A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JUNE 10, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, June 10, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; and Robert A. Pool. Commissioners not present: Jennifer Hill. Others present were: Gregg Welstead, Deputy County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell announced that Commr. Hill is not present because her son is having knee surgery.
Commr. Cadwell announced that there is an addendum to the agenda. He stated that a voting delegate should be appointed to the National Association of Counties’ 2003 Annual Conference.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved to place said item on the agenda.
Commr. Cadwell announced that he will update the Board on the Law Library meeting that was held earlier in the day.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of May 12, 2003 (Joint Meeting BCC-City of Clermont), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 6, for the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New and Cancellations, as follows:
5968-03 Robert Goodridge d.b.a. Bob’s Landscaping & Tree Service
6080-03 Walsh Air Conditioning & Heating, Inc.
6081-03 Bruce S. Karp d.b.a. Rainflow Irrigation & Landscape
6082-03 Jovino Javier Gonzalez d.b.a. J. D. S. Electric Inc.
6083-03 Robert E. Brown d.b.a. Brown’s Arctic Air
6084-03 Larry Spurlock (Roofing)
6085-03 Phil Buchner Inc.
6086-03 Robert Serpa, Jr. d.b.a. Absolute Electric of Central FL, Inc.
6087-03 Joseph Rudd d.b.a. Cool Rite, Inc.
6088-03 Kevin M. Labadie d.b.a. Labadie Electric
6089-03 Dan Tennis
5618-03 Name change to D A C Construction, Inc.
5739-03 Address amendment for Electrical Design Consulting & Contracting
6088-03 Change Principal to Kevin M. Labadie of Labadie Electric, 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.
Florida Public Service Commission
Request to acknowledge receipt - Before the Florida Public Service Commission, In Re: Application for amendment of Certificate No. 441-W to extend water service area for 48 Estates System in Lake County by AquaSource Utility, Inc., Docket No. 021142-WU, Order No. PSC-03-0627-FOF-WU, Issued May 23, 2003 - Order Amending Certificates No. 441-W, Held By AquaSource Utility, Inc. To Include Additional Territory in Lake County, Declining to Initiate a Show Cause Proceeding, and Closing Docket.
External Audit - Seventh Amendment
Request for approval - Seventh Amendment to Agreement for External Audit between Lake County and Ernst & Young, LLP. This is a request to approve the above for the County’s annual audit for the years ended September 30, 2003 and September 30, 2004 by the County’s independent auditor, Ernst & Young, LLP. The audit includes the Board of County Commissioners and Constitutional Officers. Fiscal - Budgetary Impact: 2003/$155,500, 2004/$160,000.
Town of Lady Lake - Ordinance 2003-11
Request to acknowledge receipt - From the Town of Lady Lake Ordinance 2003-11 Creating a New Chapter Pertaining to the Economic Development Advisory Board; Establishing a Fifteen Member Economic Development Advisory Board; Providing for Terms of Office; Providing for Qualifications or Members; Establishing Duties for the Board; Providing an Effective Date. Passed and Ordained the 21st day of April, 2003, by the Town Commission of Lady Lake, Florida.
City of Tavares - Ordinances
Request to acknowledge receipt - Annexation Ordinances from the City of Tavares:
Ordinance 2003-01 - Five Properties referred to as SS-41, SS-42, SS-43, SS-44 and SS-45, which have been defined as enclaves and as further described in ordinance;
Ordinance 2003-07 - approximately 0.88 acres on the western side of David Walker Drive ½ block north of Dora Avenue and legally defined - Pasadena Park Replat and as further described in ordinance;
Ordinance 2003-11 - approximately 1.25 acres located on the east side of Anderson Drive approximately one block north of Alfred Street (Old Highway 441) and as further described in ordinance;
Ordinance 2003-14 - approximately 8.42 acres located on the East Side of State Road 19, approximately one block North of CR 448 and as further described in ordinance;
Ordinance 2003-18 - approximately 352 acres located on South Eichelberger Road, North of Little Lake Harris and as further described in ordinance;
Ordinance 2003-20 - approximately 32.80 acres located on the Southwest Corner of State Road 19 and Slim Haywood Road and as further described in ordinance;
Ordinance 2003-22 - approximately 13.8 acres located at 12201 Slim Haywood Road and as further described in ordinance.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender requested that Tabs 11 and 12 be pulled for comment.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 10, and Addendum No. 1, I. A., as follows:
Budget and Administrative Services - Budget
Request for approval of budget transfer - Greater Groves MSBU Fund, Department of Budget & Administrative Services, Assessments Division, in the amount of $6,200.00 is requested. Transfer $6,200.00 from Special Reserve to Contractual Services. The Board of Directors of the Greater Groves Homeowners' Association has submitted a request for additional funds from the Greater Groves MSBU reserve account for renovations to landscaping in the subdivision. A transfer of funds from Special Reserve is required to fund these renovations. Funds available in Special Reserve.
Request for approval of budget transfer - General Fund, Constitutional Offices/Sheriff, in the amount of $250,000.00 is requested. Transfer $250,000.00 from Law Enforcement - Personal Services to Law Enforcement Capital Outlay. Pursuant to F.S. 30.49, the Sheriff is requesting the transfer.
Request for approval of budget transfer - General Fund, Constitutional Offices/Sheriff, in the amount of $30,000.00 is requested. Transfer $30,000.00 from Contingency - Sheriff to Law Enforcement Capital Outlay. The Sheriff is requesting the transfer pursuant to F.S. 30.49.
Request for approval to amend the contract between the Board of County Commissioners and Dip-A-Dee Donuts, Inc. for additional storage space for the Lake County Sheriff’s Office to add one space now at $100.00 per month and an additional space for $100.00 per month when the space becomes available.
Economic Development and Tourism
Request for approval and signature on Memorandum of Understanding between Enterprise Florida and Lake County regarding marketing of Lake County, Florida.
Request for approval and authorization for Chairman to execute Resolution 2003-93 extending the term and membership of the Solid Waste Study Committee to June 30, 2005 and changing the name to Solid Waste Advisory Committee.
Request for approval and execution of a Satisfaction and Release of Fine for property owned by Daniel Walker.
Request for approval and execution of a Release of Fine for property owned by Carl and Nettie Mae Reed.
Request for approval and execution of a Satisfaction and Release of Fine for property owned by Joel and Connie A. Casimiro.
Request for approval and signature on Tentative Work Plan Budget for Arthropod Control FY 2003-2004 for Mosquito Management Operations.
Request for approval of the Florida Commission for the Transportation Disadvantaged Trust Fund Acknowledgment Form and the Authorizing Resolution 2003-94 for Fiscal Year 2003/2004.
Request for approval of Florida Commission for the Transportation Disadvantaged Planning Grant Authorizing Resolution 2003-95 for Fiscal Year 2003/2004.
COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)
PUBLIC WORKS - TRAFFIC SIGNAL MAINTENANCE AGREEMENT
Commr. Stivender stated that she greatly appreciates the cooperation of, and the work by, Lake County’s staff regarding the traffic signal which will be located at the intersection of U.S. Highway 27 and Plantation Boulevard. She mentioned that, per the Agreement, The Plantation will pay for the maintenance of the traffic signal.
On a motion by Commr. Stivender, seconded by Commr. Hanson and approved unanimously, by a 4-0 vote, the Board approved the execution of an Agreement between the Lake County Board of County Commissioners and The Plantation at Leesburg Homeowners Association, Inc. regarding Traffic Signal Maintenance on the traffic signal which will be located at the intersection of U.S. Highway 27 and Plantation Boulevard.
PUBLIC WORKS - RECREATION AND PARKS MONTH PROCLAMATION
Commr. Stivender stated that she wanted to recognize the Parks and Recreation Advisory Board, which met all day June 9, 2003, working on grants and the upcoming Master Park Plan, during Recreation and Parks Month July 2003.
A motion was made by Commr. Stivender and seconded by Commr. Hanson for approval of Proclamation 2003-96 proclaiming July 2003 as Recreation and Parks Month.
Under discussion, Commr. Cadwell inquired about the timeline for the Master Park Plan.
Commr. Stivender stated that the consultant has met with the Parks and Recreation Advisory Board and met with B/PAC (Bicycle/Pedestrian Advisory Committee) representatives yesterday. She commented that, after public hearings in July, August and September, the Master Park Plan should be coming back to the Board this fall.
The Chairman called for a vote on the motion which carried unanimously, by a 4-0 vote.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Tim Hoban, an attorney representing Carl Ludecke, Realtor, addressed the Board regarding the procedure for scheduling adoption hearings for Comprehensive Plan Amendments. He requested that the Board direct staff that any Comprehensive Plan Amendment application that is ready for adoption by the Board on June 24, 2003, be placed on the agenda. He stated that any application that is not ready June 24 should be included in the following adoption cycle.
Commr. Hanson remarked that Mr. Hoban’s recommendation is appropriate.
In response to an inquiry by Commr. Stivender regarding approving applications June 24 that are ready, Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, stated that the Board, on May 27, 2003, delayed two applications by continuing the hearings because of the Board’s actions with the City of Clermont’s Joint Planning Agreement. The two delayed applications will be part of the second adoption cycle for November 2003.
Mr. Sandy Minkoff, County Attorney, pointed out that the Board is allowed, by state statute, to schedule two adoption cycles per year. He commented that it has been fairly common for the Board to change adoption dates in the past, sometimes depending upon information that is requested from the DCA (Department of Community Affairs).
Discussion ensued regarding transmittal hearings, adoption hearings, applications that have been postponed in the Clermont area, and the expected completion date for the Joint Planning Agreement with the City of Clermont.
Mr. Hoban remarked that his client’s application is ready and the adoption schedule should be followed, regardless of who the applicant is, and the Board should not play favorites. He stated that, if the Board gives direction today, according to Mary Williams, Public Hearing Coordinator, Growth Management Department, there will be sufficient time to advertise the public hearing for June 24.
Commr. Cadwell pointed out that if the Board holds an adoption hearing on June 24, the applications that relate to areas in Clermont must be held until the November adoption cycle.
Mr. Minkoff reiterated that, legally, the Comprehensive Plan can be amended only two times per year.
In response to an inquiry by Commr. Hanson regarding the number of applications that are pending for the November adoption cycle, Mr. Welstead stated that there may be other cases in the system that will be ready for that cycle. He remarked that the adoption hearing that is currently scheduled for November could be held sooner than that if the Board chooses to change the schedule.
In response to an inquiry by Commr. Cadwell, Mr. Minkoff clarified that, by advertising the public hearing, any objections to the adoption of Mr. Hoban’s application could be heard at the public hearing on June 24. He further clarified that if the pending application is not adopted by the Board on June 24, an amendment would not be sent to DCA and two amendments to the Comprehensive Plan could still be made this year.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved placing on the agenda the request for staff to advertise a public hearing for June 24, 2003, for consideration of the adoption of an application for an Amendment to Lake County’s Comprehensive Plan.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board gave approval for staff to advertise a public hearing for June 24, 2003, for consideration of the adoption of an application for an Amendment to Lake County’s Comprehensive Plan.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC WORKS - AMENDMENT TO INTERLOCAL AGREEMENT FOR
IMPROVEMENTS TO OAKLEY SEAVER BOULEVARD
Mr. Fred Schneider, P.E., Engineering Division Director, Public Works Department, requested approval of the First Amendment Revision of the Interlocal Agreement between Lake County and the City of Clermont for improvements to Oakley Seaver Boulevard to add trail design and construction of a multi-use trail from North Hancock Road west to the South Lake Hospital property, along the south side of Oakley Seaver Boulevard, subject to available funding. He stated that the total cost for the trail is $247,281.00 and total cost of the Interlocal Agreement for improvements to Oakley Seaver Boulevard, including this amendment, are $1,827,281.00.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the request for the First Amendment to Interlocal Agreement between Lake County and the City of Clermont for Improvements to Oakley Seaver Boulevard, subject to available funding of $247,281.00.
APPOINTMENT - LIBRARY ADVISORY BOARD
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board appointed Mr. Edward Dickinson as the Lady Lake Library representative on the Lake County Library Advisory Board.
REPORTS - COUNTY ATTORNEY
RELEASE OF LIEN FOR CODE ENFORCEMENT BOARD 2001-08-0181
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Release of Lien for Lake County Code Enforcement Board Lien 2001-08-0181, which was recorded in Official Record Book 2147, Pages 77-78, and Official Record Book 2180, Pages 863-64, Public Records of Lake County, Florida, for property owned by Larry and Amy Cooper.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
RESOLUTION - EUSTIS HIGH SCHOOL STATE BASEBALL CHAMPIONS
A motion was made by Commr. Stivender and seconded by Commr. Hanson to present a resolution, possibly at a Board meeting in July 2003, to the Eustis High School Panthers in recognition of winning their second Class 3A State Baseball Championship.
Commr. Hanson commented that Eustis High School is in her district, District 4.
The Chairman called for a vote on the motion which carried unanimously, by a 4-0 vote, for approval of Resolution 2003-97.
2003 NACIO AWARDS OF EXCELLENCE COMPETITION
Commr. Stivender recognized the Lake County award winners of the nationwide 2003 NACIO (National Association of County Information Officers) Awards of Excellence Competition. Lake County’s 2002 State of the County Team won a Meritorious Award for their preparation of Lake County’s 2002 Annual Report Calendar. She congratulated Ms. Kelly LaFollette and the Lake County Team.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
ST JOHNS RIVER ALLIANCE MEMORANDUM OF UNDERSTANDING
A motion was made by Commr. Hanson and seconded by Commr. Pool for approval and authorization for the Chairman to execute a St. Johns River Alliance Memorandum of Understanding (MOU) between the United States Environmental Protection Agency, State of Florida Department of Environmental Protection, St. Johns River Water Management District, East Central Florida Regional Planning Council, Northeast Florida Regional Planning Council, and Subscribing Local Governments.
Under discussion, Commr. Cadwell expressed his appreciation to Commr. Hanson for serving on the St. Johns River Restoration Working Group (Group).
Commr. Hanson stated that she enjoyed attending the three meetings of the Group. She stated that members of the Group had a sincere interest in the St. Johns River and she expects a successful outcome.
The Chairman called for a vote on the motion which carried unanimously, by a 4-0 vote.
PERFORMING ARTS OF LAKE AND SUMTER
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved and authorized the Chairman to execute a letter in support of the efforts of PALS (Performing Arts of Lake and Sumter) to secure funding from United Arts of Central Florida, Inc. for its “Showcase,” a component of the Lady of the Lakes Renaissance Faire.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN & DISTRICT #5
APPOINTMENT OF VOTING DELEGATE TO NACO
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board appointed Commr. Cadwell as Lake County’s voting delegate to the National Association of Counties’ ( NACo) 2003 Annual Conference and Exposition to be held July 11-15, 2003, in Milwaukee County, Wisconsin.
LAW LIBRARY UPDATE AND DISCUSSION
Commr. Cadwell reported that the Law Library Board met this morning, June 10. Under Article V of the Florida Constitution there is wording whereby the Clerk is required to provide books and forms in a law library but does not define the level of service. He commented that the Board of County Commissioners, over the next year, will have to consider how the Lake County Law Library, which is not part of the County’s library system, is funded. The current funding, using some dollars approved by the Board on documentary stamps, will not be allowed under Article V. Future funding would have to come from the General Fund unless other funding is found. The Law Library Board is looking at outside sources of funding, such as library impact fees, taking into consideration the number of citizen users versus attorney users and computer use as opposed to book use.
Mr. Sandy Minkoff, County Attorney, stated that the current Law Library budget is approximately $200,000 and funding ends June 30. If the Board is to fund the Law Library, it would have to be included in the upcoming budget even if the Law Library has some funds in reserves. Regarding a possible partnership with the Bar Association, Mr. Minkoff opined that the current majority of users are members of the public rather than lawyers.
In response to an inquiry by Commr. Hanson regarding a possible partnership with the community college, Commr. Cadwell stated that, over the years, there has been some opposition to that kind of partnership by some of the groups who use the Law Library.
By consensus, the Board directed Ms. Wendy Breeden, Director of Library Services, and the County’s Library Board to meet with Ms. Faye Osebold of the Law Library to have discussions regarding the Law Library’s usage statistics and other figures, whether the Law Library should be included in the County’s library system or within the community college and other information and options the Board should consider in making a decision regarding the use of general funds or other funding.
Commr. Cadwell reminded the Board that other court system programs, including the Teen Court program, will no longer be funded by the State.
Comm. Stivender remarked that one position at the Department of Juvenile Justice will no longer be funded by the State.
REPORTS - COMMISSIONER HANSON (CONTINUED)
BOARD OF COUNTY COMMISSIONERS’ MEETING SCHEDULE
Commr. Hanson commented that she spoke with Mr. Bill Neron, County Manager, and he concurred that the Board would go back to its previous schedule of holding general meetings on the first and third Tuesdays of the month and scheduling workshops on the second Tuesday, unless there are extenuating circumstances. Going back to that scheduling would avoid short meetings such as today’s.
SCHOOL IMPACT FEES
Commr. Hanson commented that she thinks the School Board should hire an outside auditor to perform an objective annual audit for the benefit of the public which would show monies taken in and expended that the Board of County Commissioners has the responsibility for raising, especially the impact fee monies.
Commr. Cadwell stated that Ms. Pam Saylor, Superintendent of Schools, offered at the last meeting of the Joint Committee for School Impact Solutions to bring back a process that would monitor what the School System is doing growth wise and money wise. He commented that how the impact fee dollars are spent is the business of the Board, but other dollars collected and spent by the School System are not.
Mr. Dennis Reid, School Board Member, confirmed that Superintendent Saylor is looking at coordinating such issues between the School Board and the Board of County Commissioners.
Commr. Stivender pointed out that money is given to the School System out of parks and recreation and all kinds of dollars that are never reported on to the Board of County Commissioners. She agreed that the Board needs to know exactly where the money is going that is given to the School System by the Board.
In response to an inquiry by Commr. Stivender regarding an audit by Mr. James Watkins, Clerk of Court, Mr. Sandy Minkoff, County Attorney, remarked that the Clerk could look at such things as contracts, like the after-school program. The impact fee ordinance authorizes the County to have an independent auditor examine it. He stated that the Clerk might consider performing an internal audit if requested by the Board to do so.
Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, stated that the School Board is audited by the Florida Auditor General every year.
Commr. Hanson reiterated that the Board has an obligation to assure the public that those impact fee dollars, which were set by the Board, are being used in the best means possible.
Commr. Cadwell stated that an audit might indicate whether money is being spent legally but perhaps Commr. Hanson would like to know if the money is being spent in a smart way. He recommended that staff bring forward a list of contributions that the County makes directly to the School System. He commented that the Board could look at that list and request information from the School System and evaluate whether the money is being spent well.
Commr. Hanson agreed with Commr. Cadwell that going a step beyond an audit might be appropriate, clarifying that she does not, in any way, question whether the dollars are being spent legally.
Commr. Stivender remarked that some of that information might be provided by Ms. Sarah LaMarche, Budget and Administrative Services Director, at the June 16, 2003, workshop.
REPORTS - COMMISSIONER CADWELL (CONTINUED)
Commr. Cadwell reminded the Board that the Tuesday, June 17, 2003, meeting has been cancelled, but the Board will meet Monday, June 16, 2003, at 9:00 a.m. at the Southside Community Building in Umatilla for a budget retreat.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:30 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK