A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 5, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, February 5, 2008, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick; and Linda Stewart.  Commissioner Debbie Stivender was not present, due to illness.  Others present were:  Sanford A. (Sandy) Minkoff, County Attorney, Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Ellie McDonald, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that she had two Addendums to the Agenda.  She stated that Addendum 1-I regarded the discussion on the Vista Del Lago barricades, and Addendum 1-II was related to issues on eminent domain on CR 466.  Addendum II, she would like to give some very brief information about the impact of the property tax Amendment 1 issue.  She would also like to pull Tabs 3 and 7 under Consent as they were going to look into those further.

Mr. Sandy Minkoff, County Attorney, stated that Tab 26 should be postponed and be brought back at a later date.

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 Minneola

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 Lake County, Florida.

            Any objection to the Application must be made in writing and filed with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Kenneth A. Hoffman, Esquire, Rutledge, Ecenia, Purnell & Hoffman, P.A., P. O. Box 551, Tallahassee, Florida 32302, within 30 days from the date of this Notice.  The objection must state the grounds for the objection with particularity.

            Annexation Ordinances from the City of Fruitland Park

            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 Shiloh Street, and west of Dixie Avenue and rezoning the property from County A (Agriculture) and LM (Light Industrial) to PFD (Public Facilities District).

            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 35347 Micro Racetrack Road and 35333 Micro Racetrack Road, rezoning the property from County Agriculture (A) to General Commercial (C-2).

            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 4049 Reid Street, Palatka, to approve the District’s Florida Forever Work Plan Annual Update as part of the District’s Consolidated Report.

            Annexation Ordinances from the City of Mount Dora

            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 Wolf Branch Road.

Ordinance No. 2007-965, annexing property located east of Plymouth Avenue and south of First Avenue.

Ordinance No. 2007-968, annexing property located on the northeast corner of US Hwy 441 and SR 44.

Ordinances from the Town of Lady Lake

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 2379 Broad Street, Brooksville, Florida; and Approved Minutes of Approved Minutes of the Meeting of the Governing Board held on November 26, 2007 in Tampa.

            COUNTY MANAGER’S CONSENT AGENDA

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 County Commissioners for Lake County's County Manager to: (1) apply for grant funds in the amount of $360,000; and (2) approve minor grant modifications through the Emergency Management Preparedness and Assistance (EMPA) Competitive Grant Program.

Public Works

            Request for approval to authorize the release of a maintenance bond in the amount of $43,500.90 posted for Addison Place. Addison Place consists of 57 lots and is located in Section 21, Township 19 South, Range 27 East. Commission District 4.

            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 Garrett Place into the Lake County Road Maintenance System. Garrett Place consists of 10 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5.

            Tourism

            Request for approval to authorize the execution of Resolution No. 2008-18, revising Resolution 2008-2 accepting Garrett Place into the Lake County Road Maintenance System. Garrett Place consists of 10 lots and is located in Section 31, Township 18 South, Range 26 East. Commission District 5.

COUNTY ATTORNEY’S CONSENT AGENDA

            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

County 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

County Manager

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 Leadership Lake County, who was attending today’s meeting to experience government firsthand.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            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 Lake County (or at least $16.80 per hour) for Incentive Category II – Service/Distribution Companies at $2,000 per job created.

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 Lake County (or at least $16.80 per hour) for Incentive Category I - Manufacturing Companies at $2,500.00 to $4,000.00 per job created.

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 St. John’s River Celebration.  Lake County began the celebration in the form of Ibini Tera about seven years ago and was funded by the Daily Commercial, the City of Leesburg, Progress Energy, and the Lake County Water Authority.  She reported that the celebration this year was scheduled for Saturday, March 1, and would be held at twelve different sites throughout the county as noted on the flyer distributed to the members of the Board.  Following the clean-up event from 8 am – 11 am, everyone will join together at Hickory Point at noon for a barbeque, awards celebration, music, and exhibits from the community group.  She asked everyone to join with the 200 volunteers throughout the county to help clean the lakes.

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 St. John’s to secure a permanent one.  He reported that for the first year of operation this budget amendment provides $10,000 for ongoing routine operation of the system by a private contractor; another $10,000 for repairing leaks as they appear; $10,000 to work on the actual lines in the system; and $30,000 to hire a consultant to evaluate the system and determine if they are in compliance with regulations. The consultant would then present recommendations to the Board for a decision regarding the system long term.

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 LAKE COUNTY AND MARTONE REALTY

Mr. David Hansen, Public Lands Manager, requested the approval of a Purchase and Sales Agreement between Lake County and Martone Realty Corporation for approximately 46 acres on SR 44.  He presented an aerial map showing the location of the property fronting SR 44 with the recently acquired Peavy/Cardinal Home property adjoining to the east and south, noting that the Peavy parcel of about 82.5 acres adjoins the Seminole State Forest.

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 Twin Lakes Park in Leesburg.  He stated that because of the dollar amount and a formal protest from the second low bidder, this was a departmental item.  He explained that the second low bidder had alleged that the low bidder was not qualified or experienced enough to do the job.  He commented that there was no reason to sustain the protest because the low bidder was working on a project for them at the present time and doing a good job.

            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 Twin Lakes Park in Leesburg.

            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 Lake Kathryn Road roadway improvements which were funded the previous year, and was scheduled to be completed in FY 05-06, thus Phase 6 of the project was delayed.  He stated that that they now have a contract on Phase 6 and work should begin soon and be completed this year;

o       Completed the City of Tavares beautification project on West Main Street;

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 Ferndale restrooms project;

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 Lady Lake and Lake Mack areas, and helped with repairs or down payments.

            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.

            ADDENDUM I. – BARRICADES IN THE VISTAS SUBDIVISION

            COUNTY MANAGER’S DEPARTMENTAL AGENDA (CONT’D.)

            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 Lakeshore Drive had grown to 12,000 – 13,000 cars a day which created a very difficult situation on the scenic highway to the north.  He stated that at the same time, traffic counts on Lake Louisa Road had been in the range of 3000 – 4000 cars in the west end and had increased to a range of 5000 cars at the US 27 intersection.  He stated that as soon as the connector opened they took traffic counts and reported they had up to 8000 cars a day in that area.  He reported that 40% of the traffic immediately dropped off Lakeshore Drive, but they were not sure what effects that would have on this corridor.  At the far intersection they saw a drop of about 10% in the traffic.  He stated that in another year they would begin taking counts on a quarterly basis to assess the effects since traffic patterns were ever changing.

            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 Hartwood Marsh Road; there was a Publix and other shopping facilities in the area; and there was no signal at Lake Louisa Road and US 27.  After the barricades were in place, there was a drop in traffic going through the subdivision from 3100 to 1300 cars a day.  He explained that at the same time, traffic increased at Lake Louisa Road from 3300 to 5000 cars a day, warranting a traffic signal which was now in place.  He then explained and discussed fully the Vista Del Lago Traffic Projection going through the historic and recent traffic counts at Lake Louisa Road and US 27.  In order to figure out what would happen afterwards, he stated that they validated that 71% of the traffic at the intersection of Lake Louisa Road and US 27 make left turns, heading north; many of them shop in the area or go to work using Hartwood Marsh Road; and that 29% were going south.  He stated that if the barricades were taken out they assumed that the impact would not be as dramatic as before because one of the biggest complaints from the people using it as a cut-through was that there was no light.  He explained that a light is a safety feature and previously the only light in the area was the intersection they were utilizing before.  Being conservative they said that 1/3 of the left turns would, in fact, go through the subdivision.  Since the principle access was US 27 it was estimated that 2400 cars a day would be going in and out at US 27.  He commented that between the combination of through traffic and people wanting to exit south out of the subdivision and go down to that light, it was estimated that 1345 cars would go out the back end.  He remarked that it was assumed there were people in the subdivision that would leave out the backdoor and come in that way, and would also assume there was through traffic.  He commented that they estimated there was substantially more interest in going out US 27 from internal and the through trips than the other way, which was true 4-5 years ago when it was barricaded.  Mr. Stivender concluded his presentation stating that there were people from the Homeowners’ Association here to present their case for discussing the decision on barricades in/barricades out.

            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 Orlando, addressed the Board representing The Vistas Homeowners’ Association (HOA) and distributed a bound booklet entitled Vista Del Lago Boulevard Intersection Road Closure, February 5, 2008.  He stated that the community members at this Board meeting were here to show support of the continued permanent closure of this particular intersection.  He stated that he had spoken with all of the Commissioners over a period of time, and wished to go through the technical aspects of having this road closed.  He stated that several of the residents would address the Board with regard to the emotional aspects of having the road closed.

            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 Lake County.  He mentioned that under the County Code this was a neighborhood connector road designed to carry about 1500 vehicles per day with a small leeway for additional vehicles.  He stated that the backend of the community was currently closed.  If a neighborhood were built now it would not have a neighborhood connector road with driveways abutting onto it. He noted that there were no sidewalks in the neighborhood.  He stated that the intersection in question “Vista Del Lago Boulevard” is the one they want to have closed.  He informed the Board that the road is only 18’ wide and in order to increase it to 24’ wide, according to Mr. Stivender, it would cost the County approximately $276,000.  He explained that the homeowners originally wanted a gate or fence to close the road, but that was not feasible and that they were agreeable to having a berm to keep the road closed in order to keep their sense of community, and the safety they had enjoyed for the last four years.  He commented that they could walk over the berm to get to the lake, and it would allow emergency vehicles to drive over it.  He referred to Crescent Lake Club and Spring Valley as having roads closed.  He explained that 1,983 vehicles a day went through Spring Valley creating a cut-through problem and that figure justified the closure of Roper Boulevard.  He commented that recently Mr. Stivender stated that a conservative number going through Vista Del Lago at the US 27 intersection was approximately 2400 vehicles a day.  Mr. Case commented that if roads could be closed based on just under 2000 cars, then just fewer than 2500 should also justify closure.  He mentioned that according to the Petition Summary dated October 11, 2007, out of 85.4% of the homes contacted in The Vistas, 97.5% signed the petition in favor of continued closure.

            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 Lake Louisa Road, and Vista Del Lago, the cut-through traffic based on history and assumptions, and the total number of vehicles on Vista Del Lago if it were re-opened.  Mr. Case stated that when adding the possible cut-through traffic of 1700 additional cars per day to the 1205 cars per day on Vista Del Lago, if re-opened, it would be hard for the residents to get out of their driveway which was the situation before the closure.  He stated that additionally, the community residents were concerned about safety of the children in general; school children waiting on the side of the road for the bus; residents walking for leisure, exercise, or walking their pets; and the elderly residents’ enjoyment of the community.

            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.

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            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.

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            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.

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            Mr. Madden stated that when the residents purchased their homes in The Vistas they had a deeded lot across from Lake Louisa Road giving them access to the lake and that the barricade cuts that off and they cannot drive down that lot.  He stated that they bought on a cul-de-sac with easy access to Lake Louisa Road because it provided a way to go in one direction and another way to go in the other direction and that access was also taken away.

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            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 Lake Louisa Road to cut through her neighborhood.  She stated that about 1/3 of this 2000 count (just taking into consideration those turning on Lake Louisa Road) would never go back up and cut through the neighborhood because they have a short cycle traffic light.  She thought that the number was greatly exaggerated, although she could understand how they got to it.  She explained that she felt they did not consider all the cars that would be coming out of Lake Louisa Pointe.  She made a comment that at one time she had questioned Mr. Stivender regarding the traffic count wanting to know who was right and who was wrong.  She said she thought the traffic would decrease and Mr. Stivender felt traffic would increase.  She mentioned that he responded by saying the only way to find out was to open the road.  She stated she was speaking on behalf of those who in and around the area who indicated they did not wish to use the road as a cut-through. She remarked that if someone needed the police in the next subdivision they would have to go all the way around if the road were not opened.  She mentioned that she had spoken with around fifteen police officers who had been in the neighborhood for one reason or another who said it was like Russian roulette trying to get around.  She stated that the HOA had refused to work with the residents who would like the road open.  She asked that if they were not going to open the road permanently, would they at least open it for a year to determine what the count would be and what would happen.

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            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.

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            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.

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            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.

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            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.

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            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.

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            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.

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            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.

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            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, County Attorney, requested approval of Resolution No. 2008-20 instituting eminent domain proceedings for acquisition of property located along CR 466 – Segment A, which is from the Sumter County line to about 150 feet east of Rolling Acres Road beyond the intersection.  He stated that Segment B would be brought to the Board within the next 30-45 days which goes from Rolling Acres Road across US 27 and includes a small portion on the east side of US 27 where they need turn lanes.  He stated that while they have done eminent domain previously, this was the first large-scale project they have undertaken.  He mentioned that they were looking at approximately 50+ property owners, with 150 different interests.  He explained that some of the parcels in this Resolution have already been sold to them; however, it was probable that a suit would be filed in eminent domain to claim the rest of them because this was a TRIP funded project.  He reported that the TRIP Agreement had been signed by DOT within the last week and they have obtained The Villages contribution which puts them on a fast track.  He stated that his office has committed with Public Works to have the right-of-way by August so that construction can start on this first segment sometime this fall.  He commented that they were working very hard to avoid eminent domain by obtaining contracts and meeting with property owners, and will continue to do so; however, it was likely that in about 45 days they would be going forward with litigation if the Resolution was approved today.

            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 Lake County.  He stated that the position of the Chamber was unanimously against Niagara Bottling Company moving here, and would like to invite everyone to attend a meeting to support their efforts to prevent Niagara from coming to Lake County.  He stated that the meeting was scheduled to be held at Spring Creek Elementary School, 44440 Spring Lake Road, Paisley, Florida, on February 14, 2008, at 6:30 p.m. and urged everyone to attend.

            REPORTS - COUNTY MANAGER

            ADDENDUM NO. 2 – I  AMENDMENT 1 – HOMESTEAD EXEMPTION

            Ms. Cindy Hall, County Manager, stated that she would like to update the Board on the impacts thus far from the Constitutional Amendment that passed last week.  She reported that the Property Appraiser’s Office had prepared a chart which she had disbursed, on their estimate of the additional $25,000 homestead, as well as the tangible personal property exemption for businesses.  She stated that the chart indicated the dollar values they will be working with throughout the budget process.  She informed that Board that they currently have 32 vacant positions which they are holding vacant and as the year proceeds they will also fall into the vacancy category.  She stated that they would be looking at all expenditures for the rest of this year to come up with some ideas to bring back to the Board.  She referred to the chart mentioning that the impact of portability was not included so that would be some additional dollars that they would be working with as far as reduction.  She explained that she originally thought they would start working with the Board on this by February 12, but that date was not good for everyone and suggested a workshop be scheduled at the Board Meeting on February 26.  She stated that even though it was a zoning day, as well as the Strategic Plan for Economic Development, it would give them the opportunity to communicate some of the items to be considered in the budget process.  She commented that the Amendment addressed the taxable values of properties, but not the millage calculation, which is very complex, and effects the calculation of the rollback millage.  She stated that Mr. Doug Krueger, Budget Director, was compiling charts with examples of how millage calculations were different.  She asked the Board if the February 26 date was acceptable for a workshop and if so, they would prepare to discuss these items at that time.

            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 County Manager should meet with the Constitutional Officers on behalf of the Board to obtain their thoughts, and invite them to participate with the Board in any discussions regarding this issue.

            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 Lake County businesses when going through procurement.

            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 Lake County businesses when going through Procurement.

            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.

 

 

 

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                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK