A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 20, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, May 20, 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: Debbie Stivender, Vice Chairman; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Commr. Welton G. Cadwell, Chairman, was not present, due to another commitment. Others present were: Melanie Marsh, Assistant County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Ms. Jean Kamenski, Executive Director of the Home Builders Association of Lake County, gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, informed the Board that the worksessions regarding the Fire Assessment and Proposed Fire/Rescue Budget and the Solid Waste Assessment for Fiscal Year 2003/2004 were being rescheduled until the Board Meeting of May 27, 2003, when a full Board would be present, as well as Tab 31, a request from Public Works for approval of the Interlocal Agreement between Lake County and the Orlando-Orange County Expressway Authority (OOCEA), for the purpose of creating a partnership to allow OOCEA to expand and operate an extension of the SR 429 Western Beltway. He then corrected the language in Tab 26, under the County Manager’s Consent Agenda, noting that the original language was incorrect. He stated that the prior week staff received a proposed Executive Order from the Governor, relating to the Wekiva basin, and he would like to place said item on the Agenda, so that Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, could review it with the Board, noting that it was a time sensitive matter. He further stated that there was an Addendum No. 1 to the Agenda, containing two items, as well.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of April 8, 2003 (Regular Meeting), as amended.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of April 15, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of May 2, 2003 (Special Meeting - Blue Ribbon Committee), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the following requests:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Ordinance from the City of Mascotte
Request to acknowledge receipt of Ordinance No. 2003-03-326, from the City of Mascotte, annexing certain real property, as described, into the City of Mascotte, upon the voluntary petition of the owner of all property within the area to be annexed, filed with the City of Mascotte by Richard H. Langley. Passed and adopted by the City Council of the City of Mascotte at a regular Council meeting on the 14th day of April 2003.
Ordinance and Location Map from the City of Mount Dora
Request to acknowledge receipt of Ordinance No. 828 and location map, from the City of Mount Dora, as adopted by the City Council of the City of Mount Dora on April 1, 2003, allowing for the annexation of approximately 1.1 acres located at the northwest corner of U.S. Highway 441 and County Road 44B, providing for a C-3 (Highway Commercial) zoning district and a Commercial land use designation.
Ordinance from the City of Fruitland Park
Request to acknowledge receipt of Ordinance No. 2003-005, from the City of Fruitland Park, Amending Boundaries of the City of Fruitland Park, by Including Within the City Limits Approximately Four Acres of Property Generally Located off of Gray’s Airport Road, Section 34, Township 18 South, Range 24 East, James P. and Barbara H. Logan, as further described, which was passed April 24, 2003.
Agenda for the Southwest Florida Water Management District’s Governing Board
Request to acknowledge receipt of Agenda for the Southwest Florida Water Management District’s Governing Board Meeting, scheduled for April 29 and 30, 2003.
Ordinances from the Town of Lady Lake
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2003-02 - 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 - Amendment Number 03-S-01 - Applicant/Owner: Village Center Community Development District (Exhibit attached with legal description). Passed by the City Commission on March 3, 2003.
Ordinance No. 2003-03 - Requesting Lake County to Remove that Portion of the Town of Lady Lake Located Within the Villages and Certain Parcels in Close Proximity Thereto from the Lake County Municipal Service Taxing Unit for Fire Protection (Exhibit attached with legal description). Passed by the City Commission on February 19, 2003.
Ordinance No. 2003-04 - Establishing a Uniform Method of Collecting Non-Ad-Valorem Special Assessments for Solid Waste Collection Services in the Town of Lady Lake; Authorizing Assessments to be Levied in the Town of Lady Lake in Areas Located Outside of the Villages and Sunshine Mobile Home Park; Providing for the Delivery of this Ordinance to the Florida Department of Revenue, The Lake County Tax Collector, and the Lake County Property Appraiser Within the Deadlines Established by Law (Exhibit attached with legal description). Passed by the City Commission on February 24, 2003.
Ordinance No. 2003-05 - Pertaining to Land Development Regulations; Providing for amendments to the Land Development Code of the Town of Lady Lake, Lake County, Florida, Amending Certain Provisions Regarding Chapter 14, Water and Sewer Standard Specifications; Deleting Refund of Impact Fees; Providing for a 25% Surcharge for Out of Town Users; Eliminating Interest on Deposits; Establishing Equivalent Residential Units for Irrigation Users for Fire Service Connections. Passed by the City Commission on April 7, 2003.
Ordinance No. 2003-06 - Providing for the Filing of Liens for Non-Payment of Solid Waste Collection Fees and Enforcement, Pursuant to Florida Law; Providing for Judgment Against Owner of the Property for Non-Payment; Providing for New Accounts to be Limited to Owners of Property; Repealing Conflicting Provisions. Passed by the City Commission on April 7, 2003.
Ordinance from the City of Eustis
Request to acknowledge receipt of Ordinance No. 03-43, from the City of Eustis, Initiated by the City of Eustis, to annex a .22 +/- Acre Parcel Located West of East Crooked Lake Drive, as described. Passed by the City Commission on April 17, 2003.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - In re: Joint petition for acknowledgment of corporate reorganization and for name change on Certificates Nos. 533-W and 464-S, in Lake County, from Southlake Utilities, Inc. to Southlake Water Works, LLC, d/b/a Southlake Utilities - Order Acknowledging Revisions to the Corporate Reorganization and Name Change of Southlake Utilities, Inc. and Closing Docket - Docket No. 020775-WS, Order No. PSC-03-0549-FOF-WS, Issued April 28, 2003.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - In re: Application for approval of reuse plan in Lake County, by Sun Communities Finance, LLC, d/b/a Water Oak Utility - Docket No. 010087-WS, Order No. PSC-03-0523-CO-WS, Issued April 21, 2003 - Consummating Order.
Notice of Further Proceedings or Judicial Review - Any party adversely affected by the Commission’s final action in this matter may request judicial review by the Florida Supreme Court, in the case of an electric, gas, or telephone utility, or the First District Court of Appeal, in the case of a water and/or wastewater utility, by filing a Notice of Appeal with the Director, Division of the Commission Clerk and Administrative Services, and filing a copy of the Notice of Appeal and the filing fee with the appropriate court. This filing must be completed within 30 days after the issuance of this Order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The Notice of Appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill informed the Board that she would like to pull Tab 4, Item No. 1, a request from Budget and Administrative Services - Budget for approval of a Budget Transfer, in the amount of $10,000.00, from Reserve for Operations to Aids to Governmental Agencies, to be paid to the cities for lobbying and legal services regarding the Wekiva River Springs Protection Act; and Tab 18, a request from Public Works for approval to provide funding assistance to the Lake County School Board Summer Enrichment Program for Middle School age children for up to $79,600.00, for discussion.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Budget and Administrative Services - Budget
Request from Budget and Administrative Services - Budget for approval of the following:
Budget Change Request - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $300,085.00. Transfer $300,085.00 from Reserve for Operations to Contractual Services ($4,500.00), Rentals and Leases ($51,200.00), Road Materials and Supplies ($177,830.00), and Roads ($66,555.00). Funds are needed to cover expenses for the C-561 bridge repair project. This project is to repair one mile of road on either side of the bridge on C-561. It is being done in-house to save gas tax dollars. The total cost of the project is estimated to be $600,000.00. If the project had been sent out to bid, it is estimated that the project would exceed $1,000,000.00. This transfer will cover the dollars already spent to complete Phase 1 of 2 for the road project. Phase 2 is estimated to cost an additional $300,000.00 (approximately) and will be started when the lake levels have receded. Funds for Phase 2 will have to be transferred from Reserve funds when needed. Funds available in Reserve for Operations.
Budget Transfer - General Fund, Department of Public Works, Road Operations Division, Parks and Recreation Section, in the amount of $27,600.00. Transfer $27,600.00 from Aids to Government Agencies to Improvements Other than Buildings. Per County Finance, these budgeted funds need to be transferred to Improvements Other than Buildings to complete the construction phase of Pine Forest Park. Funds available in Aids to Government Agencies.
Budget Transfer - County Fire Control Fund, Department of Public Safety, Fire Rescue Division, in the amount of $35,000.00. Transfer $35,000.00 from Reserve for Operations to Improvements Other than Buildings. Funds are needed for the fuel tanks in Astor to be in compliance with Code. Funds are available in Reserve for Operations.
Approval of Check Request (Direct Pay) from the Clerk’s Office, for payment of Criminal Court costs for April, 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $36,035.00.
Budget Transfer - General Fund, Public Works, Special Services, in the amount of $83,000.00. Transfer $83,000.00 from Machinery and Equipment to Reserve for Operations. At the March 4, 2003, Board of County Commissioners Meeting, a budget transfer from Reserve for Operations to Machinery and Equipment was approved, with instructions to staff to look at the feasibility of purchasing portable bleachers for the Fairgrounds. After reviewing options, it was determined that renting bleachers, on occasion, would be best. Therefore, the money is being returned to the Reserve for Operations account.
Budget and Administrative Services - Procurement Services
Request for approval to award RFP 03-036, contract for Title Search, Title Insurance and Closing Services, to H. D. Robuck, Jr., Leesburg, FL.
Request to acknowledge receipt of For Information Item from Community Services: Lake County Health Department Variance Report.
Request from Growth Management for approval of the following:
Approval and execution of a Satisfaction and Release of Fine for property owned by Benny and Kathy Wells d/b/a Outhouse, Inc.
Approval and execution of Satisfaction and Release of Fine for property owned by Solon and Ruby Dinkins.
Approval and signature on a Subordination Agreement with Habitat Trust and Check It Out, LLC, whereas the County subordinates a Code Enforcement lien to the loan and mortgage for property originally owned by Jennifer Smith.
Request for approval of a $12,000.00 Grant Agreement for expansion of the Community Emergency Response Team (CERT) Program in Lake County.
Request from Public Works for approval of the following:
Approval and execution of a Developer’s Agreement with Rex V. McPherson, II, John R. McPherson, and Keene M. Gerber, as Trustees, for right of way, in conjunction with the Keene Road clay to pave construction project in the Umatilla area.
Approval and authorization to accept the final plat for Pennbrooke Fairways, Phase P, all areas dedicated to the public, as shown on the Pennbrooke Fairways, Phase P plat; a Developer’s Agreement, for Construction of Improvements, between Lake County and Florida Leisure Communities; and a Letter of Credit, for Performance, in the amount of $63,982.99.
Approval and authorization to accept the final plat for Orange Tree, Phase 3, all areas dedicated to the public, as shown on the Orange Tree, Phase 3 plat; execute a Developer’s Agreement, for Construction of Improvements, between Lake County and The Greater Construction Corporation; and a Letter of Credit, for Performance, in the amount of $402,428.00.
Approval and authorization to release a cash bond, in the amount of $8,694.00, for the Circuit City Distribution Center.
Approval and authorization to release a Letter of Credit, for Performance, in the amount of $86,939.00; accept a Bond, for Maintenance, in the amount of $37,606.00; execute a Developers Agreement, for Maintenance of Improvements, between Lake County and The Greater Construction Company; and execute Resolution No. 2003-76, accepting Long Pine Trail “Part” (CR1252), Sandy Pine Lane “Part” (CR1252A), Stone Pine Court (CR1252C), and Royal Pines Court (CR1252D) into the County Road Maintenance System, all relating to the Greater Pines, Phase 9 Subdivision. Subdivision consists of 56 lots - Commission District 2.
Approval and authorization to release a Letter of Credit, for Performance, in the amount of $66,904.00; accept a Bond, for Maintenance, in the amount of $21,375.00; accept a Developer’s Agreement, for Maintenance of Improvements, between Lake County and the Greater Construction Company; and execute Resolution No. 2003-77, accepting Long Pine Trail “Part” (CR 1252) into the County Road Maintenance System, all relating to the Greater Pines, Phase 10 Subdivision. Subdivision consists of 15 lots - Commission District 2.
Approval and authorization to advertise for bids for Lake Griffin Stormwater Retro-Fit Project No. 2003-10, at an estimated cost of $255,000.00, from the Stormwater Management Fund - Commission District 1.
Approval and authorization to advertise for bids for No. 4909 Griffin Road (CR 44A) Sidewalk Construction Project No. 2003-12, at an estimated cost of $166,000.00, that is to be funded by the Florida Department of Transportation, through a Local Agency Program Agreement.
Approval and authorization to execute two change orders, at a cost of $20,790.00, to Brian Cumming & Associates, Inc., the engineering firm for the Lake County Chilled Water Piping Upgrade project. Additional unforeseen engineering services are needed to complete site work behind the Lake County Detention Center ($3,290.00) and additional engineering services are needed to complete the extension of the chilled water piping to the Law Library ($17,500.00).
Approval of Resolution No. 2003-78, advertising Vacation Petition No. 1000, by Carl J. Frankito, to vacate a street located in Section 32, Township 18 South, Range 28 East, in the unrecorded Plat, in the Lake Norris/Cassia area - Commission District 5.
Approval of Resolution No. 2003-79,advertising Vacation Petition No. 1001, by Gene Smith, to vacate right of way located in Section 28, Township 19 South, Range 26 East, in the corrected Plat of Heights Extension, in the Tavares area - Commission District 3.
Approval of Resolution No. 2003-80,advertising Vacation Petition No. 1002, by Calvin C. Lee, to vacate easements located in Sections 22 and 23, Township 21 South, Range 24 East, in the Mascotte/Groveland area - Commission District 3.
Approval of Resolution No. 2003-81, advertising Vacation Petition No. 1003, by John and Deborah A. Olah, Trustees, and Candy O. Hurley, to vacate an easement located in Section 23, Township 22 South, Range 26 East, in the Lake Highlands Subdivision, in the Clermont/Montverde area - Commission District 3.
Approval of Resolution No. 2003-82, advertising Vacation Petition No. 1004, by Ronald and Mei B. Moss, to vacate and cease maintenance on a portion of Umatilla Road (No. 0847) and a portion of the platted lots within the Plat of Dream Lake Poultry Ranches, located in Section 5, Township 18 South, Range 26 East, in the Umatilla area - Commission District 5.
Approval of Resolution No. 2003-83,advertising Vacation Petition No. 1005, by Pinnacle Companies, to vacate roads, streets, and rights of way shown on the Plat of Sorrento Hills (Phase I & II) Subdivision, located in Section 7, Township 19 South, Range 28 East, in the Sorrento area - Commission District 4.
Approval and authorization to advertise for bids for Judicial Center Parking Lot Modification Project No. 2003-11, at an estimated cost of $1,004,346.00, to be funded from Infrastructure Sales Tax (Fund 301). Also included in the project, as an alternate bid item, will be the resurfacing of the Clerk’s Public Record Center parking lot, at an estimated cost of $23,000.00, to be funded from Infrastructure Sales Tax Renewal (Fund 303).
Approval and transfer of funds to reconfigure the Judicial Center third floor and the Clerk’s IT function, in the amount of $110,000.00, for Phase 1.
BUDGET AND ADMINISTRATIVE SERVICES - BUDGET
BUDGET TRANSFER - WEKIVA RIVER SPRINGS PROTECTION ACT
Commr. Hill stated that she asked that this request be pulled from the County Manager’s Consent Agenda, for discussion, because she feels very strongly about the request and wanted the Board to know that she would be voting against it.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 3-1 vote, the Board approved a request from Budget and Administrative Services - Budget, for approval of the following:
Budget Transfer - General Fund, Non-Departmental, in the amount of $10,000.00. Transfer $10,000.00 from Reserve for Operations to Aids to Governmental Agencies. At the March 18, 2003, Board of County Commissioner’s Meeting, a contribution of $10,000.00 was authorized to the cities for lobbying and legal services, regarding the Wekiva River Springs Protection Act. Funds available in Reserve for Operations.
Commr. Hill voted “No”.
Commr. Hanson stated that she felt it was extremely important that the Board participate, to back up the cities, as well as to stay informed, because there was no way that staff and the elected officials could have provided the information back to the County and the cities, without that type of help. She stated that she felt the Board did the right thing.
Commr. Hill stated that she understood the vote, it was just that, as a matter of principle, she did not want to vote to have the money transferred, after she had voted “No” on the issue itself.
PUBLIC WORKS - FUNDING ASSISTANCE TO LAKE COUNTY SCHOOL BOARD
SUMMER ENRICHMENT PROGRAM
Commr. Hill informed the Board that she asked that this request be pulled from the County Manager’s Consent Agenda, for discussion, as well, noting that she was aware that the money has been budgeted for this request and that the County has participated in the program for years; however, she feels that the Board needs to start looking seriously at some of these programs. She stated that the County is up to 70% in funding this particular program and she would for it to have a little more say as to how the money is spent. She stated that, in looking at the proposal that was submitted, it seems the curriculum for the Summer program has been watered down for the middle school students, who she feels are at-risk, because in a few short years they will be taking the FCAT. She stated that she feels the Board needs to strongly recommend to the School Board that they look at their curriculum and work a little closer with the library’s literacy program and a few other programs that the County has through the Citizens’ Commission for Children and make a real difference with the middle school students, rather than have it be a baby sitting program for the Summer. She stated that she feels the Board needs to start re-evaluating and asking for accountability, as to how the money is spent.
Commr. Stivender interjected that she is the liaison commissioner to the Parks and Recreation Board, which this request falls under, and those same questions were asked of them. She stated that they reviewed the request and felt that the Board of County Commissioners needed to address some things.
Ms. Judy Boyers, representing the Lake County School Board, addressed the Board stating that this Summer they plan to spend more time on literacy, FCAT scores, and remediation for a lot of the students, so a lot of them will be completing activities that may help them pass their grade.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval to provide funding assistance to the Lake County School Board Summer Enrichment Program for Middle School age children for up to $79,600.00.
Mayor Connie Fleetwood, City of Groveland, addressed the Board and concurred with the statement made by Ms. Boyers. She stated that there will be more curriculum than what the students would like to see, however, noted that there will be some fun activities, as well.
ORDINANCE CREATING THE LAKE COUNTY LAND ACQUISITION ADVISORY
Ms. Melanie Marsh, Assistant County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE LAKE COUNTY LAND ACQUISITION ADVISORY COUNCIL; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2003-48, creating the Lake County Land Acquisition Advisory Council.
PRESENTATION - CR 44 CORRIDOR TRANSPORTATION STUDY
Mr. Ken Black, Transportation Engineers and Planners, Inc. (TEI), addressed the Board stating that this would be the last presentation that TEI would be giving them, prior to holding public hearings and receiving public comment. He stated that they have conducted four workshops and have held five briefings with the Board, regarding this project, which extends from SR 500/US 441, near Leesburg, approximately 15 miles along CR 44 to SR 44 and terminates in the area of CR 44B. He stated that they have been very encouraged by the input and the cooperativeness that they have received from the local communities and the citizens along the corridor. He stated that they have held five project status meetings with the County and the Cities of Eustis, Leesburg, and Mt. Dora; four meetings with the Citizen Advisory Council (CAC) and the Transportation Advisory Council (TAC); and have met with the Bicycle Pedestrian Advisory Committee, as well. At this time, he gave a power point presentation, providing the Board with an overview of the recommended improvement concept, including short-term and long-term improvements, to meet the transportation demand and community needs, and a summary of the public input received at the fourth public hearing that was held on April 24, 2003, being (1) access to private property; (2) noise walls along SR 44; (3) impacts; (4) the fact that four-laning will be needed in the future; and (5) the fact that many intersections need improvements now.
Mr. Black discussed the details of the short-term improvements, which he noted they hope to accomplish between the years 2003 and 2012, and reviewed a map indicating what they feel the traffic conditions will be by the year 2022, at which time he discussed the staging of the long-term improvements, being:
• 4/5 Lane Widening
- US 441 to Treasure Island Avenue - Beyond 2022
- Treasure Island Avenue to Emeralda Avenue - 2012
- Emeralda Avenue to Grand Island Shores Road - 2022
- Grand Island Shores Road to SR 19 - 2012
- SR 19 to SR 44 - 2022
- SR 44 to CR 44B - 2012
• Bicycle/Pedestrian Improvements
- Select Locations - 2012-2022
- Multi-Use Trail - 2012-2022
He discussed the preferred alternative, reviewing those segments of the roadway that will be four laned, versus five laned, as follows:
US 441 to Treasure Island Road 4 Lane Divided
Treasure Island Avenue to Emeralda Avenue 5 Lane Section
Emeralda Avenue to Sparrow Lane 4 Lane Divided
Sparrow Lane to CR 452 (Option 1) 4 Lane Divided
Sparrow Lane to CR 452 (Option 2) 4 Lane Divided along new alignment
CR 452 to SR 19 5 Lane Section
SR 19 to CR 44A 4 Lane Divided
He stated that, in terms of bicycle/pedestrian enhancements, there are two packages of improvements that they are recommending, which are:
• Sidewalk connections to residential neighborhoods
• Connect to existing bicycle and pedestrian facilities through the study area
- CR 44
. Treasure Island Road to Mid-Florida Lakes
. CR 452 to SR 19
. Bates Road to SR 44
- Fish Camp Road
- Bates Avenue
Mr. Black stated that the other part of the bicycle/pedestrian accommodation is a regional multi-use trail. He stated that they would like to capitalize on abandoned rail right of way that exists on the north side of CR 44 and then connect the multi-use trail into trail systems and initiatives that are occurring in Eustis and Leesburg, to get what would be a centralized part of the County, which would all be connected with a nice regional facility. He stated that the remaining activities for the planning study is the hearing this date and then the project deliverables. He stated that the remaining deliverables to county staff is an implementation plan, which includes available funding; costs for the different improvements along the corridor, which will be finalized based on comments received this date; and then further work that they will be doing on cost estimates. He stated that county staff has in their possession a final report, in draft form, and noted that TEI will also be providing, in draft and final form, a public involvement record report that will contain everything from all the comments they have received, be it written, email, telephone, comments from the public workshops, copies of all the news letters, as well as anything they have communicated back to the public. He stated that they will receive final comments from county staff on all the documentation and will continue to be involved with the property owners.
The Vice Chairman, Commr. Stivender, opened the public hearing.
Mr. Dallas High, a retired university professor and resident of Park Place, in Eustis, addressed the Board stating that he is the President of the Park Place Homeowners’ Association and that he was present representing their Board of Directors, as well as the homeowners. He stated that the entrance to Park Place is on CR 44B and reiterated the need for a sound reducing wall along CR 44, noting that, without such an arrangement, the Park Place Homeowners’ Association must go on record as opposing the widening of CR 44 to four lanes on the grounds that it would be environmentally unsound and would have a devastating impact on many valuable homes in what is a first class community.
Ms. Shirley Dearden, a resident of CR 44, addressed the Board stating that a lot of the homeowners in her area are wanting to put their homes on the market, because they are concerned about the widening of CR 44 and how it will affect their properties. She stated that, if the State decides to move the corridor closer to the residential area, it is going to affect many waterfront properties; therefore, she hopes they will utilize the Florida Food Products property, which will save the residents a lot of hassle and aggravation.
Mr. Black informed the Board that the comment made regarding the sound reducing wall would be carried forward for further evaluation and will be included in the final document.
Commr. Pool addressed the costs involved with the project and whether there would be any advantages to doing it all at one time, to save money, rather than doing it in stages over a 12 year period of time, noting that he was sure the interest rates will be higher in five to ten years than they are at this point in time.
Mr. Jim Stivender, Jr., Senior Director, Public Works, informed the Board that staff will be bringing back to them later this year the Capital Improvements Plan, so that they can see exactly what is funded and what is unfunded and where the unfunded issues fit into the program.
Commr. Stivender questioned whether the short-term improvements would be torn up, when the road is four laned, and was informed that some of them would be, such as median enhancements. She stated that she did not want the County to make improvements, only to go back and tear them up, when the road is widened.
Commr. Pool concurred.
Mr. Bill Neron, County Manager, stated that, with regard to the point that Commr. Pool raised about having the road widening project done at one time, to save money, while interest rates are low, rather than doing it in stages, noted that it is something staff has been looking at and will be bringing to the Board in June, during the workshop on the Capital Improvements Program.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the CR 44 Corridor Transportation Study recommendations, as presented by Transportation Engineers and Planners, Incorporated (TEI).
ADDENDUM NO. 1
PRESENTATION OF PROCLAMATION FOR EMERGENCY MEDICAL SERVICES
Commr. Stivender, Vice Chairman, presented Mr. Jim Judge, Lake-Sumter Emergency Medical Services Executive Director, with Proclamation No. 2003-75, proclaiming May 18-24, 2003, as Emergency Medical Services Week in Lake County, which she read into the record.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
REPORTS - COUNTY MANAGER
DRAFT EXECUTIVE ORDER-PROTECTION OF WEKIVA BASIN AREA
Mr. Bill Neron, County Manager, informed the Board that Mr. Sandy Minkoff, County Attorney, received from the Department of Community Affairs (DCA) a Draft Executive Order, relating to the protection of the Wekiva Basin Area and some future studies that they have planned, and wanted any comments the Board might have by 5:00 p.m. this date.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board stating that the Executive Order requires the St. Johns River Water Management District (SJRWMD) to define a boundary, within 60 days after the Executive Order is signed, for both the ground and surface water of the Wekiva Basin and review its permitting and rules to protect both the water quality and water quantity. He stated that it requires DCA to review existing comprehensive plans and land development regulations for all the jurisdictions within the springshed, whatever it is defined as, and ask for public comment and hearings, after they have done their analysis. He stated that they already have them in hand, so it should just be a matter of going back through them, to ensure that they are compliant. He stated that they are also supposed to assist in comprehensive plan amendments for each of the jurisdictions, to implement the requirements of the Executive Order and to develop a model set of land development regulations for springshed protection for all the jurisdictions. He stated that the model land development regulation is supposed to be vetted by the Technical Review Committee in public hearings, so that effected people will have input, and they are supposed to report all their findings to the Legislature and the Governor 60 days prior to the next legislative session, so that, if anything needs to be changed, they will have ample time to make said changes. He stated that the third provision requires the Florida Department of Transportation to get hot on land acquisition this year and come up with a funding plan and lead agency for the Wekiva Parkway and Hwy. 441 bypass, if, in fact, they go ahead with it. He stated that it requires DEP to complete acquisition of parcels that are listed in Task Force Recommendation 16 and it requires them, in their future review of comprehensive plan amendments, to incorporate the SJRWMD’s recommendations, as far as best management practices are concerned. He stated that it asks the Department of Agriculture and Consumer Services to look at agricultural practices within the Wekiva Basin, to determine if there may be some better way of agricultural entities doing their job through best management practices, water conservation, etc. He stated that he found it interesting that the only active involvement by local governments is almost as an afterthought and that he feels the County needs to send a message to the Governor that local government participation, in all aspects, needs to be up front, rather than as an afterthought.
Mayor Gwendolyn Manning, City of Eustis, addressed the Board stating that she has been jumping up and down, since the Task Force first met, about the local governments not being involved and that she appreciated the Board voicing their sentiment on that same issue - that all local governments be heard and come to the table, because they are affected as much as anyone else and should be there with their opinions.
Commr. Hill stated that she would like the Board to consider a 30 day postponement of this request, which will give them a chance to review the Executive Order a little closer and will give staff a chance to review it, as well, noting that they have only had two business days to look at it and they are being asked to make a major decision, without the full Board being present. She stated that she feels there are a lot of interested parties that would like to respond and have not had the chance to. She stated that they are, in essence, agreeing to an Executive Order without due process and she feels very uncomfortable about it. She referred to Page 3 of the document, noting that they are asking that both the Seminole County Expressway Authority and the Orlando/Orange County Expressway Authority report to the Governor and Legislature joint recommendations for a funding plan and lead agency for the Wekiva Parkway, which shall be developed to maximize implementation of the location, design, and construction principles included in the Task Force Recommendations. She stated that Lake County is being left out of it totally and that bothers her quite a bit.
Mr. Neron stated that the communication his office received was that any comments the Board might have about the matter needed to be received this date, however, noted that his office can ask that the process be delayed, to allow more time for public comment and local government involvement. He suggested that the Board authorize staff to prepare, for the Chairman’s signature, communication to be sent out this date, expressing the concerns about local government involvement on the front end of the process and other comments made by the Board, as well as requesting that the process be delayed for an additional period of time, to allow for further study and input.
Commr. Hanson stated that she was not sure the Board was going to have the luxury of 30 days and recommended that they postpone action regarding the matter for one week, which would allow Commr. Cadwell to be present, and, if they need more time, they can look at it again next week.
Commr. Hill interjected that she was looking at the fact that any action the Commissioners took would affect their constituents.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 3-1 vote, the Board approved to postpone action regarding the Draft Executive Order, directing protection of the Wekiva Basin Area, until the Board Meeting of May 27, 2003, with staff sending the Board’s comments regarding the matter to the Legislature this date, with emphasis being placed on public input and local development.
Commr. Hill voted “No”.
REPORTS - COMMISSIONER POOL - DISTRICT 2
STOP SIGN STUDY IN MINNEOLA
Commr. Pool informed the Board that he has had residents that live along Lakeshore Drive, in Minneola, ask that stop signs be placed at Virginia Avenue and Waterford Landings, therefore, requested that a stop sign study be conducted for said locations, to see if there is a need for said signs.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
EXTRA WARNING FOR INTERSECTION OF WOLF BRANCH ROAD AND
ROUND LAKE ROAD
Commr. Hanson reminded the Board about a tragic accident that occurred over the weekend at the intersection of Wolf Branch Road and Round Lake Road, stating that she felt there may be a need for an extra warning about the intersection, as one travels north on Round Lake Road to Wolf Branch Road, noting that it can catch people off guard, as they travel north on said road. She asked that the Public Works Department look into the matter.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
ARTICLE IN THE LAKE SENTINEL REGARDING SR 46 CORRIDOR
Commr. Hanson responded to an article that was written in The Lake Sentinel recently about an expressway being proposed near the SR 46 corridor and whether she, as the owner of a real estate business in that are, should be allowed to vote on the matter, noting that she felt the article was a diversionary tactic. She discussed the article at length, indicating how she felt about it, at which time she noted that The Orlando Sentinel’s industrial plant has been the only violation of the Wekiva Amendment that has been put in, since the regulations were approved. She stated that it was done very quietly, with The Orlando Sentinel’s name being nowhere on the contract for the property; therefore, no one knew they were buying it, until after the transaction occurred. She stated that she feels the plant is environmentally sound and that she does not think there are any violations involved, however, noted that the bottom line is that it is an industrial plant in the Wekiva Basin. She stated that she was the broker of the office that handled the transaction, but she did not represent the buyer or the seller. She stated that she does not own any property for development and does not work with developers of property. She stated that she does everything she can to protect the Wekiva Basin, noting that she lives in the Basin and has farmed in it, as well. She stated that she has done everything, since being on the Board and prior to being on the Board, to enforce the regulations of the Wekiva Amendment to the Comprehensive Plan. She stated that, with regard to her having a conflict of interest by being a realtor and serving on the Board, noted that there is the potential for a conflict of interest; however, she feels that it depends on the ethics of the person that sits on the Board and she prides herself in making every effort to separate her business interests from her responsibilities, as she makes decisions for the citizens of Lake County. She then responded to some statements that were made by the reporter that indicated she is an unhappy person, assuring everyone that she is very content with her life and enjoys the challenges that serving the people of Lake County offers her. She thanked those people that have called her, as well as those that have seen her out and about, indicating their support after the article appeared in the newspaper, noting that their trust and support was very important to her. She stated that the people of Lake County have voted repeatedly to put her in office, which she believes is because they trust that she will do the best thing for Lake County and act in their interest and not her own. She stated that she will continue to tell the people of Lake County that The Orlando Sentinel’s industrial plant being located in the Wekiva Basin is the only violation in the Basin.
ADDENDUM NO. 1 (CONT’D.)
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5
SCHOOL BOARD’S SAFE ADVISORY COUNCIL
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request that Commr. Cadwell serve on the School Board’s SAFE Advisory Council, on behalf of the Board.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
ABSENCE OF COMMISSIONERS FROM BOARD MEETINGS
Commr. Stivender informed the Board that different Commissioners have been absent from Board Meetings recently causing the Board to postpone some important issues until a full Board is present. She stated that, due to that fact, she asked Mr. Bill Neron, County Manager, to make sure that staff does not schedule a presentation during those times when a full Board is not going to be present. She asked that, in the future, the Commissioners have their secretaries meet with Ms. Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office, so that she can coordinate their calendars with Mr. Neron’s calendar.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
MINNEOLA DAYS EVENT
Commr. Stivender informed the Board that she recently attended the Minneola Days event that was held at the trail head and was pleasantly surprised to find that the trail head was very nice.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
MEMORIAL SERVICE AT MCTUREOUS PARK
Commr. Stivender informed the Board that Saturday, May 17, 2003, she attended a memorial service at McTureous Park, in honor of Memorial Day, which was put on by the Greater Altoona Historical Society, and that the event was well attended.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
MEMORIAL DAY CELEBRATION BY HISTORICAL SOCIETY OF TAVARES
Commr. Stivender informed the Board that the Historical Society of Tavares will be having a Memorial Day Celebration at 11:00 a.m., on Monday, May 26, 2003, at the Tavares Cemetery. She encouraged everyone to attend the various Memorial Day Celebrations that will be held throughout the County, in honor of our veterans.
REPORTS - COMMISSIONER HILL - DISTRICT 1
MEETING AT LAKE TECHNICAL CENTER
Commr. Hill informed the Board that they had been invited to attend a meeting at the Lake Technical Center having to do with small businesses and the workforce and encouraged the Commissioners to attend.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:20 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK