A
REGULAR MEETING OF THE BOARD OF
OCTOBER
2, 2007
The
Lake County Board of
INVOCATION
AND PLEDGE
Reverend
Earl Wright,
AGENDA
UPDATE
Ms.
Cindy Hall,
Ms. Melanie Marsh, Deputy County
Attorney, informed the Board that she would like to add to the Agenda, under
the
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved to place said item on the Agenda.
MINUTE
APPROVAL
Regarding
the Minutes of September 4, 2007, the following change was noted:
On
Page 11, Line 34, change “Lucas” to “Logas”.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of
August 28, 2007 (Regular Meeting) and September 4, 2007 (Regular 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 following requests:
Open
Delivery vs. Payment Account for Purchase of Investments
Request
for approval to open
delivery vs. payment account for the purchase of investments at the following
institutions:
Colonial Brokerage Inc. for Colonial
Bank
First
American Bank for Florida Choice Bank
NatCity
Investments for National City Bank
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 for Month Ending August 31, 2007
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending August 31, 2007, in the amount of $194,145.20. Same period, last year: $189,641.76.
Proposed Budget for Bella Fonte
Community Development District for FY 2006/2007
Request to acknowledge receipt of Proposed Budget for Bella Fonte Community Development District for the Fiscal Year 2006/2007, pursuant to Chapter 190, Florida Statutes.
Proposed Budget for Bella Fonte
Community Development District for FY 2007/2008
Request
to acknowledge receipt of Proposed Budget for Bella Fonte Community Development
District for the Fiscal Year 2007/2008, pursuant to Chapter 190, Florida
Statutes.
Meeting
Notice – Southwest Florida Water Management District Governing Board
Request
to acknowledge receipt of Meeting Notice – Southwest Florida Water Management
District Governing Board Meeting Calendar for Fiscal Year 2008; and map
depicting the District’s boundaries, as required by Chapter 189.417, Florida
Statutes.
Ordinances
from City of
Request
to acknowledge receipt of Ordinances from the City of
Ordinance
No. 2007-N, extending and increasing the corporate limits of the City of
Umatilla, pursuant to the provisions of F.S. 171.044, annexing approximately 24
acres in the City of Umatilla, for property owned by Linda T. Austin, Trustee,
located east of Tenth Avenue and north of CR 450.
Ordinance
No. 2007-0, extending and increasing the corporate limits of the City of
Umatilla, pursuant to the provisions of F.S. 171.044, annexing approximately
317 acres in the City of Umatilla, owned by Bay Pointe Builders, LLC, located
east of SR 19, south of Mills Street and south of CR 450.
Ordinances from Town of
Request
to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance
No. 2007-23, pertaining to comprehensive planning in the Town of Lady Lake,
amending Town of Lady Lake Ordinance No. 81-8-(83), which established the Town
of Lady Lake Comprehensive Plan, providing for a small scale Future Land Use
Map amendment.
Ordinance
No. 2007-24, redesignating zoning classification for certain property owned by
David and Barbara Wieckhorst, located within the town limits of the Town of
Lady Lake, rezoning subject property located in the vicinity of W. Lemon Street
and High Avenue from Single-Family Medium Density (RS-6) to Lady Lake Light
Commercial (LC).
Commr. Renick asked that Tabs 7, 9,
and 10 be pulled from the
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
Community Services
Request for approval and signature authorization of the Chairman
for FY 2007/08 CDBG (Community Development Block Grant) Partnership Agreement
between the Ponceannah Cemetery Association, Inc. and the County, in an amount
not to exceed $36,500, allocating CDBG funds to install a well and hand pump
and a solar-powered security light, replace some fencing, and direct the
Community Services Department to execute the agreement and oversee completion
of the project, as covered in the Scope of Services.
Economic Growth and Redevelopment
Request for approval to be a sponsor
of Lake County Days 2008, to be held in
Employee Services
Request for
approval of re-activation of the County's contract with Careerbuilder.com, for
recruitment advertising, for service dates from 10-1-07 to 9-30-08.
Growth
Management
Request for
approval of Satisfaction and Release of Fine, Property Owners: Harry W. Dunham
and Carolyn F. Alford. - Commission District 5.
Request for
approval of Satisfaction and Release of Fine, Owners: Michael and Bethany Hamm,
Case No. 2000060009 - Commission District 5.
Procurement
Request for
approval of recommendation to award a contract to Electric Services, Inc., to
furnish and install an emergency power generator at the Central Landfill.
Public
Safety
Request for
approval and execution of Proclamation No. 2007-154, proclaiming October 7-13,
2007, as National Fire Prevention Week in
Public
Works
Request for
authorization to release a performance bond, in the amount of $5,500; accept a
maintenance bond, in the amount of $326,791.84; execute a Developer's Agreement
for Maintenance of Improvements between Lake County and Highland Cassidy, LLC;
and execute Resolution No. 2007-155, accepting the following roads into the
County Road Maintenance System: Great Egret Drive (CR No. 2815), Narrowleaf
Court (CR No. 2815A), Pine Gulch Court (CR No. 2815B), Kehoe Marsh Court (CR
No. 2815C), and Dillymarsh Court (CR No. 2815D). Whitemarsh consists of 105
lots and is located in Section 1, Township 21 South, Range 24 East - Commission
District 3.
GROWTH MANAGEMENT
SATISFACTION AND RELEASE OF FINE
PROCUREMENT SERVICES
CONTRACTS FOR
ARCHITECTS-ENGINEERS/LANDSCAPE ARCHITECTS AND
ON CALL PLANNING SERVICES
Commr. Renick had asked that Tab 7, a request from Growth Management for approval of a Satisfaction of Fine, and Tabs 9 and 10, requests from Procurement Services, regarding the awarding of contracts to Architects-Engineers, Landscape Architects, and On Call Planning Services involving the County, be pulled from the County Manager’s Consent Agenda, for discussion.
Regarding the request from Growth Management, she stated that $250 seems to be the set amount, when a Code Enforcement fine is reduced, and suggested that the matter be discussed at one of the Board’s upcoming workshops, noting that there was a recent Code Enforcement case where a fine was reduced from $30,500 to $250. She stated that, when fines get up to that level, she feels the reduced amount should be more than just $250.
Commr. Renick stated that, with regard to On Call Planning Services involving the building projects that are proposed for the County, she would ask that, if there are any items that are over the $25,000 County Manager’s authorization limit, they be brought back to the Board, so that the Board can see what is being spent. She stated that some of the items range from $50,000 to $75,000, and, when it involves Facilities and Capital Improvements, some of them are over $300,000. She stated that she just wanted to be able to keep tabs on it and understand what the County is doing.
Ms. Cindy Hall,
Commr. Renick stated that it was her understanding that the report was for items that were already issued and that she wanted the Board to have said information prior to the meeting.
Ms. Hall clarified the fact that what Commr. Renick was requesting was to have an informational item on the Agenda, informing the Board, prior to the meeting, about what the County is spending, with regard to any items that are over her $25,000 authorization limit.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a Satisfaction and Release of Fine for Marvin and Shirley Longnecker, Owners, Case No. CEB 179-99 - Commission District 4; and two requests from Procurement Services, one being a request for approval of the recommendation to award the contract to BRPH Architects-Engineers, Inc., Gatorsktch Architects, Inc., John S. Dickerson Architects, Inc., Reynolds Smith and Hills, Inc., RK Collaborative, Inc., The Scott Partnership Architecture, Inc., The Vitetta Group, and HLM Architects, Inc., and for the landscape architects, the firms of Glatting Jackson Kercher Anglin, Inc., Herbert-Halback, Inc., and Reynolds Smith and Hill, Inc.; and the other being a request for approval to recommend Wendy Grey Land Use Planning, HDR Engineering Inc., Herbert Halback, Inc., and Wilson Miller for the On Call Planning Services for Lake County.
Ms. Melanie Marsh, Deputy County
Attorney, informed the Board that Tab 14, under the
It was noted that the Ordinance was
advertised for a public hearing, so it could be addressed this date.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the following request:
Request
for approval of a Modification Agreement between Cagan Crossings, Ltd., f/k/a
Southlake Development, Ltd., Lake County, Cagan Crossings Town Center, LLC,
Compass Bank, and Cygnex, LLC, modifying the location of off-site drainage
easements adjacent to the library located at Cagan Crossings - Commission
District 2.
EMPLOYEE
AWARDS
The Chairman
presented the following Employee Awards, at which time Ms. Kasie McAdams,
Employee Services Manager, commented briefly about each employee’s service to
the County:
Presentation of Award to Employee
with Twenty Years of Service
Robert Chase, Survey Technician II
Public Works/Engineering/Survey/Design
Presentation of Award to Employee Retiring After 20 Years 11 Months
Doug Harrison, Senior Maintenance Specialist
Facilities Development and Management
Facilities Maintenance
Presentation of Award to Employee Retiring After 30 Years
Robbie Hollenbeck, Citizens Support Services Director
Community Services
Citizens Support Services
RECESS
AND REASSEMBLY
At 9:15 a.m., the Chairman announced that the Board would recess for five minutes.
PRESENTATIONS
“REACH
ACROSS
Lt. Col. David Moseley, United States Air Force, Civil Air Patrol, addressed the Board stating that October 12th he would be starting his 50th year in the Air Force and that, as a young Air Force Policeman in Germany, during the Cold War, the assurance that people back home really cared was something that gave him a great deal of satisfaction – that somebody would remember the sacrifices of those that served. He stated that, in December, “Reach Across America” presents wreaths to go on every grave in Arlington National Cemetery and the Civil Air Patrol was asked to perform a service locally at the same time that it happened across the Nation and he wanted to honor those county employees that participated in that service, noting that it was not what they did, but how they did it – with a smile, with energy, and a sincere desire to help. At this time, he presented the following employees with an award for their participation in the “Reach Across America” project:
Mr. Jim Condon
Mr. Roland Breeden
Mr. Jerry Lanstead
Mr. John Wright
COMMUNITY
SERVICES
FUNDING FOR HUMAN SERVICES GRANT REVIEW COMMITTEE
Mr. Fletcher Smith, Community Services Director, addressed the Board stating that he was seeking approval of recommendations from the Human Services Grant Review Committee to provide funding to some non-profit agencies in the community, a list of which was provided to them in their backup material.
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 of a recommendation by the Human Services Grant Review Committee to provide funding, as summarized, for Fiscal Year October 1, 2007 through September 30, 2008; and authorization for the Chairman to sign subsequent contracts and other related documents, contingent upon the County Attorney’s approval.
COMMUNITY
SERVICES
ANNUAL
GRANT FUNDING FOR CHILDREN’S SERVICES PROVIDERS
Mr.
Fletcher Smith, Community Services Director, informed the Board that the
Children’s Services Grant Review Committee had recommended funding for ten
Children’s Services providers, contained in the Board’s backup material.
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 of the annual grant funding for ten (10) Children's Services
providers, who have submitted applications for FY 2007/2008 county funds
through the Children's Services Council’s Request for Proposal (RFP) process;
proper signature authorization on subsequent agreements, contingent upon the
County Attorney’s approval; and authorization to encumber and expend funds.
COMMUNITY
SERVICES
FY
2007/08 CDBG PARTNERSHIP AGREEMENT BETWEEN
TOWN
OF
Mr.
Fletcher Smith, Community Services Director, stated that this request pertained
to a Community Development Block Grant Agreement between the County and the
Town of
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 to authorize the Chairman to sign the FY 2007/08 CDBG (Community
Development Block Grant) Partnership Agreement between the Town of Astatula and
the County, in an amount not to exceed $36,360, granting the Town of Astatula
CDBG funds to improve Joe Swaffar Park; and to direct the Community Services
Department to execute the Agreement and oversee completion of the project
covered in the Scope of Services - Commission District 3.
COMMUNITY
SERVICES
FY
2007/08 CDBG PARTNERSHIP AGREEMENT BETWEEN
TOWN
OF
Mr.
Fletcher Smith, Community Services Director, stated that this request pertained
to a Community Development Block Grant Agreement between the County and the
Town of
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 to authorize the Chairman to sign the FY 2007/08 CDBG (Community
Development Block Grant) Partnership Agreement between the Town of Montverde
and the County, in an amount not to exceed $36,360, granting the Town CDBG
funds to improve Truskett Park, and direct the Community Services Department to
execute the Agreement and oversee completion of the project covered in the
Scope of Services - Commission District 3; and a request for approval of
unencumbered HUD funds, in the amount of $30,776, to be added to the FY 2006/07
Partnership Agreement between Lake County and the Town of Montverde, and to extend
the expiration date of the Agreement - Commission District 3.
COMMUNITY
SERVICES
CONTRACT
BETWEEN
HEALTH
FOR OPERATION OF LAKE COUNTY HEALTH DEPARTMENT
Mr.
Fletcher Smith, Community Services Director, stated that this request pertained
to the annual funding agreement for contractual services to the Lake County
Health Department and the $398,633 is a 10% reduction from last year’s
allocation. He stated that it is funding
the County gives them to spread between the many programs they have to provide
services to
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 to authorize the Chairman to sign the contract between Lake County and
the State Department of Health, for the operation of the Lake County Health
Department, during the contract term 10/01/07 through 9/30/08.
PUBLIC
SAFETY
RESOLUTION
RENAMING
Mr.
Bruce Thorburn, Public Safety Communications Systems Director, addressed the
Board, regarding a request to change the name of Willis V. McCall Road, named
after a former Lake County Sheriff, to CR 450A, stating that, under County
Ordinance No. 1995-52, anyone can request a road name change. He stated that his office received such a
request and a check for $100 for the paperwork involved, so staff did a
property search on the road and found 47 property owners, who were each sent a
certified letter informing them about the public hearing, per the requirements
of the Ordinance. He stated that the
property owners had 45 days to return a request for denial to both the
individual making the name change request and to the Communications Systems
Department and that his office had received 13 requests for denial, which
reflects more than 20% of the total requests, so it would now be up to the
Board to decide whether or not to approve the name change.
Ms.
Bernice Brinson, a resident of Umatilla, addressed the Board stating that she
was representing the South Umatilla Neighborhood Association and that they were
requesting the name change, because they would like to continue to promote
unity, harmony, and healing within the community. She stated that, when one turns off of SR19
east onto SR 450, the road signage for Willis V. McCall is only seen within a
four block radius - it is not seen anywhere else, and the name is a constant
reminder to the residents of a very controversial history.
Mr.
Douglas McCall, the son of former Lake County Sheriff Willis V. McCall,
addressed the Board stating that he lives on the road named after his father in
his father’s old house and that his family has owned property along that road
since the mid-1800s. He discussed some
concerns he had about the request, at which time he noted that one of the
reasons the community at the time elected to change the name was confusion over
the three CR 450s that exist in the City of
Mr.
Charles Cassella, a resident of Lake County, addressed the Board stating that
he brought this matter up approximately two years ago and that it has been a
very personal thing for him ever since.
He stated that, to his dying day, former Sheriff McCall defended a
system that had long outlived its usefulness and never apologized or tried to
make amends with the community for the things that he did within the community
and that is the issue for him, noting that he feels roads and buildings being
named after individuals in the modern era speaks to where the community’s heart
and values are and he believes that is why it is time to rename the road to CR
450A.
Ms.
Jacqueline Handy, a resident of Umatilla, addressed the Board stating that it
was time for healing in her community.
She told the Board about an incident involving her, her father, and
former Sheriff McCall, where the Sheriff informed her that her father was a
good man, but had called him the “n” word, which she did not appreciate. She stated that it was time to make a change.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing.
Commr.
Cadwell stated that he has spent his whole life in Umatilla and has received a
lot of good and bad advice on this issue, but the sad part about it is that,
with the discussion that is occurring this date, all the ills of segregation is
going to be dumped on the McCall family that still lives in the area and they
are good people. He stated that the fact
about the matter is that the entire community and the Government should
shoulder the burden of segregation and the bad things from it, but, at the end
of the day, Sheriff McCall was a dark figure in the Civil Rights Movement and
he does not feel it is right to have a road named after him going through the
community in question – it needs to be changed.
He passed the gavel to the Vice Chairman and made a motion to approve
the request from Growth Management for approval of Resolution No. 2007-156, renaming Willis V. McCall Road to CR
450A - Commission District 5.
Commr.
Stivender seconded the motion.
Under
discussion, Commr. Stewart stated that she was not defending the Civil Rights
Movement, but feels that Sheriff McCall was a product of the times. She stated that she felt the Board was
getting into a lot of issues that they did not need to be getting into at this
time and that it comes down to the fact that, if 28% of the residents are
against renaming the road and 72% of them are in favor of it, the democratic
process says that the majority rules, so she agrees that the name of the road
should be changed.
Commr.
Renick stated that the issue involves a painful part of the County’s history
and she agrees that the road should be renamed.
Commr.
Hill concurred, stating that the majority rules and the majority has spoken, as
to what they want the road to be named.
She called for a vote on the motion, which was carried unanimously, by a
5-0 vote.
The
gavel was passed back to the Chairman.
RECESS
AND REASSEMBLY
At
9:45 a.m., the Chairman announced that the Board would recess for 15 minutes.
PUBLIC
WORKS
AGREEMENT
WITH FOUNDERS RIDGE FOR IMPROVEMENTS TO NORTH
GRASSY
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board and displayed a
map showing North Grassy Lake Road and that area of the County (contained in the
Board’s backup material), stating that there was a lot of discussion in 2002
about the road network in that area and that several developers met with staff
and outlined every piece of property of any size and magnitude on the map on
display, most of which is now in the Joint Planning Area (JPA) of the City of
Minneola, rather than the County, and some of them have already been
annexed. He stated that staff is looking
forward to a series of discussions, in cooperation with not just the City of
Minneola, but the City of Clermont, as well, to try to master plan a
transportation network in that area. He
stated that Minneola is undertaking a master plan for the area, utilizing
impact fees, at which time he discussed what is going to occur, with regard to
North Grassy Lake Road, noting that there was a dispute on the validity of the
Maintenance Map and the County has been in court ever since. He summarized what the Agreement before the
Board this date contained, noting that Founders Ridge will need a very good
quality two lane road accessing it. He
stated that the original discussion regarding it was that it needed to be an
adequate right of way – 24 foot pavement, with turn lanes located at Hwy. 27,
as part of the access for just 135 acres involved, but that is not what is
being discussed this date. He stated
that, because of the PD&E (Planning, Development and Environmental) study
going on at the present time, the County is making the road that is out there
today structurally sound enough to handle the construction traffic for
Commr.
Stewart questioned what would happen if the Board did not approve the request
this date and was informed by Mr. Stivender that approval of the Founders Ridge
subdivision is subject to the County getting adequate improvements to the
roadway.
It
was noted that there are a lot of large tracts in the area and that those
property owners are opposed to the request.
Minneola
Council Member Ed Earl addressed the Board stating that consideration of the
road in question involves more than just the proposed development, noting that
a new elementary school – Grassy Lake Elementary, has been constructed, so
there is more traffic on the road, because of the school, and the current road
is in bad shape. He stated that the
County has collected a lot of taxes in the City of
Mayor
David Yeager, City of
Attorney
Phillip Tadish, Winter Park, addressed the Board stating that he was
representing the developer, Founders Ridge, a party to the Agreement before the
Board this date. He stated that the
process involving the Agreement began approximately one year ago and that, in
working with the County Attorney’s Office, they have come to an agreement,
regarding the legal issues involved, one of the last ones being that the County
adopted a Maintenance Map, with respect to North Grassy Lake Road, that
precipitated a lawsuit by the owner of the property located at the intersection
of North Grassy Lake Road and on the east side of Hwy. 27, seeking adverse
condemnation, claiming that adoption of the Maintenance Map was without the
necessary basis and was attacking the entire Maintenance Map Statute, which has
been going on for probably six or seven months.
He stated that, in an attempt to resolve the issue, his client entered
into a contract with the owner of that property to purchase it and, in the
interest of the County, an agreement was made that, as part of that purchase,
Founders Ridge will convey to the County the right of way that is included
within the Maintenance Map, completely eliminating that particular issue, which
does several things, being (1) it terminates the litigation, which is one of
the conditions of the effectiveness of the Agreement; (2) it takes care of the
right of way included within the Maintenance Map; and (3) it gets the County
off the hook, in terms of having to defend the Maintenance Map Statute and an
inverse condemnation action. He stated
that the developer has agreed, in a Developer’s Agreement with the City of Minneola,
to provide the right of way for two of the four lanes of the road, however,
noted that it is an interim step to facilitate the bearing surface on the road
for construction activity within the subdivision, but, more importantly, to
provide a safer route for the people that live there and whose children are
going to school there, until such time as the main road is built.
Mr.
T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization
(MPO), addressed the Board stating that the signal that was recently installed
at Hwy. 27 and North Grassy Lake Road would not have been installed, because of
signal warrant criteria that must be met, unless there was traffic and
incidents occurring, however, noted that, more importantly, this is an opportunity
in a public setting to point out the fact that there is an adopted plan for the
area that involves the Cities of Minneola and Clermont and it impacts the Town
of Montverde, as well as the County, to a road network, which sometimes can be
awkward, noting that this is what happens when a city has approved something
years ago and did not coordinate that approval with the County – it leaves
those involved trying to pick up the pieces.
He stated that Founders Ridge, as well as the Hills of Minneola, and
other projects that are either proposed or already approved in the area are
part of a much larger network, which involves roads that have not yet been
built, which he pointed out on the map contained in the Board’s backup
material. He stated that North Grassy
Lake Road is slated for four lanes of traffic, due to the fact that it will
ultimately connect to an interchange on the Turnpike, and although the land use
currently has a lot of five acre tracts, the County has not proposed, but
approved developments that the MPO is required to plan for and they are trying
to do the best they can in assisting the Cities, as they make decisions, making
sure that they communicate properly and coordinate with the County. He stated that this interim step is a stop
gap measure, but, ultimately, Founders Ridge is responsible for building a
portion of the four lane road through their property and wanted the Board to
bear that in mind.
Mr.
Stivender informed the Board that North Grassy Lake Road is tied to the
proposed subdivision, whenever it kicks off the ground, which could be next
year or ten years down the road, which is what the Agreement is set up to
say. He noted, however, that the
PD&E study should be completed by the end of next year, but there is no
money funded for design, right of way, or construction, so the County will be
looking for a lot of the developers to take care of the alignment. He stated that the connection would be at
Hwy. 27 and in all likelihood
It
was noted that staff brought this issue forward, at the request of the City of
Commr.
Renick stated that she talked to four of the Minneola City Council Members and
they are not all in agreement and that she sees the road specifically being
built as a construction road, to get Founders Ridge underway. She stated that, when one talks about the
benefits to the residents, she has not had any residents ask to have the road
improved; in fact, they say they will take the potholes over the proposed
subdivision. She stated that the County
talks about putting in a road and making things better, but then it opens up
the road to a development that adds extra traffic to the road and, with regard
to this road, she is not sure the County is going to be any further ahead. She stated that the road is not in good
condition, but is not unlike many other rural roads in the County.
Commr.
Stewart stated that it sounded to her like the residents in that area are happy
with their roads and concurred with Commr. Renick that there are a lot of roads
in the County that have potholes – she travels them every day, but she does not
want to see them four laned. Commr.
Cadwell stated that
Commr.
Stivender stated that
Commr.
Renick interjected that the development cannot develop without the road.
Commr.
Stivender stated that it has been brought up before and is something that the
Board is going to have to discuss - as to whether they are going to have a new
policy where they dictate to the Cities that they will not give them right of
way to whatever projects they have, unless they do what the County wants, or
whether the County was going to try to make the road safer and accommodate
other things, besides the development.
Commr.
Stewart stated that the Board answers to the citizens and questioned when the
County and the Municipalities are going to start working together, to remember
what the citizens of the County want, which is not the same old political
double talk to get more and more developments approved. She stated that, with the current market
being the way it is, it may be years before Founders Ridge is built, but the
Board is setting precedence right now for years to come. She stated that she felt the Cities and the
County need to work together and go by what myregion.org is promoting, which is
keeping the rural areas rural and the urban areas urban, but, if the County
keeps pushing out and pushing out, it will no longer be able to do that.
Mayor
Yeager readdressed the Board stating that the City of
A
motion was made by Commr. Renick and seconded by Commr. Stewart to deny a
request from Public Works for approval of an agreement with Founders Ridge,
LLC, for improvements to North Grassy Lake Road - Commission District 3.
Under
discussion, Commr. Stewart reminded the Board that the County and the Cities need
to work together on this, because she does not feel that the majority of the
citizens in the County want business like this going on as usual.
Commr.
Renick defended the Mayor and the Minneola City Council, noting that she
understands they are trying to deal with the situation. She stated that she feels the County does
work with the City of
The
Chairman called for a vote on the motion, which failed, by a 3-2 vote.
Commrs.
Cadwell, Hill, and Stivender voted “No”.
A
motion was then made by Commr. Stivender and seconded by Commr. Hill to approve
the request.
The
Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs.
Renick and Stewart voted “No”.
PUBLIC
WORKS
AGREEMENT
WITH THE LANDINGS AT
ROAD
FROM CR 448 SOUTH TO SERVE
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board and reviewed a
map contained in their backup material, pointing out the property in question,
noting that it is boxed in between
Mr.
Sandy Minkoff,
Commr.
Renick noted a concern she had with the request, indicating that she needed to
know that there is a buffer somewhere that has been agreed upon, so that the
County is not putting residential up against the County’s landfill.
Mr.
Stivender interjected that, because of the geography at the top of the hill,
there will be views in all directions from the properties – that there is no
way to buffer the property.
Ms.
Cecelia Bonifay, Attorney, Akerman Senterfitt, addressed the Board stating that
she was present representing Loma Linda, the owner of the property, and that
she feels people will be well aware, while traveling down Frankie’s Road, or
along the landfill, that there is a landfill facility at that location. She stated that they have come up with a
development plan, which has already gone through the preliminary plat phase and
construction drawings within the City of Tavares and have allowed for buffers,
storage, stormwater retention, etc., making sure that they do whatever they can
to make sure that those homes sell at the highest price possible and that there
is a buffer. She stated that the City of
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for approval of
an agreement with The Landings At Lake Harris, LLC, regarding the construction
of a new road from CR 448 south, to serve the Lake Harris Groves development
within the City of Tavares, with the developer to provide improvements to
Frankies Road; and a request for approval of an agreement to sell approximately
three acres of county property, to serve the development as right of way -
Commission District 3.
ADDENDUM
NO. 1
TOURISM
AND BUSINESS RELATIONS
AGREEMENT
BETWEEN
COLLEGE,
AND
COMPLEX
AT SOUTH CAMPUS OF
Mr.
Greg Mihalic, Tourism and Business Relations Director, addressed the Board
stating that they had before them an interlocal agreement between the County,
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Tourism and Business Relations
for approval of an interlocal agreement between the County, Lake-Sumter
Community College (LSCC), and South Lake Hospital, for the development and
operation of a joint softball complex, to be located at the South Lake County
Campus of Lake-Sumter Community College; and approval to deposit with LSCC the
sum of $1,000,000.
PUBLIC HEARING
ORDINANCE
DESIGNATING LADY LAKE/ANDREWS PARCEL FOR
CONSERVATION
USE ONLY
Mr.
Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA,CREATING SECTION 16-53, LAKE
COUNTY CODE, ENTITLED LADY LAKE PRESERVE; PROVIDING FOR USES; PROVIDING A LEGAL
DESCRIPTION; PROVIDING FOR PUBLIC HEARING PRIOR TO A CHANGE IN USE; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by
a 5-0 vote, the Board approved Ordinance No. 2007-47, creating Section 16-53, designating Lady Lake/Andrews parcel for
conservation use only, as presented.
PUBLIC
HEARING
“LOBBYING”
ORDINANCE
Mr.
Sandy Minkoff,
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA,
CREATING CHAPTER 2, ARTICLE IV, LAKE COUNTY CODE, ENTITLED LOBBYING; CREATING
SECTION 2-61, ENTITLED TITLE AND PURPOSE; CREATING SECTION 2-62, ENTITLED
DEFINITIONS; CREATING SECTION 2-63, ENTITLED LOBBYIST REGISTRATION; CREATING
SECTION 2-64, ENTITLED EXCEPTIONS; CREATING SECTION 2-65, ENTITLED ENFORCEMENT;
CREATING SECTION 2-66, ENTITLED PENALTIES; CREATING SECTION 2-67, ENTITLED
VALIDITY OF ACTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public
hearing.
Ms.
Jean Kaminski, Executive Director, Homebuilders Association of Lake County,
addressed the Board stating that, by the Ordinance’s definition, she would be
considered a “lobbyist”. She stated that
she was not present to oppose the Ordinance, but that she did have some
concerns about the lobbyists’ registration section of it. She stated that, apparently, it is going to
only apply to association managers, Chambers of Commerce, etc. – that it would
not apply to their volunteer members, since they get no compensation for it,
but, in reading the Ordinance, it appears that every time she would contact a
county office each individual call would have to be turned into the County
Attorney’s Office, and was informed that that was correct. She stated that she was not opposed to the
lobbyists being required to register with the County, but feels that that
particular section of the Ordinance could use some clarification and could be
less cumbersome.
It
was noted that this Ordinance pertains to someone who is paid, or whose
principal job activity, for which they receive compensation, is lobbying.
Ms.
Cecelia Bonifay, Attorney, Akerman Senterfitt, addressed the Board stating that
many other areas have lobbying requirements and some work better than others,
but what she has seen, in looking at this Ordinance, is that the County is
making a distinction about someone who is paid, however, noted that there are
numerous instances where she sees people who are being paid by not-for-profits,
or non-profits, or environmental organizations lobbying various Commissioners,
and that she wanted to make sure they would fall under the same category, which
she elaborated on. She discussed
concerns she has about enforcement of the Ordinance, noting that it seems a
little steep, in terms of what the County wants to do with people who violate
the Ordinance, one being to put them in jail.
She stated that she feels the County is leaving itself open to anonymous
complaints and that she feels the Ordinance is going to keep the Code
Enforcement Department very busy. She
stated that she feels the Ordinance is overkill and that the sanctions are too
stringent and the fact that someone can just call Code Enforcement to report
somebody is going to lead to a lot more problems than the County is trying to
solve with the Ordinance. She stated
that, when someone approaches the Board stating that they are representing a
particular city, she would like for the Board to question when they were
authorized to represent that particular city and whether it was by a vote of
the full City Council, noting that, in doing research on the matter, her office
found that they were not authorized by the particular city that they indicated
they were representing and that the other council members were not aware that
they were taking a particular position.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously,
by a 5-0 vote, the Board approved Ordinance No. 2007-48, creating Chapter 2,
Article IV, entitled “Lobbying”, as presented.
PUBLIC
HEARING
WAIVER
OF CENTRAL POTABLE WATER SYSTEM REQUIREMENT FOR
SWEET
BAY SUBDIVISION
Ms.
Stacy Allen, Senior Planner, Division of Planning and Community Design,
addressed the Board stating that Mr. Rick McCoy, Professional Engineer, was
present representing CFR Properties, LLC, requesting a waiver of the
requirement to connect to a central potable water system and provide individual
wells, until such time as a central water system becomes available for the
Sweet Bay Subdivision Plat. She stated
that, if this waiver is not granted, the owner is required to provide an
Interim Central Potable Water System for this subdivision, capable of
connecting to the regional system. She
stated that Comprehensive Plan policies require that properties within the
Urban Expansion Future Land Use Category (FLUC) provide an interim system, when
a regional system is not available. She
stated that the County’s Land Development Regulations (LDRs) provide that all
private potable water systems, unless exempted by the Board, be connected to
and utilize a regional system, if available, noting that connection to a
regional system is mandatory, once it becomes available. She stated that a waiver would allow the
owner to provide individual wells to service as the required interim system for
the subdivision. She stated that, in
October of 2006, the owner submitted a preliminary plat application for a 22
lot subdivision titled Sweet Bay and the Development Review Staff (DRS)
commented that connection to a central potable water service is required for
the subdivision and, if not available, it requires the installation of an
interim system. She stated that the LDRs
provide for an exemption to the connection requirement of a Central Interim
System by the Board and the owner has submitted a request, pursuant to the
LDRs. She stated that staff recommends
that the Board approve, with conditions, the request to exempt the subject
development from connection to a regional/subregional potable water system and
allow provision of individual wells as an interim potable water system, with
the following conditions to be noted on the final approved plat:
a.
The
lots within the Sweet Bay Subdivision shall connect to a regional potable water
utility system, when it becomes available; and
b.
At
the time of transition from individual wells to central water, proper
abandonment of any individual wells be completed; and
c.
An
approved Fire Well System and Fire Hydrants shall be installed for the
subdivision, pursuant to the Land Development Regulations, until such time as a
regional water utility system is available.
Commr.
Hill stated that the Board approved a Community Development District (CDD) in
the area of the Sweet Bay subdivision and questioned where their boundaries
are, in relation to the site in question.
The
Chairman opened the public hearing.
Mr.
Rick McCoy, McCoy & Associates, Project Engineer, addressed the Board
stating that the Community Development District that Commr. Hill referred to
was for the Mission Inn and does not include the area in question. He stated that, in the interim, they are
asking permission to do sprinkler systems off the individual wells, noting that
the development does not consist of tract homes on 100 to 200 lots, but only 22
large lots on 30 acres. He stated that
putting in a fire well is a large investment and is going to be thrown away,
noting that the Town of Howey in the Hills has agreed to provide the
subdivision with water by 2010 and, by that time, the fire well will be
worthless, whereas, a sprinkler system will allow the subdivision to have the
best of both worlds, in that the homes will have both a fire hydrant and a
sprinkler system in them. He noted that
the County’s LDRs allow for this type of development and requested a waiver,
until Howey in the Hills can provide the development with water. He stated that they will be signing an
annexation agreement with Howey in the Hills for the subdivision to be annexed
into the Town, as a condition of the Town providing them with water.
Mr.
Brian Sheahan, Acting Director, Planning and Community Design, addressed the
Board stating that the County has approved subdivisions in the past with
sprinklers. He stated that it is not the
County’s preferred method, but is acceptable in areas where it is not feasible
to put in a fire well.
There
being no further individuals who wished to address the Board, the Chairman
closed the public hearing.
No
one was present in opposition to the request.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Growth Management for approval
to exempt Sweet Bay Subdivision from connection to a regional/subregional
potable water system; and to allow use of individual wells as an Interim
Potable Water System, with the following conditions, to be noted on the Final
Approved Plat:
a. The lots within the subdivision shall connect to a regional potable water utility system, when it becomes available; and
b. At the time of transition from individual wells to central water, proper abandonment of any individual wells be completed; and
c. An approved sprinkler system is to be installed in each home, taking out the requirement for the Fire Well System and Fire Hydrants, which is to be noted on the plat and kept on file in the Building Department.
OTHER BUSINESS
APPOINTMENT OF 2007 INDUCTEES INTO
WOMEN’S HALL OF FAME
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by 5- vote, the Board approved the Women's Hall of Fame Committee's recommendation to induct Ms. Barbara Mittermaier and Ms. Antionette Viti as the 2007 inductees into the Women's Hall of Fame.
REPORTS –
HEALTH CARE FACILITY-HOME FOR THE AGED RESOLUTION
Mr. Sandy Minkoff,
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Resolution No. 2007-157, authorizing the Florida Development Finance Corporation to issue taxable and tax-exempt revenue bonds not to exceed $40,000,000, to finance the construction of a Health Care Facility-Home for the Aged in Clermont.
REPORTS –
LYNX CONTRACT
Mr.
Sandy Minkoff, County Attorney, stated that this request, added to the Agenda
this date, pertained to the LYNX contract, noting that the County has been
negotiating back and forth with them and it is his understanding that the
County received a new contract on Monday, October 1, 2007, which appears to be
in good order. He stated that LYNX has
agreed to provide the same service that the County is currently providing for
$30,000 less per year, and it involves the same number of buses. He stated that staff would like to extend the
current contract for 30 days, with the reduced price, and, when they get a
chance to review the final contract, it will be brought back to the Board
within that 30 day period for approval.
On
a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board approved to extend the current contract with LYNX for
30 days, as requested by staff.
REPORTS
–
Mr.
Sandy Minkoff,
Commr.
Cadwell interjected that he would also be present at said meeting, to discuss
the issue of the park with them, and wanted to let the Board know that he had
met with the City Manager and asked that the City provide the water now and in
one year the issue will be brought back to the Board, to be readdressed at that
time. He stated that, if that does not
happen, the County will have the City cut the water off and, by then, a water
system will have been built.
REPORTS
–
METRO-ORLANDO
ECONOMIC DEVELOPMENT COMMISSION RESOLUTION
Ms.
Cindy Hall, County Manager, requested the Board’s approval to support a
Resolution that was passed by the Board of Directors of the Metro-Orlando
Economic Development Commission (EDC), which supports the funding of two
Florida medical schools, being the University of Central Florida’s College of
Medicine and the Florida International University’s College of Medicine, at
which time she read into the record the contents of a letter that she received
from the EDC requesting said support.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved to place said item on the Agenda.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved to support said Resolution.
REPORTS
– COMMISSIONER HILL – DISTRICT 1
RENEWABLE
ENERGY REPORT
Commr.
Hill stated that she went to
REPORTS –
COMMISSIONER RENICK – DISTRICT 2
Commr.
Renick informed the Board that it was recently brought to her attention that
the Cherry Lake Tree Farm DRI (Development of Regional Impact) is creating
enclaves and, since the Board will be holding its first meeting, in a series of
meetings, with the County’s various department heads on Monday, October 8,
2007, and the first meeting will be with Public Works, if the Board were in
agreement, she would like to have the Public Works staff be directed to share
with them transportation impacts, as far as the Cherry Lake Tree Farm is
concerned, and then the Board can decide whether or not they want to send
comments to the Central Florida Regional Planning Council, or to the Department
of Community Affairs, based on what they learn at that meeting.
Commr.
Stivender asked that the City of
Mr.
T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization
(MPO), addressed the Board stating that the MPO is acting as staff, under
contract with the City of
REPORTS –
COMMISSIONER RENICK – DISTRICT 2
INTERLOCAL
SERVICE BOUNDARY AGREEMENTS
Commr.
Renick stated that, with regard to cities and enclaves, she and staff were
discussing Interlocal Service Boundary Agreements and questioned whether it is
something that the Board would want to consider. She stated that the JPAs (Joint Planning
Areas) have not worked out the way it was hoped they would and that the
Interlocal Service Boundary Agreements may be something that will work out
better. She asked that a draft
Resolution be prepared, to initiate negotiations with the cities regarding
same, and questioned whether the Board would like to have that information.
It
was the consensus of the Board that they receive said information.
REPORTS
– COMMISSIONER STIVENDER – DISTRICT 3
COUNTY’S
PARATRANSIT SYSTEM WORKSHOP
Commr.
Stivender requested that a workshop be held regarding the County’s Paratransit
System, noting that some cutbacks were made by Medicaid and the County and she
would like for the Board to look at the charts, to see exactly which citizens
are being affected by those cuts. She
stated that she has already met with Senator Baker and will be traveling to
It
was noted that the matter will be discussed at the Board Meeting scheduled for
Monday, October 8, 2007, and that said meeting is being moved from the
REPORTS –
COMMISSIONER STIVENDER – DISTRICT 3
BILL
REGARDING
Mr.
Sandy Minkoff,
It
was noted that the matter has been discussed with the alcohol distributors in
the County and they have no problem with said Bill, in that it is not meant to
cut down on the amount of kegs purchased by adults in the County, but is only
meant to protect the under-aged children in the County.
REPORTS
– COMMISSIONER STEWART – DISTRICT 4
WEATHERIZATION
DAY PROCLAMATION
On a motion by Commr. Stewart,
seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved
Proclamation No. 2007-158, proclaiming October 30, 2007, as Weatherization Day
in Lake County.
REPORTS
– COMMISSIONER STEWART – DISTRICT 4
RESIDENTS’ RIGHTS MONTH PROCLAMATION
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2007-159, proclaiming October, 2007, as Residents' Rights Month.
REPORTS
– COMMISSIONER STEWART – DISTRICT 4
CIVIL
AIR PATROL PRESENTATION
Commr.
Stewart stated that Lt. Col. David Mosley, with the United States Air Force,
Civil Air Patrol, spoke very eloquently about the County’s veterans earlier in
the meeting and that she feels words cannot express what the Country owes it
veterans – the men and women who put their lives on the line and the ones who
have given up their lives defending the freedoms that we have in this
Country. She stated that we can never
repay them for their sacrifices, but we can find ways to show them our
gratitude, at which time she noted that she would like the Board’s permission
to look into some programs that many other counties in this State have used to
honor their veterans, which is in the form of grants that are given to veterans
that have been in combat zones, to help them with their ad valorem taxes. She stated that it will help them deal with
some of their financial issues and, once they return home, it will help them
get re-established in the community and financially get back on their
feet. She stated that there would be a
time limit on the grants and they would only go back to the year 2001, when,
after September 11th, the Country started sending its men and women
to combat zones. She stated that she
would also like to see the County show its appreciation to the veterans by
letting them ride the fixed route transit system for free, by providing them
with cards, allowing them to do so. She
stated that it would show the veterans in this County that the citizens
appreciate them and questioned whether the Board would be interested in having
staff look into some programs that might help its veterans.
It was the
consensus of the Board that staff do so.
CITIZEN
QUESTION AND COMMENT PERIOD
No one
present addressed the Board.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK