A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 1, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, July 1, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: 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. Ruthann Padgett, Right of Way Agent, Public Works Engineering Department, who was retiring after 15 years with the County, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
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, as well as a Presentation, an item under Other Business, and an item under Reports. He stated that, under his Reports, Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, would be giving the Board an update on the draft Wekiva legislation that the County received from the Governor’s Office.
Ms. Melanie Marsh, Assistant County Attorney, informed the Board that the County Attorney’s Office would like to add to the Agenda a request for approval to hold a Closed Session, to discuss the Covanta issue.
MINUTES
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 20, 2003 (Regular Meeting), as presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of May 27, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 3, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 10, 2003 (Regular Meeting), as presented.
ADDENDUM NO. 1
PRESENTATION
POLLING PLACES
Ms. Emogene Stegall, Supervisor of Elections, addressed the Board stating that she was present to bring the Board up-to-date on a couple of new laws regarding the County’s polling places, being Section 101.715, Florida Statutes, Accessibility of Polling Places to the Elderly and Physically Handicapped, and a Federal law cited as the Help America Vote Act. She stated that said laws set new standards for polling places and requires all polling places in the State to be surveyed. She stated that Lake County has finished its survey and the County’s Purchasing Department has obtained bids for work that must be done, to bring the County into compliance. She stated that the Board’s backup material contained a copy of the lowest bid received for said work and a request for approval and payment, not to exceed $100,856.09.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from Ms. Emogene Stegall, Supervisor of Elections, for approval of cost to retrofit polling places in the County, pursuant to Chapter 2002-281, Section 17, of the Laws of Florida, that requires all polling places in the State to be surveyed for the purpose of determining accessibility under the standards adopted pursuant to Section 101.715, Florida Statutes, in an amount not to exceed $100,856.09, to bring the County’s polling places into compliance. The standards require that only those polling places complying with the Florida Americans with Disabilities Implementation Act, Sections 553.501 through 553.513, Florida Statutes, for all portions of the polling place or structure in which it is located that voters traverse going to and from the polling place and during the voting process, regardless of the age or function of the building, may be used for federal, state, and local elections.
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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 2003, in the amount of $162,779.01. Same period last year: $192,597.33.
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. Lake County has until September 1, 2003, to purchase property from Lands Available List, before it is available to the public.
Operational Audit of Lake County District School Board
Request to acknowledge receipt of Copy of Report No. 03-185, an Operational Audit of the Lake County District School Board, for the period of July 1, 2001 through June 30, 2002.
Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 2004
Request to acknowledge receipt of Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 2004.
Country Greens Community Development District Proposed Budget for Fiscal Year 2004
Request to acknowledge receipt of Country Greens Community Development District Proposed Budget for Fiscal Year 2004.
Meeting Notice and Agenda for Southwest Florida Water Management District
Governing Board
Request to acknowledge receipt of the Meeting Notice and Agenda for the Southwest Florida Water Management District Governing Board, to be held May 27 and 28, 2003, at the District Headquarters, 2379 Broad Street, Brooksville, Florida.
Deer Island Community Development District Proposed Budget for Fiscal Year 2004
Request to acknowledge receipt of Deer Island Community Development District Proposed Budget for Fiscal Year 2004. Transmitted in accordance with Chapter 190.008(2)(b), Florida Statues, for purposes of disclosure and information only. The District will schedule a public hearing at a later date for the adoption of same.
Ordinances from Town of Lady Lake
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinance No. 2003-07, adopting a fourth amendment to the Amended Development Order for the Tri-County Villages Development of Regional Impact. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 5th day of May, 2003.
Ordinance No. 2003-08, amending Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 5th day of May, 2003.
Ordinance No. 2003-09, redesignating zoning classification for property located within the Town of Lady Lake, Florida, from PFD (Public Facilities District) to CP (Planned Commercial). Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 5th day of May, 2003.
Ordinance No. 2003-10, amending Town Ordinance 92-06, which created the Village Center Community Development District. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 5th day of May, 2003.
Ordinance No. 2003-11, establishing a fifteen member Economic Development Advisory Board. Passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 21st day of April, 2003.
Ordinance No. 2003-12, amending the Town of Lady Lake Police Officers’ Retirement Fund, as adopted, pursuant to Ordinance No. 2002-18. Passed and adopted by the Town Commission for the Town of Lady Lake, Florida, the 19th day of May, 2003.
Ordinance No. 2003-14, from the Town of Lady Lake, relating to the provision of fire rescue services, facilities, and programs within that portion of Lady Lake located within The Villages and certain parcels in close proximity thereto; establishing a Special Assessment District. Enacted by the Town Commission for the Town of Lady Lake, Florida, the 27th day of May, 2003.
COUNTY MANAGER’S CONSENT AGENDA
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 Transfer - Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $64,000.00. Transfer $64,000.00 from Special Reserve to Machinery and Equipment. The Sheriff has requested funds to purchase a new Automated Fingerprint Identification System (AFIS) machine in Booking. This purchase would have been part of the 2003/2004 budget proposal. If the machine is purchased now, the cost is $64,000.00. After October, the cost will be $86,500.00. This purchase will allow the Sheriff’s Office to replace the older machine at the South Substation, so they will be 100% compliant with FDLE standards for automated fingerprints. Funds are available in Special Reserve.
Budget Transfer - County Library System Fund, Department of Community Services, Library Services Division, in the amount of $12,100.00. Transfer $12,100.00 from Special Reserve to Utilities - Paisley ($6,000.00), Utilities - Astor ($5,000.00), Utilities - Cooper Memorial ($500.00), and Repair and Maintenance - Cooper Memorial ($600.00). Additional funds are needed in Utilities for Paisley, Astor and Cooper Memorial Libraries to pay for electricity and water charges. Additional funds are needed in Repair and Maintenance for Cooper Memorial Library to pay for alarm system monitoring and fire alarm maintenance. Funds were included in Special Reserve to cover utilities and maintenance charges.
Budget Transfer - General Fund, Department of Public Safety, Emergency Management Division, in the amount of $26,550.00. Transfer $26,550.00 from Contractual Services ($25,550.00), Reprographics Charges ($500.00) and Books, Publications and Dues ($500.00) to Other Salaries and Wages. Additional funds are needed to cover personal services, due to the extension of the Government Continuity of Operations Developer Contract. This project is 100% grant funded. Funds are available in Contractual Services ($25,550.00), Reprographics Charges ($500.00), and Books, Publications and Dues ($500.00).
Budget Transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Closure/Post Closure Division, in the amount of $58,543.00. Transfer $58,543.00 from Contingency ($35,393.00) and Professional Services (Umatilla) ($23,150.00) to Post Closure (Umatilla) ($31,488.00), Post Closure (Lady Lake) ($2,100.00), Post Closure (Astatula) ($23,955.00), and Other Current Charges (Loghouse) ($1,000.00). Additional funds are needed to cover hydrogeological services, construction of groundwater monitoring wells, post closure costs, and an unanticipated closure permit. Actual costs submitted came after the budget was prepared and were higher than the estimate. Funds are available in Contingency. Funds for Umatilla were budgeted in Professional Services and should have been budgeted in Landfill Post Closure.
Budget Transfer - County Fire Control Fund, Department of Public Safety, Fire Rescue Division, in the amount of $45,000.00. Transfer $45,000.00 from Office Supplies to Repair and Maintenance. Unanticipated repairs to apparatus and equipment have depleted the Repair and Maintenance account. The additional funds requested should be sufficient for the remainder of the fiscal year. There are sufficient funds in Office Supplies to cover the request.
Budget Transfer - General Fund, Department of Budget and Administrative Services, Information Technology Division, in the amount of $25,000.00. Transfer $25,000.00 from Reserve for Contingency to Regular Salaries ($11,685.00), Operating Supplies ($10,315.00), and Machinery and Equipment ($3,000.00). An interfund transfer from the Tourist Development Tax Fund to the General Fund was made at mid-year to fund two part-time positions and the associated operating and capital costs for Internet applications development for Tourist Development. The transfer was made to the General Fund Reserve for Contingency, as a detailed plan was not available at that time. This transfer is to facilitate the detailed plan that has been developed. Funds were transferred to and are available in General Fund Reserve for Contingency for this purpose.
Budget Transfer - Renewal Sales Tax Capital Projects Fund, Department of Public Works, Capital Projects Division, in the amount of $80,000.00. Transfer $80,000.00 from Special Reserve to Machinery and Equipment. At the June 16, 2003 Financial Retreat, the Board of County Commissioners approved the Supervisor of Elections’ request for $80,000.00, to purchase 25 iVotronic voting terminals. The additional units are needed for the 2004 election cycle, due to growth and the long ballots that are used in a major election year. Funds are available in Special Reserve.
Budget Transfer - Sales Tax Capital Projects Fund, Department of Public Works, Capital Projects Division, in the amount of $28,000.00. Transfer $28,000.00 from Special Reserve to Buildings. At the June 16, 2003 Financial Retreat, the Board of County Commissioners approved the construction of a vehicle storage/maintenance facility in Eustis for the Sheriff’s Office. Funds are available in Special Reserve.
Budget Transfer - Section 8 (County) Fund, Department of Community Services, Housing Services and Community Development Division, in the amount of $60,000.00. Transfer $60,000.00 from Special Reserve to Housing Assistance Payments - County ($28,000.00) and Housing Assistance Payments - Leesburg ($32,000.00). Additional funds are required to fund housing assistance payments for the month of July, until additional funding from HUD is received. Funds are available in Special Reserve.
Budget Transfer - Landfill Enterprise Fund, Department of Environmental Services, WMFO Division, in the amount of $66,500.00. Transfer $44,000.00 from Contractual Services and $22,500.00 from Rentals and Leases to Repair and Maintenance - Landfill/Leachate ($45,945.00) and Repair and Maintenance - Transportation/Hauling ($20,555.00). Funds are needed to cover unanticipated repair expenses in Landfill/Leachate and Transportation/Hauling. Funds are available in Contractual Services, due to decreased reliance on temporary labor services. Also, tire processing is being charged to Waste Tire Grant. Funds for Rentals and Leases will not be utilized this fiscal year.
Budget Transfer - General Fund, Constitutional Officers/Sheriff, in the amount of $40,000.00. Transfer $40,000.00 from Law Enforcement Personal Services to Law Enforcement Capital Outlay. The Sheriff is requesting a transfer, pursuant to F.S. 30.49.
Budget Transfer (capital substitution) - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $186,700.00. Transfer $186,700.00 from Machinery and Equipment (two motor graders and three loaders) to Machinery and Equipment (gradall). Staff is opting not to purchase the two motor graders that are budgeted, due to the reduction in the miles of clay roads. It is desired to purchase a gradall, as currently one is shared among all three maintenance areas. This sharing of one machine causes great difficulty during the rainy season, as it causes a backlog of drainage complaints. Additionally, the gradall has been requested for five years; however, it was cut, due to budgetary constraints. It is requested that $110,000.00 of the funds allocated for the graders be applied to the purchase of the gradall. It is also requested that $76,700.00 of the funds allocated for the purchase of loaders be reallocated to the purchase of the gradall. The loaders will be leased instead of purchased, and the lease cost will be less then the budgeted purchase cost.
Resolution No. 2003-106, amending the General Fund, Lake Sumter EMS Inc. Fund, County Fire Control Fund, and Landfill Enterprise Fund, in order to receive unanticipated revenue for Fiscal Year 2002/2003, in the amount of $36,351.00, deposited into Surplus Furniture/Fixtures/Equipment Sales (General Fund - $4,643.00, County Fire Control Fund - $11,492.00, and Landfill Enterprise Fund - $19,491.00) and Other Miscellaneous Revenue (Lake Sumter EMS Inc. Fund - $725.00); and provide appropriations for the disbursement.
Check Request (Direct Pay) from the Clerk’s Office, for payment of Criminal Court costs for May, 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $36,681.00.
Budget and Administrative Services - Procurement Services
Request from Budget and Administrative Services - Procurement Services for approval of the following:
Authorization of Change Order No. 2 to Wicks Consulting Services, Inc., for additional engineering work for the community buildings, in the amount of $1,793.00, for a new contract total of $25,793.00.
Approval to declare items on attached list surplus to County needs; authorize removal from County records of the Traded-In item; authorize donation of the items, as specified; and authorize the Procurement Services Director to sign the vehicle titles for the units that will be donated.
Community Services
Request from Community Services for approval of the following:
Approval to advertise Ordinance amending the Lake County Library Advisory Board.
Joint Participation Agreement between the Lake County Board of County Commissioners and the Florida Commission for the Transportation Disadvantaged for the Rural Capital Equipment Support Grant and Supporting Resolution No. 2003-107.
Resolution No. 2003-108 and Cooperation Agreement with the Town of Astatula, adding the Town to the Urban County Partnership.
Growth Management
Request from Growth Management for approval of the following:
Approval to advertise proposed Ordinance regarding Temporary Uses, Appendix E, Lake County Code.
Approval to accept and execute a Developer’s Agreement with Colony Communities, for High Grove to pull six building permits, prior to acceptance of the final plat.
Approval to accept and execute a Developer’s Agreement with J & J Building and Development, L.C., to pull six building permits, prior to acceptance of the final plat.
Public Safety
Request from Public Safety for approval of the following:
Approval to transfer a Midland low band mobile radio from inventory to the Lake County Sheriff’s Office.
EMS Grant Spending Plan, whereby Lake-Sumter EMS receives 80% of the funds, for the purchase of equipment that will benefit the entire County; and approval to transfer $30,031.00 from the Fire Rescue EMS Grant budget to the Aids to Government Agency account, to transfer these funds to Lake-Sumter EMS.
Public Works
Request from Public Works for approval of the following:
Resolution No. 2003-109, authorizing the posting of speed limit signs on Exmoor Drive (4189D), from CR 435 (3888) east to the end of County maintenance, in the Mount Plymouth area, and to lower the speed limit on Lakeshore Drive (1040) from Bronson Road (1038), north to the existing 35 mph speed zone near Amber Avenue (1044), in the Clermont area.
Authorization to execute Change Order No. 2 to No. 1354 North Hancock Road Extension Phase II Project No. 2003-02, in the amount of $108,499.75, for modifying the multi-use trail; and closing CR 50, for pipe installation, overlaying with asphalt, and installing additional curbing.
Authorization to accept a Letter of Credit, for Performance, in the amount of $1,571,564.50, posted pursuant to the Agreement between Lake County, Carter-Hancock Road Land Trust, Solo Development Corporation, John P. Adams and Ann D. Adams Family Limited Partnership, and Jaymark Builders and Developers, Inc., regarding South Hancock Road.
Authorization to accept the final plat for Highland Groves, Phase 1, and all areas dedicated to the public, as shown on the Highland Groves, Phase 1 plat; a Developer’s Agreement, for Construction of Improvements between Lake County and K & H Joint Venture; and a Letter of Credit, for Performance, in the amount of $62,376.60.
ADDENDUM NO. 1 (CONT’D.)
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget and Administrative Services - Budget
Request from Budget and Administrative Services - Budget for approval of Budget Transfer - General Fund, Non-Departmental, in the amount of $100,856.00. Transfer $100,856.00 from Reserve for Operations to Repair and Maintenance. Funds needed to retrofit buildings used as voting places, as required by the Federal Government Vote America Act, in an amount not to exceed $100,856.00. Funds are available in Reserve for Operations. The Supervisor of Elections and the Public Works Director are working toward reducing costs, by locating alternative sites.
Budget and Administrative Services - Procurement Services
Request from Budget and Administrative Services - Procurement Services for approval of the following:
Approval to award the contract for hydraulic excavator to The Gradall Company for $257,513.00, in accordance with Florida State Contract No. 760-001-03-1.
Approval to waive the requirements for formal competition and award a non-competitive contract to AVAYA, Inc., in the amount of $56,232.25, for the purchase of Backbone Equipment for New Fiber Connectivity.
PRESENTATION
EMPLOYEE AWARDS
The Vice Chairman presented Employee Awards, as follows:
Award to Employee with Five Years of Service to the County
Anthony (Tony) R. Shetrawski, Senior Maintenance Specialist, Public Works/Special Services/Facility Maintenance/Building Maintenance (Not Present)
Award to Employee with Ten Years of Service to the County
Jodine L. Hanson, Executive Associate, BCC Administrative Support
Award to Employee with Fifteen Years of Service to the County
Kenneth K. Knight, Jr., Contracts Specialist, Public Works/Special Services/Facility
Maintenance - Custodial
Award to Employee with Twenty-Five Years of Service to the County
Andrew C. Duncan, Mosquito Control Inspector, Public Works/Special Services/Mosquito and Aquatic Plant Management
Award to Employee Retiring after Twenty-one Years of Service to the County
Dot Heald, Office Associate II, Community Services/Agricultural Education Services/Cooperative Extension Services
Award to Employee Retiring after Fifteen Years and Two Months of Service to the County
Ruthann Padgett, Right of Way Agent, Public Works Engineering/Right of Way
PRESENTATION
FLORIDA ASSOCIATION OF COUNTY ENGINEERS AND ROAD
SUPERINTENDENTS (FACERS) AWARD
Ms. Kathy McDonald, Administrative Services Manager, Lake County Public Works Department, was recognized by the Vice Chairman for being selected by the Florida Association of County Engineers and Road Superintendents (FACERS) as its Public Works Employee of the Year for 2002. She stated that Ms. McDonald has worked for the County since August of 1973 and has been an exemplary employee, who has worked under numerous County Commissioners, County Managers, County Attorneys, and Directors over the years. She noted that Ms. McDonald is scheduled to retire in August of this year.
PRESENTATION
RESOLUTION TO EUSTIS PANTHERS BASEBALL CHAMPIONS
Commr. Hanson presented each member of the Eustis Panthers Baseball Team with a copy of Resolution No. 2003-97, recognizing the fact that the Eustis Panthers Baseball Team won their second state championship at the Class 3-A State Baseball Championship, defeating Miami Belen Jesuit, by a 9-5 win. Coach Chet Lemon, Assistant Coach Paul Niles, Assistant Coach Jr. Duarte, and Assistant Coach Eric Zachman, along with the team members, were congratulated for their team and individual achievements and wished much success and continued personal growth, as they continue their careers and interests in sports.
PUBLIC HEARING
ORDINANCE REPEALING APPENDIX A-11 OF THE LAKE COUNTY CODE
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; PROVIDING FOR THE REPEAL OF APPENDIX A-11, LAKE COUNTY CODE, ENTITLED HEALTH AND HUMAN SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Vice 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 Vice Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2003-59, Repealing Appendix A-11 of the Lake County Code, regarding Health and Human Services, as presented.
PUBLIC HEARING
ORDINANCE REGARDING LAKE COUNTY CABLE TELEVISION
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, AMENDING CHAPTER 6.5,CABLECOMMUNICATIONS, LAKE COUNTY CODE, AMENDING SECTIONS 6.5-2, PURPOSE; 6.5-5, GRANT OF FRANCHISE; 6.5-14, COMPLETION OF CABLE SYSTEM CONSTRUCTION; 6.5-16,OVERRIDE CAPABILITY; 6.5-17, NEW DEVELOPMENTS; 6.5-20, PUBLIC, EDUCATIONAL, COMMERCIAL AND GOVERNMENTAL ACCESS; 6.5-21, FRANCHISE RENEWAL; 6.5-22, FRANCHISE TRANSFERS; 6.5-25, PERFORMANCE SECURITY; 6.5-30, CUSTOMER SERVICE STANDARDS; 6.5-31, RESERVATIONS OF THE COUNTY; 6.5-33, SUBSCRIBER RIGHTS; 6.5-36, FRANCHISE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bruce Thorburn, Communications Systems Director, addressed the Board stating that, as a result of the renewal process with Time Warner, now Bright House Networks, it was brought to staff’s attention that the Ordinance had not been changed in a number of years and, since that time, the Telecommunications Reform Act of 1996 affected many of the levels of regulatory controls on basic customer service levels. He stated that the communications services tax of 1999, State of Florida, affected franchise fees and how they are collected, for utilization of rights of way, which are still guaranteed under Federal law, but are now delivered to the Department of Revenue. He stated that staff decided to change that, to allow the County to retain the right to collect its franchise fees for the use of rights of way, in the event the communications services tax disappears. He noted, for informational purposes, that the word “public” needed to be deleted from Page 18, Line 34, of the Ordinance.
Commr. Hill suggested adding language to Item C, on Page 7, of the Ordinance, to state that there will be no altering, changing, or censoring of content for government and educational programming. She stated that the words “public” and “commercial” were deleted throughout the Ordinance and questioned whether said wording could be left in, to clear up any misunderstanding there might be.
Ms. Marsh suggested, rather than adding additional language, leaving the first sentence of Item C as it is written, with the exception of “public access”, on Line 8, which she noted if stricken would do what Commr. Hill suggested.
It was the consensus of the Board to do so.
The Vice 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 Vice Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2003-60, regarding Lake County Cable Television, as amended.
PUBLIC HEARINGS
LAKE COUNTY PUBLIC HOUSING AGENCY (PHA) ANNUAL PLAN FOR FISCAL YEAR 2003; FIVE YEAR PLAN PROGRESS REPORT COVERING FISCAL YEARS 2000-2004; AND ACCOMPANYING RESOLUTION
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and introduced Ms. Mary L. (Mickey) Mahoney and Ms. Barbara McWilliams, two members of the Public Housing Agency’s Governing Board, who would be sitting as voting members of the Board of County Commissioners this date, with regard to the three requests before them dealing with the Department of Housing and Urban Development (HUD). He explained that his department is required to submit to HUD an annual plan, after it has been approved by the Board, that outlines their objectives from a menu of objectives and goals that HUD publishes and that he was asking the Board’s approval of same.
The Vice 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 Vice Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 6-0 vote, the Board approved the Lake County Public Housing Agency (PHA) Annual Plan for Fiscal Year 2003; Five Year Plan Progress Report covering Fiscal Years 2000-2004 (FL 106); and accompanying Resolution No. 2003-110.
PUBLIC HOUSING AGENCY (PHA) SMALL PHA PLAN UPDATE FOR FISCAL
YEARS 2000-2004 FOR CITY OF LEESBURG; ANNUAL PLAN FOR FISCAL
YEAR 2003 (FL 115); AND ACCOMPANYING RESOLUTION NO. 2003-111
Mr. Fletcher Smith, Senior Director, Community Services, explained this request, stating that the County took over management of the Leesburg Public Housing Program in September of this year and, in an effort to make it more efficient for people in the County to obtain access to housing vouchers, without having to go to two different agencies to obtain them, they streamlined the process, which has worked out very well. He stated that they do not have a final agreement with HUD yet, so they have not brought said vouchers on as Lake County vouchers; however, he hopes to do so by October 1, 2003. He noted that the Lake County program has 282 vouchers and the City of Leesburg’s program has 202 vouchers, for a total of almost 500 vouchers that are available for the citizens of Lake County.
The Vice Chairman opened the public hearing.
No one was present in opposition to this request.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 6-0 vote, the Board approved the Public Housing Agency (PHA) Small PHA Plan Update for Fiscal Years 2000-2004 for the City of Leesburg; Annual Plan for Fiscal Year 2003 (FL 115); and accompanying Resolution No. 2003-111.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES
HUD REQUIRED REVISIONS TO ADMINISTRATIVE PLAN FOR LAKE
COUNTY SECTION 8 RENTAL ASSISTANCE PROGRAM AND PHA
REVISIONS
Mr. Fletcher Smith, Senior Director, Community Services, explained this request, stating that the Department of Housing and Urban Development (HUD) sent down some changes that the County has to incorporate in the Administrative Plan for the Lake County Section 8 Rental Assistance Program, which he summarized as being changes in the determination for persons with disabilities and clarification of child care requirements, as well as the fact that the County is utilizing the lottery system for placement of individuals on the waiting list. He stated that, previously, it was determined by the date and time that it was submitted, based on the type of voucher needed. He stated that, at the present time, the waiting list is closed, due to the number of people on the list. He stated that, when it is reopened, that is how they will go about filling the waiting list.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 6-0 vote, the Board approved a request from Community Services for approval to adopt HUD required revisions to the Administrative Plan for the Lake County Section 8 Rental Assistance Program, as well as PHA revisions.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
REPORTS - COUNTY ATTORNEY
SETTLEMENT AGREEMENT FOR LAKE COUNTY VS. CSX
Ms. Melanie Marsh, Assistant County Attorney, informed the Board that the County Attorney’s Office was recommending approval of Settlement Agreement - Lake County vs. CSX, which she noted is a friendly condemnation action for the South Lake Trail. She stated that approval of this request would settle up attorney’s fees and close out the litigation.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney’s Office for approval of Settlement Agreement - Lake County vs. CSX, Circuit Court Case No. 00-1869CAA0101, as presented.
REPORTS - COUNTY ATTORNEY
RELOCATING OF BILLBOARDS ALONG SR 441 CORRIDOR
Ms. Melanie Marsh, Assistant County Attorney, explained this request, stating that it was a request for approval to relocate three billboards along the SR 441 corridor, no more than 100 feet from their current locations, in accordance with Section 479.15, Florida Statutes.
It was noted that the signs are located in the County and that, depending on eminent domain action and where the signs are located, it will cost approximately $100,000 or more per sign, to relocate them.
Commr. Hill stated that the billboards are in her district and are located in an area where the City of Leesburg has hopped, skipped, and jumped around, annexing and non-annexing property; therefore, she feels it would behoove the Board to approve the relocation of the signs. She stated that, if the City of Leesburg chooses, when they annex said area, they can meet with the owner of Smallwood Signs, Mr. Pat Smallwood, the company that will be doing the relocating of the signs, and, if they have a different view on how they want the signage to be, it will be up to them to do something about it at that time. She stated that they are going to revamp their Sign Ordinance and are looking for citizen input regarding same. She stated that she feels the signs should be allowed to be relocated, until the City decides what it wants to do.
Commr. Hanson stated that she was concerned about the fact that, if the Board approved this request, they would be changing the County’s current Sign Ordinance, noting that it states billboards will be eliminated, should they have to be relocated.
Ms. Marsh stated that the Sign Ordinance contains a provision that gives the County the right to hold a meeting such as this one, for the Board to decide whether they want to purchase the signs that are to be relocated, or allow them to be moved within the 100 feet allowed by the Ordinance, as long as the sign is not relocated to a residential area.
Mr. Michael Dollery, Florida Department of Transportation, Right of Way Division, addressed the Board stating that, if the billboards were located in the City of Leesburg, they would not have to come before the Board requesting approval to relocate them, because the City of Leesburg’s current Sign Ordinance allows such signs.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to relocate three billboards along the SR 441 corridor no more than 100 feet from their current locations, in accordance with Section 479.15, Florida Statutes.
REPORTS - COUNTY ATTORNEY
CLOSED SESSION REGARDING COVANTA
Ms. Melanie Marsh, Assistant County Attorney, informed the Board that the County Attorney asked that she request approval to hold a Closed Session at the Board Meeting scheduled to be held on July 22, 2003, to discuss the Covanta case.
It was the consensus of the Board to hold the Closed Session on said date, at 11:30 a.m., or soon thereafter.
REPORTS - COUNTY MANAGER
WEKIVA BASIN UPDATE
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, updated the Board on the Wekiva Basin issue, noting that he had spoken with the Department of Community Affairs (DCA) on Monday, June 30, 2003, and it was expected at that time that the Governor would sign the Executive Order; however, due to him being tied up with other issues, it was not known when he would be able to sign it. He stated that he spoke with Ms. Bernice Brinson, with the City of Mt. Dora, and it appears that some of the concerns the City had have been addressed, as far as local government participation. He stated that he had not yet touched base with the City of Eustis, but, feels their sentiments are similar to those of Mt. Dora. He stated that the proposed Executive Order will create another Task Force, to go through all the issues associated with best management practices, land use, etc., however, noted that one of the provisions will require a date certain for each of the actions to be taken. He noted that they will have to report back to the Governor and the Legislature by this Spring, for any legislative requirements that are needed in the next session.
Mr. Bill Neron, County Manager, informed the Board that, once his office receives the final Executive Order, he will make sure that each Commissioner receives a copy of it.
Mr. Welstead displayed a map showing the proposed boundary lines, at which time he noted that it was completely different than any of the other maps he had previously seen.
Commr. Hanson stated that the map was similar to the one that she studied, when she was on the Governor’s Task Force, except that it did not go as far to the West, into the Clermont area, as the map that she had originally seen and that it was not the one that showed where the proposed boundaries were for the study area, which was limited to the northwest Orange County area, the area east of Mt. Dora and Eustis, and the land that is already protected in the Wekiva. She stated that the map has been expanded and goes into Seminole County, which was one of her concerns, while serving on the Governor’s Task Force, noting that she questioned what would be done with the Seminole County area and was informed that it was already built out. She stated that she feels, if it is an important enough area for the springshed, they need to look at retrofitting it. She stated that she was not sure why they left out the Clermont and Montverde areas.
Commr. Stivender questioned whether the Executive Order would create another task force, once it is signed by the Governor, and was informed that it would.
Mr. Welstead stated that it would create another task force, but not specifically to review what was done, as part of the Wekiva Basin Task Force, since that was primarily based on road considerations. He stated that this Executive Order is to deal with land use considerations, best management practices for agriculture, water recharge, etc., and has a much more inclusive list than the previous one, consisting of approximately 28 members, including a Chairman appointed by the Governor. He stated, for informational purposes, that within the next week or so a nominee from the Board would be asked to sit on the committee.
Commr. Hanson stated that there were still a couple of issues that she was concerned about, which she addressed with staff, being that of recharge; the extension of SR 429 and what position local government will take, if the road is never built; and arsenic contamination from the old dipping pits that were mandated by the State, for ticks, for the cattle throughout the State.
It was noted that this was strictly an update and no action was needed or taken at this time.
ADDENDUM NO. 1 (CONT’D.)
OTHER BUSINESS
APPOINTMENT TO LIBRARY ADVISORY BOARD
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board appointed Mr. Roy Hunter to the vacant countywide representative position on the Library Advisory Board.
REPORTS - COMMISSIONER HILL - DISTRICT 1
REPRESENTATIVE BAKER AND NATIONAL GUARD UNIT IN IRAQ
Commr. Hill informed the Board that she received an email from Ms. Judy Whaley, Clerk’s Office, Board Support, explaining that Representative Carey Baker and his National Guard unit are still in Iraq and have had very little communication with their families, due to the fact that the unit only has two phones. She stated that Representative Baker’s wife, Lori, has purchased a satellite phone for said unit and would be very appreciative of any donations from individuals and/or companies, to pay for phone minutes. She stated that, if anyone is interested in doing so, to contact Representative Baker’s office.
REPORTS - COMMISSIONER POOL - DISTRICT 2
ANNUAL MEETING OF CHRISTIAN SOCIAL SERVICES
Commr. Pool informed the Board that the Christian Social Services, of which he is a member of the Board, held their annual meeting on Monday, June 30, 2003, and that Congresswoman Ginny Brown-Waite was a guest speaker; Father John was re-elected as President; and Ms. Taren Schwarz was re-elected as the Executive Director. He stated that it was a nice fund raiser and that he appreciates all that the organization does for those people that need services in the County. He stated that he appreciated Congresswoman Waite being a guest speaker at the meeting, as well.
ADDENDUM NO. 1 (CONT’D.)
REPORTS - COMMISSIONER HANSON - DISTRICT 4
ADOPTION OF ST. JOHNS RIVER RESTORATION STRATEGY FINAL
REPORT
Commr. Hanson informed the Board that they had before them the St. Johns River Restoration Strategy Final Report, which she noted was a pretty indepth report of goals to be accomplished, to help restore the St. Johns River, of which a great deal of Lake County borders. She stated that they need a vote by each of the counties that are impacted, thus, her reason for bringing it to the Board.
Commr. Stivender questioned whether barges and such were being restricted from using the St. Johns River and was informed that they were not, that the report pertains to protecting the lands on either side of the river, as well as the water quality and the retrofitting of septic tanks, with the goal of eventually getting to zero discharge and those types of contamination of the river.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the adoption of the St. Johns River Restoration Strategy Final Report.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
HOWEY-IN-THE-HILLS MANSION
Commr. Hanson informed the Board that she was contacted recently regarding the Howey-in-the-Hills Mansion and the possibility of it being purchased and turned into a museum, meeting place, gardens, etc. She stated that she feels it has some potential as a state park and that some partnerships could be created, at which time she noted that Florida Forever has indicated a sincere interest in becoming a partner and helping to obtain funding. She stated that their grant periods are July 1 and December 31, 2003. She suggested that, since she is not the historical liaison to the Board and the mansion is not in her district, Commr. Stivender work with them to help obtain funding for said project.
It was noted that Commr. Stivender would do so.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
FOURTH OF JULY CELEBRATIONS
Commr. Stivender reminded everyone to attend Fourth of July celebrations throughout the County and to honor and remember those soldiers who are still fighting for our Country and keep them in our prayers.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:05 a.m.
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WELTON G. CADWELL, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK