The Lake County Board of County Commissioners met in regular session on Tuesday, August 21, 2001, 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: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell, Jennifer Hill; and Debbie Stivender. Others present were: Sanford A. Minkoff, County Attorney/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Kathryn A. Schwartz, Deputy Clerk.
The Invocation and Pledge of Allegiance were led by Commr. Stivender.
AGENDA UPDATE
Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, informed the Board that the Minutes of July 19, 2001 (Special Meeting - District), needed to be pulled, until a later date; that they were being reworked.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, informed the Board that Tab 36, a request for approval by the Town of Howey-in-the-Hills Town Council to include operation of the Howey Library in the Lake County Board of County Commissioners' budget for Fiscal Year 2001/2002, and subsequent years, should be pulled from the agenda, noting that last night the Howey-in-the-Hills Town Council met and decided to withdraw their request.
Mr. Minkoff informed the Board that he had an item of business to add to the agenda regarding Circuit City and their Certificate of Occupancy.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved adding the Circuit City item to the Board Agenda, as noted, under the County Attorney's business.
Mr. Minkoff informed the Board that Mr. Eric Cotsenmoyer, Director of Mosquito and Aquatic Plant Management; and Mr. Russ Melling, Environmental Manager of the Lake County Health Department, were present and would like to give a brief presentation this morning regarding the mosquito issue.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of June 26, 2001, a Regular Meeting, as presented.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 23, 2001, a Budget Workshop/Joint Meeting with the School Board, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 7, for the following requests:
Accounts Allowed
Acknowledged receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 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.
Bonds - Contractor
Approved Contractor Bonds, as follows:
New
5340-01 Robert E. Knight d.b.a. Prelude Electrical Services, Inc.
5702-01 Edward C. Waters/E. C. Waters, Inc. (HVAC)
5738-01 Marcum Programmable Controls
5847-02 Ray Bergerson d.b.a. Airtech Heating & Air
5848-01 David Jones d.b.a. D & M Stucco
5849-01 Robert Evers d.b.a. Evers Electrical Service
5850-01 Jeff Pospisil d.b.a. Sunshine Stucco, Inc.
5851-01 George N. Alford d.b.a. Martin Aluminum Service
5853-01 William Weavers, III d.b.a. Weaver Air, Inc.
Cancellations
4622-01 Jon Jones
5188-01 Robert A. Freeman, Jr./F & W Plumbing, Inc.
Accounts Allowed/Budgets/Unclaimed Moneys
Acknowledged receipt of proof of publication of unclaimed moneys and payment to the Board for those moneys advertised, less claims and publication costs. Fiscal/Budgetary Impact: $22,467.44 less amounts and publication costs will be receipted as fines and forfeits revenue before September 25, 2001.
Accounts Allowed/Budgets/State Agencies/Water Resources
Acknowledged receipt of the Fiscal Year 2001-2002 Standard Format Tentative Budget Submission for the St. Johns River Water Management District, as mandated by Section 373.536(5), Florida Statutes.
Accounts Allowed/Budgets/State Agencies/Water Resources
Acknowledged receipt of the Standard Format Tentative Budget Submission for the Southwest Florida Water Management District for Fiscal Year 2001-2002, as mandated by Section 373.536(5)(a), Florida Statutes.
Applications/Utilities/State Agencies
Acknowledged receipt, from Rose, Sundstrom & Bentley, LLP, Tallahassee, Florida, a Notice of Application for a Transfer of Majority Organizational Control Legal Notice, as follows: Notice is hereby given on July 30, 2001, pursuant to Section 367.071, Florida Statutes, of the application for transfer of majority organizational control of Utilities, Inc., to Nuon Acquisition Sub, Inc. This application is not a request to change the rates of any of the listed subsidiaries. The listed wholly owned subsidiaries of Utilities, Inc., are certificated by the Florida Public Service Commission and their counties of operation.
Ordinances/Municipalities
Acknowledged receipt of the following from the Town of Lady Lake:
Ordinance 2001-08 Ordinance 2001-19
Ordinance 2001-09 Ordinance 2001-20
Ordinance 2001-10 Ordinance 2001-22
Ordinance 2001-11 Ordinance 2001-24
Ordinance 2001-12 Ordinance 2001-25
Ordinance 2001-13 Ordinance 2001-27
Ordinance 2001-14 Ordinance 2001-28
Ordinance 2001-15
Ordinance 2001-16
Ordinance 2001-17
Ordinance 2001-18
PRESENTATION -
HEALTH DEPARTMENT/MOSQUITO-AQUATIC PLANT MANAGEMENT
Mr. Russ Melling, Environmental Manager of the Lake County Health Department, discussed in detail the mosquito-borne virus activity, which is found mostly in northern Florida. He presented statistical information regarding the West Nile Virus, and the Eastern Equine Encephalitis (Triple E) Virus. It was noted that the West Nile Virus is moving south, and it was also noted that, within two weeks, there would be adequate vaccine for the Triple E Virus. He explained that currently 30 of the northern counties of Florida are under a medical alert, mostly going from the Panhandle to Jacksonville.
Mr. Melling discussed in detail the testing of birds, as an early warning system, to indicate the presence, or not, of the West Nile Virus, the St. Louis Encephalitis Virus, and the Triple E Virus. He explained that, so far, everything in the County has been negative. He emphasized the importance of citizen participation; that should they find a freshly dead bird they should call the Health Department so that it can be sent off for analysis.
Mr. Melling discussed the use of bats for mosquito control. He stated that research indicates that bats would not be that helpful in the control of mosquitoes; that there is a big concern that bats introduce rabies into a community. He stated that there have been three bats found in the County, in the last four weeks, that tested positive for rabies, two in Eustis and one in Mount Dora; that they are working with other state agencies to track down the source.
To help reduce the risk of mosquito bites, Mr. Melling outlined the following: that all citizens try to avoid outdoor activities between dusk and dawn; that if they have to be out, that they use an effective mosquito protectant, with DEET, making sure to follow the label instructions; that all citizens look for stagnant water, anything that collects water, and remove it; that if folks need to be outside during the hours of high risk, that they wear long-sleeved shirts and long pants, with shoes and socks.
It was discussed that the football season starts this weekend; that extra spraying for mosquitoes will be provided at the home games; that the Health Department has been asked to get in contact with the School Board so that they can establish a liaison in case it becomes necessary to address mosquito-borne virus activity. Discussion also occurred regarding the surrounding counties; that Seminole County has appropriated approximately $200,000.00 to start spraying for mosquitoes, with Marion County still not spraying, and Orange County continuing to spray.
Mr. Eric Cotsenmoyer, Director of Mosquito and Aquatic Plant Management, addressed the Board giving a brief update regarding issues such as: the 12 sprayer trucks that are currently in operation five nights a week, with the ability to increase the fleet to 14 trucks; the monitoring of all varieties of mosquitoes in the County, identifying species and abundance; working with the Health Department in their monitoring of birds for virus activity; involvement with the Florida Department of Agriculture and Consumer Services and the state epidemiology office to keep informed regarding the primary vector (insect transmitting the pathogen); and the availability of aircraft, if an epidemic were to occur.
Mr. Cotsenmoyer addressed the following issues and concerns: increased spraying activity in the east Lake County area, due to the amount of rainfall; increases in the amounts of some mosquito species; commercially available, cost-effective products for home use; traps designed to collect mosquitoes for surveillance purposes only; the effectiveness of mosquito traps; and private youth programs (not just Friday-night football) needing additional spraying. It was noted that Mosquito and Aquatic Plant Management has been authorized to expend whatever is necessary to deal with the increased mosquito population; that if the populations greatly increase, or if the mosquito-borne viruses come closer to the County, that additional budget changes may need to be approved by the Board.
Commr. Hanson thanked Mr. Melling and Mr. Cotsenmoyer for their updates.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Pool stated that he would like to pull Tab 3, regarding a resolution renaming a portion of CR-561 in the Clermont area of Lake County, postponing it for about 30 days. He stated he spoke to Mr. Bruce Thorburn, Senior Director of Communications Systems, who agreed.
Commr. Hill stated she would like to pull, for discussion, Tabs 5, 6, 7, 10, 12, 13, and 18.
Commr. Stivender stated she would like to pull, for discussion, Tab 30.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, including item A-1 from Addendum No. 1, for the following requests, with the exception of Tabs 3, 5, 6, 7, 10, 12, 13, 18, and 30, as noted above:
Accounts Allowed/Community Services/State Agencies
Request for approval of waiver of impact fees for applicants for the County's Housing Assistance Program funded by the State Housing Initiatives Partnership Program (SHIP) and payment of these fees from the Impact Fee Trust Fund interest.
Community Services/Libraries
Request for approval to locate a branch library, to be named the Astor County Library, at the Astor Lion's Park on Alco Road in Astor and request for approval to locate a branch library, to be named Paisley County Library, at the Paisley Community Park on Highway 42 in Paisley.
Resolutions/Community Services/Committees
Resolution Number 2001-143, amending the resolution which created the Lake County Comprehensive Health Care Committee to include three additional permanent representatives to this advisory committee and to approve the appointment of Roger Amon, Administrative Director, Lake County Health Department; Susan Pennacchia, Director, Lake-Sumter Community College School of Nursing; and Mark Williams, Executive Director of Community Health Center, Inc., as appointed representatives on the Comprehensive Health Care Committee, and appointment of Anaphelia Gander as Community Health Center, Inc.'s, designated alternate representative on the committee.
Accounts Allowed/Fire Protection/Emergency Management
Request for approval of the presentation for the dedication and plaque for the new fire station in Bay Lake on September 8, 2001, in the approximate amount of $200.00.
Accounts Allowed/Solid Waste Management
Request for approval and execution of Amendment No. 2 to the WCG, Inc. Contract (RFP 97-088) for Solid Waste engineering consulting services for additional work in the amount of $105,086.92.
Accounts Allowed/Contracts, Leases and Agreements/Reprographics
Request for approval to purchase a Xerox Doc 12 color copier for $27,995.00 with an annual maintenance agreement for $10,020.00 to replace the existing Xerox 5760 color copier for the Reprographics Center.
Contracts, Leases and Agreements/Health and General Services
Request for approval to accept and sign the First Amendment to Agreement with Florida Hospital Waterman for Physician Reimbursement Schedule and Hospital Reimbursement Rates.
Accounts Allowed/Contracts, Leases and Agreements
Request for approval of the renewal of the annual Lease Agreement for Office Space at Sunnyside Plaza, Clermont, for the Lake County Offices of Building, Planning and Zoning Departments in the amount of $3,300.00 per month.
Accounts Allowed/Assessments/Public Works/Roads - County and State
Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for 86 road assessments, as follows:
Assessment # Name Date Paid
677083 Melvin & Carla Adkins 07/06/01
685074 David M. Moulton 06/08/01
694007 Patricia A. Runyon CDBG
694010 Kathy C. Gordy CDBG
694014 Viola Farugia CDBG
694017 Lawrence R. & Mary F. Moore CDBG
694022 Carroll G. Lovett CDBG
694024 Letha A. Gibson CDBG
694026 Amy Jo Maloney CDBG
694029 Joseph & Lucille Pleasant 04/03/01
694030 Ruth E. Singleton CDBG
694033 Violet W. Moon CDBG
694036 Raymond W. Greene CDBG
694037 Raymond W. Greene CDBG
694038 Paul Kimball, et al. CDBG
694042 Raymond A. Roth CDBG
694045 Aristos Petratsas CDBG
694055 David B. & Noreen R. Barnes CDBG
694056 David B. & Noreen R. Barnes CDBG
694057 Elizabeth J. En Earl CDBG
694058 Lewis F. & Eva Zimmerman CDBG
694059 Fritz B. Huber 07/31/01
694060 Wilson W. & Dorothy M. Sink CDBG
694061 Wilson W. & Dorothy M. Sink CDBG
694065 Hilda E. Gordon CDBG
694073 Kimmie Thomas & Thomas Hebrock CDBG
694077 John F. Epling CDBG
694078 Paul W. & Elizabeth Jenkins CDBG
694079 Howard J. Willis, et al. CDBG
694083 Raymond A. & Joan M. Roth CDBG
694084 Raymond A. & Joan M. Roth CDBG
694085 Raymond A. & Joan M. Roth CDBG
694091 Ronald G. & Diane M. Epling CDBG
694094 Randy S. & Deborah A. Daudelin CDBG
694095 Bonnie S. Tucker CDBG
694097 Orson L. & Martha J. Hosmer CDBG
694108 William & Donna Lanning CDBG
694109 Andrew F. Girard, Jr. CDBG
694115 William L. McWilliams CDBG
694116 Cecil & Lynn Collins CDBG
694117 Carol & Harry W. McWilliams CDBG
694120 Paul J. & Nellie Mae Waggoner CDBG
694122 Jimmy A. & Susan K. Scott CDBG
694123 Patrick A. Connor CDBG
694128 Lavern Curtis CDBG
694136 Benjamin Wiseman & Joan Legg CDBG
694137 Benjamin Wiseman & Joan Legg CDBG
694141 Donald S. & Harriet Manore 07/26/01
694142 Harold & Helen Kenworthy 07/26/01
694144 Glen W. Lenhart & Melvin Crummitt CDBG
694145 Donald L. Cooley CDBG
694151 James Ray Fair 07/31/01
694152 Louis & Rose M. Hodges 07/31/01
694154 Phyllis Homer CDBG
694155 Richard A. & Virginia M. Taylor CDBG
694161 Glen W. Lenhart or Melvin Crummitt CDBG
694162 Pauline Lenhart CDBG
694164 Howard & Lilian Parracino CDBG
694165 Howard & Lilian Parracino CDBG
694167 Lyn S. & William J. Bauer, Jr. CDBG
694168 Lyn S. & William J. Bauer, Jr. CDBG
694170 George H. & Hazel M. Woods CDBG
694171 Carl & Joyce Highers 07/31/01
694173 Paulette Smith CDBG
694180 Thomas C. Fusco 04/03/01
694183 Ida Mae Cook (Life Estate) CDBG
Assessment # Name Date Paid
694184 Mary Higginbotham CDBG
694186 Joseph Andro CDBG
694187 Joseph R. or Myrtle Andro CDBG
694188 Thomas E. Adams 07/26/01
694189 John V. & Dorothy M. Holder CDBG
694190 John V. & Dorothy M. Holder CDBG
694191 John V. & Dorothy M. Holder CDBG
694192 John V. & Dorothy M. Holder CDBG
694193 Richard Hapner 07/31/01
694194 Robert T. Davis 07/31/01
694195 Carolyn A. Kelly CDBG
694196 Carolyn A. Kelly CDBG
694197 Terry K. Harville CDBG
694198 Robert H. & Lorraine Eckert CDBG
694199 Joseph R. & Myrtle Andro CDBG
694202 Harry H. Closson CDBG
694204 Harold & Helen Kenworthy 07/26/01
694205 Harold & Helen Kenworthy 07/26/01
694209 Paul A. Odell CDBG
694210 Donnie E. & Sybil G. Little CDBG
Deeds/Road Projects/Public Works/Roads - County and State
Request for approval to accept one Special Warranty Deed, two Statutory Quitclaim Deeds, four Statutory Warranty Deeds, and two Temporary Non-Exclusive Easement Deeds, as follows:
Instrument/Grantor Road Name C Road #
Special Warranty Deed
KeyBank, National Association, Trustee Green Swamp Road (2 0438)
Statutory Quitclaim Deed
Gloria J. Chaney East Avenue
Ronald and Anna Allee Morningside Drive (3/4 4568)
Statutory Warranty Deed
Aftab Qadir, et al. Hook Street
City of Tavares, Florida,
a Florida municipality Lane Park Cutoff (3 3444)
Lillie Ann Jones Oak Street
Four Square M. Corp.,
a Florida corporation SR-50/CR-455
Temporary Nonexclusive Easement Deed
Aftab Qadir, et al. Hook Street
The School Board of
Lake County, Florida Hook Street
Resolutions/State Agencies/Public Works/Right-of-Ways, Roads and Easements
Request for approval and execution of Resolution Number 2001-146, requesting a right-of-way donation for Thomas Avenue in conjunction with construction of FDOT maintenance facility in the Leesburg area.
Resolutions/Signs/Public Works/Roads - County and State
Request for approval and signature on Resolution Number 2001-147, authorizing the posting of "No Parking on Right-of-Way" signs on CR-48 in the Yalaha area at the following locations:
North side of CR-48 (3-3029), across from Yalaha Road (3-3128A)
South side of CR-48 (3-3029), east of Yalaha Road (3-3128A)
Resolutions/Signs/Public Works/Roads - County and State
Request for approval and signature on Resolution Number 2001-148, authorizing the posting of speed-limit signs on the following roads in the Leesburg area:
Spring Court (1-5228) College Road (1-4830A)
Spring Drive (1-5228A) Leesburg Mobile City Road (1-4923)
Wedgewood Lane (1-5332) Bent Bough Drive (1-4521C)
Jackson Road (1-5432) Third Street (1-4618)
Silver Lake Drive (1-5229) Silver Pine Drive (3-5235C)
Tavares Avenue (1-4928) Secret Hill Road (3-5235B)
CR-449/Stewart Lane (1-4931) Tara Wood Drive (3-5236)
Resolutions/Signs/Public Works/Roads - County and State
Request for approval and signature on Resolution Number 2001-149, authorizing the posting of "Weight Limit 10 Tons" signs on County Road 448 (3-3156) in the Lake Jem area at the following locations:
On CR-448 (3-3156), east of CR-448A (3-3064) for eastbound traffic
On CR-448 (3-3156), west of the Orange County line for westbound traffic
Accounts Allowed/ Contracts, Leases and Agreements/Checks Received
Request for approval and authorization to execute an Escrow Agreement between Lake County and Peregrine Properties, Inc., and accept a cashier's check in the amount of $72,000.00.
Resolutions /Accounts Allowed/Subdivisions/Bonds
Contracts, Leases and Agreements/Roads - County and State
Request for approval and authorization to accept the final plat for OrangeTree Phase 2; accept a maintenance bond in the amount of $71,918.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and The Greater Construction Corporation; and execute Resolution Number 2001-150, accepting the following roads into the County Road Maintenance System: Holly Grove Boulevard "Part" (County Road Number 2-0259); Magnolia Hill Street "Part" (County Road Number 2-0259B); Samosa Hill Circle (County Road Number 2-0259C); and Anhinga Hill Street "Part" (County Road Number 2-0260C). Subdivision consists of 59 lots - Commission District 2.
Accounts Allowed/Subdivisions/Maintenance
Request for approval and authorization to release a letter of credit for maintenance in the amount of $16,991.93 that was posted for Quail Ridge Estates First Addition Subdivision. Subdivision consists of 60 lots - Commission District 5.
Accounts Allowed/Subdivisions/Road Projects
Request for approval and authorization to release a letter of credit in the amount of $656,860.98 that was posted to complete the remaining amount of construction of the infrastructure of Royal Highlands Phase 1-E. Subdivision consists of 96 lots - Commission District 2.
Accounts Allowed/Public Works/Bids/Road Projects
Request for approval and authorization to advertise for bids for Countywide Resurfacing Part II, Project No. 2001-19, at an estimated cost of $65,000.00 from the Transportation Trust Fund.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
Accounts Allowed/State Agencies/Public Works/Forestry
Approval to notify the State Comptroller's Office that Lake County elects to receive the new full payment option of National Forestry payments and utilize the Title III project option
in the amount of $153,180.00.
PRESENTATION OF PROCLAMATION
LAKE COUNTY FIREFIGHTERS APPRECIATION WEEK
Commr. Hanson presented to the representatives of the Lake County firefighters Proclamation Number 2001-136, proclaiming the week of August 27 through September 2, 2001, as Lake County Firefighters Appreciation Week. It was noted that the Muscular Dystrophy Association (MDA) is sponsoring the Lake County Firefighters Appreciation Week. Ms. Jessica Yates, a representative from MDA, expressed MDA's appreciation for the County's support of the Lake County firefighters in their efforts to raise funds for the children and adults in the Central Florida area served by the Association. She explained that the Lake County firefighters have donated to MDA, through their Boot Drive Campaign, and that last year the Florida firefighters raised over $1 million, holding the number-two position in the nation. Through the firefighters' support, MDA is able to provide health care services, durable medical equipment, and to fund vital research programs to find treatments and cures for over 40 neuromuscular diseases. She described the Lake County firefighters as heroes who are deeply loved for the hope they provide for a brighter future. Ms. Yates thanked the Board for proclaiming the week of August 27 through September 2, 2001, as Firefighter Appreciation Week.
PUBLIC HEARING -
REGARDING ADOPTION OF THE FIVE-YEAR ROAD IMPACT FEE
CONSTRUCTION PROGRAM AND APPROVAL OF THE COUNTY
TRANSPORTATION TRUST FUND PROGRAM
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board, displaying, for their review, the Tentative Road Construction Bid Schedule for August 2001 to January 2002, and highlighting the following road projects: Dewey Robbins Road; CR-437; CR-561; some countywide resurfacing; Marion County Road; Hook Street, Phase 1, to access the new high school site, noting that it was critical to have the project completed by the opening day of school; CR-25; CR-448; and CR-452. Mr. Stivender thanked his staff for their diligence.
Mr. Stivender discussed in detail the County Transportation Trust Fund Road Program for the years 2002 to 2006 (found in the backup material), noting that the estimated cost, by district, totals $12,183,677.00, and that $4.5 million has been pulled for areas or potential projects in the County that have been classified as high need but that would languish on the program. He highlighted some of the projects by commission district. He explained that because of the proposed sales tax they are upgrading their whole five-year capital resurfacing program.
Mr. Stivender reviewed the Road Impact Fee Program (found at page 8) for the years 2002 to 2006, noting that the total estimated countywide cost amounts to $115,980,861.00, with $42 million of it being identified for use with potential sales-tax projects. He explained that Mr. Noble Olasimbo, an engineer with the Public Works Department, has been very successful in acquiring matching state funds for road projects; however, the County has been using impact fees for its portion of the match, which prevents some of the other programs from going forward. He highlighted some of the projects in each of the six benefit districts.
In closing, Mr. Stivender stated that the Public Works Department is very busy and that they are making every effort to find, and participate in, other funding sources, such as state programs. He was thanked, along with his staff, for the good job done in acquiring grants and matching dollars; that he and his staff are greatly appreciated and needed.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Five-Year Road Impact Fee Construction Program and the County Transportation Trust Fund Program.
PUBLIC HEARING -
ORDINANCE RELATING TO TEMPORARY HOUSING
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board, explaining that the proposed ordinance would take the requests for conditional use permits and temporary housing (usually mobile homes) out of the public-hearing arena and for approval at staff level.
Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed ordinance on the floor for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTIONS 10.02.00, 10.02.01 AND 10.02.02 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE TO ALLOW THE COUNTY MANAGER TO ISSUE APPROVALS FOR THE MAINTENANCE OF A MOBILE HOME OR TRAVEL TRAILER FOR USE AS A TEMPORARY RESIDENCE DURING CONSTRUCTION OF A PERMANENT RESIDENCE, AND ELIMINATING THE NEED FOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS FOR SUCH USE; AND CREATING SECTIONS 10.05.00 THROUGH 10.05.04 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE TO ALLOW THE COUNTY MANAGER TO ISSUE APPROVALS FOR THE MAINTENANCE OF A MOBILE HOME FOR USE AS A TEMPORARY RESIDENCE TO PROVIDE CARE OF THE INFIRM, TERMINALLY ILL OR DISABLED; MOVING REQUIREMENTS AND STANDARDS FOR SUCH USE FROM SECTION 3.04.01 (G) TO THE NEW SECTIONS 10.05.00 THROUGH 10.05.04 AND AMENDING SECTION 3.04.01 (G) ACCORDINGLY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
It was clarified that, if an applicant's request were denied, the applicant could petition the Board of Adjustment for a variance, which would be a quicker process; that there was also the Special Master process; that this was an effort to streamline the process. It was also noted that, historically, the Board has never denied the above requests, as noted.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the first hearing on Ordinance Number 2001-114, as read by title only. The second public hearing is scheduled for September 4, 2001, at 5:05 p.m.
PUBLIC WORKS/EQUIPMENT/ROADS - COUNTY AND STATE
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board, stating that they have just received three new pieces of equipment (one for each maintenance district) to do hot, in-place patching of the roadways. He invited the Board members to view the one found in the parking lot. He explained that the new equipment was necessary since the asphalt received from Ocala would not stay hot enough, by the end of the day, to properly put it down; that the new equipment would provide a better process; and that the training was currently taking place. He explained that he would need more staff to be able to contract the equipment out with the smaller cities but that they would work with the cities as they can.
PUBLIC HEARING -
ORDINANCE AMENDING CHAPTER XV OF THE LAND DEVELOPMENT
REGULATIONS RELATING TO WAIVER OF IMPACT FEES FOR VERY LOW
AND LOW INCOME HOUSING
Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER XV, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ROAD AND SCHOOL IMPACT FEES; AMENDING SECTION 15.00.03, ENTITLED WAIVER FOR VERY LOW AND LOW INCOME HOUSING; PROVIDING FOR THE DELEGATION TO THE COUNTY MANAGER THE AUTHORITY TO WAIVE IMPACT FEES FOR VERY LOW AND LOW INCOME HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
It was clarified that provisions were in place if an applicant's request was denied; that staff would be governed by the same rules used by the Board in making their decisions; and that the streamlining would make it easier for folks involved in the waiver process. It was noted that, historically, the Board has always approved these types of waivers.
Commr. Hill commented that she had no problem with streamlining the process but did not want to take the citizens out of the process; that they might want to be heard.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson expressed her appreciation for Commr. Cadwell's efforts in this regard, stating that the streamlining has been needed for a long time; that staff could handle the waivers. She acknowledged Commr. Hill's concern but felt that nothing would be lost in the process.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance Number 2001-115, as read by title only.
CLOSED SESSION/COUNTY ATTORNEY
At this time it was noted that the closed session, scheduled for ten o'clock, would be postponed until eleven o'clock; that the remainder of county business will be handled, other than Tab 39, at this time.
COMMUNICATION SYSTEMS/ROADS - COUNTY AND STATE
Commr. Pool stated that residents from his district have requested that Tab 3, the renaming of a portion of CR-561A, in the Clermont area of Lake County, be tabled for 30 days. He stated that Mr. Bruce Thorburn, Senior Director of Communications Systems, has agreed; that this is a good idea.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the postponement, for 30 days, of the request for approval of a resolution renaming a portion of CR-561A in the Clermont area of Lake County.
COMMUNITY SERVICES/LIBRARIES/MUNICIPALITIES/GRANTS
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
Commr. Hill addressed Tab 5, a request for approval and signature of amendments to Interlocal Agreements relating to the provision of library services with the governing bodies of the Lake County Library System six member libraries (Cooper Memorial Library Association, Inc.; City of Fruitland Park; Town of Lady Lake; City of Mount Dora; City of Tavares; and City of Umatilla); and Tab 6, a request for approval and signature on three Interlocal Agreements for reciprocal borrowing between Lake County and Osceola County, Volusia County, and the Polk County Library Cooperative, as follows:
Commr. Hill discussed in detail the issue of costs incurred by the County by entering into the Interlocal Agreements. She stated that, philosophically, it was a nice idea but wanted to be sure that the agreements would not be a burden to the cities or the Lake County Library System; that it was an equitable distribution of costs. It was noted that a large number of tourists use the Library System in the Clermont area (Cooper Memorial Library and Citrus Ridge Branch Library).
Mr. Fletcher Smith, Senior Director of Community Services, stated that there would be no costs involved; that the County is simply extending its services to the citizens of the other counties. He stated that the biggest impact is going to be in the Polk and Osceola County areas, specifically the Citrus Ridge Branch Library; that if these agreements became a burden on the County, that the County could cancel them and attempt to renegotiate. Mr. Smith reiterated that the Citrus Ridge County Library is always busy; that the tourists mainly come in to use the computers for Internet access, or to look at magazines for information about local events; that no library cards are issued to the tourists. It was noted that the library has just celebrated its first birthday and that they are in the process of installing some additional computer workstations.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, explained that Lake County is continuing to work with the other counties. He pointed out that Osceola County is currently providing significant fire help to Lake County on a similar type of Interlocal Agreement. He stated that Commr. Hanson and Commr. Pool both have been meeting with the respective chairmen from those counties, trying to come up with a joint service provision.
Commr. Hill also addressed Tab 7, a request for approval and signature of Fiscal Year 2001-2002 LSTA Grant Agreement - Born to Read/Family Literacy Project, in the amount of $95,768.00, stating her concern; that she was not clear as to what the County's portion was for this agreement. It was noted that about $32,000.00 is the County's match; that it all comes from either salaries or state aid grant funds; and that a lot of other grants were available but that the County has recently focused on the literacy grants.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Tabs 5, 6, and 7, as stated above.
DEEDS/COMMISSIONERS/COUNTY BUILDINGS AND GROUNDS
INDUSTRIAL DEVELOPMENT
Discussion occurred regarding Tab 10, a request for approval of extension to Deed Restrictions between First Capital Property Group, Inc., and the Lake County Board of County Commissioners allowing First Capital Property Group one more year to commence construction on Lot 14 of the Christopher C. Ford Industrial Park.
Mr. David Pierce, a resident of Montverde, principal of First Capital Property Group, Inc., and a general partner concerning Lot 14 of the Christopher C. Ford Industrial Park, addressed the Board stating that the request for an extension has been brought before the Board due to a hardship; that the 50% general partner has terminal cancer. He explained that it has been very difficult to obtain a development loan for fear that the partner's estate would be actively involved in the development. He stated that a potential buyer has been located, who is ready to develop. It was noted that this issue has already gone before the Industrial Development Authority (IDA) and that the IDA has recommended approval for a one-year extension.
Commr. Hanson, Board representative to the IDA, stated that she had no objection to the request.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve Tab 10, as stated above.
Under discussion, Commr. Hill inquired if it was appropriate for the Board to require that an escrow account be set up in case of a forfeiture, if the sale does not go through.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, explained that if the Board wanted to condition the extension on the deposit of additional moneys that it could be done. He stated that the only real issue is whether the County could possibly get a little bit more money for the property if it repurchased it and resold it to someone else. However, he explained, the goal of the County is not to repurchase the property, preferring to see it built and developed, which is why the IDA has recommended approval. It was noted that, due to the extenuating circumstances, it was justified.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
ACCOUNTS ALLOWED/OUTDOOR RECREATION
COUNTY BUILDINGS AND GROUNDS
Commr. Hill addressed Tab 12, a request for approval for pari-mutuel funds of up to $55,000.00 to be used to complete the construction of McTureous Memorial Park in the Altoona area; and Tab 13, Item Number 2 (contingent upon approval of Tab 12), a request for approval of a budget transfer in the amount of $55,000.00 from Land to Facilities and Capital Improvements, Improvements Other Than Buildings; that the funds are needed for monument replacement, ceremonial walkways, paved parking lot and roadway into McTureous Memorial Park for the Veterans' Day dedication ceremony on November 11, 2001. She stated her concern that the $55,000.00 was for the monument replacement alone; that earlier this year she had been informed that the monument would cost approximately $12,000.00.
Mr. Robert Stevens, Director of Parks and Recreation, explained that the money was not for the monument alone but was essentially also for the parking lot, the roadway into the park, and the retention ponds. He stated that no funds have been set aside yet for the building located at the park; that it is still being analyzed by Facilities Maintenance; and that the cost of the monument has been reduced. It was clarified that the $55,000.00 is the amount of money needed for the whole project and that approximately $12,000.00 has been set aside for the monument itself.
Commr. Hill thanked Mr. Stevens and the Parks and Recreation Department for their work at McTureous Memorial Park.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Tab 12, as noted above.
Commr. Hill noted that since Tab 12 has been approved, Tab 13, Item Numbers 1 through 8, should also be approved.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Tab 13, Items 1 through 8, as follows:
ACCOUNTS ALLOWED/COUNTY PROPERTY
1) Budget transfer in the amount of $27,995.00 from Reprographics Reserve to Fiscal & Administrative Services, Machinery & Equipment. The Xerox Doc 12 Color Copier is required to replace the existing Xerox 5760 Color Copier to allow the Reprographics Center to reliably process color printing jobs more rapidly and undertake more complex printing jobs. The Xerox 5760 is experiencing excessive downtime because the number of copies made are substantially in excess of the machine's capacity.
ACCOUNTS ALLOWED/OUTDOOR RECREATION
COUNTY BUILDINGS AND GROUNDS
2) Budget transfer in the amount of $55,000.00 from Land to Facilities and Capital Improvements, Improvements Other Than Buildings. Funds are needed for monument replacement, ceremonial walkways, paved parking lot and roadway into McTureous Memorial Park for the Veterans' Day dedication ceremony on November 11, 2001.
ACCOUNTS ALLOWED/BUDGETS/COUNTY BUILDINGS AND GROUNDS
3) Budget transfer in the amount of $1,050,000.00 from Buildings to Facilities & Capital Improvements, Buildings. The First Union Building Renovation project was approved at the June 12 BCC Retreat and is not reflected in the budget. The funds are available from existing capital projects that were initially budgeted but were deleted at the retreat.
ACCOUNTS ALLOWED/BUDGETS/COUNTY BUILDINGS AND GROUNDS COURTHOUSE/LIBRARIES
4) Budget transfer in the amount of $275,000.00 from Land to Facilities & Capital Improvements, Buildings. The Judicial Center Bollards project and the Groveland Library Renovation project were approved at the June 12 BCC Retreat and are not reflected in the budget. The funds are available from existing capital projects that were initially budgeted but were deleted at the retreat.
ACCOUNTS ALLOWED/GOVERNMENT AGENCIES/GRANTS
5) Budget transfer from Professional Services - $30.00; Contractual Services - $19,619.00; Travel & Per Diem - $29.00; Repair & Maintenance - $1,541.00; Improvements Other than Buildings - $2,746.00; and Machinery & Equipment - $2,600.00 (total amount $26,565.00) to Aids to Government Agencies. The transfer is necessary to establish accounting line 420.45046485.537.8800810, Aids to Government Agencies, to make funds available as a match for Playground Grant funds. Using Waste Tire Grant funds as matching funds for the Playground Grant is an acceptable expenditure under the Waste Tire Grant.
ACCOUNTS ALLOWED/LAW ENFORCEMENT
6) Budget transfer in the amount of $65,000.00 from Personal Services to Constitutional Officers, Capital Outlay. Funds are needed for the replacement of cameras in patrol vehicles. Funds are available in Law Enforcement - Personal Services.
RESOLUTIONS/ACCOUNTS ALLOWED
7) Resolution Number 2001-144, to amend the Lake County General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $1,800.00 from donations (the Eighth Annual Volunteer Recognition and Reception) and to provide appropriations for the disbursement of these funds to Promotional Activities pertaining to the Eighth Annual Volunteer Recognition and Reception.
RESOLUTIONS/ACCOUNTS ALLOWED/STATE AGENCIES
GRANTS/LANDFILLS
8) Resolution Number 2001-145, to amend the Lake County Landfill Enterprise Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $2,941.00 from the State of Florida Waste Tire Grant and to provide appropriations for the disbursement of these funds to Aids to Government Agencies for the purpose of management of waste tires in Lake County.
ACCOUNTS ALLOWED/ROADS - COUNTY AND STATE/COMMITTEES
Commr. Hill addressed Tab 18, a request for approval to pay $5,000.00 to the West Orange-South Lake Transportation Task Force (TTF) for 2001-2002 membership dues. She stated her concern that the TTF dues had gone from $500.00 to $5,000.00.
Commr. Pool explained that the purpose for the increase is two-fold: that the TTF is trying to put together a brochure explaining the enhancements to the Highway 50 corridor; and that part of the funds are for the lobbyist in Tallahassee, who, in the past, acquired $3.3 million, with just a $500.00 investment. He explained that the ultimate goal was to generate $40,000.00 for the TTF, with Orange County contributing $5,000.00 and each city putting in extra money. He emphasized that these funds will not be used for the proposed airport issue; that the TTF has not changed their original focus; and that all the money invested will either go for the brochures to inform the public or to the lobbyist who will help generate the dollars needed to do the Preliminary Design and Engineering (PD&E) study and ultimately the Highway 50 widening project.
Commr. Hill stated her concern over spending money on brochures and expressed the position that the Board could act in the lobbyist's position. She referred to Tab 31 of the Board Agenda, regarding the County Transportation Trust Fund Program, stating that there is a larger need for roads.
Commr. Pool explained that Rep. Randy Johnson, head of the Transportation Department in Tallahassee, was able to do a very good job for the TTF but that it takes votes from both the committee that Rep. Johnson has and from the legislative side, in order to get the needed funding, which the lobbyist can do.
Commr. Pool made a motion, which was seconded by Commr. Cadwell, to approve the partnership between Orange County and Lake County, to pay $5,000.00 to the West Orange-South Lake Transportation Task Force for 2001-2002 membership dues.
The Chairman called for a vote on the motion, which carried by a 4-1 vote.
Commr. Hill voted no.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/TOURISM
Commr. Stivender discussed Tab 30, a request for approval of the contract between Lake County and Cramer-Krasselt for Tourist Development Advertising Services for three years, with an option to renew for a single term of two years, in the approximate amount of $384,500.00 in Fiscal Year 2001/2002, and approximately $399,459.00 in Fiscal Year 2002/2003. She explained that the Tourist Development Committee (TDC) did approve that the Cramer-Krasselt contract come before the Board; that she did not have a problem with the contract; and that they were planning on having the Five-Year Plan Task Force brought back so that they could look over some new issues. She stated she wanted the public to know that they will be readdressing this issue, with the opportunity for further input. It was noted that while it is a three-year contract, it can be terminated at any time with a 90-day notice and payment of the amounts that have been expended up to that date.
Commr. Cadwell stated that he got a call last week from Mr. Ben Perry, Mayor of Leesburg, who has had some concerns regarding the direction of the TDC. It was noted that Commr. Stivender was looking into his concerns; that it was going to take a lot of thought and work; that people from different cities have also talked to her about the direction of the TDC, and wanting to be more involved in the process.
Commr. Pool stated he too had been contacted by Mayor Perry, who just wanted to make sure the TDC is heading in the right direction.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the contract between Lake County and Cramer-Krasselt, as stated above.
CITIZEN QUESTION AND COMMENT PERIOD
PRESENTATION/TOURISM/MUNICIPALITIES
Mr. Roy Hunter, Paisley, representing the members of the Northeast Lake Chamber of Commerce, stated that they have been trying to get the city of Paisley, Florida, to be a sister city of Paisley, Scotland, noting that Commr. Hanson has agreed, on her vacation, to plead their case in Paisley, Scotland. He stated that the Board of Directors of the Northeast Lake Chamber of Commerce unanimously elected Commr. Hanson to be their first ambassador.
Mr. Hunter introduced Mr. Scottie McCance, Tavares (originally from Paisley, Scotland), who presented Commr. Hanson with a map to find Paisley, Scotland; an original copy of the National Trust of Scotland; a video guide; a package regarding the Sister Cities Association; and a plaque setting forth Commr. Hanson as an honorary Paisleyan. Mr. McCance gave Commr. Hanson the name of Ms. Maggie Patterson as a contact person in Scotland. Commr. Hanson expressed her appreciation; that she was honored to have been selected as the first ambassador to Paisley, Scotland.
MENTAL HEALTH/SHERIFF'S DEPARTMENT
Mr. Roy Hunter discussed a recent event involving LifeStream Behavioral Center. He expressed his appreciation for the Sheriff and his staff in handling a difficult and unfortunate situation in a professional manner.
Commr. Hanson thanked Mr. Hunter for his efforts in the situation.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMUNITY SERVICES
CONTRACTS, LEASES AND AGREEMENTS
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board
regarding a lease agreement between Lake County and Triangle Industrial Park, Inc., to lease 6,000 square feet of space in order to relocate some office functions from the first floor of the County Administration Building, Department of Community Services, with sufficient space to relocate the Division of Probation and Court Services from its current facility to this site. Mr. Smith gave a brief history as to why the relocation was necessary; that the Supervisor of Elections needed more space. He stated that a reorganization of his department was done, restructuring the Section 8 Housing and Affordable Housing programs, as well as the Community Development Block Grant Program (CDBG), to make them solely sufficient on grant funds; that approximately half of the cost for the leased space and the accompanying charges will be paid out of available grant funds. It was noted that the landlord/owner will be responsible for the necessary renovations to the leased space.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved a five-year lease agreement, in the amount of $48,000.00 per year for five years, starting August 2001 (prorated), with Triangle Construction & Development, Inc., for space located at Triangle Industrial Park, Inc., 31150 Industry Drive, Tavares, Florida. It is also recommended that notice be given to Moore Holding Corporation (the owner of the leased space that Probation and Court Services currently occupies) that the Lease Agreement between Lake County and Moore Holding Corporation, which expires on November 19, 2001, will not be renewed.
ACCOUNTS ALLOWED/GRANTS/HEALTH DEPARTMENT/INDIGENTS
HEALTH AND GENERAL SERVICES
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board stating that several months ago the Board identified $5,000.00 to use for the services of a professional grant writer to assist in the application process for prescription medication programs for the medically indigent in the County; that since that approval, the Lake County Comprehensive Health Care Committee (Health Care Committee) has shifted their focus, and the South Lake Community Foundation (South Lake), along with other service agencies, has submitted a concept paper for a Robert Wood Johnson Foundation grant for the Health Links project, which will expand the provision of primary care, mental health service, and implement a pilot program of dental services for the County's at-risk populations. Mr. Smith explained that the Health Care Committee has requested that the $5,000.00 previously allocated for prescription medication programs instead be used to help offset the cost of preparing the grant application, if the Robert Wood Johnson Foundation were to invite South Lake to submit an application for funding. It was noted that the money would come out of the Lake County Health Department funds that are in reserve; that ultimately the County will benefit from the efforts of the grant writer; that if South Lake is not invited to submit a full proposal for the grant, then the County can look into using the $5,000.00 to seek funding sources for prescription programs for the medically indigent. Mr. Smith emphasized, however, that if South Lake is invited to do a proposal it will require all of the $5,000.00, plus some funds from the other service agencies, to have a professional grant writer do an in-depth grant proposal; that, if successful, the County could expect, over a three-year period, to receive approximately $1.5 million that could be put into building the Health Links System.
Commr. Hanson stated that she supported the request.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to participate with the South Lake Community Foundation, and other organizations, in submission of the Health Links grant application to the Robert Wood Johnson Foundation Local Initiative Funding Partners Program, in the amount of $5,000.00.
PROCUREMENT SERVICES/COUNTY PROPERTY
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, addressed the Board stating that staff had originally come to him requesting to auction off surplus county property listed on Attachments A, B, and C (found in the backup material at Tab 37); and that after looking at the list of items, it was suggested that rather than trying to sell these items, since very little revenue is received in return, to include the property in this year's United Way of Lake and Sumter Counties (United Way) sale. Mr. Minkoff asked that the Board declare the items found on Attachments A, B, and C as surplus county property. Mr. Minkoff explained that originally only the items listed on Attachments A and B were being offered as a donation to United Way; that the items found on Attachment C were to be evaluated for other disposal methods. He requested the following change to the recommendation: the ability to include items listed on Attachment C, as well, for the United Way sale.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board declared the items listed on Attachments A, B, and C as surplus to County needs and authorized their disposal, as noted above.
OUTDOOR RECREATION/ENVIRONMENTAL SERVICES/COMMITTEES
Mr. Allan Hewitt, Director of Lake County Water Resource Management, addressed the Board regarding changes to the Lake County Code for the Lake Apopka Development Design Guidelines, which are based on the report generated by the Lake Apopka Steering Committee. Commr. Hanson, at this time, took the opportunity to address comments made by the Orlando Sentinel regarding the Pine Island Project and that they continue to make. She was very critical of the media and felt that the issues were not presented in the proper perspective as it relates to the number of homes planned for the Pine Island Project; that the newspaper failed to focus on the facts; that the property is almost 1,500 acres, which would allow for a golf course and a lot more homes to be built than just the 500 requested by the developer. She stated that, in the end, the Orlando Sentinel does the public a tremendous disservice when they do not present all of the facts; that the editorials, based on less than the facts, become distorted; and that this is very unfair to the people of Lake County.
Commr. Pool expressed similar thoughts, noting that the developer for the Pine Island Project was willing to meet the 50-foot upland buffers from the high watermark; agreed to do the Outstanding Florida Waters designation, which was self-imposed, being a very expensive procedure; agreed to put in public trails throughout the project; and that the project will be a quality development, none of which was mentioned in the media articles.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved changes to the Lake County Code for the Lake Apopka Development Design Guidelines.
RESOLUTIONS/TRANSPORTATION
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board regarding the Transportation Outreach Program (TOP) projects for fiscal year 2002 (found in the backup material) and asked for a resolution endorsing the projects.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Resolution Number 2001-151, endorsing the Lake County applications for the Transportation Outreach Program funding.
CONTRACTS, LEASES AND AGREEMENTS/RIGHTS-OF-WAY,
ROADS AND EASEMENTS/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board requesting the approval and execution of an agreement between Lake County and Mr. Jeffery Feil for right-of-way regarding the SR-50/CR-455 intersection project.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the execution of an agreement with Jeffery Feil for right-of-way in conjunction with the SR-50 and CR-455 intersection project, in the amount of $3,400.00, in the Clermont area.
RESOLUTIONS/CONTRACTS, LEASES AND AGREEMENTS
GRANTS/ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board stating that the County is accepting money from the State for a grant.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Resolution Number 2001-152, supporting the Joint Participation Agreement (JPA) between the Florida Department of Transportation and the Lake County Board of County Commissioners for the County Incentive Grant Program Financial Project Number 410372-1-54-01, Design and Right-of-Way Phase for CR-470/CR-48 from SR-91 (Florida Turnpike) to US-27, in the amount of $650,000.00.
RECESS AND REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess for ten minutes.
CLOSED SESSION -
PENDING LITIGATION
The Board reconvened, and Commr. Hanson announced, for the record, that the Board of County Commissioners of Lake County, Florida, will hold a private meeting, commencing at 11:10 a.m. The meeting has been requested by Ms. Valeria Fuchs, Assistant County Attorney, and is being held to discuss pending litigation in which Lake County is a party. Those who will be in the meeting will be the County Commissioners Jennifer Hill, Robert Pool, Debbie Stivender, Catherine Hanson, and Welton Cadwell, as members of the Board of County Commissioners. In addition, the following persons will be in attendance: Mr. Sanford A. Minkoff, County Attorney/Interim County Manager; Ms. Valerie Fuchs, Assistant County Attorney; Ms. Melanie Marsh, Assistant County Attorney; and Mr. Jeff Keiner, Mr. Gordon Harris, Mr. Prineet Sharma, and Mr. Bruce Harris of Gray, Harris & Robinson, as outside counsel. The approximate time of the meeting will be an hour.
COMMISSIONERS
At 12:24 p.m., Commr. Hanson announced, for the record, that the closed session was concluded, during which pending litigation matters involving Lake Lowery, Covanta, and Sugarloaf were discussed; and that the regular meeting of the Board is to resume.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
COMMISSIONER CADWELL - DISTRICT #5
ACCOUNTS ALLOWED/AIRPORTS/MUNICIPALITIES
APPRAISALS/CONTRACTS, LEASES AND AGREEMENTS
Commr. Cadwell introduced Mr. Michael Hatfield, attorney for the City of Umatilla, asking him to give a report and brief history regarding the City of Umatilla Airport.
Mr. Hatfield addressed the Board and introduced Mr. Tim Scobie, the City of Umatilla administrator; and Mr. Andrew Holesko, of Passero Associates, LLC, as the City of Umatilla airport planner.
Mr. Hatfield explained that the City of Umatilla (City) plays a large role is assisting the Board in its duties and that the City's role also includes the City of Umatilla Airport (Airport). He discussed the history of the Airport and the problems it has faced over the years, leading up to today's issue, the purchase of two parcels of land, adjacent to the Airport, from the Sagis and Abrahamson families, who have already contacted the County requesting building permits for the construction of their homes, with the Sagis family having already started construction, in the Airport runway production zone (RPZ).
Mr. Hatfield explained the situation is fairly grave for the City; that the County controls the property, and he asked the County to enter into negotiations for the purchase of these two parcels of land in the RPZ. He stated the City intends, after the purchase is completed, to apply for grants to purchase it from the County. He reiterated that the Airport is an important part of the transportation element for both the County and the City, is an important part of the County's Comprehensive Plan, and it is part of the State Comprehensive Plan. He explained the reasons why the County should enter into negotiations, as follows: the transportation element; a viable capital asset to both the City and County; the need for a general-public municipal airport; the large capital investment that has already been made, in time and money, by the City and State; the almost unlimited future grant funds available to enhance the Airport; the benefit to both the County and State due to grant revenues being spent locally; the economic development impact resulting from the income received for the Airport; and that without the purchase of the remaining two parcels by the County, the Airport would not meet the minimum length requirements of a municipal airport and would again be closed by the State. Mr. Hatfield listed the many reasons and the types of people that need and use the Airport.
Mr. Hatfield thanked the Board for their attention and time, asking them to join in the effort to attempt to negotiate the purchase of the two parcels. He stated that Mr. Scobie and Mr. Holesko were available to answer any questions.
Mr. Bruce Duncan, attorney for the families of Mr. Clarke Sagis and Mr. Paul Abrahamson, who purchased the two parcels of property in question, addressed the Board. He gave a brief history regarding the purchase of the parcels, explaining how the lot splits occurred on the Bryant property, the purchase of the two lots by the Sagis and Abrahamson families, the pulling of a building permit to start construction on the Sagis home, the issuance of stop-work orders on the permit, and the eventual negotiations with the County to resume construction.
Mr. Duncan further explained their efforts in obtaining Federal Aviation Authority (FAA) and Florida Department of Transportation (FDOT) approval to continue to construct the home; that it was determined there was nothing illegal about the construction, but that it was a possible danger to the homeowners to live at the end of the runway. He discussed the items of construction that have already begun on the Sagis home and that Mr. Sagis should be reimbursed any moneys spent to improve his property should the County decide to purchase the property.
Mr. Duncan explained their position as follows: that discussions to purchase the property at this point are premature until a reply is received from the FDOT in answer to the question of would the FDOT stop the funding if the City of Umatilla were to allow the construction to continue. He asked that the Board, the City, the County, and the property owners send a letter to the FDOT requesting an answer to this question.
Discussion occurred regarding the amount of money that has been expended, the struggles the City has been through to have a viable general-aviation airport, and the need for the safe operation of the Airport.
Commr. Cadwell explained that while the FDOT does not control the use of the land, it has strongly urged that the City, through the County and on behalf of the Airport, ". . . encourage Lake County authorities to deny variances or permits in these specific cases. Such action on the County's part to deny the proposed construction would maintain compatibility in the land use vicinity of the Airport and a safe aircraft-operating environment at the Airport for persons and property in the air and on the ground, consistent with Florida Statutes."
Commr. Cadwell stated that it is the same with the FAA, which also does not control the use of the land, and which has stated as follows:
While the construction does not constitute a hazard to air navigation, it would be located within the Runway Protection Zone of the Umatilla Airport Runway 36. Structures that will result in the congregation of people within an RPZ are strongly discouraged and in the interest of protecting people and property on the ground. In cases where the FAA can control the use of the property, such structures are prohibited. In cases where the FAA exercises no control, advisory recommendations are issued to inform the sponsors of the eminent advisability of the project from the standpoint of safety and personal property.
Commr. Cadwell made a motion that the Board move forward and negotiate with the property owners, Mr. Clarke Sagis and Mr. Paul Abrahamson, in good faith, to purchase their property and reimburse them for any costs that were incurred by their reliance on any permits that were issued, and, in the meantime, in good faith on their part, to halt construction, cease improvements, or anything else on the property, until the negotiations for the buyback are complete; and that the City will prepare and enter into an agreement with the County to request the reimbursement of funds, from the FDOT, expended for the buyback of the subject property.
Commr. Pool seconded the motion for discussion, stating that, for the good of the community, as well as the property owners, and recognizing how much the community has spent and invested in the Airport, he felt it was of utmost importance to get the Airport completed. He inquired into the reimbursement process.
Mr. Andrew Holesko, Program Manager with Passero Associates, LLC, explained the process for seeking reimbursement for land-acquisition costs from the FDOT; that the Airport is listed on the FDOT Approved Airport Layout Plan; and that the Airport is listed in the Joint Airport Capital Improvement Program. He stated the belief that the FDOT will certainly provide funding for the land acquisition; that the FDOT has already committed $500,000.00 for land acquisition for the project and that another $434,000.00 is expected to be received next month for the purchase of the north RPZ. He believed that, when a request is made to the FDOT, the south RPZ will certainly be eligible for reimbursement, which would then be reimbursed to the County.
Under discussion, Commr. Hill inquired whether a letter could be expected back from the FDOT, confirming reimbursement, in a short amount of time, and, if the FDOT decided that the County did not need to purchase the property, would they still reimburse the County.
Mr. Duncan felt that if the County, the City, and the property owners joined together and explained to the FDOT the nature of the controversy and the situation the property owners are in, that certainly they would respond promptly. He realized that the letter from the FDOT discouraged construction in the RPZ, but he also felt they avoided the issue of whether or not funding would be withdrawn as a result of this construction.
Commr. Stivender noted that the Airport property is within the County's plan that they have submitted, and, from her experience, if it is in the plan, approved by the FDOT, then the funding will come back; that the chances for getting the money back were good.
Mr. Holesko confirmed that if the County were to purchase the property, and the City, as the Airport sponsor, were to request funding from the FDOT, that the County could expect reimbursement either during the current state fiscal year or, more likely, the next state fiscal year, beginning in July of 2002.
Mr. Holesko stated the opinion that the time frame for receiving a letter from the FDOT regarding whether funding will be received would have a wide-range impact for all of the public-use airports in the state of Florida; that you would not expect to receive such a letter because it would basically mean that the FDOT would be directly involved in a local land-use dispute on an airport.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, explained that the first stop order was issued because the FDOT stated that they should not be building there unless they get an FAA letter confirming that there was no hazard. He believed that staff was in support of the purchase; that the County probably would not be reimbursed for all of the costs; that it seemed senseless to build two homes right at the end of an airport that is trying to expand; and that whether it is County, City, or State funds involved, it would make sense not to build on the property.
Commr. Stivender commented that in the Code Book, years ago, there were drawings on the maps depicting the airport zones, the protection areas, the approach zones, etc.; that if someone were to request a permit within these areas, it would be questioned. She wondered if staff still had the availability of maps. In response, it was explained that staff still has access to these maps but that these permits were perfectly legal, under the current codes, and that staff is in the process of rewriting/updating them.
Mr. Holesko discussed reasons for not allowing construction to proceed in the RPZ; that there was the issue of height, regulated by FAA Regulation Part 77, which determines whether or not an object is a hazard; that even though height may not be an issue, the land-use issues may preclude construction, i.e, an Airport RPZ, which is there to enhance the protection of people and property on the ground.
Discussion occurred regarding the purchase price of the property. It was noted that negotiations would need to occur before arriving at a figure.
Mr. Holesko clarified that the FDOT will require that the certified appraiser, hired to determine the fair market value of the property, include all of the costs for which the County will be seeking reimbursement, such as actual land costs and the improvement costs, in his appraisal. It was noted that the final figure would need to come back before the Board for approval.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/ACCOUNTS ALLOWED
INDIGENTS/ STATE AGENCIES
Ms. Valerie Fuchs, Assistant County Attorney, asked that the Board approve the renewal of the current agreement with the law firm of Graves & Spivey.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the renewal of the Agreement between Lake County and Graves & Spivey and the Public Defender for Legal Representation for Indigent Criminal Defendants in the amount of $99,500.00.
ELECTIONS/ACCOUNTS ALLOWED
CONTRACTS, LEASES AND AGREEMENTS
Ms. Valeria Fuchs, Assistant County Attorney, asked that the Board approve the agreements between the State of Florida, Division of Elections, regarding the disbursement of the Voting Assistance funds, disbursement of funds for voter education, poll-worker recruitment, and training for the 2002 election cycle.
Commr. Stivender made a motion, which was seconded by Commr. Hill, for the Board to approve the agreements between the State of Florida, Division of Elections, regarding the disbursement of the Voting Assistance funds and disbursement of funds for voter education, poll-worker recruitment, and training for the 2002 election cycle. The first agreement is for the purchase or reimbursement of new voting equipment in the amount of $322,500.00, and the second agreement is to be used for poll-worker recruitment and training in the amount of $89,064.06.
Under discussion, Commr. Hanson stated that she spoke to Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, with regard to bringing the actual purchase of the new voting equipment back before the Board as soon as practical. She noted that she would not be present for the September 4 meeting.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
BONDS/ACCOUNTS ALLOWED
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, addressed the Board explaining that Circuit City, in connection with the expansion of their building, has obtained a temporary Certificate of Occupancy (CO), but, due to their refinancing, it is necessary for them to get a permanent CO. They have requested to post a cash bond, in the amount of $8,694.00, to guarantee that sod work will be done. He recommended that the Board accept the bond and allow them to get the permanent CO. He stated that Circuit City has agreed to put the sod back in within 30 days.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request by Circuit City, as noted above.
ROADS - COUNTY AND STATE/BUDGET HEARINGS
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, addressed the Board regarding the September 18, 2001, Expressway Authority presentation to the Board. It was noted that there would be a limited amount of time for people to respond to the Expressway Authority's presentation due to the budget hearings being held that evening. After some discussion, it was agreed that, in order to be fair and to give everybody a chance to speak, the Board would implement a card sign-in process, with designated time limits on the issues.
BOARD AGENDA
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, brought to the attention of the Board the new double-sided format for the backup material to the Board's Agenda. It was noted that the new format was fine and that staff would, in an effort to save money, continue to print the backup material in the new format.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
EVALUATIONS
Commr. Hanson requested that the Board members complete and submit their evaluations of the County Attorney, Mr. Sanford A. Minkoff, as soon as possible.
REPORTS
COMMISSIONER HILL - DISTRICT #1
COMMITTEES/IMPACT FEE/ONE-CENT TAX
Commr. Hill discussed the meeting of the Impact Fee Committee (Committee), scheduled for September, and the October 9, 2001, workshop/public hearing regarding the impact-fee issue. She asked whether the Board preferred that the Committee push the October date back a little bit, since the one-cent-sales-tax issue was coming up for a vote in November; that there was a concern that the two issues might be confused by the voters. After some discussion, it was agreed to reschedule the October 9 meeting to December/the first of next year, thereby delaying the impact-fee issue. It was recognized that there would be a resulting delay in the implementation of any fees until maybe March or April of next year, as opposed to January or February, but that it was better not to confuse the issues.
REPORTS
COMMISSIONER POOL - DISTRICT #2
MEETINGS/ROADS - COUNTY AND STATE/ROAD PROJECTS
Commr. Pool discussed the District 2 meeting, held July 23, 2001, with the FDOT and folks from the area, regarding improvements to the Highway 50 corridor, which was held at the Clermont campus of Lake-Sumter Community College. He expressed his appreciation for the use of the facility; that it was a very positive meeting; that the residents were eager to proceed with the six-lane opportunity, to open up the Highway 50 corridor and to expand it for east-west travel.
MUNICIPALITIES
Commr. Pool informed the Board that the City of Mascotte had their ribbon-cutting ceremony on Saturday, August 18, 2001, for their new City Hall; that they now have a very nice facility and are very proud of it. He invited the Board members to stop by and see the new City Hall; that the mayor and council members would be happy to see them.
COMMUNITY AFFAIRS
Commr. Pool congratulated the Bay Lake Baptist Church for their 112th homecoming. He stated that he and some of the Board members were in attendance. He thanked them for their hospitality, great food, good fellowship, and a good message.
FIRE PROTECTION
Commr. Pool noted that Fire Station No. 98, at Bay Lake, Groveland, was having its official ribbon cutting on September 8 for the opening of their new fire station; that they were very proud of the station; that it was something we all can be proud of.
REPORTS (CONTINUED)
COMMISSIONER CADWELL - DISTRICT #5
HUMAN RESOURCES/APPOINTMENTS-RESIGNATIONS
Commr. Cadwell noted that Ms. Lourdes Ramos, Senior Director of Human Resources, has resigned and will be heading to the South Florida Water Management District. He thanked her for the outstanding job she has done for the County, stating that he was sorry to see her leave. The Board expressed their appreciation for Ms. Ramos bringing Lake County to a different level and that they were sorry to see her leave.
RECESS AND REASSEMBLY
At 1:05 p.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
HUMAN RESOURCES/COUNTY MANAGER POSITION
Ms. Lourdes Ramos, Senior Director of Human Resources, discussed with the Board members the selection of five candidates from the list of ten recommended by the County Manager Recruitment Committee (listed below in alphabetical order), to interview for the County Manager position. The ten candidates are as follows:
Mr. Gary D. Adams, Rantoul, IL
Ms. Paulette Alexander, Mt. Dora, FL
Mr. Roger Baltz, Lodi, CA
Mr. Robert J. Bradshaw, Ft. Pierce, FL
Mr. Barry R. Evans, Lady Lake, FL
Mr. James R. Jarboe, Neptune Beach, FL
Mr. John J. McCue, Orange City, FL
Mr. William A. Neron, Pensacola, FL
Mr. Charles C. Saddler, Port Townsend, WA
Mr. Stephen M. Spratt, Miami, FL
It was noted by Commr. Hanson that the Recruitment Committee did an outstanding job; that all the candidates looked very good, were qualified, and all had Florida experience, being
familiar with the unique challenges that face Florida and its counties.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, explained the interview process as follows: On September 11, individual meetings will be set up with the Board members; that a reception will then follow that evening; and that the Board will hold a meeting the next day where the candidates will be interviewed as a group.
Ms. Ramos explained that the Recruitment Committee, not wanting to influence the Board's decision or go beyond the scope of their duties, refrained from informing the Board how they, through a point system, voted for the individual candidates. After some discussion today, it was decided that it would be helpful for the Board to have this information. After reminding the Board that it is difficult to assess anyone's strengths simply by reviewing their resume, Ms. Ramos informed the Board of the Recruitment Committee's assigned points, as follows:
Mr. William A. Neron - 101 points
Mr. Robert J. Bradshaw - 100 points
Mr. Barry R. Evans - 93 points
Mr. Charles C. Saddler - 87 points
Mr. Stephen M. Spratt - 86 points
Ms. Paulette Alexander - 73 points
Mr. Gary D. Adams - 66 points
Mr. John J. McCue - 58 points
Mr. James R. Jarboe - 56 points
Mr. Roger Baltz - 56 points
Ms. Ramos pointed out that no candidate was excluded from the process if they did not have Florida experience.
After some discussion, where the Board members each discussed, in detail, the individual candidates and the reasoning behind their selections, with Commrs. Stivender and Hill expressing some disappointment regarding the choice of candidates, the Board recommended that the following five top candidates be informed that they have been selected for the interview process:
Mr. William A. Neron
Mr. Robert J. Bradshaw
Mr. Stephen M. Spratt
Ms. Paulette Alexander
Mr. John J. McCue
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to inform the top-five candidates, as noted above, that they have been selected to be interviewed for the vacant County Manager position.
Under discussion, Commr. Hanson stated that she thought one of the candidates had applied for the County Manager position in the past.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
It was noted that on Tuesday, September 11, there would be no Board meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 1:50 p.m.
________________________________________ CATHERINE C. HANSON, CHAIRMAN
ATTEST:
___________________________________
JAMES C. WATKINS, CLERK
KAS/BOARDMIN/8-21-01/9-11-01