REGULAR MEETING OF THE BOARD OF
JUNE 5, 2007
The Lake County Board of
INVOCATION AND PLEDGE
Reverend Paul Guthrie of the North Point Fellowship,
POSTPONEMENT OF IMPACT FEE ORDINANCES
Commr. Hill stated that she would like to move that Tabs 32 and 33 regarding the impact fees, which were scheduled for public hearing today, be postponed. She stated that she had many requests from citizens, homeowners associations, and the Home Builders Association to postpone since this was such a large increase, and there were questions about the study report.
Commr. Cadwell stated that the letter from the Home Builders Association requested 60 days, and asked Commr. Hill if that was what she was recommending.
Commr. Hill replied that she believed this would be adequate so that they could study the report and the Board could address some of their issues.
Commr. Stivender stated that Ms. Jean Kaminski had called her about this and assured her that if it was postponed, it would not change the date when the impact fees would be instituted.
Mr. Sandy Minkoff,
Commr. Cadwell stated that there were two things: (1) the school impact fees should be ready by then, and from a business perspective, it would be better to talk about them all at once. (2) The special session will be over by that time, and they should know much more about how they are going to do business. He mentioned that he would like to have something in writing within 45 days from the Home Builders to give them time to analyze their position. He stated that at this time he would open the public hearing on Tabs 32 and 33, but keep the discussions to the postponement only, and if the postponement failed, they would hold the public hearing later in the meeting when it was planned.
Mr. Jim Bible, President of the Home Builders Association of
Lake County, addressed the Board stating that they were requesting a deferral
of the hearing today. He stated that his
suggestion would be to set it for the first Board meeting in August. He stated that they were requesting the
deferral of both of the items that were before the Board, the Chapter 22
amendment regarding the transportation impact fee and the impact fee ordinance
amending general provisions. He stated
that they just received the final report from Tindale-Oliver on May 21; that
there were changes from the initial report in terms of the fee schedules that
they had discovered, and that they have consultants that are well along in
their analysis of the impact fees. He
stated that it was not their intention to delay getting something adopted, but
he felt that the business community had stopped moving forward with many
projects because they were unsure of the amount they would have to pay for
impact fees. He stated that they were
prepared to send a letter in the next couple of days, identifying the
significant issues, and would like to set up a meeting with County staff next
week to go over issues that they have identified in the assumptions and
methodology of the report, and that they were prepared to offer alternative
methodologies that they believe would help get them to a place where everyone
could be comfortable. He gave an example
of a 300,000 square foot warehouse building in the
Commr. Cadwell asked that Mr. Bible make Ms. Cindy Hall,
Commr. Stivender stated that she agreed that all of the impact fees should come back at the same time, because the school impact fees and the transportation impact fees all work together. She related that she spoke with a representative from Darden who informed her that if the impact fees pass, they will not be coming here and that she received letters from many people, including blue collar workers, who told her how this was going to affect them. She also commented that this affects more than just the Home Builders. She stated that she came into the meeting this morning wanting to deny this proposal.
Commr. Cadwell opened the public hearing and asked if there was anyone that would like to speak against the postponement.
Mr. Bill Calhoun of
Dr. Edward Schlein addressed the Board stating that he
believed that it should not be postponed but that it should just be voted down
today. He said that he had been a
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the postponement for 60 days of Tabs 32 and 33, with the stipulation that if the School Impact Fees are completed, they will be brought back at the same time, and that the Board receive written correspondence from the Home Builders Association within 45 days.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of May 1, 2007 (Regular Meeting) and May 14, 2007 (Special Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda Tab 2, Items 1 thru 12, 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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 2007, in the amount of $186,448.11. Same period last year: $173,459.18.
Increase in Water and Wastewater Rates-Aqua Utilities Florida, Inc.
Request to acknowledge receipt of an
application for increase in water and wastewater rates in Alachua, Brevard,
Highlands, Lake, Lee Marion,
from the Town of
Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:
Ordinance No. 2006-30, Ordinance No. 2006-33, Ordinance No. 2006-36, Ordinance No. 2006-39, Ordinance No. 2006-42, Ordinance No. 2006-45, Ordinance No. 2006-48, Ordinance No. 2006-51, Ordinance No.2006-54, and Ordinance No. 2006-57.
Ordinance No. 2006-31, Ordinance No. 2006-34, Ordinance No. 2006-37, Ordinance No.2006-40, Ordinance No. 2006-43, Ordinance No. 2006-46, Ordinance No. 2006-49, Ordinance No. 2006-52, Ordinance No. 2006-55, Ordinance No. 2006-58 and Ordinance No. 2007-09.
Ordinance No. 2006-32, Ordinance No. 2006-35, Ordinance No. 2006-44, Ordinance No. 2006-47, Ordinance No. 2006-50, Ordinance No. 2006-53, Ordinance No. 2006-56 and Ordinance No. 2007-08.
Increase in Water and Wastewater Rates-Utilities, Inc. of Pennbrooke
Request to acknowledge receipt of Notice before the Public Service Commission
In Re: Application for increase in
water and wastewater rates in
Docket No. 060261-WS
Order No. PSC-07-0386-PCO-WS
Public Hearing from the City of
Notice of Public Hearing from the City of Eustis for the first reading of Ordinance No. 07-06 and Ordinance No. 07-07 on May 17, 2007 at 7:00 p.m. and the second reading on June 7, 2007 at 7:00 p.m., or as may be continued at their discretion, in the City Commission Room, City Hall, 10 North Grove Street, Eustis, Florida for:
Voluntary annexation of an approximate 135.77 acre parcel located on the north side of CR 44, east of CR 44A.
Annexation Ordinances from the City of
Request to acknowledge receipt of Ordinance 2007-008 from the City of Fruitland Park, including within the City approximately 159 acres located east of Rolling Acres Road, south of Lake Ella Road, and west of Taylor Mill Road and rezoning the property from County “A” (Agriculture) and “R-3” (Medium Residential District) to “PUD” (Planned Unit Development).
Ordinance 207-014, including within the City approximately 19.5 acres located east of Shadow Hill Drive at 03216 Eagles Nest Road and rezoning the property from County “A” (Agriculture) to “PUD” (Planned Unit Development).
Proposed budget for the Greater
to acknowledge receipt of proposed budget for the 2007/2008 Fiscal Year for the
Greater Lakes Sawgrass Bay Community Development District. A public hearing to
consider the adoption of this item has been scheduled for August 1, 2007, at
the Marion Baysinger Memorial Library, 756,
Financial Audit of
Request to acknowledge receipt of the financial audit of
Unclaimed Property for
Request for approval to file a claim for unclaimed property
on behalf of
The funds would be distributed as follows:
Tax Collector 4,421.68
Property Appraiser ____40.00
Pine Island Community District Proposed Budget
Request to acknowledge receipt of the Pine Island Community District proposed budget for fiscal year 2008.
Country Club of Mount Dora Community Development District Proposed Budget
Request to acknowledge receipt of Proposed Operating Budget for Fiscal Year 2008 Country Club of Mount Dora Community Development District
In accordance with Chapter 190.008 (2)(b) of the Florida Statutes, the District is required to submit to the local governing authorities having jurisdiction over the area included in the District, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year at least sixty (60) days prior to the public hearing.
The District’s public hearing is scheduled as follows:
Date Thursday, August 9, 2007
Time 8:30 a.m.
Country Club of
LEASE AGREEMENT WITH JOSE AND BEATRIX ISAACS
At this time Commr. Cadwell stated
that he would like to move ahead to Tab 35 under the
Commr. Renick asked Mr. Minkoff if they would be able to afford this if the State legislature greatly reduced the property taxes.
Mr. Minkoff stated that the lease provided that should the Sheriff have to relocate to a County owned building, the lease could be cancelled; and that it also provided that if the appropriate funds could not be budgeted the lease could be cancelled.
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously, by a vote of 5-0, the Board approved Tab 35, approval of the Lease Agreement between Lake County and Jose L. Isaacs and Beatrix Isaacs for the Sheriff’s Department office space.
Stivender stated that she wanted to pull Tab 19 so that Mr. Jim Stivender, Jr.,
Public Works Director could show the public what the
Mr. Jim Stivender, Jr., showed a slide of a map of the proposed roundabout for the Sugarloaf Mountain development, indicating that this development was required to be a signalized intersection, and when the roundabout had been proposed as an alternative for this roadway they felt it was acceptable as part of the master plan to incorporate into the current highway design.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tab 19 and approved the agreement between Lake County and SLCD, LLC for the construction and maintenance of a roundabout at Sugarloaf Mountain entrance on CR 455, and accept a Performance and Payment Bond in the amount of $358,616.29:
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the
Approve Budget Change Requests and Unanticipated Revenue Resolutions:
Request to approve Budget transfer - Animal Control Sterilization Trust Fund, Department of Public Safety, Animal Services Division. Transfer $5,500 from Reserve for Operations to Operating Supplies. Additional funds are needed in Operating Supplies. The original budget for operating supplies was an estimate prior to the clinic opening. More operating supplies are needed with the clinic now in operation. After this transfer, the balance in the Reserve for Operations account will be $60,488.
Request to approve Budget transfer - General Fund, Judicial Support. Transfer $35,070 from Machinery and Equipment to Personal Services. The Public Defender is requesting to add an additional Automated System Specialist for the operation of the Public Defender Technology needs. The funds for the remainder of the year are prorated. This position has been included in the Fiscal Year 2008 budget request. Funds are available from restricted Article V technology funds carried over from Fiscal Year 2006, which are placed in Circuit Judges Technology section until needed by other judicial functions. $818,404 was carried forward from Fiscal Year 2006.
Request to approve Resolution No. 2007-89, amending the General Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $1,489 to be deposited into Insurance Proceeds and provide appropriations for the disbursement to Office Supplies ($290) and Machinery and Equipment ($1,199). Insurance proceeds were received as a result of an insurance claim on a stolen Animal Services laptop computer.
Request to approve Resolution No. 2007-90, amending the County Transportation Trust Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $21,423 to be deposited into Insurance Proceeds and provide appropriations for the disbursement to Machinery and Equipment. Insurance proceeds were received as a result of a collision payment on a dump truck.
Request to approve and execute the Emergency Local Government Relief Reimbursement Agreement related to debris removal from the Groundhog Day tornadoes.
approval for the Community Health Worker Program to accept a grant award in the
amount of $10,000.00 from the Hispanic Obesity Prevention & Education,
(HOPE) Program mini-grant initiative.
This is contingent on review of the contract by the
Request for approval and execution of a Release of Fine, Property Owner: Jerry Wayne & Robyn Ann Martin, Code Case# 2006020251 – Commission District 2
Request for the Board to (1) declare the items on the attached lists 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 vehicle titles.
Request for approval for authorization to standardize aluminum truck beds for the Department of Public Safety’s wild land firefighting vehicle fleet.
Request for approval for staff to submit an application to the Florida Commission for the Transportation Disadvantaged, for the Rural Capital Assistance Support Grant Program, and approval of supporting Resolution No. 2007-72.
Request for approval for various emergency purchases having a value in excess of $25,000.00.
Request to approve the recommendation of the Audit Committee and authorize the office of Procurement Services to negotiate a contract with Moore Stephens Lovelace, P.A., the highest ranked qualified firm.
by the Lake County Department of Safety Fire Rescue Division for approval to
update the 1994 Mutual Aid Agreement between Lake County Department of Public
Safety Fire Rescue Division and the Town of
Request for approval to file the Declaration of Restrictive Covenants for Lake Idamere Park with the Clerk of the Court as required by the Florida Department of Environmental Protection Land and Water Conservation Fund (LCWF) Project number 12-00499 (DEP contract Number LW499) – Commission District 3.
Request for authorization to release a maintenance bond in the amount of $9,607.40 posted for Plymouth Hollow. Plymouth Hollow consists of 26 lots and is located in Section 31, Township 19 South, Range 28 East - Commission District 4.
Request for approval of $30,000.00 to purchase Five Tenths (0.5) wetland mitigation credits from the Lake Louisa Mitigation Bank, SJRWMD Permit No. 4-069-0313, to satisfy the compensatory mitigation requirements from SJRWMD for the Picciola Bridge Improvements - Commission District 1.
Request for approval of Resolution No. 2007-85, authorizing the posting of "No Parking
on Right of Way" signs on CR 466A/Picciola Rd (5710) at the ridge #114044
Request for approval and
signature on Resolution No. 2007-86, authorizing
the posting of "Stop" signs with 4 way plaques on
Request for approval of
Resolution 2007-91, authorizing the posting of “No Parking on Right of Way
Request authorization to release a letter of credit for performance for construction of improvements in the total amount of $318,950.96 that was posted for The Oaks at Summer Glen. The Oaks at Summer Glen consists of 56 lots and is located in Section 7, Township 19 South, Range 27 East - Commission District 4.
Request to accept a
performance and payment bond in the amount of $1,146,136.23 as surety for a
Developer's Agreement between
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board
Request for approval to advertise an Ordinance No. 2007-27, amending Section 9-16, clarifying that funds collected under this section may be used for court related functions as required by law.
Request for approval of Resolution No. 2007-83, declaring County owned property as surplus for the purpose of disposal and donation to Habitat for Humanity as an affordable housing site.
Request for approval of
AWARDS AND RECOGNITIONS
The Chairman presented the following Employee Awards, at which time Ms. Kasie McAdams, Employee Services Manager, gave brief remarks about each individual and their service to the County:
Presentation of Award to Employees with Five Years of Service
Betty Davis, Library Page
Community Services/Library Services/Astor Library
Elbert Welch, Equipment Operator II (not present)
Public Works/Road Operations/Maintenance Area III
Dona Faber, Field Forensic Investigator
Kathleen Pagan, Tourism Specialist
Tourism & Business Relations
Sharon Hogan, Stormwater Technician
Presentation of Award to Employee with Ten Years of Service
Brenda Quattlebaum, Special Projects Coordinator
Community Services/Citizen Support Services
Presentation of Award to Employee with Twenty Years of Service
Steven Lee, Assistant Area Maintenance Supervisor
Public Works/Road Operations/Maintenance Area III
BOARD/COMMITTEE CERTIFICATE PRESENTATIONS
Children’s Services Council
Kyleen Fisher for service from 2001-2007
Debbie Thomas for service from 2003-2007
Cultural Affairs Council
Nancy Clutts for service from 2002-2007 (not present)
Dorothy Kuhlman for service from 2005-2007 (not present)
Kimberly Lemonakis for service from 2005-2007 (not present)
Gary McKechnie for service from 2005-2007 (not present)
Robert Marks for service from 2005-2007
Sonya Montgomery for service from 2005-2007 (not present)
Gloria Pasteur for service from 2003-2007
Chip Schane for service from 2005-2007 (not present)
Carol Jensen for service from 2005-2007
Historical Museum Advisory Committee
Louise Carter for service from 2001-2007
Sanna Henderson for service from 2000-2007 (not present)
Matthew Ragan for service from 2004-2007 (not present)
Human Services Grant Advisory Committee
Carol Jensen for service from 2005-2007 (not present)
Ellen Miller for service from 2005-2007
PLAZA COLLINA DEVELOPMENT
Mr. Wayne Bennett, Director of Planning, Growth Management, began by informing the Board where they were at the present time with regard to approvals, and stated that the developer had submitted two mass grading plans, one for the east side and one for the west side; roadway infrastructures for Plaza Collina Blvd. and Frontage Rd.; and a master plan submittal, which included construction plans. He stated that they were trying to work out as many of the site design and architectural design details of the master site plan as possible. He said that they were also working on master landscape concepts, that they had met with the developer on many occasions, and that they would have to go through a detailed site plan construction plan package for a number of areas (referred to as PODS), within the site which they have asked to be defined.
He then stated that he would go over
some of the areas that they had been working on with the applicant; the first
being the north side which abuts CR 50, and the South Lake Trail, which was
recently opened for use. He stated that
there were a number of entities that had been involved in this review process,
including the City of
Mr. Bennett stated that the total amount of commercial office space permitted under the DRI was 1.2 million square feet, that the first phase was a little less than 950,000 square feet, and that there were also 200 dwelling units that would be in the second phase of development. He said that there was a lot of parking associated with the commercial space, and that within the site plan there were four or five different linear pedestrian corridors that link the Frontage Road with the primary building masses, and commercial space along the rear. He stated that one of the pedestrian corridors on the west side would accommodate up to four buses at one time, and would allow people to get off the buses with access to the pedestrian facilities that run along the buildings. He stated that on either side of the site would be retail type of buildings which would have an element of a lifestyle center, to provide retail opportunities, restaurants and other types of facilities to make it a very pedestrian friendly area.
Mr. Bennett stated that this area was
the Gateway to
PUBLIC HEARING - VACATION PETITION NO. 1100
Mr. James Stivender, Jr., Director, Department of Public Works, briefly spoke about Vacation Petition No. 1100, which he stated was a drainage easement that they were seeking to eliminate from the Public Domain.
Ms. Cecilia Bonifay, from the law firm of Akerman Senterfitt, spoke on behalf of Plaza Collina, and stated that she would like to enter a transcript of the meeting held on May 22, 2007 regarding the right of way vacation. She stated that the owner dedicated the piece of land over to the County for the South Lake Trail and did not ask for any quid pro quo at that time. She stated that the County was getting land that had been dedicated to it previously and the instruments for future dedications made by this owner for the benefit of the public, and that these rights of way were not necessary, in fact, they were creating a cloud on the title at this point were are in the way of the design and development that had been worked on together with the County to make everyone comfortable. She said that they had recommendations from both staff departments for approval of the road vacation. She stated that they had spent a number of months and a great deal of time and energy negotiating with the FDOT on the commencement for the widening of SR 50, which was pushed back in the work program and delayed even further. She stated that Mr. DeWitt had received the bid and that they were spending eight million dollars to move forward with the widening of SR 50, which fits within the DOT’S overall design standards.
Ms. Bonifay stated that as discussed at the last meeting, they had asked for staff to bring forward a site plan for informational purposes only, and would not be subject to a public hearing, and did not believe that those issues have any relevance in terms of the legal criteria by which a road right of way would be judged. She requested that the Board move forward with the right of way vacation and would be willing to answer any questions.
The Chairman opened the public hearing.
Ms. Diana Combs, a resident of
Mr. Jim Stivender pointed to the map and interjected that the main entrance for the big box store was off SR 50, and that old Highway 50 would not be a viable route.
Mr. Ray Goodgame, of Clermont, addressed the Board and stated that the realignment of the bicycle paths had not gone before the Bicycle/Pedestrian Advisory Committee, and thought this should have happened.
Mr. Fred Cramer from
Commr. Stivender stated that this road vacation was not hindering anyone from entering their property.
Ms. Ceclia Bonifay stated that she wanted to correct a few statements that were made earlier. She stated that they were prohibited from having any truck traffic on CR 50, which was one of the things that the Board insisted upon, and was in the PUD. She continued that the red line was not a drainage easement, but was a paper road and was completely surrounded by the applicants own property, and they were asking for a vote today on the road vacation. She pointed out that there was a separate legal process in the code that dealt with road vacations, and as county staff had testified, they have met that test and had two staff recommendations for approval. She stated that once this issue was resolved they could then address any further issues related to the site plan. She noted that they have been going through this process for three years, which she did not feel was a short amount of time, and the developer and applicants had been very cooperative in working through these issues, and will continue to do so.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried by a vote of 4-1, Vacation Petition No. 1100 was approved with the stipulation that all parties meet to review site plans.
Commr. Renick voted “no.”
RECESS AND REASSEMBLY
At 10:55 a.m., the Chairman announced that the Board would take a fifteen minute recess.
Ms. Helena Osborne Ponsi, Director,
She listed the core principles as
promoting volunteerism, connecting people with the opportunity to serve, building
the capacities of local volunteer programs, and participating in strategic
initiatives that mobilize volunteers from all sectors. She stated that they had given out 16 bronze,
2 silvers and 7 gold Presidential Volunteer Service Awards to individuals under
the age of 25. She stated that they
connect libraries with people and potential volunteers as well as the literacy
Ms. Ponsi stated that VolunteerLake
serves as a liaison to the EOC (
Mr. Mark Callahan, FDOT (Florida
Department of Transportation), provided an update on the Wekiva Parkway Project
Development and Environmental Study. He
stated that he would give a brief background; review the purpose and need of
the project; give a description of the project; review the viable alternatives;
focus on initial recommendations in Lake,
He stated that the Western Beltway Completion Program identified by the Orlando Orange County Expressway Authority included the Maitland Boulevard extension, which was an eleven mile route that went to the east past SR 429, tying into Highway 441 near the Zellwood Station area. He mentioned that this project is presently under construction and moving forward, and the portion of SR 429 will be open in 2009.
He stated that the
He described the project description of the Wekiva Parkway as providing a 20 mile link heading from US Hwy 441 near Zellwood Station, heading east toward the SR 46 corridor, crossing the Wekiva River and then tying into I-4, and also a bypass for SR 46 through the Sorrento-Mt. Plymouth area from US 441 to the east, which is a little less than 5 miles, and the CR 46-A realignment which will tie into SR 46, which is about a two to three mile project. He stated that the objective was to meet the mandate objectives of the Wekiva Parkway and Protection Act which was passed in 2004, and to achieve some regional travel connectivity by meeting some increased travel demands from population growth in the area through implementation of the remaining portions of the western beltway, by providing a safe and high capacity east-west travel facility in these portions of Lake and Seminole Counties. He felt that they would be attempting to reduce traffic on portions of SR 46 as well as US Hwy 441, and would address some high crash and fatality issues, as well as reducing the vehicle wildlife conflicts that occur and enhance the wildlife habitat connectivity to the Wekiva area.
He showed on the overhead map that
there were four parcels in Lake and
He stated that they would need an
additional right of way on SR 46 of 130 feet and that there was somewhere
between 66 and 80 feet today. He
mentioned that they looked at whether they should widen to the north of the
existing roadway on Highway 441 or to the South, and determined that widening
to the north made the most sense as it was the least costly and least impactive
in several respects since the south side had more development. He then showed a map of what the roadway
would look like to include curb openings, median openings using the DOT’S
access class for the area, and six lanes with provided sidewalks and possibly a
trail. He mentioned that they would be
widening to the east of 441 to
He reported that the next item in
this portion of the project was the interchange with SR 46 and US 441. He commented that today there was an existing
interchange with 441 going over SR 46, but that it doesn’t quite meet today’s
standards and there were some sight distance issues on several of the
ramps. Also, the existing bridge over SR
46 was not wide enough since they have determined that there would be an
extreme amount of traffic coming south on 441 heading east through the Wekiva
Parkway accessing Orange and portions of Seminole County. He explained that they were recommending a
fly-over for the southbound-eastbound movement and a two lane direct return
movement as well. He opined that with
He reported that the east part of the
He pointed out a slide of a map with
different alignments, stating that the green was the northern most, the red was
in the middle and the blue alignment had some high levels of impacts and they
were recommending that it be eliminated.
He stated that the DEP preferred the green alignment, but that it was $
16 million dollars more than the red alignment.
He explained that they would be working with the DEP and
He commented that it was widely known
that they would be cutting off SR 46 east of this interchange so that the only
way to get to
He explained how they would access
the few remaining parcels and the parks located east of the
He stated that the SR 46A realignment
was another important issue for the project.
He stated that when they presented the five alternatives in July and
August, they presented an alignment that ran along existing SR 46. He mentioned
that there were concerns made by homeowners in the Heathrow Country Estates,
because the roadway would be very close to several of those homes, and that
they had suggested several alternatives which he said he would like to
review. He explained that one of the
alternatives was to just leave SR 46A intact, bridge over the Seminole Woods
area and tie into an interchange to the
He felt that the next step was to finalize their recommendations in order to complete the engineering and environmental documents before the public hearings this fall, and they hope to get Federal Highway Administration approval by the end of this year. However, he noted that there is very limited funding for right of way acquisition, but they were going to pursue every option for funding, including public, private partnerships, or tolls on some portions.
Commr. Cadwell stated that the items that they would voice an opinion on today were the SR 46A issue that ran through the forest and the SR 46 interchange.
Commr. Stewart commented that the
Wekiva River Basin Commission was formed by the legislature for overseeing the
welfare of the
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board
approved to support the decision of the DOT and Expressway Authority to remove
SR 46 next to the elevated segments of the
Commr. Cadwell stated that they would
next address the SR 46A issue. He commented that he was told that as long as
they stayed on the boundary of the
Mr. Callahan stated that he had been in several meetings with the DEP and the Department of Agriculture and that they were against any alignment that would go into the state forest, even if it was just along the side of it.
Commr. Cadwell stated that he had spoken with Mr. Taylor and some homeowners from Heathrow Country Estates, and believed that he had a sense of what their concerns were. He mentioned that 50 feet was not far enough away, and that he did not feel it was fair for them to split Mr. Taylor’s property down the middle, but it might work if they were to move east and purchase the property from him. He then asked Mr. Callahan how wide the road right of way was going to be;
Mr. Callahan replied that it was a 200 foot right of way or a rural typical section with ditched swales and either two or four lanes.
Commr. Stivender asked whether the access on and off would be limited and whether Mr. Taylor could use his property for development.
Mr. Callahan replied that it would be a controlled access type of facility and not allow as many curb cuts as normal.
Mr. Jim Stivender interjected that the road would belong to the county after it was built, and they could make those types of decisions then.
Commr. Cadwell stated that he would prefer going back to Mr. Taylor to discuss the possibility of adding more of a buffer than the 50 feet that was proposed, with the understanding that a purchase would have to be done.
Commr. Stewart stated that she had been out to Heathrow Country Estates and that there were some beautiful trees that needed to be preserved, and the 50 foot buffer did not do that, and that the 800 feet would be an invasion into Mr. Taylor’s property. She said that Mr. Taylor’s wife raises horses and that she understood how valuable pasture space is. She stated that she was hopeful that a compromise could be made here.
Hill interjected that she would like some clarification about the flyover in
Callahan replied that the road (46A) would be a cul-de-sac at some point,
possibly where the forest entrance is located, with the pavement being
removed. He stated that if they
cul-de-sac the road just east of the Heathrow Country Estate’s entrance, they
knew there would be traffic implications, but did not have any numbers. He commented that SR 46A was now a cut
through from Volusia County from SR 44 to connect to SR 46 and getting to
Seminole County and this area of Lake County.
He opined that the traffic would be diverted to CR 437 and would connect
to SR 46 to pick up the interchange in the
Hill and Commr Stewart agreed that there would be a lot of traffic on CR 437 if
that happened and there might be a bottleneck in
Mr. Callahan said that they would let them know when he got the numbers and the traffic implications, and that County staff could help with those and render their opinions.
Jim Stivender interjected that there were approximately 7,000 cars a day on 46A
now, and that there were 23,000 going into
Mr. Callahan said there might be issues with the property not having access and the county not being able to purchase the land under eminent domain since it was not needed for transportation, and he would refer to George Lovett who was an expert on these matters. He said that the DOT has a standard typical section of 200 feet in width, which can be justified and that they could justify the need for additional lands for some ponds for stormwater treatment, and in some cases where there are special mitigation needs. He opined that they might need a berm for noise, but they may not be able to acquire an additional 150 to 200 feet through eminent domain if the property owner did not allow them to purchase it, but that purchasing the severed property in any case would cost more. He stated that they could look at some alternatives, but they wanted to move forward. He said that they were recommending the 50 feet, but might be able to do an additional 50 feet, but that 150 to 200 feet will be a little tougher to do.
Dray, a resident of Heathrow Country Estates, addressed the Board stating that
she had attended many meetings with Mr. Callahan, but had not heard until today
that there would be a higher cost for the route that would go furthest
west. She stated that the Wekiva Act
which was signed by Governor Jeb Bush in March of 2004 included a map that was
agreed upon by all environmental agencies that shows exactly where this route
was intended to be, and it did meander through the state land to connect to the
interchange. She continued that the road
(46A) is already going through this area now, and she did not understand why
they want to re-route it and why they would not be proposing a brand new road
be placed somewhere near there. She
stated that there was a website for the Wekiva Act, showing the map and where
the proposed road should be, showing that the traffic would be diverted west to
437 and t-boned at a traffic light in
Mr. Scott Taylor addressed the Board
stating that he was the landowner that was being referred to and owned the
property that was involved in this roadway issue. He stated that he did not have lots that were
zoned PUD but that some of his lots were zoned C-2. He stated that a large chunk of his property
would be taken when this roadway comes through, and he had no intent to build
gas stations or anything of that sort.
He said that he believed that any lines or roads that were shown on a
map of the Wekiva Act was a conceptual line placed by the Expressway Authority,
which was not agreed to by anyone. He
closed by saying that he loved the
The Board decided not to vote on the 46A alternative route until they had written comments from the State.
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
Mr. Fletcher Smith, Community Services Director, addressed the Board requesting approval for the County to act as the coordinator for the municipalities that will be applying for funding through the Byrne Memorial Justice Assistance Grant and to designate Brenda Quattlebaum as convener of the advisory committee that determines which programs are funded through the program.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval for the Board of County Commissioners to serve as the coordinator for local governments in Lake County in the Byrne Memorial Justice Assistance Grant application process, signature on the “Certification of Participation” document, and designation of Brenda Quattlebaum to identify and convene on behalf of the BCC any required advisory board members and meetings and the preparation of the application and/or other required documents or grant processes.
PURCHASE AND SALES AGREEMENT ON HART PROPERTY
Hanson, Public Lands Manager, addressed the Board stating that the Hart
property is on
motion by Commr. Stivender, to go with staff recommendation, seconded by Commr.
Hill, and carried unanimously, by a 5-0 vote, the Board denied the approval of
the Purchase and Sales Agreement between
SULLIVAN RANCH CERTIFICATES OF OCCUPANCY
Mr. Jim Stivender, Jr., Public Works Director addressed the Board, and stated that they were requesting to move forward with six CO’S (Certificates of Occupancy) for the Sullivan Ranch development. He added that the development was 693 acres, and they have a bond of fourteen million dollars to do the improvements, such as some plantings and grassing that they were delaying because of the drought. He explained that these were the last CO’S they could get prior to that occurring, and they would like to move forward with this.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request for authorization to release six certificates of occupancy for Sullivan Ranch prior to the completion of required subdivision improvements. Sullivan Ranch consists of 693 lots and is located in Section 34, Township 29 South, Range 27 East – Commission District 4.
ANNOUNCEMENT FROM PUBLIC WORKS DIRECTOR
Stivender Jr. announced that the Florida Association of County Roads had
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTIONS OF THE LAKE COUNTY CODE TO CHANGE THE NAME OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX, AND TO CHANGE THE NAME OF THE DOCUMENT RECEIVED FROM A LICENSE TO A RECEIPT,AMENDING SECTION 3-24, ENTITLED FINDING OF FACT; AMENDING SECTION 3-31, ENTITLED GRANT OR DENIALOF LICENSE; AMENDING SECTION 3-33, ENTITLED ANNUAL FEE; AMENDING SECTION 3-43, ENTITLED COMMERCIAL PHYSICAL CONTACT PARLORS; AMENDING SECTION 3-44, ENTITLED ESCORT SERVICES; AMENDING SECTION 3-45, ENTITLED RECORDS AND INSPECTION OF RECORDS; AMENDING SECTION 3-47, ENTITLED PROHIBITED ACTS; AMENDING SECTION 6-95, ENTITLED CLASSIFICATION, EXAMINATION, ETC.; AMENDING SECTION 6-96, ENTITLED APPLICATION FOR LOCAL LICENSE AND REGISTRATION; AND AMENDING SECTION-82, ENTITLED APPLICATION FEES, AND GENERAL ELIGIBILITY REQUIREMENTS; AMENDING SECTIONS OF THE LAKE COUNTY CODE; APPENDIX E, LAND DEVELOPMENT REGULATIONS TO CHANGE THE NAME OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX, AND TO CHANGE THE NAME OF THE DOCUMENT RECEIVED FROM A LICENSE TO A RECEIPT; AMENDING CHAPTER ii, ENTITLED DEFINITIONS; AMENDING SECTION 3.11.04, ENTITLED TERMINATION OF NONCONFORMING USES AND DEVELOPMENT; AMENDING SECTION 3.12.02, ENTITLED COMPLIANCE WITH OTHER LAWS; AMENDING SECTION 6.13.04, ENTITLED TERMINATION OF NONCONFORMING USES AND DEVELOPMENT AMENDING SECTION 10.01.06, ENTITLED REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2007-27, amending the Lake County Code and changing the name Occupational License Tax to Local Business Tax and the document received from a license to a receipt.
Mr. Minkoff stated that approximately two years ago, the legislature passed a law requiring all of the counties to go through all of their property to determine if there was any property that would be feasible to be used for affordable housing. He added that the requirement was that a Resolution be adopted to identify those properties by July 1, 2007 and every three years after that. He stated that Lake County had completed an inventory of all their properties, and the properties that were not needed were transferred to affordable housing groups, and that the County has agreements with Habitat for Humanity and Affordable Homes in Partnership. He stated that Resolution before the Board indicates that there are no properties available to be used for affordable housing, and that he had attached a list of several pages that shows the property and who it was assigned to.
Pisciotta, Development Public Relations Director with Habitat for Humanity,
addressed the Board thanking them for the property and the opportunity to help
another family get into a home, and stated that their goal was to get 12 homes
built per year for the next couple of years, and hopefully be able to increase
that. She said that they were going to
have a Blitz Day on June 23, 2007 at the Alexander home in
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2007-88, including an inventory of County owned property appropriate for use as Affordable Housing.
REPORTS – COMMISSIONER STEWART – DISTRICT – 4
COMMENDATON FOR BUILDING DEPARTMENT EMPLOYEE
Commr. Stewart stated that she wanted to commend a County employee, Ms. Jessica Clark of the Building Department. She reported that a customer took time out to write her a letter about her outstanding service and courtesy.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, East Lake Chamber of
Commerce, addressed the Board and stated that he was trying to raise money for
the music class at
RECESS AND REASSEMBLY
At 1:05 p.m., the Chairman announced that the Board would recess until the Work Session to discuss the Comp Plan at 1:30 p.m. in Chambers.
Ms. Carol Stricklin, Growth Management Director, opened the workshop by stating that this was the third of a series of three workshops on all of the elements of the Comprehensive Plan that have been transmitted to the Board of County Commissioners, and the Future Land Use element and Future Land Use Map are still under consideration by the Local Planning Agency. She said that they did not have a formal presentation today, and have reserved it for public comment on those elements.
Commr. Cadwell stated that the elements that had been transmitted to them included capital improvements, transportation, housing, conservation, public facilities and services, and intergovernmental coordination of public schools, which would be the items that they would accept comment on today.
Mr. Bill Ray, AICP Senior Planner, Bowyer-Singleton and Associates, stated that he had attended the LPA meetings and that there were several concerns regarding the document that was in front of them; the first was the financial analysis of the economic feasibility of the plan. He commented that the cumulative impact of the plan would have some long ranging and unforeseen impacts. He stated that he was deeply concerned that this plan and the fiscal implementation of the plan would prove to be not feasible. He stated that another issue he had with the plan was that they had not yet done a cumulative analysis of what this impact would be as it applies to land use. He said that they did not know exactly how many acres they have to develop because of conflicting and overlapping restrictions. He continued that there were policies embedded within the plan that direct them, as planners, to cluster development away from specific areas and specific resources. He stated that they were to cluster development away from high recharge areas, wetlands, 100 year flood plain, and sensitive native habitats, which reduces the footprint dramatically as to where they are to put commercial, industrial, and residential areas, and that they did not know how much of that area is available to develop. He said that the plan clearly gives a slant towards the perception that low density or limited density development is the best and foremost way to protect the resources and environmental integrity of the county, when in fact modern planning trends, smart growth, sustainable development, even EPA guidelines not protecting water sheds and recharge areas are contrary to that. He stated that the industry was directing them that density in and of itself was not the issue, but could be the primary tool to allow them to achieve these areas of recharge protection, environmental open space, and other natural resource protection, but in the plan there was specific guidance stating that the county shall promote low density development in these areas, not differentiating between net and gross. He stated that they were to a point where they could review; and he recommended that they conduct an outside economic feasibility study to look for internal inconsistencies within the plan for national standards and guidelines, and then compare that with the future land use map. He stated that most of the comments would be partially out of context because the future land use map was not available. He said that this was the first chance they have had to approach the Board to request that they be given the time to further analyze in detail the completeness of the entire plan and then come back with specific written comment and professional overview from professionals that do this
Ms. Gloria Austin, owner of the
Ms. Miranda Fitzgerald with Lowndes,
Drosdick, Doster, Kantor and Reed, P.A.,
Mr. Steve Adams of LPG Environmental,
and of the
Mr. Robert Curry addressed the Board stating that he was the only member of the public who stood to comment on the Ordinance that established the Local Planning Agency (LPA). He said that he attended many meetings, and that he believed that it was important to recognize the scale of the task that these people have taken on, that it was a learning process and was hopefully coming close to an end.
John Pospisil, stated that he was a
native Floridian and was dismayed at the environmentally unfriendly and
downright ugly development that was going on in
Commr. Hill stated that she had a question about some lots that had been platted years ago, mostly in the older mobile home parks in the area that had 65’ lots, and that since building was not allowed on a lot that size; could they consider having affordable housing units on these?
Ms. Carol Stricklin, AICP, stated that some of these questions would be answered with the Future Land Use element. She said that one of the charges that the Board gave them in the first workshop was that they were to bring back specific strategies not only for affordable housing, but for workforce housing, and that those issues would be addressed in the comp plan.
Ms. Stricklin stated that there were
two global issues that staff felt were the outcome of the two workshops that
they had with the Board; the first is the issue of affordable housing and
workforce housing, and that they would have a workshop that goes into that
topic in more detail. The second is the
topic of financial feasibility which will be broken into two parts. The first is the feasibility in the statutory
sense what chapter 163 says we have to do when we adopt the comprehensive plan;
which requires that there is a capital improvement settlement that programs the
necessary facilities and services to meet the adopted level of service. She said that there was a range of questions
that staff had received from the Board, the
She stated that they have not scheduled any further work sessions and were looking for the Board’s direction if they would like for them to schedule any work sessions for discussions on the outstanding issues that were mentioned today.
She stated that she wanted to speak about the concerns she had regarding where the county was in terms of its compliance with growth management laws, and that as a director of growth management she felt that it was her responsibility to relay her concern about the position the County was in due to the noncompliance of chapter 163. She stated that they were still in the process of adopting amendments. She stated that there were deadlines that were coming up under the 2005 Growth Management Act that they were falling behind on, including requirements for annual adoption of capital improvement settlement policies for water supply planning. She relayed that they continue to fall behind and are unable to implement the mandates that the legislature gave them in 2005 because they have been unable to amend the comprehensive plan. She stated that there was a potential impact of transportation funding or discretionary funds, and that when the DOT and MPO adopt their work programs for transportation improvements, there was a statutory requirement that they be consistent with the local government’s comprehensive plan. She stated and there was an analysis that is done that goes to the Florida Transportation Commission, with a recommendation as to whether DOT’S program is consistent with the Comprehensive Plan. She said that the issue has come up in the context of funding for widening of certain facilities or TRIP funding, and that she has explained to the DOT that they were in the process of updating the plan. She stated that development was slow right now, but that they were continuing to manage growth with the tools given to them by the 2005 Growth Management Act, which gives them the ability to put better concurrency controls in place, through the Capital Improvement Settlement, through new adoptive levels of service, and adoption of better land development regulations. She stated that they were anxious to have good LDR’S in place so that they could respond better to those challenges.
Commr. Cadwell asked Ms. Stricklin what meetings the LPA had planned this month.
Ms. Stricklin reported that the LPA had four meetings scheduled in June; one was yesterday, (June 4, 2007), one on the 15th, the 21st and the 28th.
Commr. Cadwell stated that they really needed the Future Land Use Map (FLUM) map, and encouraged her to get it hammered out.
Ms. Stricklin stated that she was going to double her efforts in getting that moving along and was hoping to get it out some time in July.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:45 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK