A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 2, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, September 2, 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; Jennifer Hill; Catherine C. Hanson; and Robert A. Pool. Commr. Debbie Stivender, Vice Chairman, was not present due to illness. 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; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Commr. Hanson informed the Board that she would be bringing them up-to-date regarding the Wekiva issue, under her Reports.
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, with several items, and that he was pulling Tab 33, a request for approval to designate Brown’s Ford Bridge, located on SR 19 north of Groveland on the Palatlakaha Creek, as a historic site, due to the fact that it was handled at the previous Board Meeting.
Commr. Cadwell stated that the Board had put off the Planning Workshop a couple of times and staff needed some direction, at least on the matter of the Joint Planning Agreements (JPA), therefore, noted that, at the end of the meeting, they would go into a Workshop Session to discuss the matter.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 5, 2003 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Renewal, and Cancellations, as follows:
74-04 Robert Fedor d/b/a Fedor Builders
1431-04 Alfred E. Tinney d/b/a Tinney Plumbing Company
1691-04 Franklin L. Russell d/b/a Russell’s Electrical Service
1865-03 Lance Dotson d/b/a Lance Dotson
4525-04 William D. Warshaw d/b/a American Electric Central Florida, Inc.
4803-04 United Electrical Contractors, Inc.
4863-03 Stuart Campbell d/b/a Campbell Limited, Inc. (Construction)
4871-04 James A. Croson d/b/a AMPAM-J.A. Croson Company
5027-04 Kenneth Lawrence Watson (Roofing)
5364-03 Horace T. Lane d/b/a Tom Lane Construction
5393-04 E. B. Hacker d/b/a Lennar Homes, Inc., Clermont Division
5569-04 William Greenberg d/b/a Morris Electric
5906-04 Michael J. Stauffer (Irrigation)
5933-03 Perry D. Vogler d/b/a Schwartz Electric, Inc.
6030-04 Terrance L. Urton d/b/a Terray Enterprises, Inc. (Irrigation)
6116-03 Steve Heake d/b/a Greener Gardens of Central Florida, Inc.
6117-03 Heather Wolf d/b/a Wolf’s Irrigation & Landscaping, Inc.
6118-03 Kevin Reedy d/b/a RWC Sitework, Inc.
6119-03 John Edward Hudson d/b/a Creative Aluminum, Inc.
6121-04 Steven Carl Newcomb d/b/a Newcomb Electric, Inc.
6122-04 Charles Capehart d/b/a Landscape and Irrigation, Inc.
4664-05 Storm T. Kern
4045-99 Carl Sellers d/b/a Carl Sellers Air Conditioning and Heating
6094-03 Dewey R. Crigger (Irrigation/Lawn Sprinkler)
Satisfaction of Judgments
Request for approval of Satisfaction of Judgments, as follows, and authorized proper signatures on same:
Satisfaction of Judgment for State of Florida vs. Chris Eugene Beck, in the amount of $250.00, Case No. 1984-17884 TT 60, 1984-17880 TT 60, 1984-17881 TT 60, 1984-17883 TT 60. This Final Judgment entered on the 1st day of November, 1984, and recorded in OR Book 822, Page 1155, of the Public Records of Lake County, Florida.
Satisfaction of Judgment for Kate Reilly and Nan Fagan and/or Mr. Reilly, in the amount of $500.00 - Case No. 0100015CJ. This Final Judgment entered on the 18th day of April, 2001, and recorded in OR Book 01935, Page 1120, 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 July 31, 2003, in the amount of $168,814.10. Same period, last year: $145,489.59.
Ordinance from City of Clermont
Request to acknowledge receipt of Ordinance No. 471-M, from the City of Clermont, annexing a contiguous vacant parcel of land into the city limits of Clermont. This Ordinance was adopted by the Clermont City Council on July 22, 2003.
Notice from City of Mascotte of Voluntary Annexation and Proposed Enactment
Request to acknowledge receipt of Notice of Voluntary Annexation and Proposed Enactment of Annexation - Pursuant to State laws and the Code of Ordinances, notice is hereby given that the City Council of the City of Mascotte, Lake County, Florida, at a Regular Council Meeting, to be held at 6:30 p.m., on Monday, August 25, 2003, in the Mascotte Community Building, 121 North Sunset Avenue, Mascotte, Florida, intends to adopt and enact an Ordinance annexing certain real property into the City of Mascotte, upon the voluntary petition of the owners of all of the property within the area to be annexed, filed with the City of Mascotte, by Active Holdings, LLC; redefining the boundary lines of the City of Mascotte, to include said real property, being generally described as 26.38 acres, comprising Tract 1, Bluff Lake Estates, in Section 11, Township 22 South, Range 24 East, according to the plat thereof, recorded in Plat Book 11, Page 79, Public Records of Lake County, Florida; and Lots 2 and 3, Lake Bluff Heights, in Section 11, Township 22 South, Range 24 East, according to the plat thereof, recorded in Plat Book 11, Page 101, Public Records of Lake County, Florida.
Revised Notice of Hearing Conference from Florida Public Service Commission
Request to acknowledge receipt of Florida Public Service Commission - Revise Notice of Hearing Conference to AT&T Communications of the Southern States, LLC; TCG of South Florida; Sprint-Florida, Inc.; Womble Carlyle Law Firm, Ausley and McMullen Law Firm, and All Other Interested Persons. Re: Docket No. 030296-TP.
Public Hearing: Thursday, September 18, 2003, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Friday, September 19, 2003, has also been reserved for continuation of the hearing, if needed. Previously noticed hearing dates of August 7 and 8, 2003, have been cancelled.
Notice of Prehearing Conference from Florida Public Service Commission
Request to acknowledge receipt of Florida Public Service Commission - Notice of Prehearing Conference to Lake Utility Services, Inc., City of Clermont, Ames Holdings, LLC, ET AL., Hartwood Properties, Inc., ET AL., and all other interested persons. Re: Docket No. 020907-WS, Application for Amendment of Certificate Nos. 496-W and 465-S, to extend water and wastewater service areas in Lake County, by Lake Utility Services, Inc.
Notice is hereby given that a prehearing conference will be held before Commissioner Deason, as Prehearing Officer, regarding the above referenced matter, at the following time and place:
Monday, August 18, 2003, 1:30 p.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
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 - General Fund, Constitutional Officers/Sheriff, in the amount of $40,000.00. Transfer $40,000.00 from Contingency - Sheriff to Law Enforcement Capital Outlay. The Sheriff is requesting a transfer, pursuant to F.S. 30.49.
Budget Transfer - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $571,919.00. Transfer $571,919.00 from Reserve for Operations ($345,000.00), Improvements Other Than Buildings ($49,963.00), and Roads ($176,956.00) to Repair & Maintenance ($285,000.00), Operating Supplies ($60,000.00), and Road Repair& Maintenance ($226,919.00). Repair and maintenance of equipment, and fuel costs have exceeded the amounts budgeted. Funds are needed to cover the months of July, August, and September, and to cover an existing deficit in repair and maintenance. Funds are available in Reserve for Operations. Also included is an accounting adjustment to transfer funds from capital line items to a new line item for road repair and maintenance. Funds were budgeted in capital line items for repairs that have been charged to the new road repair and maintenance account.
Budget Transfer - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $4,911.00. Transfer $4,911.00 from Reserve for Operations to Buildings. In November, 2002, a change order was approved to Marback Constructors for additional work under their contract to replace the roofs on the Leesburg and Minneola barns. Funds were not transferred at the time to cover the cost of the change order and are not available within the existing budget. Funds available in Reserve for Operations.
Budget Transfer - Greater Groves MSBU Fund, Department of Budget & Administrative Services, Budget Division, Assessments Section, in the amount of $30,000.00. Transfer $30,000.00 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 special reserve account for additional costs in the subdivision for renovations. Funds available in Special Reserve.
Budget Transfer - County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $258,300.00. Transfer $258,300.00 from Machinery & Equipment to Rentals & Leases. Loaders budgeted for purchase will be leased. Need to reallocate funds to pay the five-year lease on the loaders. Funds available in Machinery & Equipment.
Resolution No. 2003-138, amending the General Fund, in order to receive unanticipated revenue for Fiscal Year 2002/2003, in the amount of $27,059.00, deposited into Other Miscellaneous Revenues, and provide appropriations for the disbursement for Information Technology: Repair & Maintenance ($6,200.00), Office Supplies ($17,280.00), and Machinery & Equipment ($3,579.00), for the Countywide Document Management System.
Request from the Clerks Office for payment of Criminal Court costs for July, 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $43,514.00.
Approval to authorize Chairman to sign Resolutions providing for certification of the assessment roll for the Greater Hills Municipal Service Benefit Unit (Resolution No. 2003-139), Greater Groves Municipal Service Benefit Unit (Resolution No. 2003-144), Greater Pines Subdivision (Resolution No. 2003-145), Picciola Island Subdivision (Resolution No. 2003-146), Valencia Terrace Subdivision (Resolution No. 2003-147), and Village Green Subdivision (Resolution No. 2003-148); providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Budget and Administrative Services - Procurement Services
Request from Budget and Administrative Services - Procurement Services for approval of the following:
Approval and authorization to execute an amendment to extend the surveying contract for the Geographical Information System (GIS) Division with South-Eastern Surveying & Mapping Corporation, to complete the project for establishing state plane coordinates, RFP #00-026, for an additional twelve months.
Approval and authorization to execute the third addendum to Contract No. 01-035, for BCI Engineers & Scientists, Inc., to provide periodic construction observation services relating to Stormwater Management Engineering Services.
Request from Community Services for approval of the following:
Approval and signature authorization on Agreement, which will enable Library Services to request an increase in bandwidth for Internet Service through FIRN (Florida Information Resources Network); and approval to submit a Communications Service Authorization to increase the bandwidth of Internet Service.
Approval of Facility Use Agreements between Mid-Florida Community Services, Inc. and the Lake County Board of County Commissioners, to use the Paisley Community Center and the Umatilla Southside Community Center as congregate meal sites for Senior Citizens.
Economic Development and Tourism
Request from Economic Development and Tourism for approval of the following:
Approval of an Amendment to the Jobs Growth Investment Trust Fund Agreement between Lake County and CoachCrafters, Inc., which lowers their JGI Award from $117,000.00 to $35,000.00.
Approval to declare surplus property acquired through Code Enforcement Lien process, to donate property to Habitat for Humanity of Lake County, Florida, Inc.; approval of Resolution No. 2003-140, making said donation; and execution of all related documents (property located at 2625 Berdetta Street, Leesburg).
Request from Environmental Services for approval of one Environmental Technician in the Department of Environmental Services, Water Resource Management Division, effective October 1, 2003.
Request from Growth Management for approval to advertise Ordinance amending Chapter II, Lake County Code, Appendix E, Land Development Regulations, relating to exotic animals.
Request from Public Safety for approval and signature on Resolution No. 2003-141, approving the revised Lake County Comprehensive Emergency Management Plan (CEMP).
Request from Public Works for approval of the following:
Tentative Certified Budget for Arthropod Control for Fiscal Year 2003/2004.
Approval to award Lake Griffin Stormwater Retro-Fit Project No. 2003-10, Bid No. 03-119, to Dimensional Contracting, in the amount of $371,703.00; and encumber and expend funds, in the amount of $371,703.00, from the Stormwater Management Fund - Commission District 1.
Interlocal Agreement between Lake County and the City of Tavares for the SR 19 Landscaping Project.
Approval and authorization to accept the final plat for Mission Park, Phase III, all areas dedicated to the public, as shown on the Mission Park, Phase III plat; a Developers Agreement, for Construction of Improvements between Lake County and Mission Park, LLLP; and a Letter of Credit, for Performance, in the amount of $287,041.62. Subdivision consists of 76 lots - Commission District 2.
Approval and authorization to accept the final plat for Royal Highlands, Phase 2B, all areas dedicated to the public, as shown on the Royal Highlands, Phase 2B plat; a Developer’s Agreement, for Construction of Improvements between Lake County and Pringle Development, Inc.; and a Letter of Credit, for Performance, in the amount of $1,324,461.11. Subdivision consists of 184 lots - Commission District 3.
Approval and authorization to release a surety bond, in the amount of $71,918.00, that was posted for maintenance of the Orange Tree, Phase II Subdivision. Subdivision consists of 69 lots - Commission District 2.
Approval and authorization to release a Letter of Credit, in the amount of $37,020.00, that was posted for maintenance of the Palisades, Phase 2-A Subdivision. Subdivision consists of 45 lots - Commission District 2.
Approval and authorization to release a Letter of Credit, in the amount of $38,423.00, that was posted for maintenance of the Palisades, Phase 2-B Subdivision. Subdivision consists of 40 lots - Commission District 2.
Approval and authorization to accept the final plat for Spring Valley, Phase VI, all areas dedicated to the public, as shown on the Spring Valley, Phase IV plat; a Letter of Credit, for Performance, in the amount of $148,335.00; and a Developer’s Agreement, for Construction of Improvements between Lake County and the Siena Home Corporation. Subdivision consists of 56 lots - Commission District 2.
Approval to award and transfer funds for Judicial Center Parking Lot Modification Project No. 2003-11, Bid No. 03-106, to Gibbs & Register, Inc., in the amount of $1,125,000.00; and to encumber and expend funds, in the amount of $1,125,000.00, from the Infrastructure Sales Tax Fund (Fund 301) - Commission District 3.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget and Administrative Services - Risk Management
Request from Budget and Administrative Services - Risk Management for approval and signature on the Contract Amendment for continued Claims Administration, Utilization Review, and Large Case Management services from Employers Mutual, Inc. (EMI), the County’s Third Party Administrator for medical claims.
Economic Development and Tourism
Request from Economic Development and Tourism for approval of the Second Addendum to the Real Estate Sales and Purchase Agreement between Lake County and U. S. Properties, Inc., to extend the closing date from September 3, 2003 to “on or before October 17, 2003"; and approval to execute all related documents.
The Chairman presented Employee Awards, as follows, at which time Mr. Michael Milanowski, Lake County Director of Human Resources, commented regarding each individual:
Award to Employees with Five Years of Service
Lori D. Davis, Data Warehouse Administrator/Unix System Administrator, Growth Management/GIS (Not Present)
Emily A. Lee, Childrens Services Director, Community Services/Childrens Services
Helena E. Osborne-Ponsi, Volunteer Coordinator, Community Services/Administration/Volunteer Program
Danny McCullough, Network Technician, Community Services/Library Services (rescheduled from 8/5/03 meeting)
Award to Employee with Ten Years of Service
Patricia A. Fletcher, Office Associate III, Public Works/Road Operations/Signs Signals & Striping
Award to Employees with Fifteen Years of Service
Sherie A. Ross, Office Associate IV, Growth Management/Planning & Development/Current Planning
Thomas E. Lawrence, Firefighter/EMT, Public Safety/Fire and Rescue
Award to Employee with Thirty Years of Service
Burgess D. Back, Equipment Operator III, Public Works/Road Operations/Maintenance Area III
The Chairman and Commrs. Hill and Hanson presented Board/Committee Awards, as follows:
Presentation of Plaque - Library Advisory Board
Mary (Terry) Moherek, for service from 1992-2003
Presentation of Certificates - Comprehensive Health Care Committee
Doug Akers, for service from 2001-2003
Linda Graver, for service from 2000-2003 (Not Present)
Presentation of Certificate - Cultural Affairs Council
Dorothy A. Keedy, for service from 2001-2003 (Not Present)
ORDINANCE REGARDING GOLF CARTS
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final hearing, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 15-15, LAKE COUNTY CODE, ENTITLED OPERATION OF GOLF CARTS; PERMITTING THE OPERATION OF GOLF CARTS ON COUNTY ROADS OR STREETS AS DESIGNATED BY THE BOARD THROUGH A DULY ENACTED RESOLUTION; REQUIRING SAFETY STANDARDS; REQUIRING APPROPRIATE SIGNAGE; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The County Attorney pointed out the fact that there was a separate Resolution, as part of this Agenda item, designating certain sections of The Villages as allowable for golf cart travel.
Commr. Cadwell noted that he brought this matter forward before the Board, due to the fact that there is an enclave in The Villages portion of Lady Lake that is still in the County, and, with Lady Lake passing their Golf Cart Ordinance, it made no sense for the County to have a different set of rules for a few blocks.
The Chairman opened the public hearing.
Ms. Lucy Borg, a resident of The Villages, addressed the Board and thanked them for approving the Ordinance, noting that it will enable her and her neighbors to enjoy their lifestyle, as they know it, because they will no longer be kept in isolation. She recognized various individuals from The Villages, who were present in the audience, noting that they were part of her support group, and thanked those individuals who were not present at this meeting who were instrumental in bringing the request to the Board’s attention and getting it approved.
There being no further individuals who wished to address the Board, the 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. 2003-78, regarding Golf Carts; and accompanying Resolution No. 2003-142, designating certain sections of The Villages as allowable for golf cart travel.
LAKE COUNTY CITIZENS’ COMMISSION FOR CHILDREN
Mr. Fletcher Smith, Senior Director, Department of Community Services, addressed the Board and introduced Ms. Emily Lee, Director of Children’s Services, noting that she would be making a few comments, prior to the scheduled presentation.
Ms. Lee addressed the Board and thanked them for recognizing her five years of service to the County, as its Director of Children’s Services. She stated that five years ago she attended her first Citizens’ Commission for Children Board Meeting, as the new Director of Children’s Services, and her most profound memory of that meeting was former Commr. Richard Swartz issuing a stern charge to the past and present Board members to make themselves available to assist and support her in getting acclimated to her job, and this was her first opportunity in five years to stand before the Board and thank them for their support. She stated that she would especially like to thank Commrs. Hanson, Hill, and Stivender and former Commr. Swartz for serving on the Citizens’ Commission for Children Board, noting that their support and guidance has provided invaluable direction for her and that Board. She recognized Ms. Peggy Norman, her assistant, who could not be present at this meeting, noting that her commitment and professional skills contributes to the success of Children’s Services.
Ms. Lee referred to an article that recently appeared in The Orlando Sentinel, written by Mr. Bill Sublette, Chairman of the Community Leadership Council at The Howard Phillips Center for Children and Families, addressing the realities of life for the County’s children and families, which she distributed to the Board, for their perusal. She stated that Mr. Sublette warns that Florida is failing its children and addresses the problems and concerns of Orlando’s children and families, however, noted that those same problems and concerns are present in Lake County. She stated that he suggests, until counties set their sights higher and make children a true priority - by allocating more money and resources to children and families - our community will continue struggling to fix broken lives. She stated that he questioned how much money counties would save by preventing subsequent mental illness, drug abuse, school failure and crime, when its kids grow up healthy. She stated that the article referred to a statement that Mr. Frederick Douglass once made, being “It is easier to build strong children than to repair broken men.” She stated that the article further states that children are only children for a short time before their chance is lost forever and all children deserve a chance. She thanked the Board for providing for the children of Lake County through their support and funding, even during tight budget constraints, and encouraged them to read the article she presented to them, as well as the 2003 Annual Report and Strategic Plan for the Lake County Citizens’ Commission for Children being presented this date, noting that it contains very useful information for future planning, to help address the needs of Lake County’s children.
Mr. B. E. Thompson, Chairman of the Citizens’ Commission for Children, addressed the Board and reviewed the 2003 Annual Report and Strategic Plan for the Lake County Citizens’ Commission for Children, alluded to by Ms. Lee, at which time he noted that the Citizens’ Commission for Children is a 16 member volunteer advisory board appointed by the Board of County Commissioners, to serve the County by being knowledgeable about the needs of its citizens, particularly children and families, and by linking those citizens to services that exist within the County. He stated that their mission is to improve the quality of life in the County, by providing support and funding for prevention and intervention programs for children, youth, and families. He introduced their board members, some of which were present in the audience, and thanked them not only for the time they spend attending the meetings, but for the many hours that each member spends serving as liaisons to the various agencies they fund. He recognized the things that are accomplished throughout the year by Ms. Emily Lee and Ms. Peggy Norman, the Children’s Services staff.
Mr. Thompson stated that the most important issue he wanted to address this date was the impact that the Children’s Services Department has on the community, through the funding that is provided by the Board annually, noting that over the past year they funded 13 agencies, for a total of $197,400.00. He stated that many of the agencies were able to use the County funds to leverage other grant funding, which resulted in an additional $486,860.00 for children’s services in Lake County, which is an unduplicated $684,260.00 in funding, resulting in services for 8,109 Lake County children and families, which is a great return on the investment. He stated that, for Fiscal Year 2004, the Citizens’ Commission for Children has recommended 16 agencies for funding and has requested $197,140.00, to be distributed among said agencies. He pointed out the fact that the request for funding totaled nearly $500,000.00, at which time he noted that it is no small task to determine which agencies to fund, in order to best meet the needs of the community. He stated that each year the request for funding increases; however, they have worked hard to keep the recommendations from exceeding the current funding threshold. He thanked the Board for its past, present, and future support of the Citizens’ Commission for Children, noting that together they can continue to champion the causes for children.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. George Popovich, Mid-Florida Community Services, addressed the Board and expressed Mid-Florida Community Services’ sincere appreciation, on behalf of the citizens of Lake County, for the establishment of two new Nutrition Program sites - one in Umatilla and one in Paisley. He extended a special appreciation to Commrs. Hanson and Cadwell, for their help in getting the centers up and going. He noted that they will be holding an Open House, which he encouraged the Commissioners to attend, and that they will be doing assessments this date, evaluating the needs of individuals in the community.
Commr. Hanson recognized Mr. Roy Hunter, a resident of Paisley, for the part he played in getting the center in Paisley established.
REPORTS - COMMISSIONER POOL - DISTRICT 2
ORDINANCE IMPLEMENTING REDUCTION IN ASSESSMENT FOR LIVING
QUARTERS OF PARENTS AND GRANDPARENTS
Commr. Pool informed the Board that this item was put on the Agenda, for discussion, per a citizen’s request.
Commr. Cadwell stated that he asked Mr. Ed Havill, Lake County Property Appraiser, to address the Board, to ensure that they had a clear understanding of what the ramifications would be, should the ordinance be approved, and how it would be implemented.
Mr. Havill addressed the Board and presented reasons why he was opposed to the proposed Ordinance, which he referred to as an anti-retiree Ordinance, noting that it would hurt the vast majority of retirees who own their homes, who would have to pay higher property taxes to subsidize other retirees’ adult children who get the “granny flat” exemption. He stated that the voters of Florida passed the amendment last year, but he does not feel they really thought it through before voting for it. He stated that he would like for the Board to consider the reasons he gave, in opposition to the request, before they hold any public hearings on it. He stated that the State of Florida does not need such an Ordinance, because it would be hard to administer, from the Property Appraiser’s standpoint, and those individuals who have already added on to their homes to take care of elderly parents, disabled siblings, etc. would not be eligible for this exemption and would have to subsidize those individuals who would receive it.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved not to advertise an Ordinance implementing Florida Statute 193.703 - Reduction in Assessment for Living Quarters of Parents or Grandparents.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC WORKS - IMPACT FEE AGREEMENT BETWEEN BOARD OF COUNTY
COMMISSIONERS AND LOST LAKE RESERVE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that this request was for approval of an agreement between the County and Lost Lake Reserve, for Phases I and II, regarding improvements to Steve’s Road, at which time he noted that the County entered into a similar agreement, with regard to Citrus Tower Boulevard. He stated that Phase I connects across the Lost Lake Reserve property and Phase II, assuming all the needed rights-of-way are acquired on Steve’s Road, is very close to becoming a reality. He stated that the County has asked for a deed from the School Board for a portion of Steve’s Road, which staff anticipates receiving. He noted that a connection is still missing between the existing portion of the road at the high school to the Lost Lake Reserve development.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval and execution of an Impact Fee Agreement between the Board of County Commissioners and Lost Lake Reserve, to construct Steve’s Road improvements to serve the Lost Lake Project, as well as other lands in its vicinity, in order to accommodate increased traffic demands in the south Lake County area.
APPOINTMENTS TO TRANSPORTATION DISADVANTAGED COORDINATING
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board appointed individuals to vacant positions on the Transportation Disadvantaged Coordinating Board, as follows:
Experienced Representative of the Local Private for Profit Transportation Industry or a
Local Non-Profit Representative
Mr. Patrick Turner
Disabled Person Representing the Disabled in the Service Area
Mr. Gerald Wayne
REPORTS - COUNTY ATTORNEY
RATE INCREASE WITH FIRM OF MULLER MINTZ FOR OUTSIDE COUNSEL
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a rate increase with the firm of Muller Mintz, for outside counsel in the handling of labor issues for Lake County, from $130.00 per hour to $150.00 per hour, effective October 1, 2003.
REPORTS - COUNTY ATTORNEY
SETTLEMENT AGREEMENT FOR LAKE COUNTY VS. ROCKY MOUNT
DEVELOPMENT COMPANY, INC.
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 for approval of Settlement Agreement for Lake County vs. Rocky Mount Development Company, Inc., Circuit Court Case No. 2002-CA-2185; and approval of accompanying Satisfaction and Release of Lien.
REPORTS - COUNTY ATTORNEY
AMENDMENT TO LEASE AGREEMENT BETWEEN LAKE COUNTY AND TOWN
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of Amendment to Lease Agreement between Lake County and the Town of Astatula.
REPORTS - COUNTY ATTORNEY
RESOLUTION OF FEE SCHEDULES FOR FISCAL YEAR 2003/2004
Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval to adopt the Fee Schedules for all the County’s departments, to become effective October 1, 2003.
Commr. Hanson pointed out the fact that the major changes appeared to be in the Health Department, at which time she made a motion to approve the Fee Schedule Resolution for Fiscal Year 2003/2004, as presented.
Commr. Hill seconded the motion, for discussion, and questioned whether the changes in the Health Department’s fees were due to Medicaid requiring the County to make said changes, or whether it was something that the County chose to change.
It was noted that the changes were statewide.
Mr. Bill Neron, County Manager, suggested that the Board approve the Resolution, excluding that portion dealing with the Health Department, or delay the request until a later date.
Mr. Sandy Minkoff, County Attorney, interjected that the Fee Schedules were due to become effective October 1, 2003, therefore, noted that it would be better to approve everything but that portion dealing with the Health Department fees and staff could bring a supplemental Resolution back to the Board dealing with said fees at a later date.
Commr. Hanson withdrew her original motion, with Commr. Hill withdrawing her second, and made a motion to approve Resolution No. 2003-143 - Fee Schedules for Fiscal Year 2003/2004, excluding that portion dealing with the Health Department fees.
Commr. Pool seconded the motion.
The Chairman called for a vote on the motion, which was carried, by a 3-1 vote.
Commr. Hill voted “No”.
REPORTS - COUNTY ATTORNEY
CONTINUING ENCROACHMENT AGREEMENT BETWEEN HOUSING
ASSISTANCE OF MT. DORA, INC. AND LAKE COUNTY
Mr. Sandy Minkoff, County Attorney, informed the Board that Housing Assistance of Mt. Dora, Inc., which has a building located on Eudora Road, has discovered that part of the building is within the County’s right-of-way. He stated that, initially, they wanted the County to vacate the right-of-way, but the department was opposed to that, so the solution to the problem was an encroachment agreement, whereby the County will allow the building to stay where it is as long as it exists, but, if it is ever demolished or moved, Housing Assistance of Mt. Dora will have to make sure they set back from the County’s right-of-way. He stated that staff was recommending approval of the request.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of Continuing Encroachment Agreement for Eudora Road between Housing Assistance of Mt. Dora, Inc. and Lake County, Florida.
OTHER BUSINESS (CONT’D.)
SUMMARY OF OUTSTANDING LEGAL ACTIONS
Commr. Hanson stated that, in the past, the County Attorney had put together a summary of outstanding legal actions for the Board, which she found to be very helpful, and questioned why they had not received one lately.
Mr. Sandy Minkoff, County Attorney, stated that it is something he normally gives the Board at the end of October, or the beginning of November, noting that it is done in connection with the audit.
ADDENDUM NO. 1
REPORTS - COUNTY MANAGER
MULTI-PARTNERSHIP PROPOSAL TO REVIEW AND UPDATE ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT’S EAST CENTRAL FLORIDA
REGIONAL GROUNDWATER FLOW MODEL
Commr. Cadwell stated that this issue pertained to a discussion regarding the Multi-Partnership Proposal to review and update the St. Johns River Water Management District’s East Central Florida Regional Groundwater Flow Model and questioned whether staff was aware of what the Water Authority did regarding the matter.
Mr. Bill Neron, County Manager, stated that he was not sure what the Water Authority did, at which time he noted that staff’s concern is the fact that the County has been asked for funding, in the amount of $20,000. He stated that the County is not in the water business and there is only $23,000 left in the Reserve for Operations Account for the remainder of the fiscal year, so they are concerned about the County stepping in to fund the request at this point in time.
Commr. Hanson questioned whether, in view of the issues involving the Wekiva, it would not be helpful for the County to participate in the partnership being proposed, due to the fact that it affects Lake County’s springsheds and wells. She stated that she felt it would be very helpful for the County to participate in the partnership.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, stated that he is not sure anyone is comfortable with the water supply in the Wekiva area. He stated that he is not certain Andreyev Engineering is comfortable with it either, thus, the reason for wanting to do the review and update.
Ms. Blanche Girardin, Senior Director, Environmental Services, addressed the Board stating that Mr. Andreyev’s model only addresses the concerns around the cities, because the cities initiated the model. She stated that she felt it would be very wise for the County to get someone on board to look at it, noting that her concern about Mr. Andreyev’s model is that it is limited to one specific area. She stated that she feels Commr. Pool’s area is going to be just as much a concern in the future, if not now. She stated that her recommendation would be, if the County is going to get someone to look at it, that they get someone to look at the entire county.
Commr. Hanson stated that she felt the Board needed more information regarding the matter, therefore, suggested that staff bring it back to them at a later date and let them further evaluate it.
Commr. Cadwell stated that he would like for staff to find out what the Water Authority did and what the cities are doing and bring their findings back to the Board at the next Board Meeting.
No action was taken at this time.
REPORTS - COUNTY MANAGER
DRAFT OF LETTER TO SUMTER COUNTY REGARDING PROPOSED LANDFILL
Commr. Cadwell informed the Board that they had before them a draft of a letter to be sent to Sumter County expressing some concerns the Board has about the proposed Sumter County Class I Landfill. He noted that he tried to express the Board’s concerns, without trying to tend to Sumter County’s business.
Due to the fact that the Board had just received said letter, it was determined that they would come back to this request later in the meeting, allowing them time to review the letter.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
WEKIVA MEETINGS REGARDING DELINEATION OF WATER MANAGEMENT
Commr. Hanson stated that she would like to have the Board updated, with regard to the Wekiva issue and the delineation of the water management district that was adopted as the initial study area.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board stating that a lengthy discussion was held at the last Wekiva River Basin Coordinating Committee Meeting regarding the delineation of the water management district, at which time he pointed out the area that was defined and adopted as the initial study area, as recommended by the St. Johns River Water Management District (SJRWMD), on a map which he displayed for the Board’s perusal. He stated that there were two caveats to that, one being, if data was provided that suggested that the area be expanded, that it be expanded into an area which extends into Township 23 in the Green Swamp and encompasses all of Clermont, Minneola, Groveland, and a number of other cities in the south part of the County. He pointed out areas on the map (F and B) that it is felt by the SJRWMD contributes to the Wekiva Basin, however, noted that the contribution is based on 150 years. He stated that there is a ridge that separates the two areas running across Lake Apopka and into Howey-in-the-Hills and it was debatable as to whether or not it should be included in the study area, but, based on additional data, it was decided that it should be included.
Commr. Hanson stated there was considerable support for looking at all three counties - Orange, Lake, and Seminole, however, noted that a consensus was not reached to do so.
Mr. Welstead interjected that that discussion revolved around language in the Executive Order that discussed the springshed itself and contributors to the springshed. He stated that it did not address draw downs caused by withdrawal, which have an effect on the water balance in the Wekiva.
Commr. Cadwell pointed out the fact that land use issues are on the agenda for the Wekiva River Basin Coordinating Committee Meetings scheduled for September 17 and 18, 2003, so, if any of the Commissioners were interested in attending said meetings, he would encourage them to do so.
Mr. Welstead informed the Board that a statement was made at the last meeting, by a member of the Seminole County Commission, that the water consumption of Lake County exceeds that of Seminole County, which caught him and Ms. Blanche Girardin, Senior Director, Environmental Services, off guard. He stated that they did not have any evidence of whether it was true or not, however, noted that they will get the facts and respond to said statement at the next meeting.
RECESS AND REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
GROWTH MANAGEMENT WORKSHOP - JOINT PLANNING AREAS
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board stating that they had before them a map outlining the requested joint planning areas (JPAs) of each of the cities that staff had discussions with. He pointed out those areas where there are overlaps, such as between the cities of Leesburg and Mascotte, Tavares and Astatula, Groveland and Howey-in-the-Hills, etc., noting that staff has some issues with the extent of those areas and the potential of how to handle the overlaps. He pointed out the fact that what is shown on the map for the Clermont area is what they adopted last week, which includes the tail that goes down the commercial corridor, as well as the section west of CR 561, which includes part of the Green Swamp. He stated that a lot of the discussion related to the Green Swamp was whether having it in a city JPA would promote development, or whether it would serve as an extra layer of protection, and, based on the fact that the City of Clermont included it, they consider it to be an extra layer of protection.
Commr. Cadwell stated that he feels the language that will be put in the JPA and the rules that will be adopted for the JPA will spell it out.
Mr. Welstead stated that one of the key issues involved is the provision of services, at which time he questioned what the boundaries should be based on.
Commr. Cadwell stated that, when the County first had talks with the cities and then with the City of Clermont individually, the Board said that, if this was going to work, there needed to be realistic boundaries and not what has been in place for years, which is utility districts that were randomly drawn. He stated that Mr. Welstead needed to be empowered so that, when he talks to staff from the various cities, he can make them understand that the Board is talking about realistic JPAs - five year JPAs, not one hundred year JPAs. He stated that he does not feel the Board will support turning over 90% of the developable land in the County to all the cities. He stated that he was disappointed in the map, noting that he thought the direction the County was moving in with the City of Clermont was going to give everybody a firm picture of what the Board was talking about, but, apparently, that is not the case. He asked that staff provide him with a list of those cities that have a planning staff, as opposed to those that hire outside planners, between now and the next workshop dealing with this matter. He stated that the reason for said request is that he feels those cities that have to hire outside planners may not know the implications of the proposed JPA boundaries map and he feels they need to understand what it is that their staff, or hired individual, is committing them to, with regard to the proposed areas.
Mr. Welstead stated that staff has been tossing around the fact of whether or not to require the cities to submit some sort of report, or acknowledgment, of how they intend to service those areas within the next five to ten years.
Commr. Hill interjected that the Board is talking about all services and questioned whether the cities were talking about all services, as well.
Mr. Welstead stated that they were talking about the Chapter 180 districts.
Commr. Pool stated that he feels everyone wants to stake out their territory for the future, so they are looking at twenty and thirty years out, not five years. He stated that he feels some of the cities have made sure that the County knows they are there and that they want to grow, however, noted that the corporate limits are considerably smaller and will not grow by much, in his opinion, compared to the huge JPA areas.
Commr. Cadwell stated that he felt anything that looks much beyond a five year planning window is detrimental to the process and that Mr. Welstead needs to tell the cities that. He stated that the lines on the map before the Board this date are not realistic for 90% of the cities; therefore, it was not going to work for him.
Ms. Amye King, Principal Planner, Long Range Planning, questioned whether staff should ask the cities to include a projection for police and fire services, as well, and was informed that they should.
Mr. Bill Neron, County Manager, stated that staff needs to sit down and begin some very serious discussions with the cities regarding fire protection services and who is going to do what in the next three to five years.
Commr. Cadwell stated that he would like for staff to identify those cities that have drawn their lines to protect themselves from the encroachment of a neighboring city.
Commr. Hanson stated that she did not feel the lines drawn on the map before them was where the County wants to be in five, ten, or thirty years.
Commr. Pool stated that the Board needs to assure the cities that, as the areas develop and the County makes improvements in those areas, they will discuss with them the issues of water, density, sewer, etc. - that they will not do something on a grand scale without the cities’ input. He stated that keeping the cities involved in the process is important.
Commr. Hanson stated that the Board has got to have a real commitment not to approve land use amendments, because that is where they open the door to breaking down the County’s Comprehensive Plan. She stated that there have been a lot of changes over the years, since the County implemented it. She stated that it is not perfect, but it is what the County has and it works. She stated that she feels the Board really undermines it, when they do land use amendments, so they need to look at them very, very carefully.
Mr. Welstead asked for the Board’s direction regarding septic tanks and wells, at which time Commr. Cadwell stated that he felt the County was going to have to look at that particular issue with each JPA, because each city utility is different. He noted, however, that he did not want Mr. Welstead to say that everyone will be handled that way. He stated that, if the Board is comfortable with the fact that it is a true five year window, he feels it is something the County needs to help the cities with.
Mr. Welstead informed the Board that another issue that came up recently was, since the individual cities will be doing some sort of review, whether the County could add a fee for them to do that review to its fee structure.
Commr. Cadwell stated that the County has jeopardized some of the rights of the residents in the incorporated areas from here on out and to charge them more to do that is even more ludicrous to some people.
Mr. Welstead stated that he was fine with that, he just wanted to make sure that that was the direction the Board wanted to go. He suggested that, in the future, in all the cases that come before the Planning and Zoning Commission and the Board, staff notify each of the cities when it is close to them, to ensure that they look at it and consider it, if they choose to.
Commr. Cadwell stated that some of the smaller cities need to realize that those lines are out there and they are going to be obligated to vote one way or the other on things that they may not be interested in getting involved with.
Ms. King stated that there are situations where some smaller cities may not have the capacity to provide the services that the bigger cities have, but want to make sure that they have some sort of protection, therefore, questioned whether, when they are asked to put together a report, the Board wants them to report on all services, whether they have them or not, but may have a potential of having them within the next five years.
Commr. Pool stated that he felt the Board should not discourage their opportunity to plan, but feels they need to show the Board what their idea, goal, or objective is and not just say that someday they hope to provide said services.
Ms. King stated that perhaps staff can ask whether the cities have a Capital Improvements Plan (CIP) put together and, if so, to outline the high points of it and explain how it is going to justify their boundary.
Commr. Pool stated that he does not feel the County should try to persuade or encourage a landowner to go one way or the other, noting that it is a decision between a landowner and a utility provider who has the availability, the best rates, etc.
Mr. Sandy Minkoff, County Attorney, interjected that, if one is inside the JPA, they will be considered urban, and, if they are outside the JPA, they will be considered rural. He stated that each of the agreements that the County has been discussing with the cities state that the Board will not object to annexation inside the JPA and will not annex outside the JPA.
Commr. Cadwell stated that he did not have a problem with that, if the cities bring in a real JPA.
Mr. Welstead informed the Board that he received a letter from the East Central Florida Regional Planning Council concerning a request for funding, in the amount of $10,000, to aid in a Hwy. 441 bypass land use study. He stated that the study is being funded principally by the Expressway Authority, but they are requesting funding from a number of counties and cities as well.
Commr. Cadwell asked that the request be brought back to the Board for action at the Board Meeting scheduled for September 9, 2003.
Mr. Welstead then brought to the Board’s attention the fact that there was a lengthy discussion concerning the waiver of fines, or a reduction in fines, at the last Code Enforcement Board Meeting and questioned whether it was the Board’s desire for compliance, or to have people pay fines, and, if it was that people pay fines, whether they would be amenable to some sort of structured table that would describe what those fines might be.
Commr. Cadwell stated that he did not think it was a problem, although noted that a member of the Code Enforcement Board thinks it is. He stated that he feels the fines are used as a tool to get properties cleaned up, not to generate revenue. He stated that, if it does the job, he did not have a problem with the reductions, but, if it does not do the job, the County ends up doing what it currently does, which is take the property.
Commr. Hanson stated that she feels the County needs the compliance, but, if it can get the job done sooner by working with the fines, it might be a possibility.
Mr. Minkoff stated that staff would like to bring a plan back to the Board and, if they feel it is something they could endorse, the County could implement it.
It was the consensus of the Board for staff to do so.
REPORTS - COUNTY MANAGER
DRAFT LETTER TO SUMTER COUNTY REGARDING PROPOSED LANDFILL
Mr. Bill Neron, County Manager, requested direction regarding the draft of the letter to be sent to Sumter County concerning their proposed landfill, which had been deferred earlier in the meeting, noting that Sumter County was scheduled to meet and discuss the issue at 6:30 p.m. this date and staff needed to get the letter hand delivered to them, prior to said meeting.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the draft of the letter to be sent to Sumter County concerning the proposed Sumter County Class I Landfill.
OTHER BUSINESS (CONT’D.)
FUTURE BOARD MEETINGS
Mr. Bill Neron, County Manager, reviewed the schedule for the remainder of the Board Meetings for the month of September, noting that the meeting scheduled for September 16, 2003 was being cancelled, and, due to said cancellation, requested approval to have the discretion to add some Consent Agenda items, if needed, to the last meeting of the month, to keep the County’s business flowing, due to the fact that it will be the last meeting of the fiscal year.
Mr. Sandy Minkoff, County Attorney, informed the Board that, with regard to the Value Adjustment Board Meetings scheduled for this year, Special Masters are being used for the first time, so the Value Adjustment Board will just be approving the recommendations of the Special Master and, due to that fact, the Value Adjustment Board Meetings should be very short.
GROWTH MANAGEMENT WORKSHOP - JOINT PLANNING AREAS (CONT’D.)
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, informed the Board that he is scheduled to have the Joint Planning Agreement for the City of Clermont before the Planning and Zoning Commission tomorrow morning and, due to the fact that they have delayed it twice before, requested permission to bring it before the Board, if they choose not to act on it again.
It was the consensus of the Board that Mr. Welstead do so.
Mr. Welstead then questioned, if the Planning and Zoning Commission hears the JPA for the City of Clermont and decides they do not want to hear any more of them, whether the Board wanted each one of them to come back to them in the future. He stated that he would like to bring them before the Board, but would like for them to go before the Planning and Zoning Commission first.
Commr. Cadwell stated that he would hope the Planning and Zoning Commission would understand why the Board would like for them to look at the JPAs, but, if they do not want to do so, the Board will address the matter at the next scheduled Board Meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK