A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 14, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, January 14, 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; and Robert A. Pool. Commissioners not present: Jennifer Hill. 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 Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
It was noted that Commr. Hill was not present for the meeting.
AGENDA UPDATE
Commr. Cadwell noted that there is an addendum to today’s agenda.
Mr. Bill Neron, County Manager, stated that he had an item of discussion regarding the rescheduling of the joint meeting with the Lake County School Board.
Commr. Stivender stated that she had an item to place on the agenda concerning Old 441 designations, which would not require a vote.
Commr. Cadwell stated that, under his business, he needed to add the item regarding the donation of an ambulance to Suwannee County, which would require a vote.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved to add to the agenda the item pertaining to the donation of an ambulance to Suwannee County.
Commr. Hanson stated that she would have a brief report, under her business, on the Wekiva Task Force, and it would not require a vote.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 8, as follows:
Declare Items as Surplus - Donation to Leesburg Police Department
Request from Procurement Services for approval to declare the items on the attached lists surplus to County needs; authorize donation of the evidence drying cabinet to the Leesburg Police Department; authorize disposal of the remaining items at public auction to the high bidder; and authorize the Procurement Services Director to sign the vehicle titles.
Agreement - Lifestream Behavioral Center, Inc.
Request from Community Services for approval of amendment of Agreement between Lake County and Lifestream Behavioral Center, Inc. For the provision of Transportation for Individuals undergoing Involuntary Examinations (Baker Act Clients) in the amount of $12,875.00.
Agreement - C and C Pumping - Impact Fee Deferral
Request from Economic Development/Tourism for approval of an Agreement between Lake County and C and C Pumping, Inc. For an Impact Fee Deferral from time of building permit to time of the issuance of a Certificate of Occupancy.
Agreement - Jobs Growth Investment Trust Fund - C and C Pumping, Inc.
Request from Economic Development/Tourism for approval of a Jobs Growth Investment Trust Fund Agreement between Lake County and C and C Pumping, Inc. For the award of $60,000.00 upon the creation of 20 jobs paying at least 115% of the average annual hourly wage in Lake County ($11.62 on 12/01/01).
Satisfaction and Release of Fine - Burns
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for Carl H. Burns in the amount of $14,900.00.
Letter of Credit for Performance - Spring Valley
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $63,126.25 that was posted for Spring Valley, Phase 2 subdivision.
Resolution and Quitclaim Deed - FDOT 500/441 Widening Project
Request from Public Works for approval and execution of a Resolution 2003-7 and Quitclaim Deed from Lake County to the Florida Department of Transportation (FDOT) in conjunction with the FDOT 500/441 Widening Project from SR 44 to College Road (FM#2383151).
Purchase Agreement - Majewski - Hook Street
Request from Public Works for approval and execution of a Purchase Agreement with Victor and Eva Majewski for right of way in conjunction with the Hook Street, Phase II project in the Clermont area.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
MULTI-PARTY DEVELOPERS AGREEMENT - SOUTH CLERMONT CONNECTOR PROJECT
Mr. Fred Schneider, Engineering Director, addressed the Board to discuss the Multi-party Developers Agreement pertaining to the South Clermont Connector Project. Mr. Schneider explained that the project begins at the Lakeshore/Lake Louisa intersection on the south side of Clermont and extends east to US 27. Also as part of this agreement, they have a short extension through the Bosserman property east of US 27 to the south side, to what is known as the Lost Lake DRI. He noted that the County has a developer’s agreement that was signed about two months ago with Lost Lake (development), to take that road north, to the north side of their property. As part of the County’s continuing acquisition of right-of-way, to bring it up to SR 50, staff has a purchase agreement with Victor and Eva Majewski for the right-of-way in conjunction with the Hook Street, Phase II project in the Clermont area, and they are working with other property owners to complete it up to SR 50. Mr. Schneider stated that there are a number of property owners on this agreement, and staff is recommending approval.
Commr. Pool wanted to thank staff for all of their efforts and noted that this particular road corridor will benefit many people in South Lake County.
Commr. Stivender agreed with Commr. Pool that staff has been working really hard on this project, and Mr. Schneider has done a wonderful job with the people.
Commr. Cadwell stated that, as the duties of Mr. Jim Stivender, Director of Public Works, have changed over the last year, Mr. Schneider has really stepped up and handled issues at hand, and he has heard nothing but positive feedback on the way he has handled matters.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval and execution of a Multi-party Developers Agreement pertaining to the South Clermont Connector Project between Lake County, Highland Real Estate & Investments, Inc., Territo Corporation, Karen Jaffe McGuire, Professional Realty Advisors, Inc. and Lake Minnehaha Joint Venture and approval of Addendum to Agreement.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
ESTOPPEL CERTIFICATE - HOME DEPOT
Mr. Sandy Minkoff, County Attorney, addressed the request for approval and signature on the Estoppel Certificate regarding Home Depot property at Lake County Central Park. Mr. Minkoff explained that Home Depot is selling their property at the industrial park, but they are not changing the use of it, and they have asked the County to approve an Estoppel Certificate indicating that they do not owe the County any money.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval and signature on the Estoppel Certificate regarding Home Depot property at Lake County Central Park.
REPORTS - COUNTY MANAGER
JOINT MEETINGS
Mr. Bill Neron, County Manager, stated that he has received a request from the City of Mount Dora for a Joint Planning Session with the Board some time in the month of February. Mr. Neron stated that, as a related item, at the last meeting of the Florida City/County Managers Association (FCCMA), several of the city managers indicated that they would be at the FCCMA Winter Institute on February 6, 2003, the day the Board has scheduled a joint meeting with the Lake County School Board. They have requested of the School Board that this meeting be rescheduled to February 13, 2003 and, from an e-mail he received this morning from the School Board, they have approved changing that date to February 13, 2003, with the meeting to still be held at the Magnolia Room, Lake-Sumter Community College. He noted that this could effect the time that they schedule the joint meeting with the City of Mount Dora.
Commr. Hanson noted that the Growth Management seminar is being held in Orlando on February 13, 2003, which she had planned on attending.
Commr. Cadwell explained that the Board does not want to meet without the city managers being present.
After further discussion, it was noted that staff will talk to the School Board and set a time certain, perhaps an earlier time, for the joint meeting on February 13, 2003.
Mr. Neron reminded the Board that a joint meeting has been scheduled with the City of Clermont on January 24, 2003, Friday, at the South Lake-Sumter Campus. He noted that Mr. Gregg Welstead, Deputy County Manager/ Growth Management Director, has met with the City Manager of Clermont, and they are working on an agenda.
After some discussion, the Board tentatively scheduled a joint meeting with the City of Mount Dora on February 21, 2003, at 9 a.m., in the training room, Administration Building.
REPORTS - COMMISSIONER POOL - DISTRICT #2
UPDATE ON TRAVELS TO WASHINGTON D.C.
Commr. Pool updated the Board on his trip to Washington D.C. noting that he had the opportunity to speak with Congresswoman Ginny Brown-Waite and Congressman Ric Keller in reference to transportation issues, with his focus being the 50/27 intersection. He stated that Congresswoman Ginny Brown-Waite felt there was an opportunity to work with the Board and the State and possibly help them with funding.
REPORTS - COMMISSIONER STIVENDER - VICE CHAIRMAN - DISTRICT #3
FUTURE COMPREHENSIVE PLAN AMENDMENT - OLD HIGHWAY 441
Commr. Stivender updated the Board on the issue brought forth by Mr. John Engles who lives on Old Highway 441 pertaining to this corridor, and the Mahaney property. She explained that, during public comment, Mr. Engles had questioned why he could not get a retail license, and he also questioned the fact that this is an employment center along this corridor. She stated that, after talking with Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, he has developed some language for a Comprehensive Plan amendment, to address all of the corridor along Old Highway 441, to make it industrial zoning, and she would like staff to move forward with this issue. She explained that this will address the problem relating to him getting a license, but it will not address his problem of having a place to run his business on that site but, if he does get a designated building, he would be able to get his retail license, if the Board proceeded with this amendment. Staff felt that this would be the appropriate process, and she asked for a consensus of the Board for staff to move forward.
Commr. Cadwell sated that bringing this issue forward for Board discussion would be the right direction to take although he did not know if this would be the answer, but he had no problem with the Board bringing it forward to try and find an answer.
Mr. Sandy Minkoff, County Attorney, noted that staff will bring back a proposed plan amendment through the Planning and Zoning (P&Z) process.
BASSMASTER TOURNAMENT
Commr. Stivender updated the Board on the success of the Citgo ESPN Bassmaster Tournament, which was well attended and noted that the $50,000 (bed tax money) was well invested. She noted that all of the hotels/motels were full, as well as the campgrounds, and she felt that a closer number of revenue brought in from the event would be about $2 million . She noted that ESPN has already requested a packet to complete for next year, in January, as well as packet for the open bass tournament held in August. She stated that it was a great success.
Mr. Bill Neron, County Manager, explained that some of the benefits from the event came from the commentary of the event when “Beautiful Lake County” was mentioned, and it will be nationally televised.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WEKIVA TASK FORCE
Commr. Hanson reported that the Wekiva Task Force had its final meeting on Friday. She stated that, even though they have not seen the final draft, it will go to the Governor perhaps tomorrow and, hopefully she will see a final draft today and, as soon as she receives it, she will get a copy to all Commissioners. She noted that, if the Governor approves it, it will go to the legislature. She stated that they looked at the connection from 429, both back to I-4 to the east, and to the north and west coming into Lake County, and there is still a lot that has to be determined. They recommend a Task Force that will look at the actual route of the extension of 429 back to I-4, as it is in Orange County, and they also recommend a sector study for Orange County and Lake County in the proposed Springshed Protection Area, to determine land uses, and the possible route of the connection up to 44A from 429. If that happens, it will create some sort of a bypass to the south of Mount Plymouth and Sorrento, so the integrity of that community would remain intact. Commr. Hanson extended her thanks to Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, and Mr. Jim Stivender, Director of Public Works, and stated that she felt Mr. Sandy Minkoff, County Attorney, did an outstanding job passing on to the Task Force the concerns of this Board, when they talked about the taking issues, and the costs being borne by the State, not by the local governments. Commr. Hanson felt that “The Daily Commercial” did a very good job reporting the facts, but she had no positive comments to make about “The Orlando Sentinel” and its editorial staff, on its reporting of the issue.
REPORTS - COMMISSIONER CADWELL, CHAIRMAN - DISTRICT #5
APPOINTMENTS/REAPPOINTMENTS - COMMISSIONER LIAISONS/MEMBERS
RESOLUTIONS
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the appointments/reappointments of Commissioner liaisons/members for Lake County Boards and Committees and approval and execution of Resolutions appointing the Commissioner member to both the Affordable Housing Advisory Committee (Resolution 2003-5) and the Tourist Development Council (Resolution 2003-6), as presented.
Under discussion, Mr. Sandy Minkoff, County Attorney, clarified that the motion would include the resolutions for those that specifically require resolutions.
Commr. Cadwell called for a vote on the motion, which was carried unanimously by a 4-0 vote.
DONATION OF AMBULANCE TO SUWANNEE COUNTY
Commr. Cadwell stated that, after hearing about a situation that occurred in Suwannee County where their emergency management services lost an ambulance, he presented the information to Mr. James Judge, Executive Director, Lake-Sumter Emergency Medical Services, Inc., because he knew that Lake County had three ambulances that they were getting ready to declare as surplus. He stated that the Ambulance Board is making a recommendation today, to this Board, that they donate Unit 617, Vin # 1FDKF37F9TEA27154, 1996 Ford F350, Property #00017339, to Suwannee County for use in their emergency management.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request from James A. Judge, II, Executive Director, Lake-Sumter EMS, to approve the donation of an ambulance to Suwannee County, as recommended by the Ambulance Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:25 a.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK