A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 7, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, January 7, 2003, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Cadwell informed the Board that there is an Addendum No. 1.
Mr. Bill Neron, County Manager, informed the Board of County Commissioners (Board) that he would like to pull, until a later date, Tab 19, which relates to a public library grant application. Mr. Neron requested an addition to the agenda for discussion regarding a prioritized list of legislative fiscal requests, stating that he had received a request for the list from the office of State Senator Anna P. Cowin, R-Leesburg.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved placing said item on the agenda.
Commr. Hanson informed the Board that she will give a report on the Wekiva Basin Task Force under her reports.
MINUTES
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 19, 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 December 3, 2002 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 12, for the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds as follows:
New
4016-03 Dennis M. Harney d.b.a. Harney Aluminum
4612-03 Robert G. Sellers
4750-03 Paul S. King d.b.a. R.E.W. Services, Inc. (Electrical)
5087-03 Paul A. Corp d.b.a. Tender Plumbing Care, Inc.
5286-03 Burton Markert d.b.a. Comark Roofing Services
5502-04 Dan T. Bardley d.b.a. Aqua Fresh Pools & Service
5518-03 Robert Russell Rydberg d.b.a. Robert Rydberg Building Contractor (Electrical)
5825-03 Phillip Tucci (Masonry)
5839-03 Alexander Tucci (Masonry)
5855-03 Arthur Allen DiVittorio d.b.a. A & K Signs
5866-03 Kevin Johnson (Electrical)
5876-03 Danny Ferguson d.b.a. Danny Ferguson’s Repair
5920-03 James E. Jacobs d.b.a. Agape Irrigation
6007-03 Edwin Button d.b.a. Button Roofing, Inc.
6035-03 Steve Sutter d.b.a. Steve Sutter, Inc. (Excavating, Landscaping)
6036-03 Michael T. Gaw d.b.a. Gaw Irrigation, Inc.
6037-03 Gene Gibson d.b.a. The Sprinkler Man
6038-03 Joseph Del Vescio
6039-03 Bill Hatfield Enterprises, Inc. d.b.a. Bill’s Landscape
6040-03 Jimmy Lopez, Jr. d.b.a. Construction Consultants, Inc.
Reinstatement
5939-02 Robert W. Riley, Jr. (Residential Contractor)
Cancellations
1336-02 Michael Coven (General Contractor)
1675-01 T.A. Youngblood & Sons Building Movers, Inc.
4536-02 Peltz, Inc. d.b.a. Mike Peltz Professional Plumbing
5095-02 James E. Williams (Heating & A/C)
5847-02 Ray Bergeron d.b.a. Airtech Heating & Air
5904-02 Robert James Boston II d.b.a. Imperial Irrigation
5928-02 Joseph C. Urban d.b.a. Himes Electric Company, Inc.
5982-02 Danny Legg’s Landscape & Tree Trimming
5985-02 Alan Brower d.b.a. Alan Lawn Care
List of Warrants
Request to acknowledge receipt of a 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.
Ordinance - City of Leesburg, Florida
Request to acknowledge receipt of Ordinance No. 02-79, City of Leesburg, Florida, an Ordinance annexing certain property owned by Paul Buchanan, said property consisting of approximately .41 acres and being generally located north of County Road 48, south of Pelican Isle Drive, and west of U.S. Highway 27, lying in Section 14, Township 20 South, Range 24 East, Lake County, Florida, which is contiguous to the City limits of the City of Leesburg, Florida; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said City; providing that such annexed property shall be subject to all laws and ordinances of said City as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be rezoned from County R-6 (Urban Residential) and County C-1 (Community Commercial) to City C-3 (Highway Commercial); and providing for an effective date (Paul Buchanan). Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida on the 25th day of November 2002.
Corporate Merger
Request to acknowledge receipt of Order acknowledging corporate merger of Lake Groves Utilities, Inc. and Lake Utility Services, Inc., approving name change, and closing docket. By ORDER of the Florida Public Service Commission the 26th day of November 2002.
Financial Statement Audit Report
Request to acknowledge receipt of copy of Financial Statement Audit Report No. 03-066 of Lake-Sumter Community College District Board of Trustees for the Fiscal Year Ended June 30, 2002.
Ordinances - Town of Lady Lake, Florida
Request to acknowledge receipt of the following ordinances:
Ordinance No. 2002-08, contracting the boundaries of the Village Center Community Development District, by 2.33 acres, pursuant to 190.046, Florida Statutes (2001). Passed, ordained, and approved in Regular Session by the Town Commission of the Town of Lady Lake, the 4th day of September 2002.
Ordinance No. 2002-10, providing for amendments to the Land Development Code of the Town of Lady Lake, Florida; amending provisions regarding lot split compliance requirements. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 7th day of October 2002.
Ordinance No. 2002-11, providing for amendments to the Land Development Code of the Town of Lady Lake, Florida; amending provisions regarding zoning district permitted uses. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 7th day of October 2002.
Ordinance No. 2002-12, amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a small scale future land use map amendment. Passed and ordained the 4th day of November 2002.
Ordinance No. 2002-13, redesignating zoning classification for certain property, located within the Town limits of the Town of Lady Lake, Florida; rezoning subject property from Lady Lake Agriculture Residential “AG-1" to Lady Lake Planned Commercial “CP.” Passed and ordained the 4th day of November 2002.
Ordinance No. 2002-14, amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a small scale future land use map amendment. Passed and ordained the 4th day of November 2002.
Ordinance No. 2002-15, redesignating zoning classification for certain property, located within the Town limits of the Town of Lady Lake, Florida; rezoning subject property from Lady Lake Agriculture Residential “AG-1" to Lady Lake Planned Commercial “CP.” Passed and ordained the 4th day of November 2002.
Satisfaction of Judgment
Request for approval of Satisfaction of Judgment, State of Florida vs. Mark Stoffel, Case No. 2000CF1955. In consideration of the sum of $1290.00, Lake County, a political subdivision of the State of Florida fully releases and discharges the Final Judgment Assessing Charges, Costs and Fees against Mark Stoffel. This Final Judgment entered on the 14th day of March 2001, and recorded in OR Book 1929, Page 0074, of the Public Records of Lake County, Florida.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending 30 November 2002. Disbursements due to Board: $143,231.46. Same period, last year: $89,492.54.
Ordinances - City of Eustis, Florida
Request to acknowledge receipt of the following ordinances:
Ordinance No. 02-77, initiated by the property owner, to annex a 48.97 +/- acre parcel on the north side of SR 44, between Estes Road and Cattail Drive; pursuant to Florida Statute 163.3187. Passed, Ordained, and Approved in Regular Session of the City Commission of the City of Eustis, Florida, the 5th day of December 2002.
Ordinance No. 02-80, annexing approximately 3.0 +/- acres located at 605 Old Mount Dora Road pursuant to an agreement to annex dated October 17, 2002 pursuant to Florida Statute 171.062. Passed, Ordained, and Approved in Regular Session of the City Commission of the City of Eustis, Florida the 5th day of December 2002.
Annual Report to Taxpayers and Citizens
Request to acknowledge receipt of Annual Report to Taxpayers and Citizens for FY 2002-03, from the City of Eustis.
Ordinance - City of Leesburg, Florida
Request to acknowledge receipt of Ordinance No. 02-83, from the City of Leesburg, annexing certain property owned by Beryl N. Stokes, Jr., Trustee, consisting of approximately 19 acres and being generally located north of SR 44, south of Jones Drive, and west of CR 468, lying in Section 21, Township 19 South, Range 24 East, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg. Passed and adopted at a regular meeting of the City Commission of the City of Leesburg, Florida, on the 9th day of December 2002.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $64,221.90.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, as follows:
Budget and Administrative Services - Budget
Request from Budget and Administrative Services - Budget - for approval of Resolution 2003-2 to amend the Mosquito Management Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $1,759.00 deposited into Surplus Furniture/Fixtures/Equipment Sales and provide appropriations for the disbursement for Machinery & Equipment.
Request from Budget and Administrative Services - Budget - for approval of Check Request (Direct Pay) from the Clerk’s Office for payment of Criminal Court costs for November 2002. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $34,441.00.
Risk Management
Request from Budget and Administrative Services - Risk Management - for approval of the Participating Employer Group Pharmaceutical Agreement that provides additional pharmaceutical discounts for our group health plan when employees elect and use the HealthChoice network.
Community Services
Request from Community Services for approval and signature on Agreements to implement reciprocal borrowing of library materials with Marion County and Seminole County.
Request from Community Services for approval and signature on Amendments to Interlocal Agreements relating to provision of Library Services with the governing bodies of the Lake County Library System six Member Libraries for the purpose of establishing reciprocal borrowing with Marion and Seminole Counties.
Request from Community Services for approval for the Lake County Department of Community Services Public Transportation staff to apply for the Florida Department of Transportation 5310 Transit Grant Application FY 2003/2004 and Resolution 2003-3.
Request from Community Services for approval for the Lake County department of Community Services Public Transportation staff to apply for the Florida Department of Transportation 5311 Transit Grant Application FY 2003/2004 and Resolution 2003-4.
Growth Management
Request from Growth Management for approval and execution of a Partial Release of Fine for Richard Eugene Lacy in the amount of $4,557.35.
Request from Growth Management for approval and execution of a Partial Release of Fine for Kathleen H. Fuchs in the amount of $500.00.
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for the Estate of William McCloud and Luella McCloud a/k/a/ Louetta McCloud in the amount of $250.00.
Public Works
Request from Public Works for approval for waiver of Board Policy regarding roads eligible for special assessments in order to proceed with the Quiet Lane Special Assessment project.
Request from Public Works for approval to award Lake Minneola Shores & CR-466B Water Quality Improvement Project No. 2003-04, Bid No. 03-035, to Dimensional Contracting, Inc., and to encumber and expend funds in the amount of $107,000.00 from the Stormwater Management Fund. Commissioner Districts 1 & 2.
Request from Public Works for approval and authorization to execute change order #4 to the Huffstetler Drive Phase II Construction Project No. 2002-11 in the amount of $16,817.00 for the removal of unsuitable material and replacement with suitable backfill material on Huffstetler Drive and for irrigation, as-builts, and damaged asphalt repair at the Umatilla Community Centers. The items were not included when the projects were bid.
Request from Public Works for approval and authorization to accept the final plat for Roper Boulevard - Section A plat, all areas dedicated to the public as shown on the Roper Boulevard - Section A plat; a Developer’s Agreement for Construction of Improvements between Lake County and Siena Home Corporation; and a Letter of Credit for Performance in the amount of $143,428.00.
Request from Public Works for approval and signatures on Amendment 2 amending the State Funds for Arthropod Control FY 2002-2003.
EMPLOYEE AWARDS
The Chairman presented the following Employee Awards:
Award to Employees with Five Years of Service
Mr. Deryl D. Boyd, Senior Environmentalist, Solid Waste
Mr. Daniel P. Miller, Firefighter/EMT, Public Safety/Fire and Rescue
Mr. Noble Olasimbo, Engineer IV, Public Works/Engineering
Ms. Brenda C. Reynolds, Veterans Services Specialist, Community Services/
Veterans Services
Award to Employees with Ten Years of Service
Ms. Rene C. Bass, Administrative Assistant, Agricultural Education Services
Award to Employees with Fifteen Years of Service
Mr. James R. “J.B.” Blackwell, Jr., Fire Lieutenant, Public Safety/Fire and Rescue
Mr. Edward C. “Ed” Genter, III, Fire Lieutenant, Public Safety/Fire and Rescue
PRESENTATION
PRESIDENT’S STUDENT SERVICE AWARDS (PSSA)
Ms. Helena Osborne-Ponsi, Volunteer Coordinator, Lake County Volunteer Program, presented the President’s Student Service Awards (PSSA) to three Lake County Volunteer Program participants, the first in Lake County to complete the President of the United States’ certification process and achieve award status in recognition of their outstanding community service to Lake County. The PSSA is a White House initiative sponsored by the Corporation for National Service that recognizes all students from kindergarten through college for outstanding community service. Lake County Citizens Commission for Children and Lake County Volunteer Program are collaborating on the PSSA with the mutual goal to pass the tradition of volunteerism and community service onto the next generation of young Lake County residents by involving community organizations and corporations.
Each award recipient received:
• a certificate signed by the President of the United States and a lapel pin
• an appreciation letter signed by the Lake County Board of County Commissioners’ Chairman
• a gift certificate from the Lake County Volunteer Program
• an invitation from the Lake County Citizens Commission for Children to a special recognition event
The Recipients are:
• Mr. Delwyn Campo, a 12th grade student at South Lake High School. Service Classification: Literacy and Education. Performed 101.50 hours of service within twelve months to earn the gold award. Volunteer service performed in County Government, Lake County Volunteer Program, specifically Library Branch Services at Citrus Ridge Library. Future Endeavor: Pursue admission into the Air Force Academy.
• Mr. Robert Gregory Ponsi, an 11th grade student at Tavares High School. Service Classification: County Government Support. Performed 126.50 hours of service within twelve months to earn the gold award. Volunteer service performed in County Government, Lake County Volunteer Program, specifically Library Services, Personnel, Risk Management, Volunteer Program, and Facilities Management. Future Endeavor: Pursue four-year college degree in Fine Arts.
• Mr. Andrew Wilkerson, a 10th grade student at Liberty Christian. Service Classification: County Government Support. Performed 104 hours of service within twelve months to earn the gold award. Volunteer service performed in County Government, Lake County Volunteer Program, specifically Library Services, Human Resources, Public Works, Economic Development & Tourism, Volunteer Program, Geographic Information Services and Cultural Affairs. Future Endeavor: Computer engineering for the military.
PRESENTATION
RECOGNITION FOR PAST BOARD CHAIRMAN
Commr. Cadwell presented a gavel to Commr. Pool in recognition of his service as Chairman of the Lake County Board of County Commissioners for 2002.
PUBLIC HEARING
ORDINANCE RELATING TO PARKING (SECTION 3.06.00)
Mr. Sandy Minkoff, County Attorney, placed a proposed ordinance on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 3.06.00 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED REGULATIONS FOR THE PARKING, STORING, OR KEEPING OF BOATS, BUSES, TRAILERS, TRUCKS AND COMMERCIAL VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff noted that the proposed ordinance will require two readings and that an ordinance number will not be assigned today.
Mr. Tommy Leathers, Code Enforcement Director, stated that the Parking Ordinance has been rewritten at the request of the Planning and Zoning Commission (P&Z). He noted that input was received from citizens as well as from P&Z. He stated that the proposed ordinance is compatible with rural as well as urban areas, and uses the Gross Vehicle Weight Rating (GVWR) system, a more prudent method for measuring the size of vehicles. Under GVWR, the weight of the vehicle, its passengers, and the cargo capacity are included, and this method is recognized by the Florida Department of Transportation and is written into the Florida Statutes. The proposed ordinance recommends 12,000 lbs. or less GVWR in certain zoning districts.
Commr. Cadwell pointed out that the proposed ordinance clarifies, but does not dilute the restrictions in residential areas.
Mr. Leathers stated that bona fide agricultural practices are exempted.
Mr. Minkoff stated that, regarding parcels of five acres or larger, the proposed ordinance clarifies that both a tractor and trailer are allowed.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment regarding the proposed ordinance. It was noted that there was no public comment and the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the proposed ordinance relating to parking, amending Section 3.06.00 of the Lake County Code, on its first reading.
Mr. Minkoff stated that a final reading, at a public hearing to be held after 5:00 p.m., will be scheduled and advertised.
PRESENTATION
VIDEO - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Ms. Deborah Rose Shelley, Manager, Wekiva River-St. Johns River-Tomoka Marsh Aquatic Preserves, Department of Environmental Protection, presented a short video entitled “Protecting Florida’s Springs.” The video, which is to be presented to county commission board members statewide, focused awareness on Florida’s springs with the goal of protection and restoration. Ms. Shelley stated that environmental and economic conflicts exist in the local spring basins. Some springs statewide are threatened by a variety of ailments, including declines in spring flow and increased nutrients. She offered additional copies of the video and other educational materials and encouraged the Board to use the video as a tool to educate citizens and visitors, and to share it with planning and zoning representatives and departmental staffs. She informed the Board that Florida has more than 600 springs, but only 33 first magnitude springs (more than 100 cu. ft. per second, or 64 million gallons per day), and Lake County has one first magnitude spring (Alexander Spring) and 14 other springs at last count.
Ms. Shelley mentioned the Florida Springs Conference 2003 which will be held in Gainesville, Florida, on February 5-7, 2003, and encouraged the Board members to attend. She remarked that an hour-long video, “Water’s Journey,” will be presented at the Springs Conference. She mentioned a new manual, “Best Management Practices,” for springshed areas and a booklet of suggestions for homeowners who live in those areas.
Ms. Shelley noted that www.floridasprings.org is a new interactive website.
Commr. Hanson commented that “springshed protection” is a relatively new term and asked how it differs from “recharge protection.”
Ms. Shelley explained that the two terms are similar but that “springshed protection” focuses more on areas specific to springs to step up and redefine protective measures. She noted that over time as we continue to withdraw water because of new residents, the system does not recover as rapidly as it otherwise would. She stated that reuse is a critical component and low nutrient levels in the reuse water is important.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
SUBSTANCE ABUSE & MENTAL HEALTH SERVICES ADMINISTRATION
GRANT APPLICATION
Mr. Fletcher Smith, Director of Community Services, requested that the Board consider approval of submission of a grant application for the Substance Abuse & Mental Health Services Administration (SAMHSA). He explained that SAMHSA is seeking programs that are aimed at addressing the co-occurring problems of alcohol or substance abuse and mental health issues and criminal activity. He stated that the County is required to submit the grant as a unit of local government and, if approved, the County would contract with Lifestream Behavioral Center as a sub-recipient/service provider. He related that Lifestreams would develop, and have in place, a team of professionals who would work with up to forty nonviolent misdemeanor offenders and use this program as a sentencing alternative. This is potentially a three-year grant program and approximately $492,963 would be funded in the first year.
Commr. Cadwell remarked that substance abuse treatment is expensive, but not as expensive as incarceration and other costs related to the courts’ system.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved submission of the grant application of the Substance Abuse & Mental Health Services Administration’s Targeted Capacity Expansion: Assertive Community Treatment for Co-Occurring Substance Abuse and Mental Health Disorders.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Bill Deckman, a Pine Lakes resident, requested a copy of the Okahumpka incinerator contract and the cost per square foot for the new fire station in Astor. He also asked that an American flag, without frills, replace the current flag in the Board’s meeting room.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)
PRE-DESIGN SERVICES FOR LAKE COUNTY JUDICIAL CENTER
Mr. Jim Stivender, Director of Public Works, requested approval for pre-design services for the Lake County Judicial Center third floor renovation, resulting from the relocation of the Lake County Public Records Center. He stated that these pre-design services will provide a construction cost estimate for the electrical, mechanical, air conditioning and structural issues associated with renovation.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the request of Public Works for transfer of funds for pre-design services for the Lake County Judicial Center third floor renovation in the amount of $9,000.
OTHER BUSINESS
APPOINTMENT - COMPREHENSIVE HEALTH CARE COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Dr. Thomas A. Cook to the vacant position of a citizen representing the elderly consumer on the Comprehensive Health Care Committee.
APPOINTMENTS/REAPPOINTMENTS - BOARD OF ADJUSTMENTS
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed/reappointed the following individuals to the Lake County Board of Adjustments.
District 2 Mr. Sean M. Parks
District 4 Ms. Ruth R. Gray (reappointed)
At-Large Mr. Donald Schreiner (reappointed)
At-Large Ms. Jean L. Smith
APPOINTMENTS/REAPPOINTMENTS - PLANNING AND ZONING COMMISSION
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. R. Scott Blankenship and Mr. Dan Matthys to represent District 2 on the Lake County Planning and Zoning Commission.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Mr. Donald Miller and reappointed Mr. Robert H. Herndon to represent District 4 on the Lake County Planning and Zoning Commission.
Mr. Sandy Minkoff, County Attorney, mentioned a pending ordinance for an eleventh Planning and Zoning Commission member who would be a School Board member. The School Board may discuss whether this would be a voting or non-voting member at an upcoming joint meeting with the Board of County Commissioners.
REPORTS - COUNTY ATTORNEY
RELEASE OF LIEN AS TO CERTAIN PROPERTY
Mr. Sandy Minkoff, County Attorney, explained that this request involves a foreclosed property owned by Larry Don Cooper and Amy Elizabeth Cooper located at 33918 Grant Avenue, Leesburg, Florida. Wells Fargo Bank has requested a release only on this property; the code lien would remain on any other property owned by the violator.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Release of Lien (from Code Enforcement) as to Certain Property owned by Larry Don Cooper and Amy Elizabeth Cooper.
TRANSLATION OF EXTRADITION PACKAGE - CASE NO. 2000-CF-1988-B
Mr. Sandy Minkoff, County Attorney, explained a request to spend approximately $15,000 to translate, into Spanish, extradition paperwork relating to a bond forfeiture in State v. Hernandez, Circuit Court Case No. 2000-CF-1988-B. He stated that the County will not go forward with the translation unless a possible settlement is refused by the bonding insurance company. He stated that the least expensive method (5-day vs. 10-day) will be used if the translation is done.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved translation, into Spanish, of an extradition package regarding State v. Hernandez, Circuit Court Case No. 2000-CF-1988-B.
RISK MANAGEMENT CLAIMS TO RECOVER DAMAGES
Mr. Sandy Minkoff, County Attorney, explained a request to authorize the County Attorney to initiate litigation in Risk Management Claims to recover damages on behalf of the County. He stated that, from time to time, County property is damaged by others and collection action is needed. Approval of this item would authorize the County Attorney’s Office to initiate litigation to collect such damages when in the best interest of the County.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board authorized the County Attorney to initiate litigation in Risk Management Claims to recover damages on behalf of Lake County.
AGREEMENT BETWEEN LAKE COUNTY AND KIMBERLY A. SCHULTE
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved an Agreement between Lake County and Kimberly A. Schulte, Attorney at Law, for legal representation of indigents in adjudication of incompetency cases, pursuant to Section 744.331, Florida Statutes.
REPORTS - COUNTY MANAGER
PRIORITIZED LIST OF LEGISLATIVE REQUESTS
Mr. Gregg Welstead, Deputy County Manager, stated that State Senator Anna P. Cowin’s legislative aide, Alex Kelly, requested that the Board prioritize a budgetary list of legislative requests for the year. He presented the Board with a list of twelve projects and asked for prioritized preferences.
Commr. Cadwell commented that some counties are not making fiscal requests from the State this year but, should State money become available, he opined that Lake County should have requests in place, especially relating to transportation projects.
Commr. Stivender pointed out that during the recent legislative delegation she discussed Lake County’s transportation issues, as well as the Astor Wastewater Treatment Facility, which State Senator Paula Dockery, R-Lakeland, has been working on and supports.
Commr. Pool stated that he hopes the Board supports transportation as well as the south Lake County bicycle trail.
Mr. Jim Stivender, Public Works Director, suggested the following categories, in order of priority:
Inexpensive
1. Metropolitan Planning Organization Designation (MPO)($300,000)
2. Bridge over the South Lake Trail ($250,000)
3. Park and Ride Facilities ($350,000)
4. Enhancements to US Hwy 441 by mall for trail purposes*($800,000)
Expensive
1. County Road 44B ($2.035M)
2. County Road 466 ($3.125M)
3. State Road 50 (Phase I, $5.1M; Phase II, $3.2M)
4. Enhancements to US Hwy 441 by mall for trail purposes*($800,000)
*#4 is included in each category
Commr. Stivender stated that she has asked the League of Cities to provide a list of projects to present to legislators at Lake County Day in Tallahassee, and noted that the City of Leesburg considers the enhancements to US Hwy. 441 by the mall a major priority.
Commr. Pool commented that the Highway 50 corridor might generate 40,000-50,000 trips per day compared to the traffic on CR 44B.
Mr. Stivender maintained that CR 44B, a two-lane road, has 25,000 cars daily.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board agreed that the Astor Wastewater Treatment Facility environmental project would be the No. 1 priority project, at approximately $5.5 million, on a prioritized list of legislative requests, followed by the Metropolitan Planning Organization designation, followed by the two categories listed above.
MAJOR PROJECTS
Mr. Bill Neron, County Manager, informed the Board that he is working with Senior Staff to formulate a list of major projects and priorities for the remainder of this fiscal year, and he may, later on, want to request a workshop or semi-retreat with the Board.
JOINT MEETINGS
Mr. Bill Neron, County Manager, informed the Board that he is working on an agenda for a joint meeting between the Board of County Commissioners and the City of Clermont, which is scheduled for Friday, January 24, 2003, at the South Lake Campus of Lake-Sumter Community College; and that he is working on an agenda for a joint meeting between the Board of County Commissioners and the Lake County School Board, which is scheduled for Thursday, February 6, 2003, at the Magnolia Room of the Lake-Sumter Community College, Leesburg Campus.
REPORTS - COMMISSIONER HILL - DISTRICT #1
LEWIS HART - CITY OF GROVELAND COUNCILMAN
Commr. Hill expressed congratulations to Mr. Lewis Hart, former Groveland Councilman, upon his retirement after 28 years of service with the City of Groveland.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
MURAL - LAKE COUNTY PUBLIC RECORDS CENTER
Commr. Stivender announced that the meeting finalizing the selection of the mural for the outside wall of the Lake County Public Records Center, downtown Tavares, will be held this afternoon.
B.A.S.S. FISHING TOURNAMENT
Commr. Stivender reminded the Board of the B.A.S.S. 2003 Florida Citgo Bassmaster Pro Tour fishing tournament this week on the Harris Chain of Lakes, with several activities at Venetian Gardens in Leesburg. The tournament will be televised by ESPN2.
LAKE COUNTY DAY - TALLAHASSEE
Commr. Stivender reminded the Board that Lake County Day will be held February 19, 2003, in Tallahassee, and all the legislators will be there. She stated that Ms. Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office, has done a great amount of work in coordinating all the activities.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WEKIVA BASIN TASK FORCE - STATE ROAD 429 EXTENSION
Commr. Hanson stated that the two final meetings of the Wekiva Basin Task Force (Task Force) will be held Thursday, January 9, 2003, and possibly Friday, January 10, 2003, regarding the State Road 429 (toll road) Northwest Extension.
Mr. Gregg Welstead, Deputy County Manager, presented maps which included the Proposed Western Beltway Corridor into Lake County, an overlay on the Future Land Use Map, the Springshed Protection Concept for the Wekiva Springshed Protection Area, and a map of Planning Areas. He stated that, because of the development of the Vick Road corridor, an adjusted plan would be to cut off the existing toll road, SR 429, south of the U.S. Hwy. 441 interchange in Apopka, and go westward, then northward to State Road 46, with a possible eastward alignment with SR 46. He stated that the Department of Transportation (DOT) and the Orlando-Orange County Expressway Authority (Expressway Authority) requested a corridor to work with as opposed to a specific alignment. Once the toll road reaches SR 46 at Camp Challenge in Sorrento, the Task Force recommended that the road maintain the SR 46 alignment and be partially elevated. At the last meeting the Task Force voted that the Seminole County portion of the toll road from the Wekiva River to Interstate 4 should be somewhere between the corridor of the St. Johns River bridge and the State Road 417 (Central Florida GreeneWay) connector. He stated that Seminole County has requested specifically that the alignment maintain itself on SR 46.
Mr. Welstead stated that at the last Task Force meeting the environmental community suggested creation of a Wekiva Springshed Protection Area which encompasses Lake County from the southern border, east to Mount Dora at U.S. Hwy. 441, northward to Umatilla and across to the intersection of 44/44A, then back south to Orange County. He noted that the Springshed Protection Area does not cover all of the Springshed Recharge Areas, especially the areas as far south as Ocoee and Winter Garden. He explained that, regarding the Future Land Use Map, development would be frozen at the currently approved levels, maintaining rural area development at 1 to 5, and suburban areas at 3 per acre. He noted that part of these areas are within the City of Mount Dora and the City of Eustis. Mr. Welstead commented that the cities have not had representation, other than Commr. Hanson, at the Task Force meetings. He mentioned the considerable investments in infrastructure by Mount Dora and Eustis in the proposed protection area.
Commr. Hanson stated that Lake County has done a superb job of protecting the environment and the Springshed in the Wekiva Basin and Lake County is at 1 to 40 and Seminole County is at 1 to 1 on the same river. She stated that Lake County has had no land use amendments to the Wekiva Protection amendment to the Comprehensive Plan. She commented that the only non-conforming zoning that has been put in place was that of the Orlando Sentinel when they deceitfully put an industrial plant on commercial property, having led previous Commissioners to believe that it was going to be a mom-and-pop print shop. She stated the Department of Community Affairs (DCA) indicated there could be a transfer of development rights into the cities but, she added, the State owns all the development rights in the Wekiva. She posed the question “What do we mean by locking in the density as it is today?” Does that mean zoning or land use? She commented that landowners have certain rights. She stated that the Task Force has only talked about residential, not light industry. She pointed out that the east side of Hwy. 441 is the only area that Mount Dora has to grow and they have the first phase of a water treatment plant in that area. She added that Eustis has put in significant infrastructure projects and they have not been part of the decision making process.
Commr. Hill inquired if there is any eco reason, looking at the map, why the Task Force would not include the entire watershed area closer to the river which would include Seminole County, unless that area is already built out.
Commr. Hanson responded that the study might not have included Seminole County. She stated that a significant amount of the Springshed area is in the Apopka area of Orange County and they have just floated a $26 million bond for infrastructure in their area.
On a request of Commr. Stivender, Mr. Welstead presented a map that shows the Chapter 180 (Florida Statutes) Utility Districts for Eustis and Mount Dora. He stated that DCA asked how that will impact septic tanks. Every dot on the map represents a structure and the blue dots represent structures with septic tanks, roughly 4,000.
Mr. Sandy Minkoff, County Attorney, stated that the City of Eustis has approval from the County to build a wastewater plant at 437/44 where they have a spray field, and the City is planning to do utilities there and possibly serve some of the compact node.
Commr. Hanson agreed with Commr. Cadwell that it will take a legislative act to meet long range needs and for the public to feel assured that those densities will not increase, and the road will not increase the growth.
Commr. Cadwell inquired whether a legislative act, as opposed to amending the County’s Comprehensive Plan (Comp Plan), would put issues against the state as to opposed to the County.
Mr. Minkoff stated that he prefers that the legislature say exactly what could be there as opposed to them mandating that the County amend the Comprehensive Plan and zoning rules to restrict it, because the burden would then be based on DCA as opposed to Lake County.
Commr. Hanson invited Mr. Sandy Minkoff, County Attorney, to attend the Wekiva Basin Task Force meeting on Thursday, January 9.
Commr. Cadwell commented that there are portions of that road that can be built and be as environmentally friendly as a road can be, but it is expensive, and it will take a lot of local pressure to make them build it that way.
Commr. Hanson opined that eventually the County will be back to considering four laning SR 46 with limited access. There is not an opportunity for development along that road because the State owns most of the property, and with the land use limitations, it eliminates some of the need for fewer access points. She stated that there is a need for access points to keep traffic off CR 437 and CR 439 in order to eliminate some of the congestion on local roads.
Mr. Welstead stated that the environmental committee proposed an exit at the SR 46 end and at the U.S. Hwy. 441 end. The Expressway Authority expressed an interest for an exit at Ponkan Road and at the CR 435/CR 437 north and south alignment.
In conclusion, Commr. Hanson stated that she thinks the obvious intent was to establish the Springshed Protection Area, and it is important that the State issue a funded mandate, not an unfunded mandate.
MARTIN LUTHER KING, JR., PROCLAMATION
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation 2003-1 proclaiming Monday, January 20, 2003, as a day to celebrate the life and dreams of Martin Luther King, Jr.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
APPOINTMENTS
Commr. Cadwell stated that he will make appointments/reappointments of Commissioner liaisons/members for Lake County Boards and Committees at the January 14, 2003, Board meeting.
REPORTS - COMMISSIONER HILL - DISTRICT #1 (CONTINUED)
BOARD MEETING JANUARY 14, 2003
Commr. Hill informed the Board that she will be leaving town on January 11 and returning on January 18, and will not be present for the January 14, 2003, Board meeting.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:30 a.m.
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WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK