A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 5, 2002
The Lake County Board of County Commissioners met in regular session on Tuesday, November 5, 2002, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Catherine C. Hanson; and Debbie Stivender. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, at which time he deleted from the Agenda Item I. B. 1., a request from Growth Management for approval and authorization for the Growth Management Director to grant administrative variances from Lake County Land Development Regulations, on a case-by-case basis, for permits issued in areas of Lake County subject to annexation by the City of Leesburg on December 31, 2002. He then pulled Tabs 8 and 44 from the regular Agenda, noting that he would be bringing Tab 8, a request from Economic Development and Tourism for approval to declare surplus, advertise, and sell to the highest and best bidder the easterly 25 feet of Lot 4, Block A, Sun Eden subdivision, in the Yalaha area (Alternate Key 1275946), back to the Board at a later date and that he would be bringing Tab 44, a request from him for approval of the scope of work and appointments to the “Blue Ribbon Committee”, to prepare a five year financial plan for the County, for consideration by the Board of County Commissioners, back to the Board at the November 12, 2002 Board Meeting.
Several Commissioners indicated that they had not completed the County Manager’s Annual Performance Evaluation; therefore, it was noted that it would be pulled from the Agenda and addressed at the Board Meeting scheduled for November 12, 2002.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda, under his Reports, an item which would require a vote, being a request from the City of Tavares for approval to enter into an agreement with the County to have a mural painted on the east side of the new Clerk’s Record Center.
Commr. Hill informed the Board that she would like to pull Tabs 13 and 20, for discussion.
MINUTES
Regarding the Minutes of September 3, 2002, Commr. Hanson requested the following change:
On Page 57, change the name Max Sonntig to Max Sonntag.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 3, 2002 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 17, 2002 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 24, 2002 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 1, 2002 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 17, 2002 (Special Meeting - State of the County), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Cancellations, Renewal, and Riders, as follows:
New
150-03 James E. Denman d/b/a Denman’s Heating and Air Conditioning
199-03 George Morrison d/b/a Morrison Electric and Air Conditioning, Inc.
390-03 T. Graham Phillips d/b/a B&C Contracting Company (Electrical)
1200-03 James D. Bass d/b/a Aquarian Plumbing, Inc.
1507-03 G. Donald Watson
1509-03 Charles J. Boutwell d/b/a Commercial Electric of Lake County, Inc.
1646-03 Donald Girard d/b/a Ace Homes by Girard
1674-03 Robert C. Kohn d/b/a Kohn Construction and Electric, Inc.
1691-03 Franklin L. Russell d/b/a Russell’s Electrical Service
1722-03 James J. McCutcheon d/b/a J-Mac Builders and Developers
3096-03 Terry Ross d/b/a Ross Plumbing
4098-03 Stanley E. Dollen d/b/a S. E. Dollen, Inc. (Electrical)
4361-03 Robert A. Hendrick
4366-03 James A. Quarles (Residential)
4535-03 John F. Kiley d/b/a Kiley and Sons, Inc.
4612-03 Robert G. Sellers (Concrete)
4702-03 David McLeod (Electrical)
4711-03 Imperial Enterprises by Gilbert, Inc. (Swimming Pool)
4718-03 Robert C. Arft d/b/a Arft’s Electric, Inc.
4804-03 James F. Chaffee d/b/a D & J Electric Company, Inc.
4849-03 Larry D. New d/b/a Economy Electric
4871-03 James A. Croson d/b/a Ampam-J.A. Croson Company (Plumbing)
4909-03 Juan Torres d/b/a Aaarons Electric, Inc.
4996-03 Joseph Lambert d/b/a Joe’s Roofing
5027-03 Kenneth Lawrence Watson (Roofing)
5041-03 Scott Maassen d/b/a Hawkeye Plumbing Company, Inc.
5121-03 Michael W. Embree d/b/a Embree Electric
5193-03 Billy Ray Hall d/b/a Bill Hall’s Plumbing
5297-03 Robert L. Mott d/b/a Mott USA, Inc. (Sign Installer)
5345-03 Jerry D. Hill d/b/a ARS Roofing
5380-03 Douglas Basham
5404-03 Tom Duncan d/b/a Duncan Company
5479-03 David Elmer Olds d/b/a D.E.O. Construction Services, Inc. (General)
5520-03 Ben Sikes d/b/a Ben Sikes Services
5527-03 Lee Woods d/b/a Woods Construction of Central Florida, Inc.
5569-03 William Greenberg d/b/a Morris Electric
5572-03 Richard W. Lohman d/b/a Southern Plumbing Company of Orlando, Inc. (Plumbing)
5595-03 Robert W. McKinney d/b/a Bob’s Kitchen and Bath
5606-03 Payne Air Conditioning and Heating, Inc.
5613-04 William B. Lilly d/b/a Cool Air Conditioning and Refrigeration
5637-03 Ronald R. Howe d/b/a R. Howe, Inc. (Electrical)
5696-03 Bun Long Ly d/b/a United World Electric, Inc.
5715-03 Robert C. Dietz d/b/a Winfield Construction
5732-03 Embiar Construction and Design, Inc. (General Carpentry)
5746-03 Dean Engler d/b/a Engler Roofing, Inc.
5748-03 Frank Oliver d/b/a Oliver Productions (General)
5788-03 John Himmelman d/b/a Key Masonry, Inc.
5844-03 Dai Tu Le (Air Conditioning - Type B)
5857-03 Danny D. Rhoda d/b/a Magic Company
5858-03 Robert J. Wilkins d/b/a Data Power Services, Inc.
5870-03 Tiernan J. Chidlow (Electrical)
5879-04 Laurence D. Grace d/b/a Municipal Services Company, Inc.
5882-03 Nathan D. Howell d/b/a Four Seasons Gas Services, Inc. (Gas Piping)
5883-03 Greg Boisvert d/b/a All in One Plumbing and Gas, Inc.
5903-04 Eden Lawn Care, Inc. (Irrigation)
5944-03 Neese Irrigation
5945-03 James Richardson d/b/a Yards, Etc. and Landscaping, Inc.
5971-03 Ronald Hagadorn d/b/a Rainbow Sprinkler and Pool Company
5985-03 Alan Brower d/b/a Alan’s Lawn Care
5998-03 Jesse McConnell, Jr. d/b/a McConnell Landscaping
6006-03 Vincent Essing d/b/a Southern Skies Prefab, Inc.
6008-03 John T. Collins
6018-03 Duane Goodwin d/b/a Goodwin Landscaping Consulting, Inc.
6019-03 Robert R. Domin (Sign Contractor)
6020-03 E. Lee Brown, Jr. d/b/a Brown Sprinkler and Irrigation Company, Inc.
6021-03 Jodi Gene Holzhauer d/b/a Clogblasters, Inc.
6022-03 Alvin Barnett d/b/a Barnett Construction, Inc.
6023-03 Violet Fay Clary d/b/a Foshee Construction, Inc.
Cancellations
1509-02 Charles J. Boutwell d/b/a Commercial Electric of Lake County, Inc.
4502-01 John W. Matthews, Jr. d/b/a A & M Electric
4996-02 Joe Lambert d/b/a Joe’s Roofing
5007-02 Donald Hanchar d/b/a Donle Enterprises, Inc.
5534-01 Stephen E. Crain, Jr. d/b/a A Cool Breeze of Central Florida, Inc.
5774-01 Elmer C. Kaylor d/b/a Pelican Construction and Design, Inc.
5829-02 Thomas A. Mills (Residential Contractor)
5841-02 Chris Brauckmuller d/b/a B & B Contractors, Inc.
5870-02 Chidlow Electric
6006-02 Vincent Essing d/b/a Southern Skies Prefabrication, Inc.
Renewal
5713-03 Gary Parkinson d/b/a Parkinson Plastering, Inc.
Riders
5540-04 Paul Getchell (Electrical Contractor)
(Change expiration date from 9/30/02 to 9/30/04)
5856-03 John Lawson
(Change John Lawson to John Lawson d/b/a Select Concrete, Inc.)
5968-03 Robert Goodridge d/b/a Bob’s Landscaping
(Change Robert Goodridge d/b/a Bob’s Landscaping to Robert Goodridge d/b/a Bob’s Landscaping and Tree Work)
5986-02 Grassmasters of Central Florida, Inc.
(Change address from P. O. Box 643, Lake Wales, FL 33859-0643 to 14820 Windy Mount Circle, Clermont, FL 34711)
List of Items to be Deleted from Fixed Assets
Request for approval of List of items to be deleted from Fixed Assets, to be declared as surplus and to be disposed of in the most efficient and effective manner for Lake County, for the month of October, 2002, in the amount of $419,689.56.
List of Warrants
Request to acknowledge receipt of 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.
Unclaimed Excess Proceeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $3,995.23.
List of Properties Not Sold at Tax Deed Sale
Request to acknowledge receipt of list of properties not sold at Tax Deed Sale, which was held on October 15, 2002. Said properties were entered on the “Lands Available for Taxes” list on said date.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending September 30, 2002, in the amount of $138,722.57. Same period last year: $302,154.38.
Southwest Florida Water Management District’s Budget in Brief - Fiscal Year 2003
Annual Service Budget
Request to acknowledge receipt of Southwest Florida Water Management District’s Budget in Brief - Fiscal Year 2003 Annual Service Budget, received pursuant to the provisions of Section 373.536(6)(a)(1), Florida Statutes, adopted by the Governing Board on September 24, 2002.
St. Johns River Water Management District’s Budget in Brief for Fiscal Year 2002/2003
Request to acknowledge receipt of St. Johns River Water Management District’s Budget in Brief for Fiscal Year 2002/2003, which was adopted by the Governing Board on September 25, 2002.
Public Official Bond for Frank T. Gaylord
Request to acknowledge receipt of the Public Official Bond for Frank T. Gaylord, who was elected to the North Lake County Hospital Board, for a term beginning November 6, 2002 and ending November 8, 2006.
Lake County Water Authority’s Final Budget for FY2002/2003
Request to acknowledge receipt of Lake County Water Authority’s Final Budget for FY 2002/2003.
Lake County Water Authority’s Quarterly Report of Meetings Schedule
Request to acknowledge receipt of Lake County Water Authority’s Quarterly Report of Meetings Schedule, as follows:
October 16, 2002 3:30 p.m.
November 20, 2002 3:30 p.m.
December 18, 2002 3:30 p.m.
Application of Sunshine Utilities of Central Florida to Amend its Water Certificate No.
363-W Amending Territory in Marion County, Florida
Request to acknowledge receipt of Legal Notice, given on October 1, 2002, pursuant to Section 367.045, Florida Statutes, of the application of Sunshine Utilities of Central Florida, Inc. to amend its Water Certificate No. 363-W, to amend territory in Marion County, Florida.
Notice Before Florida Public Service Commission Regarding Application for
Amendment of Certificate No. 106-W to Add and Delete Territory in Lake County by
Florida Water Services Corporation
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Regarding Application for Amendment of Certificate No. 106-W, to add and delete territory in Lake County by Florida Water Services Corporation, Docket No. 990054-WU, Order No. PSC-02-1427-FOF-WU, issued October 18, 2002, Order Approving Amended Application to Add and Delete Territory, signed the 18th day of October, 2002.
Ordinance No. 02-67 from the City of Leesburg
Request to acknowledge receipt of Ordinance No. 02-67, from the City of Leesburg, annexing property in the east area of Leesburg, on either side of U.S. Highway 441. The Ordinance shall become effective, and the property described shall be considered annexed into the City of Leesburg at 12:01 p.m., on December 31, 2002. Passed, ordained, and adopted at the Regular Meeting of the City Commission of the City of Leesburg, Florida, on the 23rd day of September, 2002.
Notice of Application for Extension of Water and Wastewater Service Area
Request to acknowledge receipt of Notice of Application for an Extension of Water and Wastewater Service Area from the Law Offices of Rose, Sundstrom & Bentley, LLP - Notice of Application of North Sumter Utility Company, LLC, of its intent to apply to the Florida Public Service Commission for an extension of its service area, to provide water and wastewater service to property in Sumter County, Florida, as described in Notice.
Any objections to the Application must be made in writing and filed with the Director, Division of Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 650 South North Lake Boulevard, Suite 420, Altamonte Springs, Florida 32701, within 30 days from the date of this notice. The objection must state the grounds for the objection with particularity.
Ordinance No. 02-51 from the City of Eustis
Request to acknowledge receipt of Ordinance No. 02-51, from the City of Eustis - Small Scale Comprehensive Plan Amendment - 2002CPA05, pursuant to 163.3184, Florida Statutes. Passed, ordained, and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 3rd day of October, 2002.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Commission Hearing and Prehearing Conference to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons regarding the following:
Docket No. 020001-EI - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor
Docket No. 020002-EG - Energy Conservation Cost Recovery Clause
Docket No. 020003-GU - Purchased Gas Adjustment (PGA) True-Up
Docket No. 020004-GU - Natural Gas Conservation Cost Recovery
Docket No. 020007-EI - Environmental Cost Recovery Clause
Notice is hereby given that the Florida Public Service Commission will hold a public hearing regarding the above dockets at the following times and place: 9:30 a.m. (EST), November 20, 21, and 22, 2002, Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hanson brought to the attention of the Board the fact that they had discussed the issue of trying to reduce the costs of inmate medical care at a previous Board Meeting.
Mr. Bill Neron, County Manager, stated that he and Mr. Fletcher Smith, Senior Director, Community Services, have met with representatives from the Sheriff’s Office on a number of occasions, with regard to the matter, however, noted that the request before the Board this date pertained to an inmate who had to have open heart surgery. He stated that it was something that was out of their hands.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budget and Administrative Services - Budget
Request for approval of the following:
Fiscal Year 2001/2002 - Budget transfer - General Fund, Department of Community Services, Administration, in the amount of $27,709.00. Transfer $27,709.00 from Reserve for Operations to Inmate Medical Care. Additional funds are needed in the Lake County Jail Inmate Medical Care account to cover the costs for provision of medical care for the inmates at the Lake County Jail. Funds are available in Reserve for Operations.
Fiscal Year 2002/2003 - Budget transfer - Sales Tax Capital Projects Fund, Department of Public Works, Capital Projects Division, in the amount of $850,000.00. Transfer $850,000.00 from the Special Reserve to Roads. On September 17, 2002, the Board of County Commissioners approved an additional $850,000.00 for Road Project No. 2002-15, to pave Alco and Dexter Roads. The transfer was posted to Fiscal Year 2002 after rebudgets and final budget adoption for Fiscal Year 2003. Due to this timing, it was not carried forward to Fiscal Year 2003. Per County Finance, re-approval by the Board is needed to post the transfer to Fiscal Year 2003. Funds are available in Special Reserve.
Fiscal Year 2001/2002 - Check Request (Direct Pay) from the Sheriff’s Office, for reimbursement for construction of the Sheriff’s Communications Center, in preparation for the Motorola radio system upgrade. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $26,756.00.
Fiscal Year 2001/2002 - Check Request (Direct Pay) from the Clerk’s Office, for payment of Criminal Court costs for September, 2002. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $34,173.00.
Fiscal Year 2001/2002 - Check Request (Direct Pay) from the Department of Community Services for payment to Leesburg Medical Center, for inmate medical costs. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $36,675.48.
Budget and Administrative Services - Procurement Services
Request for approval and authorization to amend the three continuing contracts, subject to County Attorney approval, for On-Call Architectural Services awarded under RFP 02-053, to reflect the changes adopted by the Florida Legislature for State Statute 287.055, known as the “Consultants’ Competitive Negotiation Act”, increasing the limits from $500,000.00 to $1 million for construction costs and from $25,000.00 to $50,000.00 for study activities.
Budget and Administrative Services - Risk Management
Request for approval to accept the Service Subscriber Agreement with Florida Hospital Healthcare System to continue “renting” access to the Florida Hospital Healthcare Systems (FHHS) network of providers for employees selecting this group for their health care; the rate continues at $1.50 per enrolled employee, per month, effective October 1, 2001.
Community Services
Request for approval that the Christian Home and Bible School be awarded $16,928.00 in Choose Life license plate revenue distributed to Lake County for Fiscal Year 2001 and 2002; and authorization of the Chairman’s signature on the funding Agreement.
Request for approval to destroy or donate lost or unclaimed property to a charitable organization, as authorized by Florida Statute 705.103.
Economic Development and Tourism
Request for approval to declare as surplus, advertise, and sell to the highest and best bidder Lot 26 in Merrell Vaughn subdivision, 38807 Merrell Avenue, Umatilla (Alternate Key 1461871).
Request for approval to declare as surplus, advertise, and sell to the highest and best bidder Lot 16 in Merrell Vaughn subdivision, 38806 Merrell Avenue, Umatilla (Alternate Key 3794855).
Request for approval of the Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc., for Fiscal Year 2002/2003, to service the Industrial Development Authority; the Master Agreement to assist Lake County with economic development initiatives for Fiscal Year 2002/2003; and to encumber and expend funds, in the amount of $220,323.00.
Growth Management
Request for approval to accept and execute a Developer’s Agreement for Marsh Hammock, Phase III, to pull six building permits prior to the acceptance of the final plat.
Request for approval and authorization to release $9,500.00 from the “Escrow Funds”, in escrow with Clayton H. Blanchard, Jr., P.A. (“Escrow Agent”), to be disbursed to Keith Hughes and Mary Abraham-Hughes; and $500.00 to be disbursed to Lake County, as per the Subordination Agreement signed April 18, 2001.
Public Safety
Request for approval to rename Cemetery Road (2-0740) to True Life Way; and approval of Resolution No. 2002-184, renaming the road.
Request for approval and authorization to advertise for bids on CR 561A and CR 466B Water Quality Improvement Project No. 2003-04, at an estimated cost of $179,000.00, from the Stormwater Management Fund. Commission Districts 1 and 2.
Public Works
Request for approval of request to award Thomas Avenue Extension (5108) Construction Project No. 2002-14, Bid No. 02-115, to Professional Dirt Service; and to encumber and expend funds, in the amount of $961,010.00, from the Impact Fee Fund. Commission District 1 - Benefit District 3.
Request for approval and authorization for Chairman to sign First Amendment to Agreement with the Town of Lady Lake for a six month extension to March 28, 2003, of the Infrastructure Sales Tax grant from Fiscal Year 2001/2002, for the installation of a restroom facility at the Rolling Acres Complex.
Request for approval and authorization for Chairman to sign First Amendment to Agreement with the Town of Lady Lake for a six month extension to March 28, 2003, of the Infrastructure Sales Tax Regional grant from Fiscal Year 2001/2002, for the construction of two soccer fields and one little league “big league” field at the Rolling Acres Complex.
Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens, as follows:
Assessment No. Name Date Pd.
654422 Anthony and Barbara Coffey 07/11/02
685061 Carl Losey, Jr. 07/29/02
689016 Pati Antalek 08/05/02
689017 Pati Antalek 09/03/02
692002 Robert and Carol Brady 09/13/02
692007 Dane and Moea Futcher 09/24/02
694103 David and Tavis King 08/27/02
694104 David and Tavis King 08/27/02
694208 Joseph Rodak/Robin Capamaggio 09/17/02
Request for approval to accept the following:
Statutory Quitclaim Deeds
Larry and Linda Kruckenberg
Fonseca Lane
John A. Pifer
Shetland Trail
John A. Pifer
Shetland Trail
Mary Ruth Costello
Shetland Trail
Linda J. Harris
North Boulevard
Grace Olson
Lakeview Boulevard and NW Avenue
John Rossie
Far West Avenue
Raymond St. Yves and Alice Weathers
North West Avenue
Beverly J. Wells
Central Boulevard
James Willis
Central Boulevard
Drainage Easement Deeds
Bryan and Juliette Anderson
Crooked Lake Drive
Silver Lake Golf & Country Club
Wedgewood Lane
Statutory Warranty Deeds
Orville and Lois Haag
Blue Sink Road
W. Shane and Cheryl Jones Files
Britt Road
Partial Release of Mortgage Deeds
Orville and Lois Haag
Blue Sink Road
Gary and Laurie Schilling
Blue Sink Road
Request for approval and authorization to release a Letter of Credit, for Performance, in the amount of $60,630.00; accept a Letter of Credit, for Maintenance, in the amount of $22,216.71; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Maronda Homes, Inc. of Florida; and to execute Resolution No. 2002-185, accepting Austin Cove Court (CR 1261B), Bay Breeze Court (CR 2161C), and Meredrew Lane (CR 1261A) into the County Road Maintenance System, all relating to the Johns Lake Estates Phase 3 subdivision. Subdivision consists of 64 lots - Commission District 2.
Request for approval and authorization to accept the final plat for Biscayne Heights, Phase 2, all areas dedicated to the public, as shown on the Biscayne Heights, Phase 2 plat; a Letter of Credit, for Maintenance, in the amount of $39,600.00; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Shamrock Homes, Inc., A Florida Corporation; and to execute Resolution No. 2002-186, accepting Biscayne Drive “Part” (CR 6546), Tropical Wind Lane “Part” (CR 6545A), Sugar Mill Court (CR 6646), and Whispering Wind Street “Part” (CR 6546B) into the County Road Maintenance System. Phase 2 consists of 56 lots - Commission District 5.
Request for approval and authorization to release a Letter of Credit, for Performance, in the amount of $5,467.00; accept a Maintenance Bond, in the amount of $50,009.97; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Global Associates International Group, Inc., A Florida Corporation, American Heritage Homes USA, Inc., DRP Company of Alabama, Inc., A Florida Corporation; and to execute Resolution No. 2002-187, accepting Blue Sky Drive “Part” (CR 0162K), Morning Star Drive “Part” (CR 0162B), Rising Star Drive “Part” (CR 0162H), Sunrise Lakes Boulevard “Part” (CR 0162G), and Sunrise Vista Drive “Part” (CR 0162J) into the County Road Maintenance System. Sunrise Lakes, Phase 1 consists of 98 lots - Commission District 2.
Request for approval and authorization to accept a Letter of Credit, for Construction of Improvements, between Lake County and Shamrock Homes, Inc. Stonegate at Silver Lake subdivision consists of 121 lots - Commission Districts 1 and 3.
Request for approval and authorization to accept the final plat for Willowood, Phase 1, and all areas dedicated to the public, as shown on the Willowood, Phase 1 plat. Phase 1 consists of 3 lots - Commission District 1.
Request for approval and authorization to accept the final plat for Yalaha Hills and all areas dedicated to the public, as shown on the Yalaha Hills plat. Subdivision consists of seven lots - Commission District 3.
Request for approval and authorization to release an escrow amount of $17,078.20 that was posted for maintenance of the Lake Montgomery Estates subdivision. Subdivision consists of 19 lots - Commission District 2.
Request for approval and authorization to release a bond, for Construction of Improvements, in the amount of $45,873.85, that was posted for Pennbrooke Fairways, Phase M.
Request for approval and authorization to release a bond, for Construction of Improvements, in the amount of $144,102.97, that was posted for Pennbrooke Fairways, Phase N.
Request for approval and authorization to execute Resolution No. 2002-188, in regard to Lake Kathryn Community Development Block Grant Phase I Project No. 2002-05, accepting Bouganvillea Avenue (CR 8993), Hisbiscus Avenue “Part” (CR 8992A), and Kinsey Drive (CR 8993A) into the County Road Maintenance System.
Request for approval of Amendment to the contract with Berryman & Henigar, Inc., an engineering design firm, under RFP No. 01-091, for construction inspection services associated with the replacement of the Tracy Canal and Green Swamp Culvert crossings.
Request for approval to award North Hancock Road (1354) Extension Phase II Project No. 2003-02, Bid No. 03-006, to Superior Asphalt of Central Florida; and to encumber and expend funds, in the amount of $2,592,729.90, from the Impact Fee Fund. Commission District 2 - Benefit District 5.
Request for approval to award Countywide Resurfacing Project No. 2003-01, Bid No. 03-005, to DAB Constructors, Inc.; and to encumber and expend funds, in the amount of $514,758.35, from the Transportation Trust Fund.
Request for approval to award Lake Dora Road Drainage Improvements Project No. 2002-17, Bid No. 03-007, to J. Malever Construction; and to encumber and expend funds, in the amount of $82,640.00, from the Stormwater Management Fund. Commission District 3.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget and Administrative Services - Budget
Request for approval of Check Request (Direct Pay) for Fiscal Year 2002/2003, for Florida Association of Counties membership dues for Lake County, for the period of 11/01/02 through 10/31/03, and Florida Association of Counties Voluntary Special Assessment - Article V Assessment. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $30,355.00.
GROWTH MANAGEMENT - WATER RESOURCE LABORATORY FEES
Commr. Hill informed the Board that she had asked that this request be pulled from the Consent Agenda, for discussion, because she wanted to find out the last time that the Water Resource Laboratory fees were increased, however, due to the fact that the Deputy County Manager/Interim Senior Director of Growth Management, Mr. Greg Welstead, did not have an answer for her at this time, it was noted that action regarding the request would be postponed until later in the meeting.
PUBLIC WORKS - RESOLUTION AUTHORIZING POSTING OF “NO PARKING
ON RIGHT OF WAY” SIGNS ON SHIRLEY SHORES ROAD AND CR 448
Commr. Hill informed the Board that she had asked that this request be pulled from the Consent Agenda, for discussion, as well, noting that she understands the citizens’ frustration with this request. She stated that, according to Chapter 15 of the Lake County Code, there is an Ordinance that addresses this problem and Chapter 316 of the Florida Statutes also addresses it. She questioned whether the County is required by the State to post the signs in question, before exercising any parking violations and penalties, or whether the County can just exercise its jurisdiction, whether it be through the Sheriff’s Office or Code Enforcement.
Mr. Jim Stivender, Jr., Senior Director, Public Works, stated that the County was asked by the Police Department and the Sheriff’s Office to post the area.
Commr. Hill stated that she does not want to see such signs popping up everywhere in the County, at which time Mr. Stivender stated that staff assesses each request, to see what level of safety it entails and whether it is necessary to make changes.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and signature on Resolution No. 2002-190, authorizing the posting of “No Parking on Right of Way” signs on Shirley Shores Road (3358) and CR 448 (3156), in the Lake Jem area, at the following locations:
West side of Shirley Shores Road (3358), for approximately 150 feet to the north of CR 448 (3156), and north side of CR 448 (3150), for approximately 150 feet to the west of Shirley Shores Road (3358)
GROWTH MANAGEMENT - WATER RESOURCE LABORATORY FEES
(CONT’D.)
Mr. Greg Welstead, Deputy County Manager/Interim Senior Director of Growth Management, informed the Board that the Water Resource Laboratory Fees were included in last year’s Fee Schedule change, but, noted that there were no changes to Water Resources last year.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, by a 3-2 vote, the Board approved a request from Growth Management for approval of the change to the Water Resource Laboratory Fees, as presented; and supporting Resolution No. 2002-189.
Commrs. Hill and Stivender voted “No”.
PRESENTATION
EMPLOYEE AWARDS
The Chairman presented Employee Awards, as follows:
Award to Employees with Five Years of Service
Mary “Kitty” Cooper, GIS Director, Budget and Administrative Services/GIS
Treeva A. Wall, Office Associate III, Public Works/Special Services/Administrative Services
Charles M. Kent, Area Maintenance Supervisor, Public Works/Road Operations/Maintenance Area I
Award to Employees with Ten Years of Service
Claudette M. Gurley, Staff Assistant, Public Works/Special Services/Administrative Services (Not Present)
Wendy R. Breeden, Library Services Director, Community Services/Library Services
Lori L. Nicholson, Capital Programs Manager, Public Works
Award to Employee with Fifteen Years of Service
Kirsten B. Mabry, Probation Officer, Community Services/Probation
Award to Employee with Twenty-Five Years of Service
Robbie A. Hollenbeck, Special Projects Coordinator, Community Services
Award for Supervisor of the Quarter - Third Quarter
Dennis L. Warren, Road Superintendent, Public Works/Road Operations
Award for Employee of the Quarter - Third Quarter
Mary L. Williams, Public Hearing Coordinator, Growth Management/Planning and Development
PUBLIC HEARING
ORDINANCE CREATING ARTICLE V, CHAPTER 14, ENTITLED DISPOSAL OF
SURPLUS REAL PROPERTY
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
ORDINANCE CREATING ARTICLE V, CHAPTER 14, LAKE COUNTY CODE, ENTITLED DISPOSITION OF SURPLUS REAL PROPERTY; CREATING SECTION 14-80, ENTITLED PURPOSE; CREATING SECTION 14-81, ENTITLED DECLARATION OF SURPLUS PROPERTY; CREATING SECTION 14-82, ENTITLED METHODS OF DISPOSAL; CREATING SECTION 14-83, ENTITLED NEGOTIATION PROCEDURES; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2002-86, creating Article V, Chapter 14, entitled Disposal of Surplus Real Property.
Commr. Cadwell suggested that the Chairman write a letter of appreciation to Representative Carey Baker, noting that this is one rule that makes local governments work a little easier.
PRESENTATION
CR44 CORRIDOR TRANSPORTATION IMPROVEMENT STUDY
Mr. Jim Stivender, Jr., Senior Director, Public Works, informed the Board that the County started the CR 44 Corridor Transportation Improvement Study in April of 2001 and is approximately 56% through the process. He stated that it should be completed by next Spring, noting that there are a couple more hearings scheduled between now and then.
Mr. Kent Black, representing Transportation Engineers and Planners Incorporated (TEI), addressed the Board stating that the project in question extends from U.S. 441 east to the CR 44B/SR 44 area, a distance of approximately 14 miles. He stated that TEI’s focus is to look at short term and long term improvements along the corridor and to improve capacity and safety along the corridor, as well. He stated that the following activities have occurred since the last workshop that was held, which he reviewed with the Board:
- Finalized Data Collection Activities
- Developed Future Travel Conditions
- Developed Detailed Short Term Improvement Concepts
- Examined Existing and Future Land Use
- Examined Opportunities for Bicycle and Pedestrian Enhancements
- Developed a Universe of Long Term Improvement Concepts
- Initiated Screening of Long Term Improvement Concepts
Mr. Black informed the Board that four public workshops were planned for this study. He stated that the first two have been completed, the third is planned for January of 2003, and the fourth is planned for mid-Spring. He stated that a public hearing will be scheduled with the Board shortly after the forth public workshop is held. He reviewed some issues that were raised at the second public workshop that was held on August 15, 2002, being: the cost of utility relocation; potential signal locations at CR 44 and Emeralda Avenue, CR 44 and Harbor Shores Road, and CR 44 and CR 44A; and additional turn lanes at Florida Food Corporation and Trout Lake Nature Center, which he noted TEI is analyzing. He stated that the last of the data collection elements that TEI is evaluating are Cultural Features (minimal impact expected), Archaeological/Historical (no impacts expected), Wetlands (low/moderate potential impacts expected), and Soil (suitable for roadway construction), to see whether there would be significant impacts to same, if they were to widen the roadway. He reviewed the traffic conditions on said roadway, noting that there are currently two intersections and one segment of the corridor that currently operate at a level of service that is greater than what their standard (Level of Service D) would be; however, he noted that, by the year 2012, they anticipate having eleven intersections and three segments of the corridor that will operate over capacity; and by the year 2022, they anticipate having seventeen intersections and five segments that will operate over capacity. He stated that, as the segments start breaking down, there will be an increase in delays and safety and crashes will go up, as the capacity is being breached. He stated that there is certainly a need for improvement along the corridor.
Mr. Black stated that some potential alternative screening criteria that is used to evaluate whether an improvement is a good one, or whether it is even justified, are as follows:
- Improves Intersection of Link LOS
- Safety
- Right of Way Impacts
- Existing Land Use
- Environmental Impacts
- Future Land Use
- Cost
- Aesthetics
- Drainage
- Bicycle/Pedestrian Accommodation
He stated that, based on this criteria, TEI has developed some short term improvements at approximately 18 intersections along the corridor, which can be accomplished within the next 10 years. He stated that said improvements are being reviewed by the County’s staff and they have received input from them and are making modifications to certain locations and are further refining the cost estimates. He stated that the goal is to get it finalized before the end of the study and get it into the hands of county staff, so that they can start programming some of the improvements. He stated that, with regard to the long term assessment, which is 2012 to 2022, they have started to prioritize the segments that really need to be addressed, in terms of widening the roadway, which he elaborated on. He stated that, because there is very limited right of way along the corridor, they are looking closely at what impacts there will be, in terms of land costs associated with doing any widening, or even with some of the short term improvements along the corridor. He stated that they are working very closely with the Bicycle/Pedestrian Advisory Committee and have developed the following strategies:
- Sidewalk Connections to Residential Neighborhoods
- Multi-Use Recreation Trail Connecting to Existing/Proposed Trails in Eustis and Leesburg
- Capitalize on Abandoned Rail Right of Way Along the North Side of the CR 44 Corridor
- Connect to Existing Bicycle and Pedestrian Facilities Through the Study Area
- Link Origins and Destinations
Mr. Black stated that their next steps will be to complete an alternative development process; screen improvement alternatives; rank and prioritize improvement alternatives; develop an implementation plan; present the results for review and comment at the third public workshop, scheduled for January of 2003; and come back to the Board with some recommendations in the Spring.
PRESENTATION
TENTATIVE FIVE-YEAR WORK PROGRAM FOR FY 2002/2004 THROUGH
2007/2008 BY THE FLORIDA DEPARTMENT OF TRANSPORTATION
Mr. David Marsh, Metropolitan Planning Organization Liaison, Florida Department of Transportation (FDOT), addressed the Board stating that there have been some dramatic reductions in revenue, as a result of the September 11, 2001 tragedy, however, noted that District 5 came out very well, relative to other districts in the State, and Lake County came out very well, compared to the other counties in District 5. He stated that the projects he would be reviewing this date with the Board have not yet been finalized, however, noted that they do not feel there will be any major adjustments and hope there will not be any minor ones. He stated that the projects will not be adopted until June of 2003, when they are approved by the Transportation Commission, the Legislature, and the Governor. He distributed a handout that was prepared by FDOT, listing the proposed projects, which he reviewed with the Board. He stated that FDOT will be funding the updated Lake County Trails Master Plan, which is proposed for FY 2006/2007, in the amount of $35,000.00, and noted that a project that is not listed in the handout, but which he has been assured will be funded is the Tav-Lee Trailhead, to be located at Wooten Park, in Tavares, in the amount of $43,000.00. He stated that there is additional funding for resurfacing, maintenance projects, and safety projects and that the projects are scheduled to be finalized within the next week.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
OTHER BUSINESS
APPOINTMENT TO IMPACT FEE EVALUATION AND REVIEW COMMITTEE
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Bill Benham to the vacant position of a Representative from the Agricultural Community on the Impact Fee Evaluation and Review Committee.
APPOINTMENT TO COUNTYWIDE SOLID WASTE STUDY COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Ronald Ney, Jr. to the vacant Citizen-at-Large position on the Countywide Solid Waste Study Committee.
APPOINTMENT TO LAKE COUNTY CODE ENFORCEMENT BOARD
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Mr. John Brandeburg to the vacant Realtor position on the Lake County Code Enforcement Board.
REPORTS - COUNTY ATTORNEY
ADVERTISING OF ORDINANCE IMPOSING ADDITIONAL $3.00 FEE FOR CIVIL
TRAFFIC PENALTY
Mr. Sandy Minkoff, County Attorney, informed the Board that the County Manager asked that he put this item back on the Agenda, for approval to advertise, noting that it was similar to an item that the Board had before them previously.
Mr. Bill Neron, County Manager, informed the Board that there were no plans from the School Board originally, however, noted that the School Board has since sent the County a letter of interest and has indicated that they will be present to present their case on how they will use the funding generated by said fees.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance Imposing an Additional $3.00 Fee for each Civil Traffic Penalty.
AGREEMENT BETWEEN LAKE COUNTY AND CITY OF TAVARES
REGARDING PAINTING OF MURAL ON CLERK’S RECORD CENTER
Mr. Sandy Minkoff, County Attorney, informed the Board that he has received a request from the Attorney for the City of Tavares regarding the City having an historical mural painted on the Clerk’s Record Center, which they would like to formalize in an agreement.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda, for discussion.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the City of Tavares to enter into an agreement with the County, authorizing the City to have an historical mural painted on the east side of the new Clerk’s Record Center, with the County preparing the wall to where it will be suitable for the mural, at a cost not to exceed $1,500.00; that the City have sole control over what will be painted on the wall; and that the mural be allowed to remain on the wall for 10 years, or the County will have to reimburse the City for the cost of the mural, which could be as much as $10,000.00.
ADDENDUM NO. 1 (CONT’D.)
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
GROWTH MANAGEMENT - INTERLOCAL AGREEMENT WITH CITY OF
ORLANDO AND ORANGE COUNTY FOR WATER CONSERV II PROJECT
Mr. Bill Neron, County Manager, informed the Board that the County will be receiving more money than anticipated, under the grant, therefore, would recommend approval of this request.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of the Interlocal Agreement with the City of Orlando and Orange County for the Water Conserv II Project.
OTHER BUSINESS
SCHEDULING OF STUDENT GOVERNMENT DAY
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request to set Student Government Day for November 26, 2002.
REPORTS - COUNTY ATTORNEY
RENEWAL OF AGREEMENT BETWEEN LAKE COUNTY AND J. J. DAHL
Mr. Sandy Minkoff, County Attorney, informed the Board that J. J. Dahl provides legal counsel to the Code Enforcement Board and the Board of Building Examiners for a nominal fee, therefore, would recommended approval of the request.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to renew an Agreement between Lake County and J. J. Dahl, relating to Outside Legal Services to the Code Enforcement Board and the Board of Building Examiners.
REPORTS - COMMISSIONER HILL - DISTRICT 1
PROCLAMATION PROCLAIMING NOVEMBER 23, 2002 AS NATIONAL
ADOPTION DAY IN LAKE COUNTY
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2002-191, proclaiming Saturday, November 23, 2002, as National Adoption Day in Lake County.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
SOLID WASTE AGREEMENTS WITH THE CITIES
Commr. Stivender questioned whether the Board should be given an update on the Solid Waste Agreements with the cities.
Mr. Bill Neron, County Manager, stated that staff has been meeting with the cities and has received some positive responses from some of the city managers. He noted that he would be sending the Commissioners a memo, updating them regarding the matter.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
COUNTY’S CHRISTMAS DINNER
Commr. Stivender questioned when the County’s Christmas Dinner is scheduled to be held and was informed that staff is working on setting a date and will be getting back with the Board at a later time.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:10 a.m.
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ROBERT A. POOL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK