A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JUNE 3, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, June 3, 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; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, with several items under the County Manager’s Consent Agenda, an item under the County Manager’s Departmental Business, and one item under Reports. He stated that, under his Reports, he would like to add a discussion item on a Tax Amnesty Program that the State just informed the County about, which will require action by the Board.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda a Closed Session, to be held at the Board Meeting scheduled for June 24, 2003, at 11:30 a.m., to update the Board on the Covanta bankruptcy case.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda.
Commr. Hill stated that she would like to add to the Agenda, under her Reports, a request from the Farm Bureau regarding Senate Bill 1660, which will require action by the Board.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 22, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of May 6, 2003 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Satisfaction of Judgment
Request for approval of Satisfaction of Judgment for State of Florida vs. Sherman Hoover, in the amount of $750.00, Case No. 1999CF002592 - Final Judgment entered on the 7th day of March, 2000, and recorded in OR Book 1815, Page 918, of the Public Records of Lake County, Florida.
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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 2003, in the amount of $166,350.93. Same period, last year: $133,120.78.
Property Placed on Lands Available for Taxes List
Request to acknowledge receipt of Property Placed on Lands Available for Taxes List, as indicated in attached correspondence.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hanson stated that she would like to pull Tab 8, a request from Environmental Services for approval of a recommendation to waive the requirements for formal competition and award a non-competitive consulting contract to Malcolm Pirnie, to provide economic analysis for the waste-to-energy plant, for discussion.
Commr. Hill stated that she would like to pull Tab 10, a request from Public Safety for approval and signature on a Grant Application, for funds to revise the Lake County Local Mitigation Strategy; and approval of the hiring of a consultant to perform required services, for discussion, as well.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 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 Transfer - General Fund, Department of Community Services, Social Services Division, in the amount of $10,442.00. Originally, $70,000.00 was budgeted to fund the hardship exemptions for Fire and Solid Waste assessments. An additional $10,442.00 transfer is needed from Reserve for Operations to Other Current Charges and Obligations. Funds are available in Reserve for Operations.
Budget Transfer - General Fund, Department of Economic Development and Tourism, in the amount of $100,000.00. Transfer $100,000.00 from Special Reserve to Aids to Government Agencies. Funds needed for Lake-Sumter Community College for the Small Business Assistance Agreement. The Agreement was approved November 8, 2002, and states that $100,000.00 be paid within 30 days of signing the agreement; $100,000.00 on or before July 1, 2003; $75,000.00 on or before July 1, 2004; and $75,000.00 on or before July 1, 2005. The initial $100,000.00 has been paid and funds are needed for the second $100,000.00 payment. Funds are available in Special Reserve.
Resolution No. 2003-89, amending the County Library System Fund, in order to receive unanticipated revenue for Fiscal Year 2002/2003, in the amount of $24,407.00, deposited into Cooper Memorial Library; and provide appropriations for the disbursement for Office Supplies ($980.00) and Machinery and Equipment ($23,427.00).
Resolution No. 2003-90, amending the County Library System Fund, in order to receive unanticipated revenue for Fiscal Year 2002/2003, in the amount of $7,500.00, deposited into Summer Library Reading; and provide appropriations for the disbursement for Contractual Services ($1,000.00), Promotional Items ($6,000.00), and Office Supplies ($500.00).
Budget and Administrative Services - Procurement Services
Request from Budget and Administrative Services - Procurement Services for approval of the following:
Recommendation to waive the formal sealed bid process and award a non-competitive contract to Flint Trading, Inc., Thomasville, NC, for $45,253.02, to purchase Retroflectivity Measurement Instruments.
Approval and authorization to extend Contract No. 01-016 to Nabors, Giblin & Nickerson, P.A., for an additional six months, to complete the impact fee studies.
Approval and authorization to award RFP No. 03-041, encumber funds, and authorize contract, subject to County Attorney approval, to Professional Engineering Consultants, Inc., for Lake Eustis and Silver Lake Basin Stormwater Engineering Services, in the amount of $184,931.54, with the option to negotiate future work elements.
Economic Development and Tourism
Request for approval of Modification Agreement to EDTF No. 99-035A (98-01319), on behalf of Handex Environmental, Inc., which reinstates the grant with the Office of Tourism, Trade and Economic Development (OTTED), in the amount of $151,750.00; and execution of all related documents.
Request for approval to execute the Fiber Optic Utility Contract with the City of Leesburg Electric Department, for data transport, via fiber optic utility, between the County landfill site and the County Administration Building.
Request for approval and signature on Cable Franchise Renewal between Lake County and Galaxy Cable, Inc.
Request from Public Works for approval of the following:
Approval to award CR 44/Grand Island Shores Road (CR 6249) Intersection Project No. 2003-09, Bid No. 03-088, to Professional Dirt Service; and to encumber and expend funds, in the amount of $123,868.00, to be funded by the Florida Department of Transportation, through a Local Agency Program Agreement - Commission District 4.
Approval to accept the following:
Huff, Michael O.
Drive No. One
Griffwood Co-op, Inc.
Carter, Daryl M. (Trustee)
S. Hancock Road
Non-Exclusive Easement Deed
Carter, Daryl M.
S. Hancock Road
Statutory Quitclaim Deeds
Sayres, Paul G. and Imogene P.
Big Foot Way/Jewell Drive
Markley, Henry L.
Dal-Don Produce, Inc.
Sorrento Hills, Inc.
Central Florida Golf Prop., L.L.C.
Eckman, John D. and Stephen B.
Turkey Lake Road
Statutory Warranty Deeds
Marvin, David L. and Linda F.
Luna, Maria Victoria
N. Buckhill Road
Carter, Daryl M. (Trustee)
S. Hancock Road
Hirani, Ajit and Frye, Charlotte
Temporary Non-Exclusive Construction Easement Deed & Perpetual Grading Easement
Shamrock, Keith J. and Patricia B.
CR 44A/Grand Island Shores Road
Carter, Daryl M. (Trustee)
S. Hancock Road
Temporary Non-Exclusive Easement Deed
Matacia, Charlotte D.
Approval to award South Tav-Lee Trail Construction Project No. 2003-07, Bid No. 03-089, to Professional Dirt Service; and to encumber and expend funds, in the amount of $57,800.00, to be funded by the Florida Department of Transportation, through a Local Agency Program Agreement - Commission District 3.
Approval and authorization to accept the final plat for Sleepy Hollow Country Estates. Subdivision consists of six lots - Commission District 3.
Approval of Resolution No. 2003-91, supporting the City of Leesburg’s application for a Florida Communities Trust Florida Forever Grant.
Approval and authorization to execute Change Order No. 3 to Countywide Resurfacing Project No. 2003-01, in the amount of $5,682.88, for changing the type of guardrail and anchors on CR 561, due to environmental constraints; and approval of budget transfer, in the amount of $5,682.88, from Transportation Trust Fund - Reserve for Operations to Transportation Trust Fund - Road Repair and Maintenance.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget and Administrative Services - Budget
Request for approval and signature on Cognos Budget Software Maintenance Agreement.
Budget and Administrative Services - Risk Management
Request for approval of Workers’ Compensation settlement; and authorization for Chairman to execute appropriate document(s), subject to County Attorney approval, for Dante Cruz.
Request for approval of Addendum to Lease Agreement with Comcast Communications; and authorization for Chairman to execute Agreement.
PRESENTATIONS - PERSONAL APPEARANCES
The Chairman presented Employee Awards, as follows:
Award to Employees with Five Years of Service to the County
David E. Berger, Equipment Operator III, Public Works/Road Operations/Maintenance Area III
Christine W. Carroll, Probation Clerk, Community Services/Probation
Melanie A. Marsh, Assistant County Attorney II, County Attorney’s Office
Vera B. Collins, Office Associate II, Community Services/Agricultural Education Services
Award to Employees with Fifteen Years of Service to the County
Vicki I. Runninger, G.I.S. Analyst, Growth Management/G.I.S.
Kenneth K. Knight, Jr., Contracts Specialist, Public Works/Special Services/Facility Maintenance - Custodial (Not Present)
Richard “Rick” Hartenstein, Jr., Planner, Growth Management/Planning and Development/Current Planning
Donnie L. Prevatt, Energy Maintenance Technician, Public Works/Special Services/Facility Maintenance/Energy Management
Award to Employee with Twenty Years of Service to the County
William F. Hechler, Plans Examiner, Growth Management/Building Services/Main Office
Award to Employee with Thirty-Five Years of Service to the County
John “Buz” E. Doyle, Mower Operator, Public Works/Road Operations/Maintenance Area II
PRESENTATIONS - BOARD/COMMITTEE CERTIFICATES AND PLAQUES
The Chairman presented Board/Committee Certificates and Plaques, as follows:
Plaque - Board of Building Examiners
John Patterson - for service from 1997-2003
Plaque - Citizens Commission for Children
Carol Lenahan - for services from 1995-2003
Plaque - Library Advisory Board
James E. Page - for service from 1994-2003
Certificate - Board of Adjustments
R. J. (Bob) Fegers - for service from 2000-2003
Certificates - Citizens’ Commission for Children
Linda Gail James - for service from 2001-2003 (Not Present)
Anthony Knight - for service from 2001-2003 (Not Present)
Certificate - Code Enforcement Board
Steve Rothschild - for service from 2000-2003 (Not Present)
Certificate - County-Wide Solid Waste Study Committee
Gerard Nadeau - for service from 2000-2003 (Not Present)
Certificates - Environmental Protection Advisory Board
Steve Adams - for service from 2001-2003
Chester McGee - for service from 2000-2003
Mark Slaby - for service from 2001-2003 (Not Present)
Certificates - Historical Museum Advisory Committee
Robert Cook - for service from 2000-2003
The Reverend Dr. Franklin J. Klohn - for service from 2000-2003 (Not Present)
Certificates - Library Advisory Board
Rhonda Gerber - for service from 2002-2003 (Not Present)
Lois Lamont - for service from 2001-2003 (Not Present)
Certificates - Parks and Recreation Advisory Board
Gerald A. Smith - for service from 2000-2002 (Not Present)
REPORT ON EAST-CENTRAL FLORIDA WATER SUPPLY PLANNING
Mr. Kirby Green, Executive Director, St. Johns River Water Management District (SJRWMD), addressed the Board and distributed a folder, containing various maps and information regarding the East-Central Florida Water Supply Planning Initiative, for their perusal. He updated them, as to what occurred during Phase I of the Initiative, and stated that they will be kicking off Phase II during the next 30 days, at which time they will be holding a series of meetings that will be subregional in nature. He stated that approximately 18 months ago the East-Central Florida Water Supply Planning Initiative was started, with a series of meetings - three regional, 15 sub-regional, and over 50 one-on-one meetings with elected officials in the area, to talk about the issues that they feel they will be facing in the next 10 to 15 years, in terms of water supply and things that they feel they need to do to move them ahead, so that they will be able to meet the water supply needs of the area, as they come on line. He stated that, during the first phase of the process, they developed a series of what they feel are common points between each one of the communities that they feel could be worked on together, to achieve their goal of being able to provide the water that the citizens need. He stated that they developed six (6) key water supply issue areas, 17 recommendations, and 32 strategies, to move them through that process.
The six key water supply issue areas Mr. Green alluded to, as well as the recommendations for same, are as follows:
(1) Issue area: Develop new water supply
Objective: Maximize the development of groundwater for reasonable-beneficial uses and develop alternative water sources to meet the needs of future reasonable-beneficial users by the time the needs occur, in a manner that ensures that the uses will not result in unacceptable adverse impacts to water resources and related natural systems.
Recommendations: Identify specific alternative water supply projects
Seek alternative funding to equitably distribute costs
Provide incentives for alternative water supply projects
(2) Issue area: Use of reclaimed water
Objective: Optimize the use of reclaimed water for the purpose of increasing the amount of water available for reasonable-beneficial use to the extent economically, environmentally, and technically feasible.
Recommendations: Develop areawide reuse plans
Provide incentives for development and implementation of
areawide reuse plans
Seek additional funding to equitably distribute costs
(3) Issue area: Enhance aquifer recharge using reclaimed water
Objective: As part of an overall reuse strategy, recharging the aquifer through surface application of reclaimed water, especially in high recharge areas, during wet periods, when the opportunities for more direct reuse are decreased, should be given priority consideration and should be undertaken to the extent that is economically, environmentally, and technically feasible.
Recommendations: Coordinate regulatory policies and programs
Seek areawide support for studying recharge opportunities
Provide education on enhanced recharge, as part of the overall reuse strategy
(4) Issue area: Increase water conservation
Objective: Conserve potable and reclaimed water to the extent economically, environmentally, and technically feasible, as a means of reducing water demands, thus maximizing the amount of water available for reasonable-beneficial uses.
Recommendations: Implement water conservation practices
Adopt landscape ordinances
Coordinate water conservation programs
Determine conservation effectiveness and perform cost-effectiveness analysis for conservation programs and practices
(5) Issue area: Link land use and water supply planning
Objective: Improve the linkages between water and land planning, in order to effectively address future water supply planning needs in east-central Florida.
Recommendations: Develop recommended approaches
Coordinate planning schedules
(6) Issue area: Enhance intergovernmental coordination
Objective: Improved intergovernmental coordination on water supply planning in east-central Florida, which is critical to effectively managing regional water resources.
Recommendations: Continue regional and subregional forums
Build on existing association forums
The conclusions for the east-central Florida area, as determined at the East-Central Florida Water Supply Planning Initiative, are as follows:
• Public supply demands are expected to almost double by 2020.
• Floridan aquifer can likely meet most, but not all of these needs, without causing unacceptable impacts to lakes, wetlands, spring flows and water quality.
• Based on consumptive use permit applications, some new sources will likely be needed well before 2020.
Mr. Green stated that the first thing they wanted to do was to start showing some progress, noting that they have been studying the issue for a long time and have been having talks about what they want to do and how they should go about doing it. He stated that, what came out of the end of the Phase I analysis is that they need to start doing some projects - they need to develop a projects list that local governments can agree with and move towards the implementation of some of them, so that they can show some progress in meeting those needs. He stated that, with regard to Phase II, they hope to develop in three areas more projects that local governments can sign on to and that they can move forward with and start construction on, so that they can see some benefits there, in terms of new water supply alternative sources, reuse water usage, and enhancement of aquifer recharge, with reclaimed water. He stated that these are the three areas that they are going to focus on in Phase II , as they start to develop the list, which they hope to have completed by October, or early November. He stated that it is scheduled to go before his Board for approval, in November, or as late as December. He stated that they will then modify their water supply planning document, which is the document that they use to identify projects that are available for funding from the SJRWMD and at the State level, so that they can start working on getting some funding and start getting those projects in the ground. He stated that, in Phase II, as very aggressively as possible, they hope to identify ten to twelve projects that they can move forward with, get them on their water supply planning document, and move towards the implementation of them. He then answered questions from the Board regarding the issue.
Commr. Pool mentioned the fact that the County is in the process of changing out the faucets in the lavatories of the various county buildings, in order to save water, at which time he noted that, at the present time, the maximum allowable flow from a lavatory sink is approximately 2.5 gallons per minute. He stated that he felt one gallon was actually adequate and that, in a partnership with the Water Authority, the County and the cities could change out some of the older style lavatory aerators to one gallon per minute and save a lot of water. He suggested that the Water Authority consider doing that, in partnership with the cities and the County.
Mr. Green stated that the SJRWMD has a program where they set aside $1 million per year for projects that are innovative and conserve water and that he felt the project Commr. Pool suggested would be very competitive in that process, therefore, encouraged the County to submit an application for said funding.
It was noted that the SJRWMD is in the process of forming a Model Landscape Ordinance Ad hoc Committee that will develop model landscape ordinance language that will become a valuable technical reference to local governments in achieving water conservation objectives in the most implementable and technically feasible ways available, and that Commr. Hanson has been asked to serve on said committee.
ENVIRONMENTAL SERVICES - RECOMMENDATION TO WAIVE
REQUIREMENTS FOR FORMAL COMPETITION AND AWARD NON-
COMPETITIVE CONSULTING CONTRACT TO MALCOLM PIRNIE REGARDING
Commr. Hanson stated that she asked that this request be pulled from the County Manager’s Consent Agenda, because she felt it needed more than just the Consent Agenda approval and asked that the County Manager elaborate on the matter.
Mr. Bill Neron, County Manager, stated that Malcolm Pirnie is the County’s consultant engineer under a regular contract, to monitor the operations of Covanta on a daily basis and prepare an annual report. He stated that, in some of the negotiations that the County has had ongoing with Covanta, he has needed their assistance and this request was to cover the cost of said assistance.
Commr. Hill stated that, on March 11, 2003, the Board approved a request for approval and authorization to execute amendments to said contract and questioned whether it was to expand this contract, or whether it was a new contract.
It was noted that this request is an extension of that contract; therefore, the Board would be waiving the non-competitive bid process.
Commr. Hill stated that it seemed to be an open-ended contract, which is expected to exceed $25,000, and that, after the contract is completed, they will come back with the total cost. She stated that she has a real problem with open-ended contracts, where she does not know what the actual cost is going to be, the work that is going to be reviewed, and the rates that are going to be deferred.
Mr. Neron interjected that the rates are the normal rates, under the master agreement, however, noted that it will be open-ended, from the aspect of the negotiations.
Commr. Hill stated that she would rather have a $25,000 cap and have them come back for approval of any additional costs. She stated that she has a problem with approving a contract that she has not seen or read.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 4-1 vote, the Board approved a request from Environmental Services for approval of a recommendation to waive the requirements for formal competition and award a non-competitive consulting contract to Malcolm Pirnie, to provide an economic analysis for the waste-to-energy plant, with a cap of $25,000 to be put on the contract, and, if it is going to be exceeded, the County Manager will come back to the Board for additional authorization.
Commr. Hill voted “No”.
PUBLIC SAFETY- GRANT APPLICATION FOR FUNDS TO REVISE LAKE
COUNTY LOCAL MITIGATION STRATEGY AND APPROVAL TO HIRE
Commr. Hill stated that she asked that this request be pulled from the County Manager’s Consent Agenda, for discussion, because the County is requiring a consultant, at which time she questioned staff regarding the request.
Mr. Steve Nash, Public Safety Director, addressed the Board stating that, in the year 2000, a Disaster Mitigation Act was passed, establishing new criteria under which the County must fulfill demands such as thresholds, in a disaster, before it can be reimbursed by FEMA (Federal Emergency Management Administration); therefore, FEMA and the Federal Government have funded it in Florida. He stated that all the counties in Florida must put together grant applications, to be submitted by June 13, 2003, which will be funded at 75%/25%. He stated that what the County planned to do in its grant application is $2,000 worth of cash and $3,000 worth of in-kind service in administrative support. He stated that it is not something that can be done in-house, because the County does not have the staff expertise to do it at this time.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried, by a 3-2 vote, the Board approved a request from Public Safety for approval and signature on a Grant Application, for funds to revise the Lake County Local Mitigation Strategy; and approval to hire a consultant to perform the required services.
Commrs. Hill and Stivender voted “No”.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
BUDGET AND ADMINISTRATIVE SERVICES - PROCUREMENT SERVICES
REQUEST FOR PROPOSAL FOR PHASE A TRAIL DESIGN AND ENGINEERING
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for authorization to award a Request for Proposal to Transportation Engineering, Inc., for Phase A of the design for the trail, from the Hancock Road area east to the West Orange Trail. He stated that the $250,000 is a Department of Transportation Grant that the County is certified to manage for the State. He stated that Phase B includes $182,000, which the County is authorized to use out of parimutuel monies, if Phase A does not work out.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and authorization to award RFP 03-048; encumber funds; and authorize a contract, subject to County Attorney approval, to Transportation Engineering, Inc., for Phase A (total trail design and engineering services), in the amount of $250,000.00, with an option to award Phase B at a later date.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Charles Crane, a resident of Clermont, addressed the Board stating that he and his wife live in a retirement community. He stated that his wife recently became disabled and is confined to a wheelchair; however, she is unable to maneuver around their home, because of the narrow width of the doors in their home. He stated that she has a hard time utilizing the kitchen appliances and bathroom facilities, as well. He asked that, in the future, the Board consider requiring homes that are built for senior citizens, or for people that are 55 and over, be built handicapped ready, so that people like him and his wife can continue to live in their homes after they have become disabled.
Mr. Crane invited the Commissioners to attend the next meeting of the Citizens’ Commission for Children, of which he is a member, which is scheduled to meet June 18, 2003, at 9:00 a.m., so that they can see some of the things that the Commission is involved in and how they are solving some of their problems.
Mr. Crane was informed that the Elder Affairs Coordinating Council has discussed the possibility of widening the doors on all construction - for the handicapped and the elderly. She stated that it is something she would like to see the County look into, however, noted that she did not know what the ramifications would be.
Mr. Sandy Minkoff, County Attorney, interjected that, since the adoption of the statewide Florida Building Code, the County is very limited in the changes that can be made to the minimum standards of the Building Code, so it may be more of a statewide issue, than a local one.
Commr. Hanson stated that it may be something that the County can look at taking an initiative on, at the State level, with the support of the homebuilders.
ADDENDUM NO. 1
COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)
GRANT TO FLORIDA COMMUNITIES TRUST REGARDING PEAR CENTER
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board stating that they had before them the recommendation regarding this request. He stated that the grant application is about 90% complete and is due to the State on Tuesday, June 10, 2003, thus, the reason it is on the Agenda for approval. He stated that one of the elements of the application is the conceptual plan for the 50 acres fronting U.S. 27. He stated that the actual parcels are located inside the city limits of the City of Leesburg, so, obviously the City does not want to de-annex it. He stated that they have been very cooperative in proposing changes to their Comprehensive Plan, in order to improve the County’s chances for approval. He stated that, although the application is not complete, staff believes it is competitive and, depending on the competition statewide, they hope to obtain the grant. He reminded the Board that, when this issue was addressed on April 8, 2003, there was discussion regarding a source of funding and whether it would be through sales tax or parimutuel funding.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a grant request to the Florida Communities Trust, to obtain matching funds for the acquisition of a parcel, consisting of approximately 50 acres, adjoining the Palatlakaha Environmental and Agricultural Reserve (PEAR) Center fronting Hwy. 27.
REPORTS - COUNTY MANAGER
UPDATE ON WEKIVA BASIN ISSUE
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, informed the Board that they had asked that he give them an update on the Wekiva Basin issue at the last Board Meeting and that he had attempted to contact Secretary Castill and had received an email back from her stating that she would be contacting him this date; therefore, he would be sending them a memorandum, providing them with said update, by the end of the day.
APPOINTMENTS TO CULTURAL AFFAIRS COUNCIL
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Cultural Affairs Council, as follows:
Seat No. 1
Ms. Sydra Nightingale
Seat No. 2
Ms. Linda Gail James
Seat No. 3
Mr. Thomas Kelly
REPORTS - COUNTY ATTORNEY
CLOSED SESSION REGARDING COVANTA BANKRUPTCY CASE
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to hold a Closed Session at the Board Meeting scheduled for June 24, 2003, at 11:30 a.m., to discuss the Covanta bankruptcy case.
REPORTS - COUNTY MANAGER
STATE DEPARTMENT OF REVENUE’S TAX AMNESTY PROGRAM
Mr. Bill Neron, County Manager, informed the Board that, on Friday, May 30, 2003, he was made aware of the fact that the State authorized the Department of Revenue to create a Tax Amnesty Program on certain state and locally collected taxes. He stated that the County had to notify the State by Monday, June 2, 2003, whether or not it wanted to participate in the program, subject to Board approval; therefore, he notified them that the County did want to participate, so that it would not lose the option. However, in discussing the matter with Mr. Bob McKee, Lake County Tax Collector, he discovered that the only local program that would be eligible for it would be the Tourist Development tax, which the Tax Collector collects, on behalf of the Board. He stated that it would be the Board’s option, as to whether or not they want to participate in the program, noting that he could notify the State either way.
Commr. Cadwell interjected that he had spoken to Mr. McKee about the matter, as well, and that Mr. McKee feels the process that is currently being used to collect the tourist tax will not have any adverse affect on the County’s citizens or businesses; therefore, he does not see a need to do it.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved not to participate in the State Department of Revenue’s Tax Amnesty Program.
REPORTS - COMMISSIONER HILL - DISTRICT 1
AGRICULTURAL LANDS PRACTICE ACT NO. 1660
Commr. Hill informed the Board that she received a request from the Farm Bureau to add this item to the Agenda, for discussion and action. She stated that Agricultural Lands Practice Act 1660 was passed by the Legislature this year, which prohibits counties from regulating activities of bona fide farming operations on land that is classified as agricultural, if those activities are already regulated by the State or Federal Government, or by a Water Management District. She stated that the Bill does not impede the County’s ability to regulate activities within well field protection zones, or for activities associated with the transportation and land application of sludge. She stated that she thought it was a very good Bill for the entire State of Florida, however, noted that the Florida Association of Counties does not support it. She stated that she feels the County has adequate State and Federal Government regulations and the Water Management District regulates them, as well; therefore, she does not feel they need another layer of bureaucracy added on. She recommended that the Board send a letter to Tallahassee in support of the Bill.
A motion was made by Commr. Hill and seconded by Commr. Stivender that the Board send a letter to the Legislature, in support of Agricultural Lands Practice Act No. 1660, passed by the Legislature this year, which prohibits counties from regulating activities of bona fide farming operations on land that is classified as agricultural, if those activities are already regulated by the State or Federal government, or by a water management district.
Commr. Hanson stated that she would like to hear the objections to the request, at which time Commr. Cadwell stated that he and the Florida Association of Counties would hope the Board would ask the Governor to veto the Bill, as opposed to signing it. He stated that it eliminates the County’s authority, in that, if they wanted to have more stringent rules in a particular area, it would limit their ability to do so. He stated that, while the Board has always been sensitive to the County’s agricultural community, he feels the Bill undermines their home rule authority, giving it up to the State. He stated that the County does not over-regulate its agricultural community, but, if there were areas that the Board felt needed to be protected, they would not have the authority to do it, under this Bill. He stated that the Florida Association of Counties had requested the Board to send a letter to Tallahassee asking that they veto the Bill, however, noted that he had not agendized it, because he did not want to put the Board in a position between what is philosophically good for counties and their sympathy to the local farmers.
Commr. Hill stated that she understood the Florida Association of Counties was not in favor of the Bill, but she had received a request that the Board support it, thus, her reason for bringing it to their attention. She noted that she did not have a problem supporting it.
Commr. Hanson stated that it looks like the Bill specifically addresses the issue of sludge and questioned whether that was correct.
Mr. Sandy Minkoff, County Attorney, stated that the main thrust of the Bill is in Paragraph 4, on Page 3, which states, “...a county may not exercise any of its powers to adopt any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land, if such activity is regulated through implemented best management practices, interim measures, or regulations developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district; or, if such activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency.”
Commr. Pool stated that he tried to consider both sides of this issue; however, he feels that, if the Department of Environmental Protection, the Lake County Water Authority, and the State of Florida has best management practices, the County does not need to come up with new or different regulations, noting that he would like to see it less restrictive for the farmers. He stated that he understood Commr. Cadwell’s home rule concept, however, noted that there are rules and regulations that govern what farmers and the agricultural community leaders can do. He stated that he would like to see the current regulations remain in place, allowing farmers to continue to farm, without any additional restrictions.
Commr. Hanson stated that the Board talks about wanting to protect agriculture, yet she feels that the County will not see any new hog farms, or chicken farms, or those things that provide sustenance and make the County a sustainable community. She stated that these are issues that she recognizes; however, she also recognizes the fact that sludge is going to be a continuing problem and one that is going to be more and more difficult to find areas for application, as the County becomes more and more urbanized, which limits the County’s ability to recycle, noting that it is a very important part of recycling.
It was noted that the Bill does not impede the County’s ability to regulate activities within well field protection zones, or activities associated with the transportation and land application of sludge.
The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Cadwell and Hanson voted “No”.
REPORTS - COMMISSIONER POOL - DISTRICT 2
ORDINANCE REGARDING PEDDLERS
Commr. Pool informed the Board that it seems like the County has become a peddlers’ paradise and that he feels they need to try to eliminate or minimize their opportunity to come into the County, in that they interfere with those people who pay taxes and salaries, who are in competition with said peddlers. He noted that it has nothing to do with legal activities of a farmer selling his produce alongside the road, if he owns the land, noting that that is not an issue.
Mr. Sandy Minkoff, County Attorney, stated that his staff, along with the Growth Management staff, is working on an ordinance, to be brought before the Board for approval to advertise within the next few weeks, which will eliminate temporary permits, so those individuals will have to obtain a site plan, in order to conduct said activities.
REPORTS - COMMISSIONER POOL - DISTRICT 2
BENCHES CONTAINING ADVERTISEMENTS ALONG ROADWAYS
Commr. Pool informed the Board that people have been complaining to him about the benches that school children use, while waiting for the school buses, that are located on rights-of-ways, along public corridors, etc., usually in front of nice communities, containing advertisements, and questioned what can be done about them.
It was noted that the Board approved the little school bus stop houses that are located along the roadways, which carry advertisements, but, they have not approved the benches; therefore, the matter will be looked into.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
RESOLUTION DECLARING MONTH OF JUNE AS SAFETY MONTH
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2003-92, declaring the month of June as Safety Month in Lake County.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:15 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK