The Lake County Board of County Commissioners met in regular session on Tuesday, October 2, 2001, at 9:00 a.m., in the Board of County Commissioner's 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, and Jennifer Hill. Commissioners not present: Debbie Stivender. Others present were: Sanford A. Minkoff, County Attorney; Melanie Marsh, Assistant County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; Toni M. Riggs, and Deputy Clerk.
Commr. Hanson noted that Commr. Stivender would not be present for the meeting, due to illness.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
It was noted that there were no proposed revisions to today's agenda.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of August 21, 2001, Regular Meeting, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts' Consent Agenda (Items 1 through 6), as follows:
Request to approved Contractor Bonds, as follows:
4098-02 Stanley E. Dollen/S.E. Dollen, Inc.
4535-02 John F. Kiley dba Kiley & Sons, Inc.
4536-02 Peltz Inc. dba Mike Peltz Professional Plumbing
4804-02 James F. Chaffee/D & J Electric Company, Inc.
5695-02 Timothy R. Johnson dba R.T.D. Industries
5795-02 Calvin Andes & James Rabun dba Walters Electric, LLC
5821-02 Stephen Pirolli dba Sparky Electrical Services
5860-01 Daryl L. Carbaugh
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.
Request to acknowledge receipt of an ordinance amending the boundaries of the City of Tavares by annexing the property generally described as 10.35 acres located on County Road 561 south of Lake Dora Recreation; rezoning the property from County Community Facilities District to City Residential Multi-Family (RMF-2); subject to the rules, regulations and obligations ordained by the City of Tavares Council; providing for an effective date.
Request to acknowledge receipt of the Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending August 31, 2001.
Request to acknowledge receipt of a Copy of Report No. 02-025, an Operational Audit of the Universities and Community Colleges Florida Student Assistance Grants for the Fiscal Year Ended June 30, 2000, received from the Auditor General, State of Florida.
Request for approval and execution of Satisfactions of Judgment, as follows:
State of Florida vs. Franklin Z. Gomez, in the amount of $250.00
Case No. 0000669-CFA-01
State of Florida vs. Isaac Few, in the amount of $250.00
Case No. 94-948-CFA
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hanson stated that, under the County Manager's Consent Agenda, she would like to pull Tab 14 from the Agenda, and Tab B. 2. from Addendum No. 1, for discussion.
Commr. Cadwell stated that he would like to make a comment on Tab 7, but he did not need to pull it, and Commr. Hanson noted that she only wanted to make comments regarding Tab 14 and Tab B.2.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the County Manager's Consent Agenda (Tabs 3 through 21) and Addendum No. 1. (I. A. and B).
Under discussion, Mr. Sandy Minkoff, County Attorney/Interim County Manager, addressed Tab 16 regarding Spring Valley Phase and stated that the request should include the following: a second Letter of Credit in the amount of $16,090 and a third Letter of Credit in the amount of $25,495.
Under discussion, Commr. Cadwell stated that, in regards to Tab 7, Lake-Sumter EMS, Mr. Jim Judge was present from EMS, and he wanted to extend his appreciation to him for his work in helping to increase the service in the Paisley area, and to Commr. Hanson for her long time efforts.
Commr. Hanson extended her appreciation to Commr. Cadwell and to the members of the community for their efforts in helping to get the needed service in this area.
In regards to Tab 14, Commr. Hanson questioned whether duckweed was included in the request as a major exotic aquatic plant.
Mr. Eric Cotsenmoyer, Mosquito & Aquatic Plant Management Director, addressed the Board and stated that it would be included in the management program.
In regards to Addendum No. 1, I. B. 2., Commr. Hanson stated that she was aware that a section of CR44 has been closed as of yesterday. She noted that there are some businesses on that section, and she wanted to make sure that staff contacts them to let them know the time frame and the reasons why it is taking so long, and to make sure that there are adequate detour signs.
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and stated that the road would be closed for two weeks. He noted that the rain has caused staff to restructure the project and this is the fastest turnaround they could make for that area. The area consists of CR44 north of Eustis and east of SR19. He further noted that staff developed detour work for the Eustis Police Department, because most of the traffic is going to go through there. Mr. Stivender stated that the work should eliminate some of the soft spots that have been occurring over the last ten years on that road.
Commr. Hanson called for a vote on the motion, to approve the following County Manager's Consent Agenda, Tabs 3 through 21 and Addendum No. 1, I. A. and B., with the additional information added to Tab 16, with the motion being carried unanimously by a 4-0 vote:
Accounts Allowed/Health Department
Request from Community Services for approval of transfer of computer equipment purchased in 1996 from the Lake County Health Department to the Hernando County Health Department that cost $23,230.00 when purchased using State funding.
Accounts Allowed/Contracts, Leases & Agreements/Health Department/State Agencies
Request from Community Services for approval and authorization for the Board Chairperson to sign a Contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department during contract term 10/01/2001 through 09/30/2002. (Fiscal impact - $415,183.00).
Accounts Allowed/Ambulance-Hospitals/Community Services
Request from Community Services for approval to continue the direct pay procedure during FY 2001/2002 for the monthly Medicaid Nursing Home and Hospital bills as well as for direct pay for the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 2001, in the amount of $1,840,807.00.
Accounts Allowed/Contracts, Leases & Agreements/Economic Development
Request from Economic Development for approval of the Master Agreement and IDA Agreement between Lake County and the Economic Development Commission of Mid-Florida for the fiscal year 2001-2002 in the amount of $215,185.00.
Emergency Services/Fire Stations/Municipalities
Request from Emergency Services for approval to house a Lake-Sumter EMS Quick Response Vehicle at Fire Station 21 in Paisley.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Taxes/Municipalities
Request from Facilities and Capital Improvements for approval and authorization for the Chairman to sign a First Amendment to Agreement to the Infrastructure Sales Tax Funds Grant with the Town of Lady Lake for a one-year extension to September 30, 2002 of the project completion deadline. (Fiscal impact - $10,000)
Accounts Allowed/Contracts, Leases & Agreements/Parks & Recreation
Request from Facilities and Capital Improvements for approval for the Chairman to execute a First Amendment to Agreement between Lake County and the Lake County Soccer League, Inc. relating to contribution of Regional Park Improvement Funds for a six-month extension. (Fiscal impact - $15,000)
Accounts Allowed/Bids/Emergency Services/Fire Stations
Request from Fiscal and Administrative Services for approval of a budget transfer in the amount of $155,750.00 from Contingency - County Fire Control to Emergency Services, Buildings. The bid to build the Astor Fire Station came in higher than was budgeted, so additional funds are needed.
Accounts Allowed/Impact Fees
Request from Fiscal and Administrative Services for approval of Impact Fee Refund request to James A. Kurzon in the amount of $2,673.00 due to road impact fees overcharged on permit.
Accounts Allowed/Impact Fees
Request from Fiscal and Administrative Services for approval of Impact Fee Refund request to Ashland Homes, Inc. in the amount of $1,343.00 due to road impact fees overcharged on permit.
Accounts Allowed/Impact Fees
Request from Fiscal and Administrative Services for approval of Impact Fee Refund request to Community Sunlake Joint Venture in the amount of $1,004.00 due to miscommunication at time of permitting. Home is two bedrooms, not three bedrooms.
Parks & Recreation
Request from Growth Management for approval for the construction of two boat ramps within the Royal Highlands Recreation Park.
Resolutions/Roads-County & State
Request from Public Works for approval of Resolution 2001-192 authorizing the posting of speed limit signs on the following roads in the Lake Mack area:
Hillside Drive (4-8798D) Hillside Drive West (4-8798E)
Hill Drive (4-8798F) Lakeside Drive (4-8798G)
Sunset Trail (4-8798H) Pine Drive (4-8798I)
Skyline Drive (4-8798J) Holly Way (4-8798K)
Deeds/Rights-of-Way, Roads & Easements
Request from Public Works for approval to accept one Easement Deed, one Partial Release of Mortgage Deed, two Statutory Quitclaim Deeds and one Temporary Non-Exclusive Easement Deed, as follows:
M. Wade Bradford and Janice M. Bradford - Legal Access
Partial Release of Mortgage -
Lillie Ann Jones, et al - Oak Street Road - Road Project
Statutory Quitclaim Deed -
Richard and Mary Walker - Central Blvd. - Deerhaven Rd. Proj.
Jack and Bonna Styer, et al - North West Ave. - Deerhaven Rd. Proj.
Temporary Non-Exclusive Easement Deed -
Britton H. Barnes, et al - Lake Emma Road - 2-2119 - Road Proj.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request from Public Works for approval and signature on the Florida Department of Environmental Protection Contract Agreement with Lake County for the management of major exotic aquatic plants in the amount of $113,810.00.
Accounts Allowed/Contracts, Leases & Agreements
Request from Public Works for approval and authorization to release a letter of credit for performance in the amount of $224,400.00; accept a letter of credit for maintenance in the amount of $4,378.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Shangri-la By The Lake, Inc.; and execute Resolution 2001-193 accepting Forest Lake Road (County Road Number 5-5842) into the County road maintenance system.
Accounts Allowed/Contracts, Leases & Agreements
Request from Public Works for approval and authorization to accept the final plat for Spring Valley Phase 1; accept a Letter of Credit in the amount of $155,300.60; a second Letter of Credit in the amount of $16,090; a third Letter of Credit in the amount of $25,495; and execute a Developer's Agreement for Construction of Improvements between Lake County and Siena Home Corporation.
Accounts Allowed/Bonds/Deeds/Contracts, Leases & Agreements
Road-County & State/Resolutions/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Glenbrook Subdivision; accept a Conservation Easement Deed from Whitemark Homes, Inc.; accept a maintenance bond in the amount of $63,121.22; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Whitemark Homes, Inc.; and execute Resolution 2001-194 accepting the following roads into the County road maintenance system: Morning Star Drive "Part" (County Road Number 2-0162B), Rolling Green Drive "Part" (County Road Number 2-0162C), Palm Springs Drive (County Road Number 2-0162D), Hidden Springs Drive (County Road Number 2-0162E), Lake Vista Court (County Road Number 2-0162F), and Glenbrook Boulevard (County Road Number 2-0163C). Subdivision consists of 266 lots - Commission District 2.
Accounts Allowed/Bids/Road Projects
Request from Public Works for approval to award #2/3-2729 East Dewey Robbins Road Phase II Paving Project No. 2001-17, Bid No. 01-115, to Art Walker Construction, and to encumber and expend funds in the amount of $348,173.75 from the Sales Tax Fund. Commissioner District 2/3, Benefit District 4.
Accounts Allowed/Bids/Road Projects
Request from Public Works for approval to award CR-437 (North) Widening & Resurfacing Project No. 2001-18, Bid No. 01-114, to Art Walker Construction, and to encumber and expend funds in the amount of $305,047.28 from the Sales Tax Fund. Commissioner District 4, Benefit District 2.
Accounts Allowed/Contracts, Leases & Agreements/Solid Waste
Request from Solid Waste Management for approval of Agreement with Lake County and IFCO Industrial Container Systems to pick up used waste drums. (Fiscal impact - $150).
Request to approve Proclamation 2001-195 recognizing November 15 as Lake County Recycles Day in conjunction with America Recycles Day and Florida Recycles Day.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Contracts, Leases & Agreements/Emergency Services
Request from Emergency Services for approval of Lake-Sumter EMS Contract for Fire Dispatching Services in the amount of $151,901.74.
Request from Public Works for approval and authorization to encumber and expend funds from the Transportation Trust in the amount of $26,000.00 to Superior Asphalt of Central Florida, Inc. for the emergency repair of an erosion problem within Lake Swatara Reserve Subdivision - Commission District 4.
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to execute change order #1 in the amount of $83,856.00 for unanticipated road repairs required for the CR-44 "Part" Widening & Resurfacing Project No. 2001-13.
Commr. Hanson presented awards to the following individuals, as Ms. Helena Osborne-Ponsi, Volunteer Coordinator, presented information about each:
Presentation of Award to Employee with Five Years of Service
Elizabeth "Betty" Rushe, Welcome Center Worker, Tourism
Presentation of Awards to Employees with Ten Years of Service
Russell Cheatham, Chief Mechanic, Public Works, Mosquito/Aquatic
John Guglielmi, Hazardous Materials Service Technician, Public Works, Mosquito/Aquatic
Presentation of Awards to Employees with Fifteen Years of Service
David Block, Fire Lieutenant /EMT, Emergency Services, Fire Rescue (not present)
Wanda Williams, Code Enforcement Professional, Growth Management, Code Enforcement
Sue Gullickson, Contracting Officer, Fiscal & Administrative, Procurement
Presentation of Awards to Members of the Employee Advisory Committee
Tom Eicher, Solid Waste Management Services (not present)
Scott Grippin, Public Works, Aquatics
Andrea Kennard, County Attorney
Debbie Kohler, Growth Management, Building Services
Erin Oliver, Community Services, Library Services (not present)
Catherine Simpson, Solid Waste Management Services
Roy Weddle, Public Works, Signs, Signals, Striping
Presentation of Award for "Employee of the Quarter"
Rose Mary Lane, Day Custodian, Facilities & Capital Improvements, Facilities Management, Custodial
Presentation of Award for "Supervisor of the Quarter"
Charlie Kent, Area Maintenance Supervisor, Public Works, Maintenance Area I (Leesburg)
Presentation of Awards to Retiring Volunteer Fire Personnel
Frank McCabe, Station 54
Dutch Sherfield, Station 54 (not present)
At this time, Commr. Hanson welcomed Ms. Helen Pearce, Mayor of Montverde, and Mr. Jason Yarborough, City Manager of Groveland, who were present in the audience.
PUBLIC HEARING -
LAKE COUNTY PUBLIC HOUSING AGENCY (PHA) ANNUAL PLAN FOR FY 2001 AND PRESENTATION OF THE FIVE-YEAR PLAN AND PROGRESS REPORT FOR FY 2000-2004
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that this is a public hearing on the Lake County Public Housing Agency (PHA) Annual Plan for FY 2001 and a presentation of the Five-Year Plan and Progress Report for FY 2000-2004. Mr. Smith noted that these items have been made available to the public for a 45 day period. He stated that Ms. Mary L. (Mickey) Mahoney was present and she is a member of the Resident Advisory Board for the PHA. He explained that the Board of County Commissioners is actually the governing board for the Public Housing Agency and HUD requires that they have someone who is a resident, or participant, in the program itself to sit on the governing board, and therefore, Ms. Mahoney will be voting with the Board today.
Ms. Cheryl Thomas, Housing and Community Development Director, addressed the Board and explained that HUD recently interpreted federal legislation to mean that they must have a resident added to the governing board, as noted in the Quality Housing and Work Responsibility Act of 1998, which became effective October 31, 1999. Ms. Thomas noted that staff has advised the Resident Advisory Board members of the opportunity to serve as governing board members, and three of those residents have volunteered to serve. Ms. Thomas stated that the resident governing board member, Ms. Mahoney, will participate and vote with the Board today in this capacity.
Commr. Hanson 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 to accept the Lake County Public Housing Agency (PHA) Annual Plan for FY 2001 and the Five-Year Plan and Progress Report for FY 2000-2004.
It was noted that the unanimous vote included the vote of Ms. Mahoney.
PUBLIC HEARING -
FRANCHISE RENEWALS WITH GALAXY CABLE AND TIME WARNER COMMUNICATION
Mr. Bruce Thorburn, Communication Systems Director, addressed the Board and stated that, under the Federal Communications Commission (FCC) rules, the County has a three year window, from the time of termination of any franchise agreement, to negotiate renewal, and they are required to have at least one public hearing to get input regarding the quality of services provided by those cable companies. Mr. Thorburn stated that, about a year and a half ago, he sent a copy of the already negotiated contract with Comcast, to Time Warner, since they are basically the same, and a copy of the recently negotiated Florida Cable contract to Galaxy for review and response. He stated that Time Warner has already rebuilt their network, which was one of the prerequisites for the Comcast renewal. He further stated that Galaxy Cable's network is not as updated as Florida Cable and that might be one point of reference for negotiations. In addition, the Comcast renewal was predicated upon completion of their network overhaul, at which time staff would authorize a seven year renewal. Mr. Thorburn stated that one recommendation for Time Warner would be that they look at a seven year contract with the possibility of a ten year negotiated contract, but that would be up to the Board. He stated that records indicate that there were only two complaints against Galaxy Cable within the last one year; there is none on record for Time Warner.
Commr. Hanson 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. Pool made a motion, which was seconded by Commr. Cadwell, to approve the Franchise Renewals with Galaxy Cable and Time Warner Communications.
Under discussion, Mr. Thorburn noted that staff does not actually have the agreements and that this hearing was for public input and to get Board input and direction to take this forward. Mr. Thorburn noted that, once they have any kind of preliminary document, they will bring it back for Board review.
Commr. Pool withdrew his motion, and Commr. Cadwell withdrew his second to the motion, with it being noted that no action was needed at this time.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that the County has had requests from additional municipalities for the County to provide animal control services to them. Mr. Minkoff noted that the County currently provides three different levels of service to the cities, and staff needs some guidance from the Board on how to go forward with the requests.
Ms. Rene Segraves, Field Operations Manager, Animal Control, addressed the Board to discuss the current responsibilities of Animal Control and the impact of handling additional cities. Ms. Segraves reviewed the numbers in her presentation backup material dealing with general work orders from 1998 to 2001. Her material included neighboring county statistics and information showing that currently the County and municipality interlocal agreements fall into three categories, as follows:
The County lends assistance to the City Police Department and/or public works employee in emergency situations (some have their own ACOs).
Currently six cities fall in this category:
The County lends assistance to City Police Department and/or public works employee in emergency situations and picks up animals from city holding pens.
Currently five cities fall in this category:
County handles all animal control calls/work orders
Currently three cities fall in this category:
And five more have requested that the County handle all control calls/work orders:
Ms. Segraves stated that, out of the 14 cities in Lake County, Tavares, Minneola and Montverde are currently serviced 100% by Lake County Animal Control. In FY 99/00, Animal Control received 500 dogs and 737 cats from the three cities alone. With the additional cities, these numbers will significantly increase (work orders and the number of animals). In 2000, Animal control received 9,822 animals; of those 7,345 were destroyed (75%). She noted that these numbers will also increase with the additional cities. Ms. Segraves reviewed the information showing the breakdown of how the animals are received (cats and dogs) and the disposition numbers.
Ms. Segraves stated that Animal Control Officers (ACOs) drive an average of 200 miles a day and average at least 1,940 work orders each per year. At this time, she reviewed the current hours of operation noting that there is one ACO on Saturdays and Sundays (including 24 hour on call). Staff reviewed three maps that showed when the ACOs were on duty.
Ms. Segraves stated that Animal Control received the FACA State Award for three consecutive years (employee and shelter) and noted that Lake County's current average tenure is 9.8 years; the industry standard is two years. She feels it would be best to handle the cites, but the services will suffer, if the County does not add more ACOs.
Mr. Minkoff stated that, at the current time, there is no fiscal contribution from any of the cities. He noted that one of the contracts called for payments, but they were not made. He stated that Animal Control is funded out of the ad valorem taxes in the General Fund.
Commr. Cadwell questioned the difference between the County ordinance and city ordinances, in terms of animal control.
Ms. Segraves stated that some of the cities use the County's ordinance and some of them have their own, but they are fairly close to being the same.
Mr. Minkoff stated that, if the County could get much more enforcement and support from the pet owners and veterinarians to raise additional funds from licenses, this would be one source of funding that may be available, and staff is exploring this aspect of funding, but at this point, that income is relatively minimal to the department.
Ms. Segraves stated that, if the County took on the responsibility of additional cities, their budget would require a minimum of two more ACOs, which she had put in the budget, and they would require vehicles. When she originally started putting this information together, she had three cities that had stated that they wanted the County to do their services, and now there are two more cities wanting to be added, so there will be a need for more officers.
Mr. Minkoff stated that, in this year's enhanced budget, the Animal Control department had requested two additional people. He explained that the Animal Control department would like to say that it will go forward with any city that would like to utilize the County's services and adopts the County's ordinance, which is a prerequisite, and then at mid-year, the department would like to come back to the Board and present the impact and say how many additional people they will need and have the Board fund their request. Mr. Minkoff clarified that staff did not want the Board to tell them to go forward with the cities without understanding that they will be asking for additional people.
Commr. Cadwell stated that, if it is a General Fund budgeted item, it would be difficult not to provide those services to the cities that are requesting them, if they are needed. He felt that the Board should move forward in this direction, and by mid-year, the Board will know how much more pressure the additional cities are putting on the department.
Ms. Segraves explained that the department is pretty well stretched to its limit right now, and she explained how staff currently handles calls.
Commr. Pool discussed the possibility of having the Health Department, or some other agency, share in the responsibility of reporting incidents, or taking the calls, with it being clarified that a lot of the cases happen at different hours of the day and night.
Mr. Minkoff explained that the County's ordinance for animal control is up to date and is a really good ordinance, and one of the things that the Board was going to address was how the process was done. He noted that the last County Manager did address that in terms of who would hold those hearings. He stated that staff members do, on a regular basis, appear in court, and there are citations issued by the department once or twice a month.
Mr. Minkoff explained that the County will still accept animals from any city that still wants to have their own full time animal control officer, and if the city wants enhanced services over and above what they have now, they could perhaps provide those by contract. So basically the County would be willing to provide the same service countywide, and it would take a request from the city council and adoption of the County's animal control ordinance. Mr. Minkoff stated that Ms. Segraves would like to have a commitment that the Board will add the people come January to March.
Ms. Segraves discussed the spaying and neutering program and noted that staff is trying to get their own clinic by collecting donations. She explained that it is also very important that they educate the public about animal control. In terms of support from other agencies, she stated that the Sheriff's Department is very helpful to them, and they have a very good working relationship, and in terms of working with veterinarians, staff feels that they should receive a different amount of funds from the sterilization program, but they are also working together. She informed the Board that she recently did an educational program with the Lake Sumter Community College to promote public awareness, which she feels was very successful.
Mr. Minkoff stated that staff would like some direction from the Board. If they are to add the cities, they will begin the process of working out the interlocal agreements and having their ordinance adoptions done and bring those back to the Board. Mr. Minkoff noted that staff will try to develop some statistics to bring back to the Board in January for a mid-year adjustment.
It was noted that it was the consensus of the Board that staff take the direction, as noted above by Mr. Minkoff.
Mr. Minkoff stated that last month Animal Control was informed that they were chosen as the outstanding agency of the year in the State of Florida by the Animal Control Association, and they will be receiving an award in November. He stated that this is the third year in a row that they have been chosen.
Mr. Minkoff wanted to acknowledge Ms. Terrie Diesbourg, Customer Service/Team Leader, Growth Management, who was very helpful to Ms. Segraves in preparing the presentation.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Skip Goerner, Chairman of the Harris Chain of Lakes Restoration Council, addressed the Board and stated that, on behalf of the entire Council, he would like to extend his appreciation to the Board for the support they have already given the Council by providing the Board chambers and the means to record their meetings, which saves them a lot of money. He also thanked the Board for helping them organize their first meeting. He stated that he has provided the Board with a copy of the 2001 legislation that has created the Council and its duties, as noted on Page 3, Lines 15 through 31, which he reviewed with the Board. Mr. Goerner stated that, in the past, funding requests to the Legislature from the District for the Harris Chain have fallen short, and as a result, the waterways continue to be affected in many ways, but with the passing of the legislation, and the formation of this Restoration Council, they now have the clear support of the Legislature. He explained that originally the legislation provided for the appropriation of $145,000; $100,000 for the Fish and Wildlife Conservation Commission to conduct a demonstration project for the purpose of creating better habitat for fish and wildlife and $45,000 appropriation paid to the St. John River Water Management District (SJRWMD) for the purpose of paying administrative, per diem, and travel expenses for the Restoration Council. The $100,000 appropriation was retained; the $45,000 administrative appropriation was not retained. The Council will be producing a much reduced budget at their next meeting. On Thursday, October 4, 2001, their budget figure will be approximately $25,000 (FY 2001-2002). He stated that the SJRWMD has appropriated $10,000 to support this Council, and the Council is going to ask the Water Authority for matching funds. Mr. Goerner stated that he was
here today asking the Board for their support of the Council, by appropriating funding for FY 2001-2002, in an amount not to exceed $5,000 and for their partnership in this effort, and to invite them to participate in this Council as well. He explained that, even though it is not part of the legislation, it is important to have local government involved. Mr. Goerner stated that Mr. Jim Stivender, Senior Director of Public Works, addressed them last week on some of the stormwater projects, and he would be a good representative of the Board, and the Board could appoint a liaison, but they need to work together cooperatively to go to the Legislature for this funding. Mr. Goerner noted that he also served on the Lake Griffin Restoration Task Force, which was formed by two legislators but was not empowered by the Legislature, with no recommendations or report being made to the legislature. They did present $7.5 million of funding requests to the legislature, but they got no funding. He stated that a report was presented to the Legislature from the Lake Panasoffkee Restoration Council, which was formed exactly like the Harris Chain of Lakes Restoration Council, by the Legislature, and in their first year, they got $5 million of funding. They now have $13 million of funding.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that staff has not seen Mr. Goerner's request, but if the Board wishes to go forward with this request, staff will bring back an interlocal agreement and a funding source at a future meeting.
Commr. Hanson noted that it was the consensus of the Board for staff to take the direction outlined by Mr. Minkoff.
Mr. Goerner stated that the Council is requesting their 2002-2003 budget at the State level, and they would like to have a letter of support from the Board to send along with their request.
Commr. Hanson stated that the request for a letter can be placed on the agenda at the same time that the Board looks at the funding being requested by the Restoration Council.
Emergency Services/Roads-County & State
Mr. Roy Hunter addressed the Board and extended his appreciation to the Board members individually, and as a Board, for the Quick Response Vehicle (QRV) in Paisley.
Mr. Hunter stated that there is an ongoing road problem in Northeast Lake County. The road conditions in this area, particularly Lake Road and Lake Sinclair Road, are very severe. At this time, Mr. Hunter explained the seriousness of these conditions and noted that, not only will people be affected by these conditions, but the personal vehicles and County emergency vehicles will suffer greatly from these conditions. Mr. Hunter stated that Ms. Cheryl Dunagin who lives on Lake Sinclair Road has a situation that needs some attention right now. Mr. Hunter reminded the Board that it will not cost the County any money, because the material is free from the forest, and they only need staff to haul it and spread it.
Ms. Cheryl Dunagin addressed the Board and presented letters from two doctors addressing the health conditions of her husband and another resident in the area. Ms. Dunagin also presented four pictures of the roads in this area. Ms. Dunigan stated that she is speaking on behalf of her husband and on behalf of all of the residents that live in this area of Lake County. She stated that there are approximately six people in this area with serious cardiovascular problems, and one of them is on 24 hour oxygen. She explained that a situation had occurred not long ago where the emergency vehicles were unable to reach several individuals in this area to give them timely medical attention. Ms. Dunagin stated that her husband has a serious heart condition, and she called for emergency services on two occasions, and they had difficulty getting to her home, because of the condition of the roads. She explained the pictures that she presented which showed the wash-a-way and problems on the "S" curve and stated that she had repaired the erosion on the road, at one point in time. Ms. Dunagin stated that the residents have not had police patrolling this area since the wash out has occurred, because they are not able to get in or out of there. She understands that funds were given to the Lake Kathryn area for the clay to be put on the roads, and her daughter lives in the area where the roads were clayed, and she now understands that there is a grant for the paving of the Lake Kathryn area. Ms. Dunigan stated that there are a lot of low income families in her area, and she understands that the only way the County will take over maintenance on the road is if it is paved, but she, as well as others, do not have the money to have it paved. She asked the Board to include the paving of the "S" curve on St. Clair Road, when they approve the request for the claying of Jewel Road. It was noted that Jewel Road will be clayed, once the County gets the required right-of-way.
Commr. Hanson stated that Mr. Jim Stivender, Senior Director of Public Works, will be giving the Board a report on this issue later on in the meeting.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS
Mr. Jim Stivender, Senior Director of Public Works, explained the request for approval of the Florida Commission for the Transportation Disadvantaged Planning Grant Agreement noting that there is no match.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval of the Florida Commission for the Transportation Disadvantaged Planning Grant Agreement Contract Number AK318 in the amount of $19,923.00.
PUBLIC WORKS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Senior Director of Public Works, was present to address the concerns brought forth earlier by Ms. Cheryl Dunigan, under citizen questions and comment.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that last week he and Mr. Stivender and the Sheriff's Department took some action to help one homeowner whose home was flooded in this area. Mr. Minkoff stated that they are prepared to take action to keep his house from being flooded. Mr. Minkoff stated that, if people had been blocked from access totally to their homes, he would have authorized Mr. Stivender, under an emergency basis with the Chairman's consent, to repair the necessary routes, but they were not able to see any homes where there was not any other way around them. He stated that, in most of these areas, the County does not have right-of-way, or they are unmaintained roads, so except in an emergency situation, without Board direction, staff was not planning on doing any work there.
Mr. Stivender reviewed the status of the three roads, Fonseca, Big Foot and Jewel and stated that eight out of 50 right-of-way deeds have been signed. At the intersection of Jewel and Bigfoot, there is a large hole that can be addressed when they do the road. There is another piece on Fonseca that is a very low, large spot that no body can go around at this time, and he was sure that this will be something that will require permits.
Commr. Hanson stated that there were a few roads that were collector roads, and she questioned whether the County was depending on the one cent sales tax for those to be paved.
Mr. Stivender stated that staff would have to get Board direction on the use of the tax, because at one time, it was a collector road connecting Lake Mack to the Pine Lakes area, and their plan was to get all of the right-of-way, evaluate what would be done, and to get permits for a clay road, when it could be worked into the maintenance system. There was no plan to do contract work on it as a clay road, fill material and/or as a paved road. Mr. Stivender stated that staff is looking at priorities throughout the whole system.
Commr. Cadwell stated that, in those areas where the County does have right-of-way, staff needs to continue to monitor them and, if there are areas where they can do minor things, then staff needs to make sure they are doing them.
Mr. Stivender stated that they have been working on the problems, with the assistance of the Sheriff's Department, in terms of using their grader. He noted that the material is coming from Marion County.
Mr. Minkoff stated that, if there is an emergency situation, whether there is right-of-way or not, if it is the only access to a home, staff intends to take some action to make certain that people can get to their homes. He questioned whether it was the Board's direction, on unmaintained areas, for staff to do work where it is passable, and where there is an alternative route around the problem.
Commr. Cadwell stated that Board would have to look at the different situations, as they had the availability of equipment and men. He stated that staff prioritizes things every day and the Board would give them permission to do those, but they would have to be prioritized with all of the other jobs that the County is committed to doing.
Mr. Stivender stated that his department has 13 open positions, and staff will be coming back to the Board to do contract work in Astor rather than to do that work with the maintenance staff, because they are shorthanded on their existing County road system.
Mr. Minkoff stated that the County has had a difficult time with the blue collar jobs competing with the private sector. He stated that he, along with Mr. Stivender, Mr. Bill Gilley, Senior Director of Solid Waste, and Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, have been working on a strategy to try and resolve that problem.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved the appointment of George Wood to the vacant position on the Lake County Code Enforcement Board.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the appointment of Karen Adamson as the Florida Department of Transportation's alternate representative on the Transportation Disadvantaged Coordinating Board.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the appointment of Becky Longanecker as Florida Hospital Waterman's representative on the Comprehensive Health Care Committee.
REPORTS - COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
Ms. Melanie Marsh, Assistant County Attorney, was present to answer questions of the Board about the Settlement Agreement involving Lake County vs. Nesheiwat.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved the Settlement Agreement and Satisfaction of Release of Lien concerning Lake County vs. Nesheiwat, County Court Case #00-381CC.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney/Interim County Manager, explained that the Steering Committee has recommended that the Board, by ordinance, create an advisory committee to review expenditures of the revenue generated by the sales surtax, if it is extended. He noted that this is the first draft of the ordinance, and staff is requesting permission to advertise to have a public hearing on October 16, 2001, if the Board so chooses.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the request to advertise an Ordinance Creating the Lake County Sales Surtax Oversight Advisory Committee, with a public hearing being held on October 16, 2001.
Under discussion, Commr. Hanson stated that this is a great idea, and there are many other areas that have oversight committees, which is a good way to build continued support from the community.
Commr. Hanson called for a vote on the motion, as noted, which was carried unanimously by a 4-0 vote.
REPORTS - COMMISSIONER POOL - DISTRICT #2
Commr. Pool stated that he will be traveling to Tallahassee for a meeting with the Governor and the Cabinet, and a group of individuals had requested that he take a letter with him reiterating the Board's past action, to deny the Sugarloaf extension. He did not know if he needed to bring this to the Board for a vote.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that, if the Board is going to have the Chair write a letter or a resolution, it would take a Board vote to authorize such.
Commr. Pool noted that two of the Board members are new and they did not vote on the request for the Sugarloaf extension.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to place the request for a letter from the Board, as noted, on the agenda for Board action.
Commr. Pool made a motion, which was seconded by Commr. Cadwell, to approve for the Chairman to draft a letter stating the Board's opposition to the extension of Sugarloaf, which was the action taken by the Board.
Under discussion, Commr. Hill questioned whether she and Commr. Stivender should be included in the vote today, even though Commr. Stivender was not present today.
Commr. Hanson clarified that the letter would reiterate the vote of the Board before Commr. Hill and Commr. Stivender were on the Board.
Commr. Hill stated that she had no problem voting in favor of the letter.
Commr. Hanson called for a vote on the motion, which was carried unanimously by a 4-0 vote.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
Commr. Hanson noted that Commr. Stivender was not present, but she asked that the Board approve the noted requests under her business.
Commr. Hanson noted that Ms. Carla Mitchell was present in the audience and she wanted to extend her appreciation for all that Ms. Mitchell has done for 4-H and the County.
Ms. Mitchell addressed the Board and extended her thanks to the Board.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2001-188 supporting Florida 4-H week, October 7-13, 2001.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2001-189 proclaiming October 2001 as Breast Cancer Awareness Month.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for the removal of Loretta Lynn from the Lake County Library Advisory Board, with a letter of appreciation being sent.
REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2001-190 proclaiming the month of October as United Way Month.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the appointment of Commr. Hill as the Commission representative to serve on the Lake Community Action Agency Board of Directors.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the approved the appointment of Ms. Helena Osborne-Ponsi as the alternate representative to serve on the Lake Community Action Agency Board of Directors.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 2001-191 honoring the Lake Community Action Agency, Inc. on its "35th" Anniversary.
ADDENDUM NO. 1
REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
Commissioner Hanson informed the Board that she has been asked by the National Association of Counties to serve on its Environment, Energy and Land Use Steering Committee.
Commr. Pool informed the Board that he would be going to the Four Corners area tonight for a Visioning Session, and he will be reporting back to the Board
Commr. Hanson informed the Board that she will be attending the Hospice Open House this evening.
Commr. Cadwell informed the Board that he, along with Mr. Sandy Minkoff, County Attorney/Interim County Manager, and other staff, will be meeting with the Southside community today on the fire house, which is going to be reopened. It was noted that Mr. T. H. Poole was present in the audience.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:37 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK