A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL 1, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, April 1, 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; Mr. Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, stated that he would like to pull Tab 19, the presentation on the GSG Report of Fire Assessment Study, and postpone it until next week. He noted that there was a replacement Page 7 for Tab 16 on the Consent Agenda, which was distributed to the Board members, and there was an addendum today. Under his reports, Mr. Neron stated that they have a legislative update, which will be in two parts. A report by will be given by Ms. Sarah LaMarche, Director of Budget and Administrative Services, and Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, will be giving a more detailed report on the proposed Wekiva legislation. Mr. Neron stated that he also needed to add one other item, to discuss a notice to the cities regarding library funding under the interlocal agreements with them.
Commr. Stivender requested that Tab 24, the presentation of the Proclamation for Parents’ and Children’s Day, be moved up on the agenda, because there is a group of individuals present today who have other scheduled commitments this morning.
Commr. Hanson stated that she felt it would be appropriate to move up the other two scheduled presentations, as soon as possible, as noted on the addendum.
MINUTE APPROVAL
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 4, 2003, 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, Items 1 through 8, as follows:
Contractor Bonds
Request to approve the following Contract Bonds, as follows:
New
4466-03 Alan Jackson d.b.a. Alan Jackson Plumbing, Inc. (plumbing)
6064-03 William P. Gruber d.b.a. Earthscapes Unlimited, Inc.
(irrigation & plumbing)
6065-03 Maria J. Slaby d.b.a. Mermaid Pools of Central Florida, Inc.
(swimming pools)
6066-03 Robert Christian d.b.a. Irrigation Tech Inc.
List of Warrants
Request to acknowledge receipt - 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.
Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt - Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending February 28, 2003. Disbursement due to Board: $145,274.95. Same period last year: $184,430.42.
Country Club of Mount Dora CDD - Financial Report
Request to acknowledge receipt - Country Club of Mount Dora Community Development District’s Annual Financial Report for Fiscal Year ended September 30, 2002; and copy of Audited Financial Statements for same period.
Country Greens CDD - Meeting Minutes
Request to acknowledge receipt - Meeting minutes of the Board of Supervisors of the Country Greens Community Development District.
Notice of Application for Transfer - Pennbrooke Utilities, Inc.
Request to acknowledge receipt - Notice of Application for Transfer of Water and Wastewater Certificates - Notice is hereby given on the 7th day of March, 2003, pursuant to Section 367.071, Florida Statutes, of the application for transfer of the utility facilities of Pennbrooke Utilities, Inc., and Certificate Nos. 466-W and 400-S to Utilities, Inc. Of Pennbrooke providing water and wastewater service to described territory in Lake County, Florida
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, 600 S. North Lake Boulevard, Suite 160, Altamonte Springs, Florida 32701, within 30 days from the date of this Notice. The objection must state the grounds for the objection with particularity.
St. Johns River Water Management District - Annual Financial Report
Request to acknowledge receipt - St. Johns River Water Management District a CD copy of the Annual Financial Report for 2001-02 as prepared by the accounting firm of James Moore & Co., P.L. and accepted by the St. Johns River Water Management District Governing Board on March 11, 2003. This audit covered a 12-month period that ended September 30, 2002.
City of Fruitland Park - Ordinance
Request to acknowledge receipt - Ordinance No. 2003-001 from the City of Fruitland Park, Florida, amending the boundaries of the City of Fruitland Park, in accordance with the procedure set forth in Section 171.044, Florida Statutes, by including within the City limits approximately 65 acres of property generally located off Gray’s Airport Road, Section 34, Township 18 South, Range 24 East, Lake County, Florida; rezoning the property from County R-1 (Residential) and CUP (Conditional Use Permit) to PUD (Planned Unit Development), within the City limits of Fruitland Park; approving the Master Development Agreement for the property and requiring development in conformity with the Master Development Agreement. Passed and ordained the 13th day of March, 2003, by the City Commission of the City of Fruitland Park, Florida.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Cadwell requested that Tab 5 regarding John A. And Shannon M. Sanford be pulled and rescheduled, because they do not have all of the answers needed to address the issue.
Commr. Hanson stated that the Board needs to have a separate motion on Tab 9 regarding Eden Estates Subdivision, because she needs to recuse herself.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, pulling Tab 5 to be rescheduled, pulling Tab 9 for a separate vote, adding the amended page to Tab 16, and approving Addendum No. 1, A through C, as follows:
Budget Transfer - Resort/Development Tax Fund
Request from Budget and Administrative Services to approve a budget transfer - Resort/Development Tax Fund, Department of Economic Development & Tourism, in the amount of $10,000.00 is requested. Transfer $10,000.00 from Special Reserve to Promotional Activities. Sponsorships of community events and other community assistance relationships were not anticipated to be accomplished this quickly.
Budget Transfer - Constitutional Officers/Sheriff
Request from Budget and Administrative Services to approve a budget transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $10,000.00 is requested. Transfer $10,000.00 from Contingency - Sheriff to Corrections - Capital Outlay. The Sheriff is requesting a transfer pursuant to F.S. 30.49.
Budget Transfer - Christopher C. Ford Central Park/WQ Investments
Request from Budget and Administrative Services for a budget transfer - Christopher C. Ford Central Park Fund, Department of Economic Development & Tourism, in the amount of $140,000.00 is requested. Transfer $140,000.00 from Special Reserve to Roads. The Board approved a real estate purchase and sales agreement on January 21, 2003 whereby Lake County sold Lot 17 in the Ford Central Park to WQ Investments. As part of the agreement, the County agreed to pay WQ Investments approximately $70,000.00 to construct the access road and approximately $69,293.00 to develop the retention area. These items were not budgeted, and as such, a budget transfer of $140,000.00 is needed for the construction of the road and development of the retention area.
Resolution - Amend Landfill Enterprise Fund
Request from Budget and Administrative Services for approval of Resolution 2003-40 to amend the Landfill Enterprise Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $7,719.00 deposited into Miscellaneous Revenues and provide appropriations for the disbursement for Other Current Charges & Obligations for the purpose of a multi-media public information/marketing campaign.
Resolution - Resort/Development Tax Fund - Receive Unanticipated Revenue
Request from Budget and Administrative Services for approval of Resolution 2003-41 to amend the Resort/Development Tax Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $261,972.00 deposited into Tax Dollars and provide appropriations for the disbursement for Contractual Services, Communications, Utilities, Rentals & Leases, Printing/Binding, Promotions, Other Current Charges, Office Supplies, and Operating Supplies.
Resolution - Stormwater Management Fund/Professional Services/Drainage Inventory
Approval of Resolution 2003-42 to amend the Stormwater Management Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $50,000.00 deposited into Contributions from Other Agencies and provide appropriations for the disbursement for Professional Services to conduct a drainage inventory and characterization in the sub-basins and water sheds in Lakes Louisa, Minnehaha and Minneola.
Check Request - Payment of Criminal Court Costs
Request from Budget and Administrative Services for approval of Check Request (Direct Pay) from the Clerk’s Office for payment of Criminal Court costs for February 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $28,382.00.
Circulation and Registration Policy - Library System
Request from Community Services for approval and signature on LCC-8, Circulation and Registration Policy, revised as it relates to the Lake County Library System.
Economic Development/Tourism - Agreement/Storage Limited, Inc./Defer Impact Fees
Request for approval from Economic Development/Tourism for approval of an Agreement between Lake County and Storage Unlimited, Inc. to defer the payment of impact fees from time of permit to time of Certificate of Occupancy for a 24,000 square foot flex space building on Camp Road in Mount Dora.
Permission to Advertise - Ordinance/Code Enforcement Orders of Fine
Request from Growth Management for approval to advertise modification to Section 8-10, Lake County Code regarding Code Enforcement Orders of Fine pursuant to authority granted by Chapter 162, Florida Statutes.
Sugarloaf Meadows/Cashier’s Check/Agreement/Resolution
Request from Public Works for approval and authorization to accept the final plat for Sugarloaf Meadows; accept all areas dedicated to the public as shown on the Sugarloaf Meadows plat; accept a cashier’s check in the amount of $10,682.00 for maintenance; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Sugarloaf Meadows, Inc.; and execute a Resolution 2003-43 accepting Sweetwood Lane (County Road 2344A) into the County road maintenance system. Subdivision consists of 10 lots - Commission District 3.
Resolution - Speed Limit Signs/Bassville Park Area
Request from Public Works for approval and signature on Resolution 2003-45 authorizing the posting of speed limit signs on the following roads in the Bassville Park area:
Haines Creek Road, North (5934)
Cypress Haven Way (6035)
Silver Oak Drive (5835)
Cypress Road (5935)
Resolution - Speed Limit Signs - Deer Island Area/Grand Island Area
Request from Public Works for approval and authorization on Resolution 2003-46 authorizing the posting of speed limit signs on the following roads:
Deer Island area:
Beauclaire Drive (3463) Lois Drive (3259)
Beauclaire Court (3363) Tammi Drive (3261)
David Court (3460) Eagle Watch Drive (3260)
Grand Island area:
Fish Camp Road, South (6549)
Internal Revenue Service - Right-of-Way Dedication/Lady Lake Area
Request from Public Works for Approval and execution of an Internal Revenue Service donee acknowledgment for Right of Way dedication in the Lady Lake area.
Utility Easement/Bill of Sale/Florida Water Services Corporation
Lake County Central Park
Request from Public Works for approval and execution of a Utility Easement and a Bill of Sale to Florida Water Services Corporation for water and sewer facilities to serve Lot 2 in the Lake County Central Park, Phase I (Lake County Welcome Center).
Utility Easement/Florida Water Services Corporation/Lake County Central Park
Request from Public Works for approval and execution of a Utility Easement to Florida Water Services Corporation, for lift station, water building and utilities located on Lot 17, Lake County Central Park, Phase I.
Letter of Credit/Bonds/Agreement/Resolution
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $420,743.79; accept a maintenance bond in the amount of $30,368.60; accept a Developer’s Agreement for Maintenance of Improvements between Lake County and The Siena Home Corporation; and execute Resolution 2003-47 accepting Foxglove Drive (County Road 1048A), Pinyon Drive (Part) (County Road 1046), Roper Boulevard (Part) (County Road 1046A) into the County road maintenance system all relating to the Spring Valley Phase IV. Subdivision consists of 74 lots - Commission District 2.
Agreement/K&B Associates X/Groveland
Request from Public Works for approval and execution of the Agreement between Lake County Board of County Commissioners and K&B Associates X regarding Intersection Improvements and a Traffic Signal for the SR 50 and CR 565A Intersection in Groveland.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA
Alternative Transportation Operator Agreement/Home Bound Helpers
Request from Community Services for approval of the Alternative Transportation Operator Agreement between the Lake County Board of County Commissioners and Home Bound Helpers.
Wekiva River System Advisory Management Committee
Request from Growth Management for approval of representatives to the Wekiva River System Advisory Management Committee.
Countywide Resurfacing Project
Request from Public Works for approval and authorization to execute change order #2 to the Countywide Resurfacing Project No. 2003-01 in the amount of $112,049.00 for partial resurfacing of CR-561 and approval of the budget transfer of $112,049.00 from Transportation Trust Fund - Reserve for Operations to Transportation Trust Fund - Road Repair & Maintenance.
Bridges Glen Subdivision/Letter of Credit/Agreement/Resolution
Request from Public Works for approval and authorization to accept the final plat for Bridges Glen Subdivision; accept a Letter of Credit for Maintenance in the amount of $13,200.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and R.K.H. Trust; and execute Resolution 2003-48 accepting Bridges Glen Lane (County Road Number 2254A), Bridgesdale Court (County Road Number 2254B) into the County Road maintenance system all relating to the Bridges Glen subdivision. Subdivision consists of 15 lots - Commission District 3.
EDEN ESTATES SUBDIVISION/BOND/AGREEMENT/RESOLUTION
Commr. Hanson declared a conflict of interest on this request because her real estate office has listed these lots.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval and authorization to accept the final plat for Eden Estates Subdivision; accept a Bond for maintenance in the amount of $8,417.74; accept a Developer’s Agreement for Maintenance of Improvements between Lake County and Roe Properties, Inc.; and execute a Resolution 2003-44 accepting Jubilee Way (County Road Number 3987C) and Kingdom Court (County Road Number 3987D) into the County Road maintenance system all relating to the Eden Estates subdivision. Subdivision consists of 17 lots - Commission District 4.
Commr. Hanson declared a conflict and abstained from voting on the issue.
PERSONAL APPEARANCES/PRESENTATIONS
EMPLOYEE AWARDS
Mr. Michael Milanowski, Director of Human Resources, presented information on the following employees, as Commr. Cadwell presented the awards:
Presentation of Award to Employees with Five Years of Service
Brenda L. Likely, Accounting Specialist, Solid Waste/Fiscal Support Services/Accounting
Debra L. Padgett, Permitting Specialist, Growth Management/Building Services/South Lake Annex
Katherine M. Reardon, Animal Euthanasia Technician, Public Safety/Animal Control (not present)
Harrison I. Roberts, Welcome Center Worker, Economic Development & Tourism (not present)
Presentation of Award to Employees with Ten Years of Service
John W. Heffler, Senior Maintenance Worker, Community Services/Agricultural Education Services/Cooperative Extension Services
Melinda H. Souers, Adjunct Extension Agent IIB - 4-H/Youth, Community Services/Agricultural Education Services/Cooperative Extension Services
Gerald A. Langsdorf, Traffic Data Technician, Public Works/Engineering
Susan J. Michaelsen, Executive Associate, BCC Administrative Support
PRESENTATION OF CERTIFICATES
Presentation of Certificates to Individuals for their Participation in Lake County Day
Commr. Stivender stated that she wanted to thank Mr. Jacob Ogles, staff writer with “The Daily Commercial” who did an excellent job covering Lake County Day in Tallahassee and for writing a very positive article about it. She also wanted to extend her appreciation to Ms. Gail Bass who is with Representative Carey Baker’s Office, because she only had positive feedback about the representation made in behalf of Lake County.
Commr. Stivender stated that Sheriff George E. Knupp was gracious enough to take his entire crew to Tallahassee to prepare the lunch, which was very well received by those in attendance. At this time, she presented the following with Certificates of Appreciation: Sheriff George E. Knupp, Jr.; Major Gary Borders; Ms. Baby Ann Irvin; Judge Lawrence Semento; Ms. Sharon Semento; Major Claude Gnann; Major Chris Daniels; Major Jimmy Horner; Deputy Kevin Lucas; Sergeant Mike Ross; Deputy Glen Waterman; Deputy Bob Tracy; Ms. Linda McFadden; Corrections Officer Craig Galladay; Mr. Jason Matthews; Lieutenant Robert Tretter; Corrections Officer Chris Berry; Corrections Officer Mike Carlton.
Commr. Stivender stated that the following City representatives also helped with the event: Ms. Dottie Keedy, City Administrator, City of Tavares, who represented the cities this year; Ms. Jackie Droz, Public Works; Mr. Bruce Duncan; Mr. Bill Deese; Ms. Renee Furnas; Ms. Marilyn Davenport; Mr. Steve Richey; Oak Park Middle School Jazz Band; Ms. Margo Odom; and Ms. Wendy Taylor.
Commr. Stivender stated that she has been honored by the Chairman to serve on the Childrens’ Commission and School Readiness as the liaison and, at this time, she read into the record Proclamation 2003-29 designating April 6, 2003 as Lake County Parents’ and Children’s Day. She asked that they give Ms. Kim Webb, Director of this organization, a round of applause.
Ms. Beth Reese, Teacher at Our House Child Development Center, Clermont, introduced the Owner and Executive Director, Ms. Cindy Winkle; Music Therapist, Ms. Colleen Cox; and noted that there were 14 preschoolers present today. Ms. Reese wanted to thank the Board for their continuing commitment to the children and their families and, at this time, the children sang “Little Wheels Are Turning in My Heart”.
ADDENDUM NO. 1
PRESENTATION: Proclamation for Sexual Assault Awareness Month
After reading a Proclamation for Sexual Assault Awareness Month into the record, Commr. Hanson presented it to Ms. Ruth Gilligan, Executive Director, The Haven of Lake & Sumter Counties.
Ms. Gilligan stated that she would like to accept the Proclamation on behalf of the Sexual Assault Division of Lake & Sumter Counties, Inc. She stated that they have served over 350 unduplicated victims of rape and sexual assault in Lake County in the last year. These accomplishments would not be possible without the support of the community, and she appreciates the Board recognizing the magnitude and severity of this problem in Lake County.
PRESENTATION: Proclamation for Equal Pay Day
After reading a Proclamation for Equal Pay Day into the record, Commr. Hanson presented it to Ms. Carolyn Richardson, Eustis Business and Professional Women, Ms. Shirley Grantham, Mount Dora Business and Professional Women, and Ms. Laurie Benoit, South Lake Business and Professional Women.
Ms. Richardson stated that she appreciates the opportunity to make them aware of where women are today. She stated that they not only want to educate people, but they want to continue to conduct themselves in a business and professional manner, so that they can be looked upon as deserving of the salary they earn.
Commr. Hanson stated that she would like to also recognize Ms. Richardson as a Community Service recipient winner from last week.
CITIZEN QUESTION AND COMMENT PERIOD
Veterans Administration/Florida Elks Childrens Hospital
Commr. Cadwell stated that the Board was invited to attend a meeting in Umatilla, at the Florida Elks Childrens Hospital, and he attended the first part of the meeting, and Commr. Hanson attended the second half of the meeting. He stated that, while the news was not that promising from the Veterans Administration (VA), Mr. Roy Hunter still wanted to make everyone aware of their efforts.
Mr. Roy Hunter stated that he was here today representing American Legion Post 21, and the veterans, and Ms. Glenna Osborne was also here to speak on the issue. At this time, Mr. Hunter asked that all of the veterans in attendance stand and be recognized. Mr. Hunter stated that it is not easy for the veterans to come this far, and it is even further for them to go to the VA clinic in Leesburg, in addition to the expenses they incur when traveling to the clinic. He stated that needed to correct some misinformation in “The Lake Sentinel” article, which stated that they were after the VA to put a hospital in Umatilla, but they are not after a hospital; they want a full service clinic, or perhaps a nursing home, but not a hospital. He stated that they want the VA to buy the Elks Hospital in Umatilla for a veterans clinic, and a nursing home, and he understands that right now the asking price is $3 million. Mr. Hunter stated that it is not going to cost them anything, but it will affect a lot of people, and the City of Umatilla, and it will relieve the patient load on the Leesburg, Daytona, Sanford, and Orlando clinics. He stated that it will be a centralized location, and everyone will travel approximately 35 miles. Mr. Hunter stated that a retraction in the paper would be appropriate and equal content, so that the mission is clear. He stated that there are approximately 27,000 veterans in Lake County; 7,000 in Sumter County; 90,000 in Orange County. He explained the long waiting lists for veterans noting that the Leesburg Clinic is set up to receive 1,500 veterans, but it has over 6,000 veterans to care for in this region and, even though the clinic has two buildings, and third building would only handle an additional 750 veterans. Mr. Hunter stated that this presentation has several purposes. They intend to send copies of these proceedings to President George Bush, Governor Jeb Bush, to both the State Veterans Administration and the Federal Veterans Administration, to Congress and Senate, and to as many state representatives as they can in the State of Florida, and they will start today by asking for help from the Board. At this time, Mr. Hunter introduced Ms. Osborne who initiated the project being presented to the Board.
Ms. Osborne addressed the Board and stated that the Childrens Home Society has given her permission, during the past year, to pursue this issue, when she became very much involved and aware of the difficulties that are happening with the elder population, and the veterans population. She stated that there are 1,800 grandparents raising grandchildren in Lake County, and their programs get involve with some of those parents and grandparents. Ms. Osborne stated that she is the proud daughter of a World War II veteran, and a proud mother of a veteran who saw action in many diverse places, and she is here on behalf of the veterans, because she started something over a year ago, and she has not had much progress with it, and she needs their help.
Ms. Osborne stated that one in five veterans across the United States live in Florida, which is 20% of all of veterans in the United States, yet they are not getting their fair share of the allocation from the federal government to take care of them, and those numbers do not include the winter citizens that come to Florida who also try to access those veteran services. She stated that they need them to help advocate for their fair share of the allocation from the government for the Central Florida area. Ms. Osborne described the existing construction problems for those who travel to the clinic in Leesburg and stated that there are 23 people on a waiting list right now at this clinic. She further stated that a lot of patients get confirmation appointments, for several months later, and they are not even placed on the waiting list, and then they are scheduled for a medical examination six to nine months from that time and, if they need special services, they are talking about one year to 18 months, and then they will have to go to Gainesville, Daytona, Tampa, or Lake City to get this help. There are also no prescription services at the clinic in Leesburg and, if someone needs a nursing home, he has to go to Daytona, which makes it difficult for the family who may be unable to travel to visit. Ms. Osborne stated that she is asking the Board to work particularly with the offices of US Representatives Ric Keller, Cliff Stearn, and Ginny Brown-Waite. She was asking them to help the VA recognize and act upon the opportunity of utilizing the Childrens Hospital in Umatilla for a multi-service VA facility, not a sub-contracted facility, but a multi-service VA facility with an expanded clinic, in-patient and out-patient rehabilitation, the services of glasses, hearing aids, dental, possibly a nursing home, and scheduled specialty doctors, as well as prescriptions. She asked the Board to set up a committee of veterans who will help them with this process, so that they can help the existing facility.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place on the agenda a letter of support relating to the presentation on VA services.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved for the Chairman to write a letter of support to their congressional delegation, on behalf of the entire Board, along with a letter for Mr. Roy Hunter to place in his packet of information that he will be submitting.
RECESS & REASSEMBLY
At 9:50 a.m., the Chairman announced that the Board would recess for ten minutes.
PRESENTATION: County Road 44 Corridor Transportation Study by Transportation
Engineers and Planners Incorporated (TEI)
Mr. Jim Stivender, Director of Public Works, addressed the Board and stated that Mr. Kent Black, Transportation Engineers and Planners Incorporated (TEI) is here today to discuss the CR 44 Corridor Improvement Study. Mr. Stivender noted that some of these preliminary projects have been put on the impact fee project list.
Mr. Ken Black, TEI, addressed the Board and stated that he has been the Project Manager for the CR 44 Corridor Study. Mr. Black explained that the project extends from US 441 in the west and terminates at the SR 44/CR 44B intersection area, and it is about a 14 or 15 mile study. In doing their traffic analysis of the corridor, for the year 2012, there are about 11 of the intersections in several segments of the roadway that will be over capacity and will not provide safe travel along the corridor for the residents and businesses along that corridor. If you look out further into the future, about 2022, about 17 of the intersections along the corridor in five sections of the corridor would also fail to provide adequate operational and safety provision for travelers along the corridor. Mr. Black stated that this solidified mid-term and long-term that it is necessary to develop some improvement concepts to the corridor.
Mr. Black stated that, in other briefings, and in the public workshops, they provided a series of 20 to 25 short term improvements, which he would not be reviewing here again today, but they would be concentrating on the long term improvements and what they found from their traffic analysis and evaluation of the corridor. Mr. Black presented an overview of the public workshops noting that the fourth public workshop is scheduled for April 24, 2003, and he explained that they tested seven alternatives, and the preferred alternative coming from the analysis and public input is to widen CR 44 along a partial new and partial existing alignment. The factors affecting the alignment/screening criteria include the following: ROW impacts; environmental impacts; traffic volumes; safety/crash history; drainage; LOS; cost; bicycle/pedestrian; land use; and aesthetics. He stated that this information was used to determine left-center-right widening and typical sections. He directed the Board’s attention to the General Widening Impacts, as shown on the screen (power point presented to the Board), which showed possible impacts to residential, agriculture, business, as well as utilities, wetlands, and recreation/parks. Mr. Black discussed the refined impact analysis screening for the preferred alternative, and the proposed typical section. He also reviewed the preferred widening alignment and some of the minor widening areas and discussed the following bicycle/pedestrian 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 they are doing all of the bicycle/pedestrian strategies in conjunction with the initiatives that are occurring in Leesburg and Eustis, as well as other things that are happening around them. He stated that the map depicting the potential pedestrian/bike facilities shows that there are a lot of other things going on in Mount Dora, Eustis, and Leesburg, and they are trying to marry their project into those initiatives.
Mr. Black stated that the next public workshop is April 24, 2003, and they will most likely be scheduling a public hearing in May before this body and the public will be able to provide comment at that time. The next step will be to develop the implementation plan for the preferred roadway alignment and cross-section. They are also developing their pond locations to be able to handle future drainage concerns.
Mr. Neron wanted to know what actions were proposed in the study to preserve right-of-way that is going to be needed into the future, to make sure that right-of-way does not get developed and the County has to go back and buy it.
Mr. Black stated that they are developing this study and an implementation plan, to identify those critical areas where they might want to do something very soon, and then they are going to look at the 20 year plan, and the right-of-way requirements and get some dialogue, in terms of making some reservation, which will be the next step beyond this study.
In regards to the possible regional side of this study, Mr. Black stated that they will be working with County staff to share the comments received from the public. He wanted to clarify that they were not necessarily thinking in terms of Central Florida as being regionally significant but rather the area of CR 44 and looking at enhancing other cross roadways, whether it be Radio Road, or CR 452.
Mr. Stivender stated that it would be sometime in September, or October, when the Board will have a larger workshop on the County as a whole and it would include regional. He stated that, on the sub-regional issues, every map shows US 441 east and west across the County, and staff has been working with the State to try and get CR 44B up to CR 44 as part of State plan, and that is why this study stops where it does. He stated that this is an east-west alternative to that same east-west route along the north side of Eustis rather than the south side. He stated that they are trying to give the traveling public an alternative, and they need to start enhancing that alternative.
PRESENTATION: County Road 470 Transportation Study by Bowyer-Singleton
and Associates, Incorporated
Mr. Jim Stivender, Director of Public Works, stated that Mr. Kevin Knutsen, Bowyer-Singleton & Associates, Incorporated, is here today to give a presentation on County Road (CR) 470. Mr. Stivender stated that they have a critical need in this area, because very soon the turnpike access will be ready, and there will be a new exchange where the traffic on CR 470 will be directed for that location.
Mr. Kevin Knutsen, Project Manager for the CR 470 transportation study, addressed the Board and stated that they have been working on this project for approximately a year, and they are here to update the Board on where they are today. Mr. Knutsen stated that this project runs from the Sumter/Lake County line eastward to just past US 27. The existing corridor is a two lane rural section, which is heavily traveled and that traffic is expected to increase, once the turnpike constructs the interchange access. He stated that the study process included data collection, preliminary engineering, public involvement, conceptual design, environmental analysis, alternative analysis, and they are heading toward getting approval from the Federal Highway Administration, as this project does have some federal funds associated with it.
Mr. Knutsen stated that they collected a lot of data for the project, as shown in the power point packet, and there are approximately 7,500 cars today utilizing the corridor on an average date. That is expected to increase in 2025 to approximately 25,000, which justifies improving the roadway to a four lane facility. Mr. Knutsen stated that the key study issues included a corridor analysis, traffic analysis, environmental issues, and drainage. He reviewed the typical sections, as shown in the packet of information, which included right-of-way for the following: existing 2-lane rural; proposed 4-lane rural; proposed 4-lane suburban; and proposed 4-lane urban. He also reviewed the following:
Alternative Alignment Analysis
• Utilize Existing Corridor/Realign Curve
• Left, Right, and Centered Alignments
• Composite Alignment
• Right-of-way Impacts
• Development Issues
• Matrix Analysis
• Engineering Reports
Mr. Knudsen stated that they looked at three alternatives to straighten out the curves to make them meet criteria. He reviewed the drawing in the packet of information and described those alternatives and stated that, based on the results of their study, curves one and three have some issues with more wetland impacts, and Alternative 2 is the recommended alternative for the realignment of the curves. He explained that the very west end of the project includes the area that the turnpike is doing for the interstate, and it also includes a very large area that the City of Leesburg is using for their reclamation facility. In looking at that section of the roadway, and the future land uses in this area and, in coordination with the City of Leesburg and their plans for an industrial park in that area, they have recommended that the rural section be constructed from the County line over to where you start getting into the developed area of Okahumpka and, from that point over, they are recommending an urban section. Some of the impacts, as shown on the Matrix, may be reduced based on any coordination efforts that they can do with the City of Leesburg. He further noted that the Composite Alignment 2, which is the recommended alternative, fits the land use along the corridor; it matches the interchange typical section that the turnpike is providing; it maintains the speed limits; it provides the minimal impacts; and it is a reasonable cost. Mr. Knudsen noted that maps were provided in the handout material, for review.
Mr. Knudsen stated that there has been extensive public involvement on this project with neighborhood groups, public agencies, citizens groups, Lake County Advisory Groups; and the City of Leesburg, and there have been meeting announcements. They had their kickoff meeting with the Board last March, 2002; they had their first workshop in May, 2002; they had a workshop in October, 2002; they made a presentation to the City Commission, City of Leesburg in November, 2002; and they are looking at having their public hearing in mid-May with the public, and they will meet with the Board toward the end of May, or the first of June. At this time, he reviewed areas of concern that were addressed at the first and second public hearings, and the project schedule, as shown in the backup. They hope to have a final report and recommendations by June. Mr. Knudsen stated that the turnpike has awarded the construction contract for the interchange, and the construction will begin in about three months. He believes they are on a two year schedule for that construction.
In response to questions from Commr. Stivender, Mr. Stivender explained that they phased the project, because about 30 feet was approved five years ago for CR 470, as it exists west of Okahumpka. About ten years ago and north of the intersection, they widened CR 33 south, so those are relatively young asphalt roads in their life expectancy. He explained that CR 48 going east toward Howey is actually the oldest section of roadway, so that is the one they want to improve first and, as they phase this portion of roadway, they will be looking at the age of the existing facilities and watching their deterioration and, if they need to make changes and alterations, they will do that accordingly.
Mr. Knudsen stated that they have been coordinating this project with Sumter County. They do not have any plans right now to do anything, but they are showing the four-lanes going to the County line, which will probably be a transition from the four-lane section at the interchange back to a two-lane road initially with some future improvements by Sumter County.
Mr. Stivender stated that it is relatively a short distance, and the original proposal for the build out of the life expectancy of the interchange is going to be completed in a couple of years, but the proposal did not show the kind of traffic numbers that the County is showing. As soon as the report is adopted, they are going to turn it over to the turnpike, because there is only a single bridge going over the turnpike as part of their project, and they want to incorporate this information into a future plan, so the additional enhancements can be done at that location.
Mr. Stivender stated that, in closing, he wanted to thank Mr. Fred Schneider, Director or Engineering. and Mr. Noble Olasimbo, Engineer, for doing an excellent job on these projects.
CITIZEN QUESTION AND COMMENT PERIOD
City of Eustis - Wekiva River Springs Protection Act
Ms. Gwen Manning, Mayor, City of Eustis, addressed the Board and stated that the City of Eustis (City) is very concerned about House Bill 1333 and Senate Bill 1956 concerning the establishment of the Wekiva River Springs Protection Act. The City is very supportive of protecting the environment and the springs and of maintaining the maximum recharge possible for the groundwater and aquifer. The City, as all local governments, has developed and adopted a growth management plan and local development regulations in accordance with State law. The City has also developed and adopted a 20 year water, sewer, and stormwater utility plan, based upon their growth management plan, as well as Lake County’s plan. They have made considerable investments in infrastructure to meet the requirements of both the City’s and the County’s Future Land Use Plans ($16 million plus). The City is not in favor of the proposed Wekiva River Springs Protection Act, as it is now in draft, and they are opposed to it for four important reasons, as follows: 1) Lake County, the City of Eustis, and the cities of Mount Dora and Umatilla are being disproportionately affected. The diminishment of groundwater recharge, and the increase of potable water withdrawals from the aquifer are mainly due to the intense development in Orange County and Seminole County, yet the Act would severely restrict east Lake County and the cities of Eustis, Mount Dora, and Umatilla in their growth and development imperil in bond issues and financing already placed for infrastructure that has been constructed based upon the existing adopted growth management plans. She stated that no where in this Act does it provide for transfer payments from Orange and Seminole Counties to Lake County and its affected cities for their lost opportunities, however, Orange and Seminole Counties are allowed to continue to develop their urban densities and continue sucking from the water straw depleting the aquifer resources of Lake County.
RECESS & REASSEMBLY
At 10:45 a.m., it was noted that there had been a power failure, due to uncontrolled circumstances, and the meeting was recessed at this time. The meeting reconvened at 11 a.m.
PRESENTATIONS
Mr. Tom Osebold, Veterans Services Director, addressed the Board and stated that he has with him today Mr. Bill Dawson, representing Veterans of Foreign Wars Post 8087 in Eustis, who would like to make a short presentation at this time.
Mr. Dawson stated that it was brought to his attention that the County needed new flags and, from the VFW 8087 in Eustis, he wanted to present to the Board a brand new U. S. Flag, and a new MIA/POW Flag.
Commr. Cadwell noted that Mr. Dawson’s group volunteers at 99% of the funerals as the Honor Guard for Veterans, and he wanted to extend his appreciation to them for taking their personal time to be there.
CITIZEN QUESTION AND COMMENT PERIOD
City of Eustis - Wekiva River Springs Protection Act (Continued)
Mayor Manning stated that she would continue with the second of four reasons why the City of Eustis (City) is opposed to the Wekiva River Springs Protection Act as it is now drafted, as follows: 2) it brings into the City approximately 2.5 miles into the easterly boundary that was the State Statute 180 Utility Service Area, as well as adopted 1988 joint planning area with Lake County. She stated that this area is being serviced predominantly by their utility system, and it is developed, or developing, in accordance with the joint plan of Eustis and Lake County. She stated that 3) they are opposed to the Act because it provides no funding for Eustis or Lake County to undertake the expense of planning and studies necessary for developing revisions to their respective growth management plans and land development regulations. By directing the City and the County to amend their growth management and land development regulations, the Act puts the City and the County in the direct path of Bert J. Harris (Private Property Rights Protection Act) liability, yet there is no proposed funding to the City or the County in the Act to cover this mandated liability. She further stated that 4) their State Representative Carey Baker is off fighting for their freedom (Operation Iraqi Freedom), while the big urban areas of Orange and Seminole Counties are taking advantage of his absence to kill their right to development in accordance with their locally adopted plans. She stated that the right thing for the legislature to do is to table this act until Representative Baker returns to address his constituents’ interest. Mayor Manning stated that this Act is detrimental to the economic and social development interests of Eustis. She stated that Eustis respectfully requests that the County becomes a strong voice and leaves no stone unturned in representing Eustis, Mount Dora, Umatilla, and east Lake County through the direct contact of the Lake County Commission members, and its lobbyists with the House and the Senate members, in coordination with the efforts of the cities and their lobbyists. She stated that they are having a difficult time raising the funds to have this lobbyist. They need $50,000 and, at present, they have $40,000. She is asking the Board to help them by financing $10,000 of the cost. They need to make Lake County’s voice be heard and stop this legislation, or at least make it less damaging to east Lake County and their affected cities.
Commr. Cadwell noted that the Board was going to have a report on the legislation, as brought forth by Mayor Manning, later in the day.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
RFP - CORRECTIVE ACTIONS & UPGRADES - JUDICIAL CENTER
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss consultant services for the Judicial Center. He explained that, over time, there has been water intrusion in that building and damage to the air conditioner system and air quality, due to that intrusion. In order to address consulting and contracting issues, staff is requesting an RFP for each type of service, with appropriate reports and presentations being made to this body and others. He explained that it has been brought to their attention that, with changes that have occurred on the third floor, with the Public Records Center being moved, there needs to be enhancements to the original air conditioning system, so this will be incorporated into this request.
Commr. Cadwell explained that this will not only fix a current problem, it will also be pro-active in making sure that they do not go through this again, and the air quality in workplace is certainly a health issue, and an important issue to employees.
Commr. Hill stated that all types of mold testing will be included in this air quality testing.
Mr. Sandy Minkoff, County Attorney, pointed out that the County has never used the at risk construction manager. It is a method that Procurement Services and his office has discussed and are in favor of. At the end of the design phase, they will have a bid from the construction manager, which they can either accept or reject and, if they reject it, they can use the normal bid process, but the real advantage is the value of engineering that comes from his or her participation with the architect through the review process.
Commr. Hill stated that she has met with Mr. James C. Watkins, Clerk of the Circuit Court, and Chief Judge Don Briggs and discussed this issue, and they wanted to make sure that they had the mold testing and the air quality testing for all types of mold, so this has been identified and included in the request.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to advertise for joint services, one RFP for consultant services for heat, ventilation, air conditioning system, water intrusion, indoor air quality testing with corrective action for all. Plus one RFP for contractor services (CM at Risk) to jointly develop a fixed cost for repairs, corrective actions and upgrades (guaranteed maximum price) for rainwater intrusion at the Lake County Judicial Center.
Mr. Stivender noted that staff has been working with the security issues associated with the building exterior, and they have a 99.9% complete set of plans, which he will be reviewing with the security people in that building (Judicial Center), Chief Bailiff Steve Corbett, Chief Judge Briggs, and Mr. Watkins, and he will be bringing that back for the Board for approval to advertise in the near future.
REPORTS - COUNTY ATTORNEY
CODE ENFORCEMENT LIEN - DECKER
Mr. Sandy Minkoff, County Attorney, explained that this Release of Property from Code Enforcement Lien for the Deckers was erroneously included by mistake.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of Release of Certain Real Property from Code Enforcement Lien against Daniel J. & Angela Decker.
RELEASE AND SETTLEMENT AGREEMENT - MEDICAL EXAMINER
Mr. Sandy Minkoff, County Attorney, stated the Board had a closed session on this case and, if the Board approves the settlement today, the documentation from that session will be placed in today’s record. He explained that this case involves the investigators at the Medical Examiner’s Office and direction was received from the five county advisory board as to a possible settlement of the case. The total settlement is $200,000 with the funds coming from the Medical Examiner’s budget where they exist for this purpose. It involves overtime for six employees, and staff is recommending approval of the request. It was noted that this budget is paid for by the five counties, with Lake County being about 24% of the total amount.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from County Attorney for approval of General Release and Settlement Agreement of Impett, Moran, Dailey, Young, Williams & Stoel v. Lake County.
ADDENDUM NO. 1 -
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
SETTLEMENT AGREEMENT - HALL VS. LAKE COUNTY
Mr. Sandy Minkoff, County Attorney, explained that this was a case that involved property in the Green Swamp. There was no increase in density, but there was a change in the way the lots were done pursuant to a family lot split. It requires them to go forward with a formal lot split, with a maximum of four lots. The Department of Community Affairs (DCA) agreed to the development and agreement.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Growth Management for approval of a Settlement Agreement for Hall vs. Lake County (SM-10-02).
ADDENDUM NO. 1 -
REPORTS - COUNTY MANAGER
STATE LEGISLATIVE UPDATE
Mr. Bill Neron, County Manager, stated that, since the beginning of the legislative session, he and Ms. Sarah LaMarche, Director of Budget and Administrative Services, and Mr. Fletcher Smith, Director of Community Services, have been serving as a County team to monitor the ongoing actions of the State Legislature, and the potential impacts on Lake County government. They participate in a conference call with the Florida Association of Counties’ (FAOC) lobbyists and get a weekly update. They have a legislative report that will be provided to the Board that shows the impacts of potential legislation on County revenues, as well as increases in County expenses. They do not know the fiscal impacts of several of the bills that have been filed and are currently under discussion but, based on the legislation that they are monitoring, there is about a $2.7 million impact on County government, and they will probably see that increase in the future. He stated that this will be a weekly or bi-monthly report that staff will be bringing to the Board under his reports.
Commr. Cadwell explained that, after being in Tallahassee last week with the FAOC, it is his understanding that the State is going to shift costs to the County, and the County will be the one to send out the tax bill. He wanted everyone to understand the seriousness of this matter, and the effect it will have on the County. He explained that right now all of the rhetoric is coming from the leadership of the House and the Senate, and their local delegation is trying to absorb everything and make decisions, but the County needs to keep the pressure on everyone. He stated that some of the programs they are talking about will devastate the County fiscally and will require them to raise taxes.
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, presented the Board with a packet of legislative information, which included critical issues pertaining to the Wekiva Springshed Protection Legislation received from the City of Mount Dora. Mr. Welstead stated that Mayor Manning was referring to a proposed amendment to Senate Bill 1956 and House Bill 1333. He noted that the Board has also received from Mr. Greg Beliveau, Land Planning Group, a transmittal with comments that represent additional information from the City. He has provided the Board with proposed revisions in the packet of information for review, and he has also included the Senate Staff Analysis and Economic Impact Statement that goes with the Senate Bill.
Mr. Welstead stated that one significant change that has occurred in the draft of this document has been in response to the action recently taken by the Board. The amendment specifically identifies the US 441 Bypass where it had originally said the Wekiva Parkway. Although there was some discussion at the Task Force meetings, on numerous occasions the Task Force specifically did not include the recommendations. In regards to transportation improvements, it addressed not only the Wekiva Parkway but included all of the transportation needs including US 441. He explained that there was a previous definition on recharge areas, and it has been further clarified to be significant recharge areas and described as those areas that are four inches of recharge per year, or greater. Mr. Welstead pointed out that the amendment says the sector plan must include existing rural lands of counties and municipalities without enclaves, and it avoids areas that are developed at urban densities, or intensities, so what is shown is not necessarily what is going to be ultimately determined to be the sector plan area. Mr. Welstead stated that he feels they will exclude the cities as being already developed at urban densities.
Mr. Welstead stated that the springshed protection area, as described in the current amendment, would be everything inside the yellow line (as shown on the map) with a recharge of greater than four inches, and it would also allow the St. Johns River Water Management District (SJRWMD) to add specific groundwater recharge areas, the surface water basin of the Wekiva, and areas of aquifer vulnerability. It would also allow them to include priority water resource caution areas. It refers to predictability and uniformity of implementation by aligning boundaries with recognizable geographic features that are not subject to change. Mr. Welstead stated that, if the County goes by that criteria, it is going to be very difficult to effectively apply these rules and undoubtedly they are going to be applied improperly in some areas.
Mr. Welstead stated that there were a number of areas in the document that refer to no loss in recharge. A previous version of the draft amendment also included no increase on current levels of consumptive use. In regards to the sector plan, as referred to by Mayor Manning, Mr. Welstead stated that there is no requirement or expectation that the State will fund that plan. There is a provision that allows for conversion of land use categories provided that recharge levels remain at equal or greater than existing levels. Also the sector plan must be adopted and in effect by each local government in the Wekiva Springshed Area before permitting and construction of the Wekiva Parkway, US 441 Bypass, or any other limited access roads in the springshed protection area, the sector plan area, or the Wekiva Protection Area. Also the DRI numerical guidelines within the springshed protection area thresholds would be reduced by half. He stated that it used to say that, if the land was not purchased, the law would go away, but the way the draft is currently written, the purchase must commence.
Mr. Welstead explained that, when reading the Task Force report, it refers specifically to a number of improvements, such as parkways, wildlife corridors, and other things that would be applied to the Wekiva Parkway. The current language says that design features shall be incorporated within the design of the Wekiva Parkway, US 441 Bypass, or the expansion of any highway that extends into or across the Wekiva River Basin, or springshed. It also gives the
SJRWMD some additional responsibilities and duties that will be required to implement a number of recommendations from the Task Force. It requires that additional criteria be applied to existing SJRWMD permits for consumptive use, management and storage of service waters, environmental resource permits, all within the springshed protection area. Also Clermont is going to be forced back to a lower level of consumptive use because of a new provision and responsibility of the SJRWMD. There is also language that will require additional septic tank inspections, maintenance programs, incentives for improvement of the systems, but there is no provision for the funding of the incentive. There are also provisions for the SJRWMD to improve its land acquisition programs in the entire springshed area
Mr. Welstead stated that the Executive Order that the Governor issued in creating the Task Force included the following: Whereas, the future transportation needs of the central Florida region compelled a careful balance of improving highway corridors and roadways while protecting the Wekiva Basin Area and related eco-system components. The latest provision removes the term “balance” and strictly addresses the environmental and water concerns.
Commr. Hanson stated that this has gone much beyond what the Task Force had recommended. She stated that Mayor Manning is absolutely right when she indicated that the recommendation was to have Lake County and parts of Orange conserve the water recharge areas for the benefit of the rest of central Florida, which is exactly what they would be doing. She stated that they all recognize the importance of protecting recharge, and they do that in their Comprehensive Plan. She believes that this is where it needs to be protected, at the local level, and the cities do that also but she believes the legislature has gone way beyond the intent of task, or at least the maker of this legislation. The one that this Board has indicated earlier that they would be very much opposed to is any taking issues without the funding from the State to take care of that liability. The big concern she sees would be financial to the County, as the Bert J. Harris taking issues come into play. She stated that Mayor Manning made a good point in asking that this legislation be tabled until their representative is back in the area, and he can look into it and be able to deal with the legislation.
Commr. Cadwell stated that, as far as the City’s request to participate with them, he is concerned that, as time goes on, they may be in conflict with some of those development areas that the City has plans to annex, but he does not mind monitoring the legislation through Mr. Welstead’s Office, and the County Attorney’s Office.
Mr. Welstead stated that, if the Comprehensive Plan amendments associated with the sector plan are not adopted by July 1, 2005, it will preclude them from submitting any Comprehensive Plan amendments until those things are adopted.
Commr. Hanson stated that she feels a responsibility to work with the cities in this issue. She feels that it does not affect the County as much as the cities, because much of the area in the County is outside of the Wekiva and between the Wekiva Basin and the joint planning areas proposed by the cities. So there is really not a lot of land left there that would be under the County’s control in the future. She feels that they should support the cities, and she believes it should be postponed.
Commr. Pool asked whether they should at least put on the record that they asked for a postponement on this issue, until Representative Baker comes back, because it is important that he have a voice in this process and, even though the bills may not be stopped, at least they could let it be known that they would appreciate some delay on the matter, until their legislators are at the table and have a voice.
Mr. Minkoff stated that it would be important for them to participate, not by just writing letters, but either have someone from his office, or Mr. Welstead, or both of them, attend some of these committee meetings. He stated that Senator Lee Constantine presented the bill as just a local bill involved with building a road and did not mention anything about property rights, or anything else to the rest of the Task Force Committee so, if the Board is interested, they ought to be attending those meetings, and it would not be a lot of travel for them.
Commr. Stivender stated that she is the liaison for the League of Cities now, and they had this discussion at the last meeting, and she agrees with the cities. Since they have now added five more cities in the Golden Triangle area into the region, as outlined, she feels it is their responsibility to help them. She stated that they do need the County’s staff at the meetings, and they need someone there who can handle their concerns.
Commr. Pool felt that Mr. Minkoff made a very valid point about participating in these meetings and having a voice, as well as Mayor Manning.
Commr. Hanson made a motion, which was seconded by Commr. Stivender, to contribute $10,000 to the efforts of the cities in the lobbying efforts to continue to monitor this issue (Senate Bill 1956 and House Bill 1333 regarding the Wekiva River Springs Protection Act), and that staff attend the Tallahassee legislative briefings/committee meetings.
Under discussion, Commr. Pool questioned whether they should include anything in the motion about Representative Baker, and Commr. Cadwell asked that the Board make a separate motion to that effect.
Under discussion, Commr. Hill stated that she agrees they should participate and that staff should be there, but she was not sure that they need a lobbyist at this time.
Commr. Hanson clarified that the motion is being made because of the three items mentioned by Mayor Manning and because they sent Mr. Minkoff to the Wekiva Task Force meetings to make sure the committee understood that they are very concerned about the taking issue, and the financial implications that this would create for Lake County. She will leave out the part about Representative Carey.
Mr. Bill Neron, County Manager, asked if the Board wanted the money to come from the Reserve for Operations Account, if approved, so that staff would not have to come back to the Board. It was noted that, if approved, the money would be taken from the appropriate fund.
Commr. Cadwell was concerned that, if they put all of their resources together, the cities would assume that they agreed on every issue. He stated that he was not particularly concerned with the money, because he knows the effectiveness of a lobbyist. He stated that protecting the 180 Utility District is a prime example of where he thinks they are talking about not arbitrarily drawing lines, and the cities have done that with those districts. He thinks that the City of Eustis is a good example, because he thinks they are reaching too far in some of that area. He understands the investment they have made there, but the Heathrow development is a good example where the City of Eustis is providing utilities. He stated that perhaps this will give them the opportunity to slow some of that down and increase that buffer that the Wekiva now offers, but he is not at a comfort level yet.
Commr. Hanson stated that, in regards to the Heathrow project, it was approved before the Wekiva Basin Amendment was approved and utilities were provided, but it took the effluent out of the Wekiva Basin. She noted that they have completely honored the Wekiva Protection Amendment.
Commr. Cadwell clarified that they did not think that Heathrow was a violation of that amendment, but he thought it was a good place to stop.
Commr. Cadwell called for a vote on the motion, which was carried by a 3-2 vote.
Commrs. Cadwell and Hill voted “no”.
Commr. Stivender made a motion, which was seconded by Commr. Pool, to ask the legislature to table the item, Senate Bill 1956 and House Bill 1333 regarding the Wekiva River Springs Protection Act, until Representative Carey Baker is back and able to participate in the discussions at a higher level.
Under discussion, Commr. Hanson stated that they really do not have anyone arguing the other side and, as mentioned by Mr. Minkoff, there is no opposing point of view being represented in Tallahassee.
Commr. Cadwell called for a vote on the motion, which was carried unanimously by a 5–0 vote.
LIBRARIES - INTERLOCAL AGREEMENTS
Mr. Bill Neron, County Manager, stated that, under the interlocal agreements with several cities relating to joint funding of library services, there is a requirement that, if the County intends to reduce the funding level in the following fiscal year, they have to put the cities on a six month notice, which would be today that they would have to notify them. He has drafted a letter, for his signature, to those cities under that provision that they may not be able to continue funding at the current levels next fiscal year, but that will be subject to future budgetary decisions made by this Board later this summer. He stated that this will preserve the Board’s right to either keep funding at current levels, improve the funding, or reduce the funding where, if they take no action, they would have to fund at least at the current level next fiscal year. He noted that this was at the Board’s direction that anything relating to libraries be brought back to the Board.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
PROCLAMATION - ANIMALS
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2003-49 designating the month of April as Prevention of Cruelty to Animals Month.
PROCLAMATION - PARENTS & CHILDREN
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2003-29 designating April 6, 2003 as Lake County Parents’ and Children’s Day.
ADDENDUM NO. 1
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
PROCLAMATION - CRIME VICTIMS
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2003-50 proclaiming April 6-11, 2003 as Crime Victims Rights Week.
PEAR PARK
Commr. Stivender informed the Board that she and Commr. Hanson attended the PEAR Park opening of the Dr. Joe Stephany nature trail on Saturday. She stated that there was a very good turnout, and it looks very nice. She noted that the volunteers put in the trails, and it is not costing the County anything.
Commr. Hill informed the Board that she was at he PEAR Park the day before the opening of the nature trail, and all of the 4-H clubs from around the State came to the park and used the PEAR project to do their science and soil testing.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
RIBBON CUTTING - EUSTIS
Commr. Hanson informed the Board that she attended the ribbon cutting at the Eustis Little League Field, and it went very well.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
PROCLAMATION - GOVERNMENT WEEK
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2003-51 proclaiming April 6 - 12, 2003 as National County Government Week.
SCHOOL IMPACT SOLUTIONS COMMITTEE UPDATE
Commr. Cadwell updated the Board on the Joint Committee for School Impact Solutions and stated that the Joint Committee is still going to meet and, after finding the 30 day deadline that he had imposed on everyone to be unrealistic and, unless the Board says anything different, the Board will hear the zoning cases at the end of April. The School Board is commenting on cases, as they did at their last zoning meeting, and they will move forward and make decisions based on the evidence that is presented to them. He stated that the Joint Committee scheduled another meeting on May 28, 2003 to allow them adequate time to gather information that was asked for by participants. Commr. Cadwell stated that he was a little concerned about the School Board Chairman, Mr. Jimmy Conner’s comments over the last two or three weeks in regard to impact fees. He stated that this Board has always pushed the School Board for those fees, and they have always voted to raise them every time they have asked them to do so and usually it has been the Board asking the School Board about increasing them. He took exception to other comments that were made and would prefer that Mr. Conner participate in the meetings instead of taking the tactic he is taking now.
Commr. Hill stated that historically the Impact Fee Committee has met every five years, to review all of the impact fees. They have reviewed the transportation fees without any problem and the library has been on schedule with their fees, as well as parks and recreation, and they are looking at the fire, but the School Board has recently given the Committee another set of numbers, which they will be discussing at their meeting on Thursday. She stated that they were trying to bring them all in a package at one time but, if they cannot get those numbers from the School Board and, if the other portions of impact fee reports are complete, she wanted to know if the Board would prefer to have the finished reports brought forward.
It was the consensus of the Board that they would like to have all impact fees brought forth from the Impact Fee Advisory Committee that are complete which would include libraries, parks and recreation, and fire impact fees.
REPORTS - COMMISSIONER POOL - DISTRICT #2
COMMUNITY AWARDS BANQUET
Commr. Pool wanted to note that the Board members attended the Community Awards Banquet, and they congratulated all of those who received awards in their community and “The Daily Commercial” for their sponsorship. It went very well and it was a very well attended evening.
WEKIVA MEETINGS
Commr. Cadwell stated for clarification that, on the issue of the Wekiva, he wants Mr. Minkoff’s office involved.
REPORTS - COMMISSIONER HILL - DISTRICT #1
LAKE COUNTY FAIR
Commr. Hill informed the Board that the Fair will open Thursday at the Lake County Fairgrounds.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:03 p.m.
WELTON G. CADWELL, CHAIRMAN ATTEST:
______________________________
JAMES C. WATKINS, CLERK