A REGULAR MEETING OF THE BOARD
OF
FEBRUARY 5, 2008
The Lake County Board of
INVOCATION AND PLEDGE
Mr. Sandy Minkoff,
AGENDA UPDATE
Ms. Cindy Hall,
Mr. Sandy Minkoff,
MINUTES APPROVAL
Commr. Renick stated that she had
some changes to the Minutes of January 8, 2008 (Regular Meeting), on Page 11,
Lines 12 and 13, changing the verbiage from “. . . she was having second
thoughts about obtaining LEED Certification” to “she was having second
thoughts about not pursuing LEED Certification;” and on Page 22,
Line 20, changing Tourist Development Council (TDC) to read Economic
Development Commission (EDC).
On a motion by Commr. Renick,
seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board
approved the Minutes of January 8, 2007 (Regular Meeting), as corrected; and
January 15, 2008 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hill,
seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board
approved the following requests:
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.
Annexation
Ordinance from the City of
Request to acknowledge receipt
of Annexation Ordinance No. 2007-17, from the City of Minneola, amending the
boundaries of the City limits, to include approximately 1,433+ acres of
property generally located north of CR 561A, on the north and south side of CR
455, in Lake County; setting forth amendments to the Sugarloaf Mountain Planned
Unit Development (PUD), Lake County Resolution No. 1994-147, to which the
property is subject; rezoning the property to PUD within the City of Minneola.
Notice of Application of
Transfer of the Water and Wastewater Systems of Fairways/Mt.Plymouth, Ltd.
Request
to acknowledge receipt of Notice of Application for Transfer of Water and
Wastewater Systems of Fairways/Mt. Plymouth, Ltd., a Non-Jurisdictional
Utility, to Aqua Utilities Florida, Inc. and for Amendment of Aqua Utilities
Florida, Inc.’s Water and Wastewater Certificates.
Notice is hereby given on the 2nd
day of January, 2008, pursuant to Section 367.071, Florida Statutes, of the
Application for Approval of Transfer of the Water and Wastewater Systems of Fairways/Mt.
Plymouth, Ltd., in Lake County, Florida, to Aqua Utilities Florida, Inc.(AUF),
and Amendment of AUF’s Certificate Nos. 106-W and 120-S. AUF does not propose
to change rates pursuant to this Application. The Fairways/Mt. Plymouth water
and wastewater systems provide service to the following described territory in
Any
objection to the Application must be made in writing and filed with the
Office of Commission Clerk,
Annexation
Ordinances from the City of
Request
to acknowledge receipt of Copy of Ordinance 2007-32 and 2007-034 from the City
of Fruitland Park adopted on January 10, 2008, annexing property into the City,
as follows:
Ordinance
2007-032 amending the boundaries of the City of Fruitland Park by including
within the City approximately 6.69 acres of property generally located west of
US Highway 441, on the north side of
Ordinance
2007-034 amending the boundaries of the City of Fruitland Park by including
within the City approximately 2.50 acres of property generally located at the
western most 1.25 acres of
Notice
of Public Hearing from St. Johns River Water Management District
Request
to acknowledge receipt of Notice of Public Hearing from St. Johns River Water
Management District for Tuesday, February 12, 2008, at 1:00 p.m. at District
Headquarters at
Annexation Ordinances from the
City of
Request
to acknowledge receipt of Ordinances from the City of Mount Dora adopted at its
regularly scheduled meeting held January 15, 2008, and taking effect
immediately, as follows:
Ordinance No. 2007-974, annexing
property located at the southeast corner of US Hwy 441 and
Ordinance No. 2007-965, annexing
property located east of
Ordinance No. 2007-968, annexing
property located on the northeast corner of US Hwy 441 and SR 44.
Ordinances from the Town of
Request to acknowledge receipt
of Ordinances from the Town of Lady Lake as follows:
Ordinance No. 2007-31 – Voluntary
annexing 5± acres of land owned by James W. Tyla, Trustee, located north of
Anderson Lane and West of Hwy. 27/441 (AK #1699142) into corporate limits of
Lady Lake; providing redefinition of land boundaries of Lady Lake; providing
for filing the ordinance; repealing all ordinances in conflict; providing for
severability; providing for an effective date; and providing for publication in
accordance with law.
Ordinance No. 2007-32 –
Pertaining to comprehensive planning; amending Ordinance No. 81-8-(83), which
established the Town of Lady Lake Comprehensive Plan; providing for small scale
future land use map amendment; providing for severability; and providing an
effective date.
Ordinance No. 2007-33 -
Redesignating zoning classification for property owned by James W. Tyla,
Trustee, located within the town limits of the Town of Lady Lake; rezoning
property located north of Anderson Lane and West of Highway 27/441 (AK#
1699142) from Lake Ag to Lady Lake Single-family Low Density Residential;
providing for severability; establishing an effective date.
Meeting Notice – Southwest
Florida Water Management District
Request to acknowledge receipt
of Meeting Notice – Southwest Florida Water Management District Governing Board
Meeting Agenda for January 29, 2008, to be held at 9:00 a.m. at
On a motion by Commr. Hill,
seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board
approved Tabs 3 through 14, pulling Tabs 3 and 7 as follows:
Growth Management Request
for approval of Satisfaction & Release of Fine Property Owner: May/Whitaker
Family Partnership, LTD. Code Case# 2005110152 - Commission District 4. Request for approval of low and very-low
income impact waivers as refunds to lenders on behalf of qualified individuals.
Commission Districts 1, 3, 4 and 5.
Procurement
Request
for approval of recommendation to approve the Second Addendum to amend the
original agreement for the purposes of adding in the contract requirements for
emergency relief program agreements.
Public
Safety
Request
for approval by the Lake County Board of
Public Works
Request
for approval to authorize the release of a maintenance bond in the amount of
$43,500.90 posted for
Request
for approval to authorize the execution of Resolution No. 2008-17 accepting the
following roads into the County Road Maintenance System: Luella Avenue (County
Road No. 8991F) from Georgia Street (County Road No. 8991B) to Pennsylvania
Street (County Road No. 8991), Jean Avenue “Part” (County Road No. 8991G) from
480 feet west of the intersection of Washington Street (County Road No. 8992B)
to Washington Street (County Road No. 8992B), Lake Street (County Road No.
8992F) from CR-42 to Poinsettia Avenue (County Road No. 8992D), Palm Street
(County Road No. 8992G) from CR-42 to Bougainvillea Avenue (County Road No.
8993), Pine Street (County Road No. 8992I) from Poinsettia Avenue (County Road
No. 8992D) to Hibiscus Avenue (County Road No. 8992A), and Lake Avenue (County
Road No. 8992H) from Veva Avenue (County Road No. 8991A) to Ohio Street (County
Road No. 8992C). Commission District 5.
Request
for approval to authorize the release of a maintenance bond in the amount of
$88,345.52 posted for Fairways at Mt. Plymouth Phase IV. Fairways at Mt.
Plymouth Phase IV consists of 53 lots and is located in Section 32, Township 19
South, Range 28 East. Commission District 4.
Request
for approval to authorize the acceptance of the final plat for Calhoun Manor
Estates and all areas dedicated to the public as shown on the Calhoun Manor
Estates plat. Calhoun Manor Estates consists of 7 lots and is located in
Section 27, Township 18 South, Range 27 East. Commission District 5.
Request
for approval of authorize the execution of Resolution No. 2008-18, revising Resolution 2008-2 accepting
Tourism
Request
for approval to authorize the execution of Resolution No. 2008-18, revising Resolution 2008-2 accepting
On
a motion by Commissioner Hill, seconded by Commr. Stewart, and carried
unanimously, by a 4-0 vote, the Board approved the following requests:
Request for approval of
Agreement with Lady Lake Cemetery Association, Inc. and Approval of Agreement
with Everett A. and Tara Kelly for right-of-way needed for the CR 466 Road
Widening Project. Commission District 5.
Employee Awards
The Chairman presented the
following Employee Awards, with Ms. Susan Irby, Employee Services Manager,
commenting briefly about each employee’s service to the County:
Presentation
of Award to Employees with Five Years of Service
Julius Anderson, Landfill
Attendant
Environmental Services/Solid Waste
Disposal Operations
Lisa Piper, Library Assistant
Community Services/Library
Services/Cooper Memorial Library
Donald King, Firefighter/EMT
Public Safety/Fire Rescue
Jay Ryon, Firefighter/EMT
Public Safety/Fire Rescue
Presentation
of Award to Employee with Ten Years of Service
Wendy Taylor, Executive Office
Manager
Presentation of Award to Employee with Twenty Years of Service
Edward Genter, Fire Lieutenant
/EMT
Public Safety/Fire Rescue
Susan Dugan, Senior Contracting
Officer
Procurement Services
Tom Osebold, Veterans Services
Director
Community Services/Veterans
Services
Randy Jones, Battalion Fire
Chief (NP)
Public Safety/Fire Rescue
EMPLOYEE
OF THE QUARTER
Debbie Fore, Recycling
Coordinator
Environmental Services
Special Programs
Recycling
SUPERVISOR
OF THE QUARTER
Jennifer Myers, Development
Review Supervisor
Growth Management
Planning & Community Design
Zoning
CUSTOMER
SERVICE AWARD
Niki Booth, Office Associate V
Steve Race, Fire Captain
Public Safety/Fire Rescue
Kathy Chaudoin, Office Associate
II
Growth Management
Zoning & Customer Service
Zoning
Magda
Contreras, Senior Graphic Artist (NP)
Information Outreach
Jennifer Myers, Development
Review Supervisor
Growth Management
Planning & Community Design
Zoning
INTRODUCTION
Commr. Cadwell introduced Mr. Brian Hurley, interning from
COMMUNITY
SERVICES
USDA
FOOD STAMP OUTREACH GRANT
Mr.
Fletcher Smith, Community Services Director, stated that Ms. Maria Granado,
Community Health Worker Manager, addressed the Board regarding the Community
Health for Elders; Education Resources & Services (CHEERS) Grant
Application.
Ms.
Granado stated that they were applying for a USDA Food Stamp Outreach Grant and
requested approval of the grant application in an amount of $75,000. She explained that this Outreach Project
would be targeted towards seniors with a goal to educate them about food stamp
service benefits similar to the KidCare Outreach Program.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 4-0 vote, the Board approved a grant application for the USDA Food Stamp
Program Outreach Grant in the amount of $75,000.
ECONOMIC GROWTH &
REDEVELOPMENT
JGI FUNDS AWARD FOR RESTOR AND
SUNDROP
Ms. Dottie Keedy, Economic
Growth & Redevelopment Director, explained that Tabs 17 and 18 were Jobs
Growth Investment Incentive Applications.
She stated that the first award requested was to Restor Telecom, Inc.
(Restor), located in Leesburg, which was in the business of repairing
telecommunication equipment. She
explained that the application was for an amount of $30,000.00 for the creation
of 15 qualifying positions. She commented
that the company was undergoing an expansion and was creating 34 positions of
which 15 would qualify for the JGI Award.
She stated that the salary range was approximately $35,000 - $80,000
annually, and that these jobs were paying at least 115% of the Average Annual
Wage for
Ms. Keedy also requested a Jobs
Growth Investment (JGI) Trust Fund award to Sundrop Systems, Inc., in the
amount of $49,000.00 for the creation of 15 qualifying positions. She stated that the salary range was
approximately $40,000 - $100,000 annually, and that these jobs were paying at
least 115% of the Average Annual Wage for
A lengthy discussion ensued
comparing the difference in the award amounts requested for Restor and Sundrop
when the numbers of qualifying positions were the same. The award requested for Restor (with a
capital investment of $2 million) was $30,000; while the award requested for
Sundrop (with a capital investment of only $500,000) would be higher at
$49,000.
Ms. Keedy explained that the
Incentive Categories were different in that Category I positions would pay
$2,500 - $4,000 per job created, and Category II positions would pay $2,000 per
job created. She mentioned that they do
not award the funds until the job is created and filled.
On a motion by Commr. Hill,
seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board
approved both the request for a JGI Trust Fund award to Restor Telecom, Inc.,
in the amount of $30,000 for the creation of 15 qualifying positions; and the
request for a JGI Trust Fund award to Sundrop Systems, Inc., in the amount of
$49,000 for the creation of 15 qualifying positions.
ENVIRONMENTAL SERVICES
RESOLUTION IN SUPPORT OF IBINI
TERA
Ms. Cathie McGwier, Laboratory
Supervisor and Adopt-a-Lake Program Coordinator with the Department of
Environmental Services, introduced Ms. Maryann Utegg, the St. John’s River
Water Management District’s WAV Coordinator.
She stated that Ms. Utegg had been in the Ibini Tera Project for the last
seven years; had served as the coordinator of the event for the last four
years; and was also a member of the Adopt-a-Lake team. She explained that the Ibini Tera Clean-up
was one of the activities that Adopt-a-Lake participants were encouraged to
attend.
Ms. Maryann Utegg, addressed the
Board and requested approval of Resolution No. 2008-19 in support of Ibini
Tera. She explained the meaning of Ibini
Tera as water without silt, or clean water, which is the focus of the lakes
clean-up annual event which began about 12 years ago as the
On a motion by Commr. Hill,
seconded by Commr. Stewart and unanimously carried by a 4-0 vote, the Board
approved Resolution No. 2008-19, declaring March 1, 2008, as Ibini Tera Day.
BUDGET AMENDMENT – SOUTH
UMATILLA WATER SYSTEM
Mr. Daryl Smith, Environmental
Services Director, requested approval of the submitted Budget Amendment, in the
amount of $65,900, to provide for the first year of operation of the South
Umatilla Water System and to hire a consultant to evaluate the long-term needs
of the System. He referred to a Position
Paper submitted with the Agenda Item which described the status of the water
system. He stated that when the system
was taken over in October they discovered that there were no water meters; the
location of the water mains was uncertain; there were no comprehensive customer
lists; no drawings on the water mains; it was uncertain if there were valves on
all the connections; and many other issues.
He explained that only 60% of the customers pay their bills at the
present because they had not had their water shutoff in the past for lack of
payment. He stated that they have a
temporary Consumptive Use Permit (CUP) on the water system and were working
with
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board
approved the Budget Amendment, in the amount of $65,900, to provide for the
first year of operation of the South Umatilla Water System and to hire a
consultant to evaluate the long-term needs of the system.
GROWTH MANAGEMENT
SALES AGREEMENT BETWEEN
Mr. David Hansen, Public Lands
Manager, requested the approval of a Purchase and Sales Agreement between
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board
approved the Purchase and Sales Agreement between Lake County and Martone
Realty Corporation for approximately 46 acres on SR 44.
PROCUREMENT
CONTRACT WITH AAGARD MCNARY
CONSTRUCTION, INC.
Mr. Barnett Schwartzman, Procurement
Services Director, requested approval of the recommendation that Aagard McNary
Construction, Inc., be awarded a contract in the amount of $172,800.00 for
ITB#08-0207, construction of a Boardwalk and Observation Decks for
On
a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a
4-0 vote, the Board approved the recommendation that Aagard McNary
Construction, Inc., be awarded a contract in the amount of $172,800.00 for
ITB#08-0207, construction of a Boardwalk and Observation Decks for
CONTRACT
WITH REYNOLDS INLINER, LLC
Mr.
Barnett Schwartzman requested approval of the low bid recommendation to award
and execute the contract with Reynolds Inliner, LLC, for the rehabilitation of
storm water pipes using the cured-in-place pipe method in the amount of
$536,355.00, to be funded from storm water improvements.
On a motion by Commr. Renick,
seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board
approved the recommendation to award and execute the contract with Reynolds
Inliner, LLC, for the rehabilitation of storm water pipes using the
cured-in-place pipe method in the amount of $536,355.00.
PUBLIC HEARING
FY 2006-07 CONSOLIDATED ANNUAL
PERFORMANCE REPORT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mr.
William Gearing, Jr., Community Enhancement Coordinator with Community Services
addressed the Board and presented the FY 2006-07 Consolidated Annual
Performance and Evaluation Report (CAPER).
He explained that the CAPER was an outline of last year’s performance of
the Community Development Block Grant Program (CDBG). He commented that as required by the U.S.
Department of Housing and Urban Development, the CAPER had been available both
in his office and on their website for the last fifteen days. He reported that today was a public forum for
local residents to make any comments regarding the CAPER.
Mr. Gearing presented a PowerPoint presentation showing how
the CDBG funds were used during the last fiscal year. He reviewed the CAPER activities as shown in
the presentation with total committed funds of $1,173,809 and expenditures of
$566,880. He then explained the CDBG
accomplishments for the past fiscal year as follows:
o
Completed
the fifth phase of the
o
Completed
the City of
o
Completed
the park projects in Astatula and Montverde;
o
Completed
some road resurfacing in the Town of Lady Lake;
o
Progress
was made on the
o
Partnered
with the Health Department to provide prescription assistance for 300 low
income individuals;
o
Partnered
with Mid-Florida Community Services to provide weekend meals to 17 homebound
senior citizens, and to provide weekly transportation services to 12 citizens
to meal sites; and
o
Assisted
with funding for victims of the Groundhog Day tornados that either lost their
homes completely or had major damages in both the
Mr.
Gearing stated that they could not have accomplished these projects without the
help of numerous county departments, the cities involved, and various outside
organizations listed in the presentation.
Commr.
Cadwell stated that since creating the Community Enhancement Coordinator
position he had received numerous positive comments from communities who had
previously felt isolated because they had no one to whom they could address
community-wide problems. Commr. Cadwell
stated that he appreciated the fine job being done by Mr. Gearing.
The
Chairman opened the public hearing.
There
being no one 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 4-0 vote, the Board approved the FY 2006-07 Consolidated Annual Performance
Report for the Community Development Block Grant Program.
OTHER
BUSINESS
Chairman
Cadwell stated that the Board of Building Examiners had a vacant position to
complete an unexpired term. He
recommended that Mr. Mark Jones, roofing and building contractor, fill that position.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 4-0 vote, the Board approved the appointment of Mr. Mark Jones to complete an
unexpired term ending January 14, 2011, with the Board of Building Examiners.
Public
Works
Mr.
Jim Stivender, Public Works Director, presented an evaluation of the connector
in The Vistas subdivision to show what had been done since it opened and how
traffic counts in the area had changed.
He presented a Traffic Volume Survey dated January 2008 and distributed
a hard copy to the Board. He reported
that historically, traffic counts south of the bridge on
Mr. Stivender explained that a decision was made in 2004 not
to vacate the road, but to install barricades to determine their effects. He explained that at that time there was
cut-through traffic in the neighborhood which came to a signal across from
Chairman Cadwell explained that this was not a public hearing
but that they would give everyone an opportunity to present their position and
asked that the representative for The Vistas Homeowners’ Association (HOA)
present his opinion first.
Mr. Robert L. Case, from the law firm of Stovash, Case &
Tingley, P.A., in
Mr. Case referred to Tab 1 in the booklet showing the layout
of the subdivision, and explained that these houses have their driveways facing
the major spine road which is a unique situation in
Mr. Case referred to Tab 5 which was based on information
provided over the years by Mr. Stivender.
The information reflects the numbers of vehicles traveling
Mr. Case stated that to avoid the slippery slope issue, this
closure would be unique in that there is not another neighborhood in South Lake
County bordering on a major highway (US 27) and a major road (Lake Louisa
Road), having a cut-through. He commented that
the single ingress and egress issue should not be a problem given the fact a
recently built subdivision had a single ingress and egress and was bordered by
the same roads.
Mr. Case stated that in August 2006 Commr. Pool made the
motion to close this road and keep it closed.
He stated that if the determination of permanent closure rests upon the
Association footing the bill 100%, they would be willing to do so, and would
ask for the road to be permanently closed.
Chairman Cadwell opened the floor for those wishing to
address the Board regarding this issue.
--------------------
Ms. Nancy Madden from The Vistas addressed the Board stating
that contrary to the report that 90% of the homeowners were for permanent
closing, there were many in the subdivision that did not approve. She explained that the main focus had always
been safety, and that they had petitions and letters from residents along the
corridor stating that the barricades greatly effect emergency response time.
------------------
Mr. Tom Madden explained that it takes approximately 2.5
minutes, going the speed limit, to go around the subdivision and that to drive through the subdivision starting
where the barricade stands, at 25 mph; going over three speed tables; stopping
at the stop sign; and proceeding to the intersection, it takes 2.5
minutes. He explained that perhaps if
the barricade came down some people would come through the neighborhood, but
they would quickly find it would be faster and less difficult to go around the
neighborhood. He stated further that
trash trucks, people walking and children waiting for buses, may deter people
from cutting through the neighborhood as it would be far easier to go around.
--------------------
Mr.
Madden stated that when the residents purchased their homes in The Vistas they
had a deeded lot across from
--------------------
Ms. Madden stated that there was a difference of 2000 cars
that go from the one point to where they would make the left turn. She stated there were almost 200 homes at
that intersection and that the people in Lake Louisa Pointe do not make a right
turn out of their subdivision and cut up Vista Del Lago, and that they are a
big percent of the 71% mentioned earlier. There is no advantage for them going
back up
--------------------
Mr. Yahya Kiawan, a resident of The Vistas since 1992,
addressed the Board and stated that he owned five lots in the subdivision and
had not been given an opportunity to sign or pass on the petition. He commented that he had four children
ranging in age from seven to fifteen years and that some have to get up as
early as 7 a.m. in the fog just to go to school on the other side of Lake
Louise. He mentioned that they no longer
have access to the lot on the lake, and made suggestions for improving safety
on the road by installing sidewalks and additional speed bumps. He stated that the road had been open since
1988 without accidents, and that he is having it closed.
--------------------
Ms. Mary Robertson, a resident of The Vistas, stated that
she did not have children in The Vistas but her grandchildren visit her and
that safety is a major concern to her and everyone in the neighborhood. She explained that she and her husband
purchased a home in The Vistas because they
loved the idea of being able to go to the lake.
She stated, however, that very shortly after they moved in they realized
how incredibly unsafe the neighborhood was with Vista Del Lago being open. She commented that they were more than
willing to give up the luxury of being able to walk to the lake for the safety
of the community. She mentioned there are no
sidewalks or curbs in the neighborhood and that the children have wet clothes
from sitting on the grass waiting for the school bus. When the Board agreed to close the road, it
was done for safety reasons with the realization it would set a precedent, but
the community’s safety at The Vistas was important enough to see what would
happen because of it.
As a result of the closure, she stated that the kids came out,
they rode their bikes and skateboards, and people started walking their dogs. She stated
that one neighbor is in a motorized wheelchair and is able to go to Walgreens to
get his supplies, but if the road were opened he would not be able to do
so. She mentioned that if the barricade
were removed, the majority of the traffic would be zipping through during the
hours people were going to and from work as well as when the children were
going to and from school. She questioned
many people whether they would use Vista Del Lago as a cut-through if it were
opened again, and their response was “in a heartbeat” because it was faster. She asked the Board to seriously consider leaving
the road closed.
--------------------
Ms. Anne Marie Fasano, a resident of The Vistas for eleven
years, has two children who attend Pine Ridge Elementary. She stated that it would be wonderful to take
the shortcut and drive to Pine Ridge, but it is worth the extra five minutes to
go around for safety purposes. She
stated that without the barricade it would not be safe for their children would
be unable to ride their bikes or roller skate to a neighbor’s house. She asked the Board to keep the neighborhood
the way it was.
--------------------
Mr. Arnold Theodore Bellville, former President of The
Vistas HOA in 2004, wanted to make sure everyone understood what the HOA Board
had done, that it was an elected board and had a responsibility to the
community. He stated that during his
tenure it was the desire of the entire HOA to close this subdivision on one end
or put in a gate. He stated that a
questionnaire was sent out that had three options, the last of which was to
leave it open and basically the numbers referred
to earlier today were from that sampling in 2004. He stated that he did not believe anyone
could say that the opinion of the HOA or the community has changed. He commented that ensuring public safety was
an issue. In that regard, he mentioned
that there is an agreement between the County and City with Fire/Rescue, and
that the HOA have paid the County to have an officer in the subdivision. He stated that there was an opportunity for
the improvement of the subdivision, for people to have a safe environment
there, and that does includes the roadways, the response of the Sheriff’s
office and public service areas. He felt
that with all these things being considered, none of the goals or responsibilities
could be met without a permanent closure of this road.
-------------------
Ms. Susan Shook bought her home on Vista Del Lago in 2004
just before the road was closed. The
first day she moved in she walked to Walgreens on the grass because any time
she walked on the pavement she was almost run over by a truck or car going
through in the evening after rush hour traffic.
She stated that she could not back her truck out of the garage nor could
she go for a run in the morning, or ride her bike out of the neighborhood as it
was very risky. She began to question
why she had purchased a home in this neighborhood when she was awakened by
trucks at 7:00 a.m. She stated that the
roads were very narrow and she once saw two trucks passing each other and they
actually took each other’s wing mirrors off.
She explained that when the road was closed in June 2004 it was like
night and day – all of a sudden she could go for a run in the morning, ride her
bike, and back out of her garage. She
stated that this has been her experience, and having the road closed has a made
a huge difference with the traffic in their neighborhood. She asked the Board to consider carefully
their decision.
--------------------
Mr. Donald Barnes, a resident of The Vistas for 13 years,
stated that he recently had both knees replaced and that the doctor required
him to walk for exercise. He stated that
Vista Del Lago is the only place they have to walk and asked that the road
remain closed. He stated that at a
meeting in November 2006 the Director of Public Safety said that the reaction
time for the police and fire departments was negligible with the road being
opened or closed. He asked that the road
remain closed.
--------------------
Ms. Nancy Madden reminded everyone that the reason they
closed the road initially had nothing to do with safety, it was because they
needed a traffic count to get the light at 27.
She stated that at the time of that meeting it was said that the road
would not be permanently closed. She
again suggested considering everyone’s view and asked that there should be a
compromise.
--------------------
Commr. Cadwell stated that he was usually against closing a
public road. However, he stated that in
order to be used as a connector road it should be a true boulevard and that was
not the way this road was built and was something they were unable to
change. He commented that this road
caused an unsafe atmosphere and it changed the makeup of the community with so
much traffic going through it. He had
concerns about the berm and access to that lot, and suggested that if a berm
was put in place they could ask the HOA to install a couple of bike racks for
accessibility to the lake. He stated
further that the initial design of the road kept it from being any advantage to
the transportation system.
A
full and thorough discussion of whether or not to permanently close Vista Del
Lago ensued among the Commissioners. The
issues discussed regarded traffic count, safety, use of the road as a
cut-through route if opened, uniqueness of the neighborhood, installation of an
earthen berm, installation of bicycle racks, not vacating the right-of-way, as
well as the cost of improving the road if it were opened.
On a motion by Commr. Renick, seconded by Commr. Hill and
carried unanimously by a 4-0 vote, the Board approved that Vista Del Lago would
remain barricaded with the understanding that it would not be a permanent
closure; that an earthen berm could be used for that purpose, if Public Works
saw fit, including bike racks; and that the expense would be borne by the
Homeowners’ Association of The Vistas.
RECESS AND REASSEMBLY
At 11:10 a.m., the Chairman announced that the Board would recess for 10 minutes.
ADDENDUM 1 – II – CR 466 ROAD
WIDENING PROJECT
Mr. Sandy Minkoff,
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-20 instituting eminent domain proceedings for acquisition of property located along the CR 466 – Segment A Road Widening Project, and approval to proceed with pre-suit negotiation offers.
CITIZEN QUESTION AND COMMENT
PERIOD
Mr.
Roy Hunter of the Northeast Lake Chamber of Commerce stated that his reason for
addressing the Board was because he knew they were against Niagara Bottling
Company locating in
REPORTS
-
ADDENDUM
NO. 2 – I AMENDMENT 1 –
Ms.
Cindy Hall,
Commr. Cadwell commented that on those occasions where they
had a full meeting day, they had accomplished quite a bit and thought that
could be a good omen. Regarding the
portability issue, he stated that they support portability as long as it stayed
in the same county because they thought it would
be a wash. He stated that would be a
challenge, and did not know how they were going to predict how it would work.
Commr.
Hill asked if they could meet with the Property Appraiser regarding the taxable
value for the school staying the same - there is no loss or value being extracted
and the millage is the same, but they show an estimated dollar loss.
Ms.
Hall commented that was due to the $25,000 exemption on the tangible personal
property and, therefore, they would have a reduction for that purpose.
Commr. Cadwell questioned if he and the
It was a general consensus of the Board that Commr. Cadwell
and Ms. Hall meet with the Constitutional Officers.
REPORTS
– COMMISSIONER RENICK – DISTRICT 2
Commr. Renick questioned whether they can give preferences
to
Commr. Cadwell stated that matter should be discussed during
the Economic Strategic Plan. He commented that during the economic
development discussion there might be a recommendation for a procurement policy
at which time it could be addressed.
Commr. Cadwell asked Ms. Cindy Hall to research whether
preferences can be given to
REPORTS – COMMISSIONER CADWELL – DISTRICT 5
Commr.
Cadwell stated that Mr. Sean Parks was resigning from the Local Planning Agency
(LPA) and would leave a vacancy of the At-Large seat which was being advertised
until February 15. He stated that he
noticed that Mr. Bill Benham, a farmer who owns a large amount of agricultural
property, had applied for the seat, and after reviewing the makeup of the LPA
Board, he thought Mr. Benham would be a good fit. He asked if the Board would like to address
the appointment now or wait until the end of the advertising period.
Members
of the Board commented that they had not seen the applications, therefore, Commr.
Cadwell stated that he would bring the appointment of the At-Large
Representative of the LPA back at the next meeting.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK