDING FOR THE INAPPLICABILITY OF SECTION
316.2123,
CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Minkoff went on to explain that
the impact of this Ordinance would be to exempt
Commr. Hanson commented to Mr.
Minkoff that she understands that the Ordinance doesn’t change anything other than
that language, and if it is not a county-maintained road, they don’t have any
other jurisdiction over it.
Commr. Cadwell asked Mr. Minkoff how
it would affect maintenance of roads that were
Mr. Minkoff answered that there is
currently a Statute that prohibits operation of ATV’s on roadways, and it
doesn’t impact maintenance in that Statute, so that Statute would remain in
effect.
The Chairman opened the public
hearing.
No one was present in opposition to
the request.
There being no one present who wished
to address the Board, the Chairman closed the public hearing.
Commr. Pool stated that the Sheriff
asked for this, and the citizens have come forward asking for this, so it was a
concern the Board had.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved
Ordinance No. 2006-105, prohibiting all terrain vehicles (ATV’s) from operating
on unpaved roads, as presented.
REPORTS
WAIVER OF CONTINGENCIES IN PURCHASE AND
BETWEEN
COUNTY AND TUCKER NURSERY, INC.
Mr. Sandy Minkoff,
Commr. Hanson asked Mr. Minkoff what
the anticipated closing date would be, assuming the zoning would be
approved. Mr. Minkoff responded that the
contract calls for closing just before Thanksgiving, sometime during the week
of November 20, 2006.
Commr. Hanson commented that she had
no problem with these contingencies based on the
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board
approved waiving the contingency fees and moving forward with the purchase and
closing documents of the Tucker Nursery and TBM Premium Finance properties.
REPORTS - COMMISSIONER HANSON –
CHAIRMAN AND DISTRICT 4
NATIONAL COMMUNITY PLANNING MONTH IN
PROCLAMATION
Commr. Hanson stated that Ms. Carol
Stricklin, Director of Growth Management, brought forth for approval and
execution Proclamation No. 2006-195,
declaring October 2006, as National Community Planning Month in Lake County,
and she appreciates Ms. Stricklin bringing that issue forward.
Commr. Pool commented that Ms.
Stricklin was appointed Vice President of Professional Development for the
State chapter.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved
Proclamation No. 2006-195, declaring October 2006, as National Community
Planning Month in
PUBLIC SAFETY
CONSTRUCTION OF FIRE STATION IN PAISLEY/LAKE
KATHRYN/LAKE
MACK AREA
Mr. Gary Kaiser, Public Safety
Director/Fire Chief, addressed the Board, with discussion
of a fire station site to serve the
communities of
Commr. Hanson asked Mr. Kaiser if he
considered the potential improvements and paving of Lake Mack Road and Maggie Jones
Road in the Pine Lakes area in the future in these studies. Mr. Kaiser responded that he has taken that
into account, and on any type of trauma call or fire call, they always send
multiple units, so units would be coming from all of those stations as a matter
of policy.
Commr. Pool asked Mr. Kaiser if 50
miles per hour is a good number to use to figure response times. Mr. Kaiser responded that when they tested
it, it was a little higher than that, and that they have a 55 mile per hour
model, since the time is good on the highway.
Commr. Cadwell commented that he
received an e-mail regarding the Nature Conservancy, because at one time the
Board was looking at a piece of property that was in what is considered the
Wekiva-Ocala Corridor, but that this was not that piece of property. He also commented that this has been going on
for a long time, and he has met with Mr.Kaiser many times over the process, and
that he appreciates the staff’s work in looking at it purely from a
professional time and distance analysis.
He commented that the County should look at historically what has
happened and what is going to happen out there.
He stated that he did not picture any type of growth happening outside
of the historical Paisley area. He
opined that since we already own the property and that the school is across the
street from it, the fire station should be built on the site of the existing
station. He stated that he has already
spoke to the Community Association about giving the County the additional
property the County will need to make sure there is enough property to build
the new fire station, and that they have agreed to do that. He also stated that after about a year and a
half of researching this issue, it is time to make a decision. He recommended to the Board that they build
the proposed fire station at the existing site, tear down the building, and
build a new fire station where it has historically always been.
Commr. Pool stated that the numbers
are there, we now own the existing site, and that it was picked for a reason
many years ago. He commented that the
existing site is one that could be reutilized and refurbished potentially, or
gutted entirely, perhaps using the foundation.
Mr. Kaiser commented that years ago,
when the County had a flourishing volunteer force, there were also volunteer
fire stations in
Commr. Cadwell commented that his
main argument was regarding future growth and the fact that the school is
there. He stated that it will be an
advanced life support station at some point, with Sheriff’s substation and
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board
approved the motion to move ahead with the current site of the Paisley Fire
Department.
COMMUNITY SERVICES
FY 2006/07 COMMUNITY ENHANCEMENT AREA
PARTNERSHIP AGREEMENT
Mr. Fletcher Smith, Community
Services Director, addressed the Board, stating that in July, 2006, the Board
identified
Mr. Fred Cramer, representing Friends
of Ferndale, commented that he hopes the Board votes in a positive way on this,
and that this was their second application for this grant. He also stated that they have learned a lot
through the first process and learned a lot about their community working
through this process, and that he believes it is an excellent opportunity for
rural communities to pursue some of their dreams and try to re-bond the
residents of their communities, and he thanked the Board for this opportunity.
Commr. Hanson commented that, as he
has said, they have made their community better through the process. She also stated that she also wanted to thank
Mr. Bill Gearing for his effort.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved and
authorized the Chairman to sign the Fiscal Year 2006/07 Community Enhancement
Area Partnership Agreement between the County and the Friends of Ferndale in an
amount not to exceed $50,000, allocating Community Development Block Grant
Funds to construct two ADA compliant restrooms and replace the water well and
septic system needed for these restrooms at the Ferndale Community Center.
COMMISSIONERS
At this time, Commr. Hanson turned
the Chairmanship over to the Vice Chairman, Commr. Cadwell, and left the meeting,
due to another commitment.
EMPLOYEE SERVICES
PAY AND CLASSIFICATION PLAN
Ms.
Sharon Wall, Director of Employee Services, thanked the Board for recognizing
that they need a competitive pay plan to keep their good employees and attract,
retain, and motivate them and to have the foresight to put the funds in the
budget. Last time they did a Pay and
Classification Study was in October of 2000.
She stated that a management advisory group came in and had employees
fill out job analysis questionnaires and did market survey. She opined that they came back with a very
good plan. She requested that the Board
approve the Pay and Classification Plan for employees under the Board of County
Commissioners not covered by a contract or collective bargaining agreement. She is pleased that they came in at slightly
less than the budgeted amount, and that it will be a good plan for the
employees. She also commented that this agreement will shrink ranges from 80
percent to 60 percent and result in title consolidation on positions to make it
easier to administer. The Pay Plan will
be retroactive to October 1, 2006. She
stated that they will be distributing information October 18, 2006, at the
Commr. Cadwell asked Ms. Wall if
there will be an avenue for employees that may have a concern or do not
understand this agreement. Ms. Wall
stated that there will be an appeal process for employees who feel that their
position has been evaluated in an incorrect grade, but they will not be able to
specifically appeal the amount of money they receive. She stated that they will be getting
information out on that through the consultants.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved
the Pay and Classification Plan, as presented.
PUBLIC WORKS
LOCAL AGENCY PROGRAM AGREEMENT FOR LAKE COUNTY TRAILS
MASTER PLAN RESOLUTION
Mr. Fred Schneider, Director of
Engineering, Public Works Department, stated that this is a request to approve
the Local Agency Program Agreement with the Department of Transportation
(DOT). The DOT is providing $60,000
toward the project, and the other $65,000 is from the Board out of the sales
tax fund.
Commr. Pool commented that these things
will go a long way in helping our trail program and making it a stellar
program, and that he appreciates the hard work staff puts forward.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a 3-0 vote, the Board approved
Resolution No. 2006-200, with regard to the Local Agency Program Agreement for
Lake County Trails Master Plan, FPN 413994-128-0.
PUBLIC HEARING
ORDINANCE AMENDING CHAPTER 16, LAKE
PARKS AND RECREATION ADVISORY BOARD
Mr. Sandy Minkoff,
AN
ORDINANCE OF THE BOARD OF
COUNTY,
CODE,
ENTITLED PARKS AND RECREATION ADVISORY BOARD; PROVIDING
FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff commented
that this was merely a name change to include the reference to trails.
The Vice Chairman opened
the public hearing.
No one was present in
opposition to the request.
There being no one
present who wished to address the Board, the Vice Chairman closed the public
hearing.
On a motion by Commr. Pool,
seconded by Commr. Hill and carried unanimously, by a
3-0 vote, the Board approved Ordinance No. 2006-106, amending Article II,
Chapter 16, of the Lake County Code, entitled Parks and Recreation Advisory
Board, as presented.
WAIVER OF CENTRAL POTABLE WATER
SERVICE REQUIREMENT FOR
Mr. Wayne Bennett,
Planning Director, Growth Management, presented the request to the Board for
approval of a waiver of provisions in the Land Development Regulations and the
Comprehensive Plan related to the Garrett Place Subdivision. He stated that the property owners are
requesting waiver of the central potable water service requirement within the
Urban Expansion Future Land Use category as outlined in the Land Development
Regulation, Section 612 and Comprehensive Plan, Policies 116A and 116B. This item has been previously reviewed by the
Board, and additional analysis and information was provided. This is a nine-lot subdivision, approximately
6 ½ acres in size, and the property owners were requesting the ability to place
wells on each of the nine lots. It was
recommended by his department that the Board approves the request, because the
subdivision is surrounded on three sides by the Wedgewood PUD, but they have
declined to offer the service to this particular project. Also, the City of
The Vice Chairman opened
the public hearing.
Ms. Leslie Campione
addressed the Board, pointing out that the subdivision consisted of ten lots,
which would be nine lots shown currently on the preliminary plat and the tenth
lot for a location of a community well.
She reiterated that
Commr. Hill commented to
Ms. Campione that if they were to do one per acre, they might not need the
waiver for the water and sewer. Ms.
Campione responded that she did not think that was correct, because in the
Urban Expansion Land Use, there is a requirement for it even if they went one
to an acre.
There being no further
individuals who wished to address the Board, the Vice Chairman closed the
public hearing.
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved the waiver of the central potable water service requirement in
the Urban Expansion Future Land Use category for Garrett Place Subdivision.
OTHER BUSINESS
REMOVAL OF SOLID
WASTE ADVISORY COMMITTEE MEMBER
Commr. Cadwell asked if
the reason Mr. Glenn Irby is being removed from this Committee is because he is
not eligible under the category he was appointed for.
Commr. Hill responded
that he has missed a number of meetings, and that she believes that would be
the reason.
Commr. Pool also
commented that Mr. Irby has a new job and has been busy, but that he has helped
in many areas, has been a great asset to all the different departments, and had
been an active member.
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved the removal of Mr. Glenn Irby from the Solid Waste Advisory
Committee and declared the seat vacant.
REPORTS -
REQUEST TO ADD CLOSED
SESSION TO AGENDA OF OCTOBER 24, 2006
Mr. Sandy Minkoff,
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved to place said item on the Agenda.
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved the
UPDATE ON EMINENT
DOMAIN CASES IN DOWNTOWN TAVARES
Mr. Sandy Minkoff,
Commr. Cadwell asked Mr.
Minkoff if the eminent domain action would cause any ill will with Mr. Belton
in their negotiations. He responded that
he has not talked to Mr. Belton’s counsel personally, but the outside attorney
has told him that he has discussed it with Mr. Belton’s lawyer, and that they
are aware of what they are doing and why they are doing it, and it is not
intended for ill will and not a signal that the County is not planning on going
through with the swap. He stated that he
is still working through, with the
On a motion by Commr.
Hill, seconded by Commr. Pool, and carried unanimously by a vote of 3-0, the
Board approved the County Attorney’s request for Resolution No. 2006-203
authorizing eminent domain on the Belton pieces and authorizing him to sign the
contracts with property owners who wish to sell to them for the appraised price
plus ten percent.
REPORTS -
CONSTRUCTION OF
HEALTH CENTERS
Ms. Cindy Hall,
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved the
REPORTS –
COMMISSIONER CADWELL – DISTRICT 5
FUNERAL OF SHERIFF
DANIELS
Commr. Cadwell suggested
to the
Commr. Cadwell suggested
that they put signs up stating that due to the funeral, the County offices will
be open, but service may be slower due to being short staffed, so people that
are coming in know what is going on.
REPORTS –
COMMISSIONER HILL - DISTRICT 1
COURSE FOR NEW
COMMISSIONERS
Commr. Hill stated that
when she was elected in 2000, the previous Board offered to pay for the new
Commissioners’ introduction course, and she wanted to know if this was a
budgeted item or if the Board needed to vote to budget that for the new
Commissioners coming in to be able to attend that induction course that the
State provides. The
REPORTS -
COMMISSIONER CADWELL - DISTRICT 5
CONVEYANCE OF
Commr. Cadwell addressed
the Board stating that years ago the County had leased the property of the old
clay pit to the American Legion in
Commr. Pool commented
that he has no problem and thinks it is a good idea.
On a motion by Commr.
Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the
Board approved to let the
CITIZEN QUESTION AND
COMMENT PERIOD
Ms. Leigh Ann Pippin,
with Beard Pippin Properties, Inc., addressed the Board and stated that her
firm is in the process of a new development in Umatilla that has already been
approved and is in the development process.
She stated that they had difficulty with the new Road Name Regulations
for that area in proposing three road names.
She stated that she was advised by Laura Nichols from the
Commr. Cadwell asked Mr.
Sandy Minkoff,
Mr. Minkoff asked Ms.
Pippin why Umatilla refused to let her use those names. She responded that she was told that the City
no longer allows names to be used as roadways, as well as any name that has
ever been used before, so that has caused them difficulty in coming up with
three names.
Mr. Minkoff suggested
that she let him and the
RECESS AND REASSEMBLY
At
11:58 a.m., the Chairman announced that the Board would recess until 5:05 p.m.
PUBLIC HEARING
ORDINANCE
AMENDING THE LDRS TO CREATE CHAPTER V-A, ENTITLED
NECESSARY PUBLIC SERVICES AND FACILITIES
Mr. Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF
COUNTY,
LAND DEVELOPMENT REGULATIONS;
CREATING NEW CHAPTER V-A
ENTITLED NECESSARY PUBLIC SERVICES
AND FACILITIES; CREATING
SECTION 5A.00.00 GENERAL
PROVISIONS AND PURPOSE AND INTENT;
CREATING SECTION 5A.01.01,
ENTITLED REQUIRED EDUCATIONAL
FACILITIES TO BE IN PLACE PRIOR TO
CREATION OF NEW LOTS OR
CREATION OF NEW DWELLING UNITS
THROUGH SITE PLAN APPROVAL;
CREATING SECTION 5A.01.02
APPLICABILITY; AMENDING SECTIONS 14.07.01
SUBDIVISIONS, 14.09.01 SITE PLANS,
14.10.01 MASTER PARK PLANS, AND
14.11.01 MINOR LOT SPLITS;
14.11.02 FAMILY
AGRICULTURAL
CAPACITY EXISTS OR IS PLANNED PRIOR
TO FINAL APPROVAL OF PLATS,
SITE PLANS OR
OR DWELLING UNITS; CREATING
SECTION 1.02.08 SPECIAL VESTING FOR
SUBDIVISIONS, SITE PLANS AND
VESTING PROVISION FOR SUBDIVISION
PLATS WHERE APPLICATIONS FOR
PRELIMINARY PLAT APPROVAL WERE
FILED ON OR BEFORE SEPTEMBER 5,
2006 AND FOR SITE PLANS AND
BEFORE SEPTEMBER 5, 2006;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff commented that there is
one suggested change that he recommends.
He stated that Ms. Cecilia Bonifay, Attorney, Akerman Senterfitt, made
the comment at the first hearing that this section would replace other types of
vesting, and that was not the intent. He
went on to explain that the section for things that have been applied for was
supposed to be an additional vesting, and this clarifies that language.
The Vice Chairman opened the public
hearing.
No one was present in opposition to
the request.
There being no one present who
wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded
by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved
Ordinance No. 2006-107, amending the Lake County Code, Appendix E, Land
Development Regulations; creating new Chapter V-A, entitled Necessary Public
Services and Facilities, with the additional language in Section 1.02.08, as
presented.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 5:13 p.m.
__________________________________
CATHERINE
C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK