A
REGULAR MEETING OF THE BOARD OF
AUGUST
19, 2008
The
Lake County Board of
INVOCATION
AND PLEDGE
Reverend
Karen Burris,
TROPICAL
STORM FAY UPDATE
Mr.
Tom Carpenter, Emergency Management Director, addressed the Board stating that
the storm track had moved further east and it appeared that the center would
track over western
AGENDA
UPDATE
There
were no changes or updates to the Agenda.
MINUTE
APPROVAL
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of July 15, 2008 (Regular Meeting), as presented; July 15,
2008 Value Adjustment Board (Organizational Meeting), as corrected, and July
22, 2008 (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 Clerk of Courts’ Consent Agenda, Tab 2,
Items 1 through 7, as follows:
List
of Warrants
Request to acknowledge receipt of list of
warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the
Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board
Support Division of the Clerk's Office.
Monthly Distribution of Revenue
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending July 31, 2008, in the amount of $193,164.56. Same period last year: $191,383.41.
Notice before the
Request
to acknowledge receipt of Notice before the Florida Public Service Commission
– In re: Application for staff assisted rate case in
City of
Request to acknowledge
receipt of City of
Russel Property / Founders Ridge, Inc.
+/- 1.8 acres – located on the northeast corner at the intersection of US
Highway 27 and
Notice before the
Request to acknowledge
receipt of Notice Before the Florida Public Service Commission:
Order Suspending Net Metering
Tariffs Filed Respectively by Tampa Electric Company, Progress Energy Florida,
Inc., Gulf Power Company, Florida Power & Light Company, and Florida Public
Utilities Company. Docket No.’s
080255-EI, 080257-EI, 080260-EI, 080265-EI, and 080294-EI. Order No. PSC-08-0468-PCO-EI Issued July 21,
2008.
Notice before the
Request
to acknowledge receipt of Notice Before the Florida Public
Service Commission: Notice of Commission Service Hearing to Aqua
Utilities Florida, Inc., The Office of Public Counsel and all other interested
persons, Docket No. 080121-WS.
Re:
Application for Increase in Water and Wastewater Rates in Alachua,
Brevard, Desoto, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk,
Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities
Florida, Inc.
Notice of service hearing in the
above docket on the rates and charges of Aqua Utilities, Inc. on Friday, August
22, 2008 at 4:00 p.m. at
Unclaimed
Excess Proceeds for Tax Deeds
Request to acknowledge
receipt of Unclaimed excess proceeds for tax deeds totaling
$106,161.33.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved the
Budget
Request for approval of the following Budget Change
Requests and Unanticipated Revenue Requests:
Capital Substitution – Landfill
Budget Transfer – General Fund,
Constitutional Offices/Supervisor of Elections.
Transfer funds between line items to cover unexpected expenses due to
the State of
Budget Transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division, Facilities Maintenance Section. Transfer $26,692 from Professional Services to In-House Support Law Enforcement (Project 80100 – Sheriff’s South District Sub-Station). This transfer will move the expenditures and encumbered amounts for the Sheriff’s South District Sub-Station to provide the necessary budget in the target account. Funds are currently budgeted in Professional Services in the Facilities Administration Division.
Resolution No. 2008-114 to amend the General Fund in order to
receive unanticipated revenue for Fiscal Year 2007-08 in the amount of $1,500
deposited into the Community Health Worker Program and provide appropriations
for the disbursement for Promotional Activities ($480), Office Supplies ($360),
Books, Publications and Dues ($500), and Other Current Charges and Obligations
($160).
Resolution No. 2008-115 to amend the
General Fund in order to receive unanticipated revenue for Fiscal Year 2007-08
in the amount of $1,000 deposited into the Community Health Worker Program and
provide appropriations for the disbursement for Promotional Activities ($480),
Books, Publications and Dues ($500), and Other Current Charges and Obligations
($20).
Community Services
Request for approval and signature of SirsiDynix Master Software License and Services Agreement.
Employee Services
Request for approval of the period
April 1, 2008-June 30, 2008 unemployment compensation invoice. This invoice exceeds the
Request for approval of $40,653.70 Property & Liability claim settlement for claimant Stanislaw Nowakowski.
Procurement Services
Request
for approval to (1) declare the items on the submitted lists surplus to County
needs, (2) authorize the removal of all of the items on the submitted lists from
the County’s official fixed asset inventory system records, and (3) authorize
the Procurement Services Director or designee to sign vehicle titles.
Request
for approval to "piggyback" a State of
Request
for approval to retroactively approve payment to Embarq in the amount of
$34,151.91 for emergency service.
Request
for approval and execution of a term and supply contract with Play-It-Safe
Enterprises, Inc. to furnish and install
Request for approval of Homes in Partnership, Inc., under RSQ#08-0250 Homebuyer Services on a Continuing Basis in the amount of $200,000 to provide classes to educate applicants in the purchase of a home.
Public Works
Request for approval of LAP
Agreement and supporting Resolution No. 2008-116 between
Request
for approval for authorization to release a performance bond for construction
of round-a-bout improvements in connection with the
Request
for approval of Lap Agreement and supporting Resolution No. 2008- 117 between
Request
for approval and acceptance of the list of public right of way deeds that have
been secured in conjunction with roadway and / or stormwater projects.
Commission Districts 2,3,4,5.
Request
for authorization to award CR-44A Intersection with
Request
for approval and execution of Resolution No. 2008-118 which identifies county
land as right of way and approve a budget transfer from Road Impact Fee
District 2 to the Public Lands Program to reimburse them for right of way
needed to construct the 44A/Estes Rd. Intersection Improvement Project. Located
in Section 5, Township 19S, Range 26E in the Eustis area. Commission District
4.
Request
for approval and signature of Resolution No. 2008-119 to Advertise Public
Hearing for Vacation Petition # 1138 - Edward & Abbey Holmes and to vacate
a right of way, in the Plat of Groveland Farms. Commission District 2.
Commr. Stewart referred to Tab 12 of
the
Mr. Gary Kaiser, Director of Public
Safety / Fire Rescue, stated that these systems were used all over the country by
the military and industry as well. He
stated that it takes months for their department to track thousands of items
and at times find themselves behind the curve, noting that something might get
lost, misplaced, or transferred. He
explained that they have approximately 1,500 items that cost over $1,000 each,
making the system a very worthwhile investment and was encouraged by the
auditor to purchase the system to assist them in staying current each
year. He commented that they intend to
add one of these each year in every fire station as they could afford it. He stated that this system attaches a
transmitter to every item telling them where and what the item was and when it
disappeared. He explained that they
would be protecting the public investment by using this system.
Commr. Renick questioned the
bottom-line being paid for the system and wanted to know if they would be
paying more for the system than what they were actually losing or would it be a
wash. She mentioned that she had spoken
with Mr. Kaiser and he had explained that if they were unaware they had lost an
item on the truck until the next call it could actually affect someone’s life.
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved
the purchase of an electronic identification system for the Department of
Public Safety / Fire Rescue Division.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously
by a 5-0 vote, the Board approved Tabs 20 and 21 of the
Request
for approval of the First Amendment to Interlocal Agreement with the Town of
Lady Lake.
Request
for approval of Letter of Agreement between Clay Electric Cooperative, Inc.
(CEC) and Lake County Regarding Placement of an Osprey Nest on
PRESENTATION
REGARDING FIRE SERVICES
Mr.
Wayne Saunders, City Manager for the City of
Mr.
Saunders stated that another issue was the unincorporated, but highly urbanized
areas such as Greater Hills, Arrowhead, Greater Pines, and The Vistas. He explained that when a fire call goes out
from these areas, the
Commr.
Cadwell stated that he and Mr. Saunders had discussed this issue several times
and asked if the County had a first response Interlocal Agreement with
Clermont.
Mr.
Saunders responded by saying that Clermont was a little different than most
cities because in some portions of the County you have the first response with
the reciprocal agreement where the closest station responds. He stated, however, as seen by the location
of Clermont’s stations and the County station, there was rarely, if ever, a
situation where the County was in a better position to serve something in the
city. He commented that a reciprocal
type agreement works well in some other areas, but they do not have such an
agreement. He explained that if they had
that agreement, the City would be responding frequently to the County, and very
rarely would the County respond in Clermont’s city limits.
Commr.
Cadwell stated that all of the cities would need to be reviewed because they
were all going to be strapped for cash.
He stated that in this particular situation he also had a concern about
what would happen on East 50 where they were in need of a station and what that
station would do to relieve some of the problem. He stated they needed to look at this
particular area to see what could be done immediately. He went on to say that they actually need to
have County staff look at it as a whole picture throughout the County and
perhaps divide it into three regions.
Commr.
Renick stated that she and Mr. Saunders had discussed this matter and commented
that they needed to look at where County fire stations were being placed versus
placement of the City fire stations to insure they were strategically located
for efficiency. She commented that she
felt they were looking at the lowest response time, and trying to provide the
best fire service for the citizens.
Commr.
Cadwell asked if they had thought about annexation.
Mr.
Saunders stated that they had offered it to the areas before but it raises the
issue of their level of taxation which they do not want. He commented that people living in the County
should expect County level services, but the argument would be that some within
the County are urbanized areas, and that presents an argument as well.
Commr.
Renick stated there were two issues, one was long range by looking at the whole
area and logistically placing the stations where needed. However, for the short term, the issue should
be getting the closest resource to respond and that County staff should work
together for a solution to better serve that area and bring the solution back
to the Board.
Commr.
Cadwell stated that something could be worked out on a temporary basis and that
he did not mind having them get back to the table and try to work something out
on a temporary basis. However, a good
decision could not be made about how temporary that should be or the kind of
funding source it should be. He
commented that already have plans for East 50 and stated that the Board and the
Ms.
Hall commented that she would need specific direction as to what areas to
consider. She stated that she was
looking at it more from a Countywide perspective and could not come up with
anything that would really accommodate what the City of
Commr.
Cadwell stated that they would need to know the ramifications first.
Mr.
Saunders stated that they had some very rough numbers, noting that the map may
change which would generate different numbers.
He reiterated that they were here to offer the City’s resources as a way
to resolve some of the problems and were willing to work with the County in any
way.
A
discussion ensued as to the performance measure all County fire departments
have. Commr. Renick stated that the
County was equipped for rural areas with tanker trucks, and various other
equipment, noting that was something the County does best. However, the discussion was about close-in
very urbanized areas. She distributed a
copy of a message as one example of the type calls she receives from time to
time, so they could see why the people were so frustrated. She explained that this particular message
came from a gentleman living in Greater Pines and that she had asked his
permission for use of it. She stated
that their Emergency Medical Services were co-located three-quarters of a mile
from his home, but
Commr.
Cadwell asked that the
Ms.
Hall stated that what she had written down and understood that the direction
from the Board was that they were looking for a long range plan on SR 50; the
financial ramifications of working with the City of Clermont, what their
request would be financially; covering the areas they have indicated and
perhaps breaking it down piece by piece; and what time frame that would cover.
Commr.
Renick asked if Ms. Hall could have the information within the next 60 days.
Ms.
Hall stated she would get the information back to the Board within 30 days.
PRESENTATION
TOWN
OF
Mr.
Jim Stivender, Public Works Director, stated that in 2006 they approached the
Town of
Mr.
Billy Hattaway from Glatting Jackson addressed the Board relating to the
transportation issue of the study. He
stated that the corridor area begins on the south end of Montverde at the city
limits and runs along CR 455 through downtown and out to
Mr.
Hattaway identified the existing and projected traffic in the community by way
of a slide presented on the monitor. He
stated that being a scenic highway, the roadway is policy constrained to two
lanes so they were looking primarily at intersection improvements to help solve
both traffic and safety problems. He
commented that the Corridor Management Committee opposes signals and there is
additional network proposed in the region to help deal with that growth and to
take some of the pressure off CR 455. He
mentioned that within the town there was a good grid pattern and one of the
things suggested with all development is to follow that kind of grid pattern to
help take the load off the major roadways and connecting adjacent developments,
and noted that there were a lot of tools that could be used to keep some of the
demand off the main roads. Likewise, in
the town it was their recommendation that they continue with the grid and make
additional connections where those opportunities exist. Based on the recommendations from the group,
they looked at and prepared some conceptional layouts of model roundabouts at
the intersections where there is need to deal with some of the safety and
traffic issues. Through
Mr.
Hattaway explained that they had a number of recommendations for the
Mr.
Hattaway discussed drainage issues and concerns and their recommendations. He explained that there were some flooding
problems along CR 455 between
A
motion was made by Commr. Stivender to approve the Acceptance of the Town of
Under
discussion, Commr. Renick stated that Mr. Glenn Burns from the Montverde Town
Council was in the audience and asked if he had anything to say.
Mr.
Burns addressed the Board to show his appreciation to them, Public Works and
Glatting Jackson for their help and commented that everything went very
smoothly and he was very pleased.
The
Chairman asked for a vote on the motion.
Commr. Renick seconded the motion which carried unanimously by a 5-0
vote.
As
a point of information, Mr. Stivender mentioned that they would see that one of
the roundabouts at
ECONOMIC
GROWTH AND REDEVELOPMENT
STRUCTURE
AND OUTLINE FOR THE
Ms.
Dottie Keedy, Director of Economic Growth and Redevelopment, addressed the
Board stating that before them was Resolution No. 2008-120 supporting the
process and structure for the Lake County Economic Development Advisory
Council. She reminded the Board that the
Strategic Plan adopted earlier in the year called for the creation of an
Advisory Council and the Board asked Metro Orlando Economic Development Council
to put that together noting that the Resolution was simply supporting that
process. She commented that Ms. Maureen
Brockman from Metro Orlando EDC was in the audience to answer any questions
about the status if necessary.
On
a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously
by a 5-0 vote, the Board approved Resolution No. 2008-120 supporting the
Structure and Process Outline for the Lake County Economic Development Advisory
Council.
ENVIRONMENTAL
UTILITIES
AGREEMENT
BETWEEN
Mr.
Daryl Smith, Director of Environmental Utilities, addressed the Board
recommending the approval of an Agreement between
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously
by a 5-0 vote, the Board approved the agreement between
PROCUREMENT
SERVICES
Mr.
Barnett Schwartzman, Director of Procurement Services, addressed the Board
stating that Tab 26 was a straight competition with the award being recommended
to the best price.
On
a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by
a 5-0 vote, the Board awarded the contract for a sixty (60) month full
maintenance operating lease for one Landfill Wheel Compactor to Al-Jon
Manufacturing LLC in accordance with RFP 08-0810.
AGREEMENT
WITH SIGN CRAFTERS, LLC
Mr.
Barnett Schwartzman, Director of Procurement Services, stated that the purpose
of Tab 27 was to make an award that would generate advertising revenue for the
County from bus operations. He commented
that they received only one response to the RFP solicitation.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously
by a 5-0 vote, the Board approved the Agreement with Sign Crafters, LLC for
Revenue Sharing transit advertising.
PUBLIC
WORKS
AMENDMENT
5 TO AGREEMENT BETWEEN
Mr.
Jim Stivender, Director of Public Works, stated that Tab 28 was a consent item
which was added to Departmental business and was adjustments to drainage
systems and additional work associated with CR 466A.
On
a motion by Commr. Stewart, seconded by Commr. Stivender and carried
unanimously by a 5-0 vote, the Board approved Amendment #5 to the Agreement
between Lake County and Kimley-Horn and Associates for additional engineering
design services for CR 466A, for revisions to pond locations and design which
includes pond design, pond detail sheets, pond cross sections, storm sewer
design, revision to plan/profiles sheets, and revision to drainage maps.
PUBLIC
HEARINGS
EMERGENCY
SUSPENSIONS ORDINANCE
Mr.
Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING SECTION 6-7, LAKE COUNTY CODE,
ENTITLED EMERGENCY SUSPENSION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr.
Minkoff commented that the Ordinance would allow the Building Official and the
Board of Building Examiners to suspend the license of a contractor when it was
determined that there was an immediate serious danger to public health, safety
or welfare. He commented that they had
done this once where they had a contractor collecting payment without
completing the contracts; therefore, they suspended the permit. The Ordinance requires that if a contractor
accepts funds without completing the contract the Building Official would have
to present it to the Board of Examiners within thirty days for them to continue
any action against the contractor.
Commr.
Cadwell commented that they had received a letter from the Homeowner’s
Association endorsing the Ordinance.
The
Chairman opened the public hearing.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 5-0 vote, the Board approved Ordinance No. 2008-53 creating
Section 6-7, Lake County Code, entitled Emergency Suspensions.
PARKING
REQUIREMENTS ORDINANCE
Mr.
Minkoff explained that Tab 30 would be Ordinance No. 2008-54 if adopted. He then placed the proposed Ordinance on the
floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 9.03.06, LAKE COUNTY
CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PARKING REQUIREMENTS;
CHANGING WHOLESALE AND WAREHOUSING REQUIREMENTS FROM LOT AREA TO GROSS LEASABLE
AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public
hearing.
Ms.
Lori Barnes, Senior Planner, Economic Growth & Redevelopment, stated that
they drafted the Ordinance due to inconsistencies with the rest of the Land
Development Regulations as far as the parking requirement being based on lot
area versus gross leasable floor area.
She stated that it was creating a situation where they had unnecessary
impervious areas so they were trying to correct it.
There
being no one else who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 5-0 vote, the Board approved Ordinance No. 2008-54 amending
Section 9.03.06 of the LDR’s, entitled Parking Requirements.
ECONOMIC
IMPACT STATEMENT ORDINANCE
Mr.
Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING SECTION 2-25, LAKE COUNTY CODE,
ENTITLED ECONOMIC IMPACT STATEMENT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr.
Minkoff stated that the Ordinance would require that as Ordinances are
presented to the Board the
The
Chairman opened the public hearing.
There
being no one who wished to address the Board, the Chairman closed the public
hearing.
Commr.
Stivender made a motion to approve the Ordinance.
Under
discussion, Commr. Renick expressed concern about the economic impact of the
Ordinance when staff has to do this and wanted to know how they would come up
with the number.
Ms.
Hall explained that the approach would not be to actually identify every single
cost that someone in the community would incur, but rather to provide
implications of costs, therefore, there could be costs to homeowners,
businesses and the County in various categories. She commented that the County would not be
doing a great deal of data research to come up with that cost figure. She remarked that it would also indicate the
benefits to the community in these areas because of reduction in “x”. Therefore, it would be an overview of what
the implications could be pro and con to all sectors of the community and was
not meant to give detailed analysis of statistics.
Commr.
Stivender stated that the City of
Commr.
Cadwell remarked that it would give the County a barometer going into an
Ordinance understanding the groups that would be affected.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously
by a 5-0 vote, the Board approved Ordinance No. 2008-55, creating Section 2-25 of
the Lake County Code entitled Economic Impact Statement.
RECOMMENDATIONS
FROM T.Y. LIN INTERNATIONAL
Mr.
Jim Stivender, Director of Public Works, addressed the Board stating they were
asking approval of a final study by T.Y. Lin International covering an area of
Mr.
Fraser Howe, Jr., P.E., of T.Y. Lin International addressed the Board and
stated that in cooperation with the cities of Groveland and Minneola, the staff
in the Public Works Department, and the contracted services of T.Y. Lin, they
have developed recommended improvement concepts for
Mr.
Howe reported their recommendation for
The
Chairman opened the public hearing.
Mr.
Kent Chavers of Groveland addressed the Board stating that he had lived on
There
being no one else who wished to address the Board, the Chairman closed the
public hearing.
Commr.
Renick stated that the biggest issue, as stated Mr. Chavers, was safety which
was understood and that putting the wide shoulders there would help, but the
overriding concern was the truck traffic and having it become a cut through
road. She stated that there is a DRI
that has not yet gone through and if that happens then whatever they create
they would have to pay for. She
commented that she had spoken with Mr. Stivender in regard to the traffic
issue, and he suggested making sure that the road would be designated as an
area with “no through trucks” and that when it is made safer for cars, it is
made it easier for trucks but it is not an area where trucks should be using it
as a cut through.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 5-0 vote, the Board approved the Final Study Recommendations from T.Y. Lin
International for the Cherry Lake Road, Jalarmy Road and East Apshawa Road
Preliminary Engineering Study, noting that there should be signage indicating
that “No Through Trucks” were allowed in the area when the project was
complete.
CLOSED
SESSION
Mr.
Minkoff stated that as the Board was aware he had requested a Closed Session to
discuss pending litigation they have including strategy and attorneys
fees. He commented that he had made the
request at a public meeting and that the subject matter would only be
settlement negotiations or strategy sessions.
He stated that a court reporter would record the time of commencement
and termination of the Session and all discussions and proceedings with the
names of those present at all times. He
explained that no portion could be off the record and will be fully
transcribed. He explained that Public
Notice was given of the date and time of the hearing and he had the
advertisement with him. He commented
that the Session was required to commence in an open meeting at which point the
Chairman shall announce the commencement and estimated length of the Session
and the names of the persons attending.
At the end of the meeting the Board would reconvene the regular meeting
and announce the termination of the Session.
He anticipated that the Session would take approximately 30 minutes and
that in addition to the Board members, the
The
Chairman announced that the Board would recess for the Closed Session.
RECESS
AND REASSEMBLY
At
11:00 am. the Chairman reconvened the Board Meeting.
WOMEN’S
HALL OF FAME APPOINTMENT
Commr.
Stivender stated that she would like to add to the Agenda an appointment to the
Women’s Hall of Fame Selection Committee as someone had resigned and the
vacancy should be filled immediately.
On
a motion by Commr. Stivender, seconded by Commr. Renick 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. Renick and carried unanimously
by a 5-0 vote, the Board appointed Mr. Rick Reed of
PUBLIC
HEARING
2009-2013
TRANSPORTATION CONSTRUCTION PROGRAM
Mr.
Jim Stivender, Director of Public Works, mentioned at the Budget Meeting that their
overall program was $6 million lower than it was a year ago. He displayed the
bidders list for the Dewey Robbins Road project in Commission District 3, which
showed bids which were below their estimate.
He noted that this illustrated a major change over the last few years,
and they were trying to get as much work done as they could while the market
was keeping their costs down.
Mr.
Stivender reviewed the 5-Year Transportation Improvement Plan in detail from
page 1 through 19, mentioning various projects.
He
mentioned that the City of
Mr.
John Drury, City Administrator, Tavares, addressed the Board stating that there
was $5 million programmed for Woodlea and that the City Council voted to have
him ask this Board if they could move the $5 million to do
Mr.
Stivender commented that they were trying to acquire some right of way on Woodlea
and wanted more funds available for that purpose.
The
Chairman opened the public hearing for comments on impact fee, general fund,
sales tax or capital projects and transportation.
Mr.
Mark Wright, Chief Planning Director for the City of Mount Dora, addressed the
Board stating that he was concerned about the change in plans regarding
Mr.
Stivender clarified that they intended to finish the design of Woodlea and have
some money set aside for right of way in 2009.
Commr.
Cadwell inquired whether this would slow down the
Mr.
Stivender commented that it should not slow it down since there was still a lot
of work to be done on all these projects.
Commr.
Cadwell asked Mr. Wright if the
Mr.
Wright responded that the project design was 90% complete.
Mr.
Drury wanted to clarify that the
Mr.
Stivender asked whether his staff could look at those three projects, what
revenues they have planned, how they fit in with other projects on the
schedule, and come back with a plan that would make something work for all
projects.
Commr.
Cadwell commented that the Woodlea and Alfred projects were easy to weigh against
each other, but the
There
being no one else who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 5-0 vote, the Board approved the 2009-2013 Road Impact Fee
Transportation Construction Program, the 2009-2013 General Fund –
Transportation Construction Program, and the 2009-1013 Renewal Sales Tax
Capital Projects – Roads Transportation Construction Program, with the changes
discussed.
APPOINTMENT
TO CHILDREN’S SERVICES ADVISORY COUNCIL
Commr.
Cadwell referred to Tab 34 recommending the appointment of Mr. Jay Marshall,
Director of Student Services, as the designee from Lake County Schools to serve
on the Children’s Advisory Council.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 5-0 vote, the Board approved the recommendation to appoint Mr.
Jay Marshall as the designee from Lake County Schools to serve on the
Children’s Services Advisory Council to complete a term ending May 14, 2010.
Commr.
Stivender left the meeting.
APPOINTMENT
TO ZONING BOARD – DISTRICT 4
Commr.
Cadwell referred to Tab 35 recommending the appointment of Mr. Egor Emery to
the fill the vacant District 4 seat and complete an unexpired term.
On
a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously
by a 5-0 vote, the Board approved the recommendation to appoint Mr. Egor Emery
to the vacant Commission District 4 seat on the Zoning Board to complete an
unexpired term ending January 31, 2011.
REPORTS
–
Ms.
Cindy Hall, County Manager, stated that she had been approached by citizens
wondering if there was a mechanism whereby contributions could be made to fund
the County’s efforts with regard to the lawsuit with St. Johns River Water
Management District, and if the Board were to be interested in such a fund, she
would like direction to establish that process.
Commr.
Hill noted that she would be very much in favor of setting up such a fund and
suggested that they hold $150,000 of Orlando Metro Economic Development Council
funds scheduled for the next Fiscal Year budget to be placed in the litigation
fund as long as that would leave them with enough to facilitate the counsel
they had approved as well as provide more funding towards the lawsuit. She commented that she was disappointed that
the Orlando Economic Development Council had not joined in with a statement of
support since they were working on
Commr.
Cadwell stated that before taking any official action in that regard, he asked if
Commr. Hill, as a member of the Lake County Economic Development Council (EDC),
would discuss the matter with the EDC and obtain their comments before
requesting the release of information from the Orlando EDC.
Commr.
Hill stated that she did not have a problem making that request of the EDC
board at their next meeting.
Commr.
Cadwell stated that the request to set up this fund was on the Agenda today if
there were citizens who would like to contribute.
Commr.
Renick added that she thought it was a good time to consider this concept as
she knew there were groups who were looking to raise money for this issue
because they feel so strongly about it.
She commented that the impression she got from those people was that
they were somewhat worried there was no way that the Board could set up a fund
that could be used for anything other than
Commr.
Cadwell commented that it should be made clear that the County was not
soliciting funds from the residents; but rather, the citizens were approaching
the Commissioners desiring to help and sought a mechanism for that purpose.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 5-0 vote, the Board approved establishing a fund where citizens could make
contributions to defray the legal expenses associated with the administrative
hearing against St. Johns River Water Management District.
Commr.
Hill noted that she would discuss this matter with the EDC at their next
scheduled meeting and bring that information back to the Board. She also wanted to clarify that the Board
would not look at any other funding source other than what was originally
designated within the Budget for this purpose.
REPORTS
– COMMISSIONER HILL – DISTRICT 1
Commr.
Hill requested approval of a Proclamation for September 22, 2008, as a day to
eat dinner with your family. She stated
this Proclamation was made each year and would like to continue the tradition.
On
a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a
5-0 vote, the Board approved Proclamation No. 2008-121 proclaiming Monday,
September 22, 2008, as Family Day – A Day to Eat Dinner with Your Family.
REPORTS
– COMMISSIONER RENICK – DISTRICT 2
Commr.
Renick recognized Mr. Mike Perry, Executive Director, Lake County Water
Authority, who was in attendance at the meeting. She explained that at the last Water Alliance
meeting Mr. Perry made a presentation explaining a situation they were in with
St. Johns in terms of taking water from Lake Apopka which was a concern because
of how it affected the Harris Chain. She
explained that
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 5-0 vote, the Board moved to place the request for a letter of support for
the Water Authority on the Agenda.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously
by a 5-0 vote, the Board approved the letter written by Mr. Gregg Welstead,
Director of Conservation & Compliance, to be executed by the Chairman,
supporting the Lake County Water Authority’s petition to initiate formal
rulemaking to establish Minimum Flows and Levels for Lake Apopka and the Harris
Chain of Lakes in Lake County.
PROMISE
RANCH
Commr.
Renick presented the Chairman with documentation regarding Promise Ranch to be
reviewed and circulated to the Board.
She stated that she was seeking support of a Conservation Easement on
the Promise Ranch property consisting of 1500 acres in Umatilla. She explained that the owner had been
acquiring and restoring this land and was trying to get the State to purchase a
Conservation Easement. She stated that
PLAAC, the Public Lands Acquisition Advisory Council, wrote a letter of support
attaching numerous supporting letters in order to strengthen the case. She commented that a decision would be made
in the near future and asked the Board to review the documentation and place
this matter on the Agenda at the next meeting.
Commr.
Cadwell suggested it be brought back for the August 26, 2008, meeting of the
Board.
FUND
RAISING FOR CHARITABLE ORGANIZATION
Commr.
Renick stated that Mr. Ray Goodgame, Clermont City Councilman, approached her
regarding raising money for a charitable organization. She explained that the
Sheriff’s Department, Clermont Police, and Groveland Police would be having a
shooting competition and requested using photographs of their city council
members and the Lake County Board Members as targets.
It
was agreed by the Board that their photos could be used as targets at this
competition.
REPORTS
COMMISSIONER STEWART – DISTRICT 4
Commr.
Stewart stated that she would like to bring up her recent request for
individual meetings with cities and communities to discuss establishing a
shared vision for the future of
Commr.
Cadwell stated he would be glad to meet with the cities and municipalities, but
it would be hard to do if the Comprehensive Plan was not before them. He stated, however, they could have the
dialogue now.
Commr.
Renick asked if she was speaking of the DRI’s (Development of Regional Impact)
that are on the horizon.
Commr.
Stewart stated that was correct and that they were in the middle of nowhere,
and were located where the County had decided it should remain rural in the
future. She commented that they were not
making any transportation plans, any kind of infrastructures, or service plans
in those areas because their vision shows it remaining rural. She explained that she brought up this matter
not knowing if there was anything that could be done about it except to ask for
a shared vision.
Commr.
Renick stated she knew of a couple of cities that were looking at DRI’s and
asked if they were contiguous.
Commr.
Stewart explained that they were not contiguous but they have a plan and are
working with the developer. She
commented that she had spoken with one of the city officials who did not seem
concerned if their charter were to be revoked.
She stated further that it was not contiguous now, but there was a major
effort being put forth to purchase those properties in between.
Commr.
Cadwell stated that the County makes sure what can be done under the law with
the annexations out there and that the
Commr.
Stewart explained that she knew they were looking at those and that she
appreciated it. However, it seemed to
her it was obvious that urban sprawl was expensive for whoever was promoting
it, and that it costs so much money to get those services out there, it seems
people would stop and think it would not be good for their municipality.
Commr.
Cadwell mentioned that Thursday night the cities’ chamber group would be
presenting “Visioning for the Community” to the Umatilla City Council and
suggested Commr. Stewart attend the meeting to get an idea of what they were
talking about and then try to set up meetings with the various cities.
Commr.
Renick remarked that even if the County’s Comprehensive Plan protects rural areas,
if they manage to annex then it defeats the purpose. She stated that they had joint meetings with
Clermont, Minneola, and the School Board and that she had no objection to
meeting with Umatilla. She asked if this
affects Eustis and wanted to know if they were concerned.
Commr.
Stewart replied that Eustis was concerned because it does affect them. She commented that when looking at the Plan,
the Transportation Regional Incentive Program (TRIP) strategies recognized the
importance of what
Commr.
Cadwell asked that Commr. Stewart obtain and review a copy of Umatilla’s Vision
and discuss it with the Board at the next meeting. Once that was done, he stated they would
contact them to set up a workshop regarding their vision.
REPORTS
– COMMISSIONER CADWELL – DISTRICT 5
Commr.
Cadwell stated that with regard to the Landscape Ordinance, he had met with a
company regarding turf and received correspondence from an ornamental plant
company. He suggested having these two
companies make a presentation to the Board at a workshop following one of their
meetings in order to have a better understanding of the landscape issues. He asked Ms. Hall to obtain dates for the
workshop. He mentioned that he had the
contact information for those two groups.
It
was determined that the Board would delay the Landscape Ordinance until after
the workshop.
CITIZEN QUESTION AND COMMENT
PERIOD
Mr. Mike Perry, Executive Director, Lake
County Water Authority addressed the Board stating that he receives
calls on a daily basis about water levels regarding letting the water out after
it rains. He wanted to make sure the
Board and its constituents know that no one is releasing water out of the
structure. He commented that the last
time the structures were operated, particularly the Burrell Structure, which
controls water in the super pond, Dora, Harris, Eustis, and Beauclair lakes,
was March of 2006. The last time the
structure was operated in the Apopka /
-------------------
Mr.
Lee Johnson, a resident of Tavares, who has been very involved in the community
over the years stated that several months ago it was brought to his attention
by numerous individuals working in
Commr.
Cadwell asked if Mr. Johnson would leave the book of his findings with the
Commission today for public record.
Mr.
Johnson replied that all the other commissioners had received a copy and he
would leave a copy for Commr. Cadwell today.
Mr.
Johnson requested the Board make a motion to bring in the Internal Audit today,
noting that it was scheduled to have been done earlier this year.
Commr.
Cadwell stated he would review the book and bring back a recommendation to the
Board to decide on an appropriate action and that no action would be taken
today because the book had not yet been reviewed by all members of the Board.
Commr.
Stewart wanted to know the definition of a risk assessment
audit.
Mr. Johnson stated that it was more
than just a financial audit; it was an audit of the operations.
----------
Mr.
Vance Jochim stated he had moved here two years ago and that he had eighteen
years of internal audit experience with companies such as Nissan Motor, Corp.,
and others and was the Chief Auditor of the U.S. Embassy in
--------
Ms.
Nancy Madden spoke on behalf of herself and her husband Mr. Tom Madden from the
Vistas. She addressed the Board with
respect to fire service for the Vistas and advised the Board that they were in
full support of having the Clermont Fire Department be responsible for their
service. She stated that the problem
they were addressing was that in 2004 they went from a five minute response
area to a ten minute response area, but were not aware of it because the
Homeowners’ Association advised them that the Clermont Fire Department was
their main source. She suggested having
a special assessment for those areas like the Vistas or Greater Pines to pay
extra to the City or County to give them a quicker response time.
--------
Ms.
Shanna Palenkas with the Greater Pines Homeowners’ Association stated that she
did not feel safe in her neighborhood.
She commented that a home in Greater Pines was lost from fire due to
poor response time from the Fire Department. She stated that they need
temporary services until such time as a permanent fire station could be built
so they would feel safe in their community.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:36 a.m.
_________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL
KELLY, CLERK