A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 4, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, November 4, 2003, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Others present were: Melanie Marsh, Assistant County Attorney; William A. “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell stated that there is an addendum to the agenda.
Mr. Bill Neron, County Manager, requested that Tab 3.3 be pulled until a later meeting and that Tab 8 be postponed.
Commr. Cadwell requested that two items be added to the agenda under his reports: (1) the City of Leesburg solid waste issue and (2) the Board’s position regarding funding for the Help America Vote Act which is before the U.S. House of Representatives.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved placing said two items on the agenda.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of October 7, 2003 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1-6, as follows:
Contractor Bonds - New, Riders and Cancellations
390-04 T. Graham Phillips dba B&C Contracting Company (Electrical)
1336-04 Coven Construction, Inc. (General Contractor)
1761-04 William D. Kimmins/Classic Plumbing, Inc.
4366-04 James A. Quarles (Residential Contractor)
4388-05 Richard Hirsch dba Hirsch Electric
4480-04 Roger Facemire (Roofing)
4607-04 Frederick S. Troesch dba Steve Troesch Plumbing
4917-04 Richard Horn dba R & R Electrical Allstar
4997-04 Barney W. Headrick/Barney’s Plumbing of Debary Inc.
5087-04 Paul A. Corp/Tender Plumbing Care, Inc.
5095-04 James Williams, dba Williams Sales & Services, Inc.
5115-04 Tom Duncan/dba Duncan Company (HVAC)
5329-04 James Armstrong, Armstrong Aluminum, Inc.
5387-04 Donna Lee Mahnken/Main Line Electrical Contractors, Inc.
5398-04 Edward Daniel Parker
5560-04 Douglas Carver dba Douglas Carver
5637-04 Ronald R. Howe/R. Howe, Inc. (Electrical)
5732-04 Michael Roberts dba Embiar Construction & Design
5748-04 Frank Oliver (General Contractor)
5769-04 Robert F. Jones dba Jones Plumbing, Inc.
5804-04 Richard P. Randolph dba All Electric of Orlando, Inc. (Bond No. OFL0529256)
5876-04 Danny Ferguson dba Danny Ferguson’s Repair & Installation
5878-04 Ronald Pileggi dba Audio Video Integration (Low Voltage Security System Contractor)
5889-04 Debbie L. May dba May-West Construction, Inc. (Spec Alum Structure)
5924-04 Greenblades of Central Florida, Inc. (Irrigation)
5990-04 Brian Shank dba Clermont Scapes, Inc.
6017-04 Jeffrey Bennet Irrigation, Inc. (Plumbing)
6034-04 Robin Pruitt (Electrical)
6059-04 William Cuddy (Plumbing)
6064-04 Earthscapes Unlimited, Inc. (Plumbing)
6078-04 Carbaugh Construction
6112-04 Rupert Nathoo (Plumbing)
6132-04 Tim Duncan dba Duncan Aluminum Designs, Inc.
6133-04 Bradley N. Plough dba A B P Electric
6134-04 Ralph Talsky dba Talsky’s Building Systems
6136-04 Anthony Hebert & Walter Rendzia dba H & R Improvers
6137-04 Richard Wilson/Florida Heritage Homes (Residential Building)
6138-04 Erin Sims dba Landform of Central FL, Inc.
6139-04 Randall J. Buchhold/Flo-Rite Pump & Irrigation, Inc.
6140-04 Michael Gentile dba Premier Landscape Service, Inc.
6088-04 Kevin M. Labadie of Labadie Electric, Inc. Bond is in effect 10-1-03 to 10-1-04
1784-04 Billy F. Owens (Masonry)
5628-02 Kyle Roe dba KGR Plumbing
5727-04 Frank L. De Santis dba De Santis Appliance & Air Conditioning Repairs
5804-04 Richard Randolph dba All Electric of Orlando, Inc. (Bond No. 21BSBA03797)
5820-02 Con-Air Service of Central Florida
5968-03 Bob’s Landscaping & Maintenance Co.
6065-03 Mermaid Pools of Central FL, Inc.
List of Warrants Paid
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.
Engagement Letter For Calculation of Arbitrage Rebate
Request for approval of Engagement letter from Ernst & Young for calculation of arbitrage rebate on the following debt: $69,615,000 Industrial Development Refunding Revenue Bonds. (NRG/Recover Group Project), Series 1993A (the Series 1993A Bonds). $4,400,000 Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program), Series 2000. $10,000,000 Revenue Note.
Public Service Commission
Request to acknowledge receipt of the following notice: Before the Florida Public Service Commission. In re: Application for transfer of facilities and Certificate Nos. 466-W and 400-S from Pennbrooke Utilities, Inc. to Utilities, Inc. of Pennbrooke, in Lake County. Docket No. 030236-WS; Order No. PSC-03-1104-CO-WS; Issued: October 6, 2003.Consummating Order: By The Commission: By Order No. PSC-03-1000-PAA-WS, issued September 5, 2003, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC-03-1000-PAA-WS has become effective and final. It is further ORDERED that this docket shall remain open. By ORDER of the Florida Public Service Commission, this 6th Day of October 2003.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending September 30, 2003. Disbursements due to Board: $168,762.24. Same period, last year: $138,722.57.
City of Mascotte - Ordinances
Request to acknowledge receipt of the following: City of Mascotte - Notice of voluntary annexation and proposed enactment of annexation ordinance number 2003-10-340 and 2003-10-342. 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, October 27, 2003, in the Mascotte Community Building, 121 North Sunset Avenue, Mascotte, Florida, intends to adopt and enact the proposed ordinances.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 24, pulling Tab 3.3 and Tab 8, and adding Addendum No. 1.I.A.1., as follows:
Budget and Administrative Services - Budget
Request for Budget Transfer - County Transportation Trust Fund, Department of Public Works, Special Services Division, Special Assessments Section, in the amount of $208,770.00 is requested. Transfer $208,770.00 from Reserve for Operations to Roads – Property Owners’ Share. Funds needed for the property owners’ portion of the special assessments for Quiet Lane. Funds available in Reserve for Operations.
Request for Budget Transfer - Renewal Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $407,000.00 is requested. Transfer $407,000.00 from Reserve for Operations to Buildings. Funds needed to award the request for proposal (RFP) for the architectural and engineering for the Citrus Ridge Library in the Renewal Sales Tax Capital Projects Fund. Project was formerly included in Sales Tax Capital Projects Fund; the Board of County Commissioners voted to move the project to this fund October 21, 2003. Funds available in Special Reserve.
Request for Budget Transfer – Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $400,000.00 is requested. Transfer $400,000.00 from Buildings ($350,000.00) and Special Reserve ($50,000.00) to Aids to Government Agencies. Funds needed for the maintenance agreement with the City of Leesburg regarding Leesburg Main Street approved by the Board of County Commissioners on September 23, 2003. The maintenance agreement pays $100,000 per year for four years beginning September 30, 2003 through September 30, 2006. Funds available in Buildings and Special Reserve.
Request for approval of Resolution 2003-188 to amend the County Library System Fund in order to receive unanticipated revenue for Fiscal Year 2003/2004 in the amount of $1,091.00 deposited into Other Miscellaneous Revenues and provide appropriations for the disbursement for Books, Publications and Dues for the purpose of assistance in the implementation and success of the literacy program.
Budget and Administrative Services - Procurement Services
Request for approval to declare items on the attached lists surplus to County needs; authorize donations and disposal as described; authorize removal from the fixed asset inventory of the traded-in items; and authorize the Procurement Services Director to sign the vehicle titles.
Request for approval and authorization to award RFP#03-109 Citrus Library, encumber funds and request the Chairman to sign the contract subject to the approval of the County Attorney’s Office to Harvard Jolly Clees Toppe Architects.
Request for approval to accept the FY 2003-2004 Community Development Block Grant (CDBG) Grant Agreement to carry out activities that will remedy infrastructure deficiencies and improve quality of life for the County’s low and moderate income citizens; authorize the Chairman’s signature and direct Department of Community Services to implement the programs covered under the Agreement.
Request for approval of a minor amendment to the Federal Fiscal Year 2003 One Year Action Plan which outlines proposed uses of Community Development Block Grant funds and direct the Department of Community Services to forward the amendment to the U.S. Department of Housing and Urban Development.
Request for approval and signature on Resolution 2003-189 authorizing submission of an application for a Public Library Construction Grant.
Economic Development and Tourism
Request for approval of the Master Agreement and the Agreement to Service the IDA between Lake County and the Economic Development Commission of Mid-Florida, Inc. for Fiscal Year 2003-2004 and quarterly payments totaling the amount of $231,645.00.
Request for approval of an Interlocal Agreement between Lake County and the City of Leesburg relating to Resort Tax funding for construction of the Sleepy Hollow Sports Stadium Project; transfer from Resort Tax Special Reserve in the amount of $400,000.00; and execution of related documents.
Request for approval of Resolution 2003-190 which recommends that Ironman North America Triathlon, Inc. be approved as a Qualified Target Industry, recommends the award of the Qualified Target Industry Tax Refund, and which commits to 20 percent matching funds not to exceed $16,000.00 over a four-year period.
Request for approval and execution of a Release of Fine for property owned by Margarito Huerta and Dora Ellia Del La Rosa (Case Number CEB 2002-12-0030).
Request for approval to execute the contracts between the Lake County Office of Human Resources and Information Access Systems of Orlando regarding the document imaging of Human Resources documents – RFP#03-083.
Request for approval to accept a Maintenance Map for Old Mt. Dora Road #4-4865.
Request for approval and execution of Resolution 2003-191 to initiate eminent domain proceedings for right of way and associated stormwater ponds (if needed) for unimproved roads in and around the Hilltop Subdivision in the Sorrento area located in Sections 19 and 20, Township 19 South, Range 28 East.
Request for approval to accept the following 20 Statutory Quitclaim Deeds, eight Statutory Warranty Deeds, two Non-Exclusive Easement Deeds, and three Drainage Easements.
Statutory Quitclaim Deeds
Raymond P. Brown, Gere Lane, OR Book 2387, Page 0951
Frank & Stephanie Cianciola, Thoroughbred Trail, OR Book 2391, Page 2170
Charles D. Pool, Jr., and Stephanie R. Poole, N. Buckhill Rd., RD# 2739, OR Book 2405,
Miguel & Amelia Gomez, Shetland Trail, OR Book 2406, Page 2177
Dennis Wayne & Patricia Ann Henderson, Shetland Trail, OR Book 2391, Page 2173
Bruce & June P. Lawrence, Shetland Trail, OR Book 2410, Page 0998
Robert O. Thomas, Shetland Trail, OR Book 2425, Page 0501
Beverly J. Lane, Shetland Trail & Appaloosa Trail, OR Book 2406, Page 2183
Lester W. & Maren I. Anderson, Shetland Trail & Thoroughbred Trail, OR Book 2384,
Mildred E. Beatty, Shetland Trail & Thoroughbred Trail, OR Book 2391, Page 2176
Cleaven Eugene Abston, Thoroughbred Trail, OR Book 2414, Page 0201
Mason Bagwell, Thoroughbred Trail, OR Book 2387, Page 0948
James E. & Nanette G. Burdick, Thoroughbred Trail, OR Book 2401, Page 2200
Russell J. & Joyce M. Kaminsky, Thoroughbred Trail, OR Book 2384, Page 2336
Robin D. & Lori W. Johnson, Thoroughbred Trail, OR Book 2421, Page 1950
Betty Lou Lynn, Thoroughbred Trail, OR Book 2426, Page 0962
Mary Jane Reynolds, Thoroughbred Trail, OR Book 2421, Page 1947
Harvey R. Rowe, Sr. & Vannie E. Rowe, Thoroughbred Trail, OR Book 2387, Page 0954
Rick Seay, Thoroughbred Trail, OR Book 2406, Page 2180
James E. & Darlene L. King, Welsh Trail, OR Book 2406, Page 2187
Statutory Warranty Deeds
Green Swamp Grove, Inc., Dwights Rd, RD# 0539, OR Book 2406, Page 2165
Green Swamp Grove, Inc., Dwights Rd, RD#0539, OR Book 2406, Page 2168
Green Swamp Grove, Inc., Dwights Rd, RD#0539, OR Book 2406, Page 2171
Green Swamp Grove, Inc., Dwights Rd, RD#0539, OR Book 2406, Page 2174
Rejeanne Brousseau, Gere Lane, OR Book 2436, Page 0965
Edward A. & Susan M. James, Turkey Lake Road, RD#2924, OR Book 2374, Page 2095
W. Bernard & Scarlett B. Webb, Orange Blossom Rd, RD#2381, OR Book 2418,
Thomas E. & Karen J. Weber, S. O’Brien Rd, RD#2227, OR Book 2374, Page 2091
Non-Exclusive Easement Deeds
The District Board of Trustees of Lake-Sumter Community College,
Oakley Seaver Blvd., OR Book 2420, Page 1417
Faith Lutheran Church at Eustis, Florida, RD#4865, OR Book 2406, Page 1425
Jene M. Oliver, Griffin Dr., RD#5310C, OR Book 2418, Page 2170
John M. & Rhonda G. Paynter, Griffin Dr., RD#5310C, OR Book 2410, Page 2194
Clifford A. & Ethel M. Twetan, Griffin Dr., RD#5310C, OR Book 2398, Page 0220
Request for approval and authorization to execute Resolution 2003-192 accepting Martin Street “Part” (County Road Number 6387) and Clara Street “Part” (County Road Number 6487) into the County Road maintenance; acceptance of a Non-Exclusive Easement Deed and Drainage Easement for the above roads and Tract “B” (retention area) all relating to Clar-Mart Phase Two – Commission District 5.
Request for approval of the Federal Funded Subgrant Agreement for Phase II Obligation of Funding for the Green Swamp culvert replacement.
Request for approval and authorization to accept the final plat for Fox Meadow Subdivision; accept a Bond for Maintenance in the amount of $15,700.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Fox Meadow, LLP; and execute Resolution 2003-193 accepting Fox Meadow Trail (County Road Number 0766) into the County Road maintenance system all relating to the Fox Meadow subdivision. Subdivision consists of 15 lots – Commission District 2.
Request for approval and authorization to accept the final plat for Pennbrooke Fairways, Phase 1J Subdivision and all areas dedicated to the public as shown on the Pennbrooke Fairways, Phase 1J Subdivision plat. Subdivision consists of 23 lots – Commission District 1.
Request for approval and authorization to release a Letter of Credit for Performance in the amount of $62,376.60; accept a Letter of Credit in the amount of $28,830.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and K & H Joint Ventures; and execute Resolution 2003-194 accepting Dovehill Lane (County Road Number 08401), Mason Loop (County Road Number 0840J) and Wishing Well Lane (County Road Number 0840K) into the County Road maintenance system all relating to the Highland Groves, Phase 1 subdivision.
Request for approval and authorization to release a Letter of Credit for Performance in the amount of $402,428.00; accept a Letter of Credit in the amount of $45,277.99; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and the Greater Construction Corporation; and execute Resolution 2003-195 accepting Egret Hill Street “Part” (County Road Number 0260F), Hawk Hill Street (County Road Number 0259F), Heron Hill Street “Part” (County Road Number 0259D), Holly Grove Boulevard “Part” (County Road Number 0259), Ibis Hill Street “Part” (County Road Number 0259E) into the County Road maintenance system all relating to the Orange Tree, Phase 3 subdivision.
Request for approval and authorization to advertise for bids for: Lake Kathryn Community Development Block Grant Phase III Paving Project No. 2004-04 at an estimated cost of $495,168.00 – Commission District 4. Funding will be through the Community Development Block Grant.
Addendum No. 1 - Public Works
Request for approval and authorization to accept the final plat for Lake Harris Ridge Subdivision; accept a Letter of Credit for Maintenance in the amount of $8,792.50; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Big Gator Development, Inc.; and execute Resolution 2003-196 accepting Sunnyridge Court (County Road Number 4025A) into the County Road maintenance system all relating to the Lake Harris Ridge subdivision. Subdivision consists of 11 lots - Commission District 1.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
Presentation of Award to Employees with Five Years of Service
Tracey L. Dougherty, Network Technician, Budget & Administrative Services/
Steven T. Ellis, Firefighter/EMT, Public Safety/Fire & Rescue
Timothy S. Roe, Firefighter/EMT, Public Safety/Fire & Rescue
Michell L. Woodward, Firefighter/Paramedic, Public Safety/Fire & Rescue
Frank R. Carattini, Firefighter/EMT, Public Safety/Fire & Rescue
Kelly L. Lafollette, Webmaster, Budget & Administrative Services/Information Technology
Amy D. Bradford, Administrative Office Associate I, Community Services/
Paul E. Rogers, Firefighter/EMT, Public Safety/Fire & Rescue
Presentation of Award to Employees with Ten Years of Service
Leonard E. Connell, Equipment Operator I, Public Works/Road Operations/Maintenance
Frank W. LaFleur, Public Safety Executive Coordinator, Public Safety/Fire & Rescue
Presentation of Award to Employees with Fifteen Years of Service
Douglas J. Auriemma, Firefighter/EMT, Public Safety/Fire & Rescue
Connie L Nicholson, HR Associate, Human Resources/Personnel
Richard J. Miller, Sign/Striping Technician, Public Works/Road Operations/Sign Signals
Fletcher D. Smith, Community Services Director, Community Services/Administration
Presentation of Award to Employee of the Quarter
John Kruse, Senior Planner, Growth Management/Planning & Development/
Presentation of Work Group Recognition
Fire & Solid Waste Assessments, GIS and Property Appraiser Team
Julia Wilson, Senior Budget Analyst & Assessment Manager, Budget & Administrative
Tom Eicher, Environmental Inspector, Environmental Services
Cindy Heffler, Customer Services Specialist III, Environmental Services
Carol Boyle, Senior Assessment Specialist, Budget & Administrative Services
Leon Burton, Environmental Inspector, Environmental Services
Lori Davis, Data Warehouse Administrator/Unix Systems Administrator, Growth
Debbie Hammond, Computer Operations Director, Property Appraiser
Frank Royce, Chief Deputy Appraiser, Property Appraiser
Robbie Ross, Tangible & Agricultural Director, Property Appraiser
Bright Idea Award
Roseann Johnson, Contracting Officer, Budget & Administrative Services/Procurement
Comments - Work Group Recognition
Commr. Cadwell publicly thanked Mr. Ed Havill, Lake County Property Appraiser, for the role he and his office played in the software program process which won today’s Work Group Recognition Award. By combining data on two separate software systems and placing the assessments on the TRIM (Truth in Millage) notices recently sent to Lake County citizens, a savings in excess of $50,000 per year in taxpayers’ dollars was realized and the program allowed citizens to receive all pertinent assessments on a single notice.
Comments - Hilltop Subdivision, Sorrento - Resolution 2003-191
Mr. Jim Stivender, Public Works Director, showed a map (included in the backup material, County Manager’s Consent Agenda, Tab 16) of the Hilltop Subdivision in Sorrento and explained that a portion of the roads was paved through a special assessment fifteen years ago on the north end of the subdivision. Some homeowners in the balance of the subdivision refused to dedicate their interests in the roads and prohibited the road paving project from moving forward. Most of the homeowners want to proceed with a special assessment and the County now plans some type of acquisition of the parcels, all of which already have easements.
Commr. Hanson recognized the property owners, especially Ms. Betty Ann Christian, from the subdivision who have worked for many years to get the roads paved through the special assessment.
Ms. Betty Ann Christian expressed her appreciation to the Board, noting that during a recent rain residents could not drive on the impassable roads. She recognized Mr. Pete Stadler, who was present in the audience, for his help through the years.
PUBLIC HEARING - ORDINANCE - OPEN AIR VENDORS
Ms. Melanie Marsh, Assistant County Attorney, placed the following proposed Ordinance, relating to open air vendors, on the floor for its second and final reading, by title only, and noted that it would be Ordinance No. 2003-98 if adopted by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING AND REPLACING SECTION 10.03.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED OPEN AIR VENDORS; REPLACING SECTION 10.03.00 WITH PROVISIONS GOVERNING TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR A PURPOSE; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT FOR TEMPORARY USES AND SPECIAL EVENTS; RESTRICTING TEMPORARY USE AND SPECIAL EVENT PERMITS TO FOURTEEN (14) DAYS FROM THE DATE OF ISSUANCE; PROHIBITING TEMPORARY USES AND SPECIAL EVENTS FROM OCCURRING ON THE SAME PROPERTY MORE THAN TWICE IN A TWELVE (12) MONTH PERIOD; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; REMOVING THE DEFINITION OF OPEN AIR VENDOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Hanson commented that this issue came before her about a year ago from the City of Eustis because the City was implementing a similar ordinance. The City’s concern was that open air vendors could leave the City and move into the County. Since that time, Eustis has not been stringent in implementing their ordinance and a transition has occurred whereby many of the established Lake County car dealers are also holding tent sales on their properties as an extension of their businesses. She recommended that the Board oppose the proposed ordinance, possibly researching the issue further at a later date.
Commr. Stivender agreed with Commr. Hanson and commented that this is just another layer of unnecessary regulation.
Commr. Pool commented that there are instances where established businesses, with overhead such as taxes, insurance and other property costs, are in competition for tee shirts, trinkets and food items with those who work from carts, trailers, trunks or tents. He suggested that, at some later date, vendors who come from another county and who have no interest in Lake County other than taking business away from existing, established businesses could be identified. He stated that he would not support the proposed ordinance.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. He noted that no one present was in support of the proposed ordinance.
Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, stated that she represents a group of Florida auto dealers, several of whom are present to testify that this is not a good ordinance. She requested that the Board vote against the proposed ordinance.
There being no further public comment, Commr. Cadwell closed the public hearing portion of the meeting and reserved comment to the Board.
Commr. Hanson suggested that there may be some amendments in other areas that will be necessary. She expressed her appreciation to staff for doing the research on the proposed ordinance.
Regarding concern with out-of-county businesses, Commr. Hill remarked that creating selective legislation might create some bad laws. While further research on the issue can be done, she opined that the current ordinance is fine.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board voted to not approve the proposed ordinance relating to open air vendors.
BREAST CANCER AWARENESS MONTH
Commr. Cadwell noted that Commr. Hanson had requested, and the Board approved, Proclamation 2003-175 proclaiming October as Breast Cancer Awareness Month in Lake County during the Board’s meeting on October 7, 2003.
AMERICAN HEART ASSOCIATION - HEART SAFE COMMUNITY
Chief Jack Fillman, Lake County Fire/Rescue, stated that Lake County Fire/Rescue, in association with the American Heart Association, has worked diligently to make Lake County a “Heart Safe Community.”
Ms. Shelby Anderson of the American Heart Association congratulated Lake County Fire/Rescue for its efforts to strengthen the chain of survival by placing Automated External Defibrillators (AEDs) throughout the community. In addition, Lake County Fire/Rescue has offered free CPR (cardiopulmonary resuscitation) and AED training to community groups, which encourages more and more people to learn the lifesaving skills of CPR and AED. She explained that every year approximately 250,000 Americans suffer sudden cardiac arrest (SCA) and only 5% of those individuals survive. This is a very low statistic and Lake County Fire/Rescue has recognized and worked on this problem by placing AEDs in the County. She also congratulated Lake-Sumter Emergency Medical Services (EMS) for their efforts toward education and placement of AEDs in the community. She noted that Mr. Jim Judge, Executive Director of Lake-Sumter EMS, was the Chairman of the Regional Heart Association AED Committee last year. She commended the two groups for working together. She presented the “Heart Safe Community” award from Medtronic Physio-Control to Chairman Cadwell and presented certificates, on behalf of the American Heart Association, to Chief Jack Fillman of Lake County Fire/Rescue, and Mr. Mike Hilliard, Training Officer for Lake-Sumter EMS.
Mr. Bill Neron, County Manager, publicly thanked Mr. Judge and his paramedics for assisting in giving flu shots today to County employees in cooperation with the Lake County Health Department.
PUBLIC HEARING - ORDINANCE - ADDRESS NUMBERS
Ms. Melanie Marsh, Assistant County Attorney, placed the following proposed Ordinance, relating to address numbers, on the floor for its first and final reading, by title only, and noted that it would be Ordinance No. 2003-98 if adopted by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 18-101, LAKE COUNTY CODE, ENTITLED ADDRESS NUMBERS; PROVIDING FOR SIZE REQUIREMENTS OF ADDRESS NUMBERS; PROVIDING FOR A CHANGE IN THE DEPARTMENT ISSUING ADDRESS NUMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Hill requested clarification on three points. The proposed ordinance language regarding placement of address numbers refers to a certain distance from the “right-of-way” and also refers to a certain distance from the “roadway.” Next, in verifying that this is a change to the Code, she inquired whether it complements the sign ordinance in the Land Development Regulations. Commr. Hill also inquired how much time will be allowed for compliance.
Ms. Marsh remarked that there might be an exemption in the actual sign code for the 911 addressing and she will verify that. The proposed ordinance specifies that it will become effective when the Clerk of the Board receives notice that it has been filed with the Department of State. Ms. Marsh suggested that the Board could add a provision that designates a length of time in which to comply.
Commr. Stivender stated that she understands that the proposed ordinance would apply to new permits and would not be retroactive to existing residences and businesses.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed and comment was reserved to the Board.
A motion was made by Commr. Stivender and seconded by Commr. Hanson for approval of Ordinance 2003-98, relating to address numbers.
Under discussion, Ms. Marsh clarified that the effective date will remain as is. She stated that the language referring to “right-of-way” and “roadway” will be made consistent.
Commr. Stivender pointed out that language in the Land Development Regulations refers to right-of-way or edge of pavement and should be 62 feet from the center line or 25 feet from the road right-of-way.
Ms. Marsh stated that both terms will be added or clarified.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, stated that, because this is an adoption of Florida Building Code, there could be some specific provisions that the proposed ordinance should be consistent with and that will be clarified and the language will be consistent.
Chairman Cadwell called for a vote on the motion which was carried unanimously, by a 5-0 vote.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one wished to address the Board at this time.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC WORKS - ROADWAY TRANSFER AGREEMENTS WITH FDOT
Mr. Jim Stivender, Public Works Director, referred to a map of the section of SR 44 (Orange Avenue) and CR 44B that is proposed for two Roadway Transfer Agreements between Lake County and the Florida Department of Transportation (FDOT). (A copy of the map is included in the backup material.) He noted that Tabs 27 and 28 will be discussed together and that Lake County has been working on this potential swap with FDOT for several years. Because traffic is directed around Eustis, by route markers at the intersection of US Highway 441 (US 441) and CR 44B, north on CR 44B to SR 44, then west to SR 19, traffic counts on two-lane CR 44B now approach almost 20,000 ADTs (average daily trips). The County has been considering resurfacing CR 44B and there is a request in the Legislative agenda for funding for four-laning this section of roadway. Also, because CR 44B is part of the route to Deland, this significant short section of roadway tends to be a regional issue rather than a local issue. Tab 27 is a request for approval of a resolution and an agreement between Lake County and FDOT for transfer of SR 44, from SR 19/Bay Street to CR 44B, from the State roadway system to the Lake County roadway system. Mr. Stivender pointed out that Section 5 on Page 1 of the SR 44 transfer Agreement involves the FDOT’s responsibility for completion of stormwater retrofits in the downtown Eustis area at the intersection of SR 19 and SR 44. He stated that the Agreement language will be finalized regarding that commitment. Tab 28 is a request for approval of a resolution and an agreement between Lake County and FDOT for transfer of CR 44B, from SR 44 to US 441, from the Lake County roadway system to the State highway system. He stated that the County will still support CR 44B as a Legislative request for four-laning.
In response to an inquiry by Commr. Stivender regarding the public’s misunderstanding and confusion about the different 44 roadways, Mr. Stivender remarked that changes have been attempted in the past, but SR 44, CR 44, CR 44A and CR 44B still create confusion. He suggested that street names should be emphasized instead of route numbers.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Roadway Transfer Agreement and supporting Resolution 2003-197 between Lake County and Florida Department of Transportation requesting transfer of SR 44, from SR 19/Bay Street to CR 44B, from the State roadway system to the Lake County roadway system, clarifying and finalizing the Agreement language to assure that the State will be responsible for the completion of stormwater management projects near downtown Eustis; and the Board approved the Roadway Transfer Agreement and supporting Resolution 2003-198 between Lake County and Florida Department of Transportation requesting transfer of CR 44B, from SR 44 to US 441, from the Lake County roadway system to the State roadway system.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS - ADDENDUM NO. 1
PUBLIC WORKS - INTERLOCAL AGREEMENTS - CITY OF LEESBURG
Mr. Jim Stivender, Public Works Director, requested approval of an Interlocal Agreement with the City of Leesburg for Traffic Signal Maintenance, as well as the budget transfer in the amount of $59,600.00, which includes funding for one position and associated necessary equipment. He also requested approval of an Interlocal Agreement for Fiber Optic Services with the City of Leesburg, as well as a budget transfer of $40,576.00. These Agreements, requested by the City, basically make a seamless thread of who is in charge of maintenance along the US Highway 441 corridor and some other areas. The City of Leesburg is committed to working with the County should an issue arise and the City’s equipment is needed.
In response to Commr. Stivender’s inquiry regarding the existing agreement between the City of Tavares and the City of Leesburg, Mr. Kristian Swenson, Road Operations Director, stated that there is a 120-day notice period and the City of Leesburg will send a notice to the City of Tavares and the City of Fruitland Park. During that time, an agreement can be negotiated with the City of Tavares.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Interlocal Agreement for Traffic Signal Maintenance with the City of Leesburg, as well as the budget transfer of $59,600.00 which includes funding for one personnel position and associated necessary equipment; and the Board approved the Interlocal Agreement for Fiber Optic Services with the City of Leesburg, as well as the applicable budget transfer in the amount of $40,576.00.
Mr. Lloyd Shank, City of Leesburg, thanked County Manager Bill Neron, Mr. Stivender and especially Mr. Swenson, whose idea these agreements were. He stated that the City looks forward to working with County staff.
REPORTS - COUNTY ATTORNEY
GREATER ORLANDO AREA LEGAL SERVICES, INC. (GOALS)
Ms. Melanie Marsh, Assistant County Attorney, requested approval for a renewal through June 30, 2004, of an agreement with the Greater Orlando Area Legal Services, Inc. (GOALS) to do appellate work in dependency and termination of parental rights cases. She noted that, once revisions to Article V of the Florida Constitution go into effect, some of the costs will probably be taken over by the State.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved a renewal Agreement with the Greater Orlando Area Legal Services, Inc. (GOALS) from October 1, 2003, through June 30, 2004, for appellate work in dependency and termination of parental rights cases.
Ms. Melanie Marsh, Assistant County Attorney, requested permission to hire outside counsel to represent Lake County regarding Orlando Utilities Commission’s (OUC) application to the St. Johns River Water Management District for a consumptive use permit in the event an agreement cannot be reached with Orange County to use the outside counsel they will retain.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved to place on the agenda the issue of permission to hire outside counsel to represent Lake County regarding OUC’s application to the St. Johns River Water Management District.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s request for permission to hire outside counsel to represent Lake County, in the event an agreement cannot be reached with Orange County to use the outside counsel they will retain, in regard to Orlando Utilities Commission’s (OUC) application to the St. Johns River Water Management District for a consumptive use permit.
REPORTS - COMMISSIONER HILL - DISTRICT #1
MARCH OF DIMES
Commr. Hill stated that the March of Dimes has launched a $75 million, five-year national campaign to raise public awareness of premature births. She requested approval of a resolution declaring November 18, 2003, as March of Dimes’ Prematurity Awareness Day. She announced that November 18, 2003, is also Blue Jeans for Babies Day which is a March of Dimes fundraising event. Blue Jeans for Babies Day tee shirts can be purchased at any of the Lake County Tax Collector’s offices beginning November 13, 2003.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved Resolution 2003-199 declaring November 18, 2003, as March of Dimes’ Prematurity Awareness Day.
AGRICULTURAL ADVISORY COMMITTEE
Commr. Hill stated that the Agricultural Advisory Committee has requested that the Board consider reworking the Ag Committee ordinance in an effort to have a better committee member representation. She suggested the possibility of making specialized appointed slots where each agriculture venture in the County, such as the Farm Bureau or the nursery association, is represented on the Board. She pointed out that having several committee members from the same agency, such as the Farm Bureau, can create a problem with Florida’s Sunshine Law because they would not be able to discuss committee issues outside of a committee meeting.
Commr. Cadwell commented that a half-day retreat should be scheduled to discuss all the County’s committees and other similar issues.
It was the consensus of the Board that the County Attorney can begin work on a different structure for the Agricultural Advisory Committee and the County Manager will schedule a workshop, within the next three months, to discuss the other County committees.
REPORTS - COMMISSIONER POOL - DISTRICT #2
PROPERTY PURCHASE FOR SOUTH LAKE COUNTY ANNEX
Commr. Pool stated that questions have been raised regarding the purchase of property for the South Lake County Annex and whether the current location is the most prudent and most cost effective. He suggested that other suitable locations, within the SR 50/US Highway 27 corridor, could be considered even though the closing date on the property owned by South Lake Hospital is set for November 10, 2003.
Commr. Cadwell opined that the seller, South Lake Hospital, might grant an extension on the contract with the understanding that the County is preparing to conduct a space study. He pointed out that this issue was on track when the current County Manager, Mr. Bill Neron, was hired. He remarked that, perhaps, due diligence has not been done because of issues with the Constitutional Officers, other users and the City of Clermont. He suggested that the Hospital be asked for a continuance.
Ms. Melanie Marsh, Assistant County Attorney, explained that the contract closing date is scheduled for November 10, 2003, for property owned by South Lake Hospital. An easement still must be released, a survey has not been done and a title commitment and other closing documents have not been prepared. There is a $10,000 escrow deposit that could be forfeited to the Hospital if the County chooses to not go forward prior to the closing date. If the contract is not extended and if the County goes to the closing but the Hospital is not able to resolve these issues, the County could walk away from the contract, retaining the $10,000 escrow deposit. There is also another possibility that the contract could be extended by both parties. She noted that, because the County knew there was an easement issue, there is a specific provision in the contract that says the Hospital is responsible for removing it, and if they do not remove it by the time of closing, the County can terminate the agreement.
Mr. Bill Neron, County Manager, stated that it might take nine months to one year to hire someone to conduct a space study, complete the study and have it acted on by the Board. He stated that there will always be property coming on and going off the market. He suggested that the Board request an extension of one year.
Commr. Hanson stated that an extensive study of the area for comparable properties has been done.
Commr. Pool opined that the County is contracted to pay a premium price for the Hospital’s property but there may be more cost effective properties nearby.
Commr. Stivender pointed out that some of the Constitutional Officers already lease space in south Lake County and may not want space in the annex.
Commr. Pool stated that the right property at the right price should be approved. He requested a delay at this time.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved to place on the agenda the issue of the purchase of property for a South Lake County Annex.
Mr. Jim Stivender, Public Works Director, stated that appraisals have been done on the property owned by the Hospital, the land is clear environmentally, water and sewer are close by and available and the property is on a paved road. He stated that those are all components of the value of land and this is a 20 to 30-year investment. He added that the City of Clermont approved a total of 150,000 square feet of building space on the property while 30,000 square feet of space is planned at this time.
Commr. Pool reiterated that there may be other properties within the corridor that may be more cost effective and a couple of pieces of property have been brought to his attention.
A motion was made by Commr. Pool and seconded by Commr. Stivender for Board approval that the County would request a one-year extension from South Lake Hospital to purchase property for the South Lake County Annex and not close on November 10, 2003, because of the cost, the need for a space study and the need for input from all the affected parties.
Ms. Marsh requested clarification that, if the Hospital does not agree to an extension, the Board will terminate the agreement and will not close on November 10, 2003.
Commr. Pool amended his motion to include that in the event the one-year extension is not granted the County will terminate the agreement and will not close on the property on November 10, 2003.
Commr. Stivender amended her second to the motion to include this language.
Mr. Neron stated that he has a clear direction from the Board on how to proceed on this issue.
Commr. Stivender stated that she and Commr. Hill have requested space studies before purchases are made and expansion is done. She stated that the need should be known before property is bought.
Commr. Hanson remarked that a space study was done in the early 1990s but things have changed and a new study should be done.
Commr. Hill asked for clarification that the County is pulling away and will not go to the closing on November 10, 2003.
Commr. Pool responded that he is asking that the closing not take place. He is asking for a one-year extension of the contract. If the Hospital is not willing to give the extension, he believes that particular price for that property is not right for the South Lake County Annex.
Commr. Hill inquired if Commr. Pool is willing to lose the $10,000 escrow money.
Commr. Pool responded that the escrow money may come back from the Hospital.
Commr. Cadwell called for a vote on the motion which carried by a vote of 4-1.
Commr. Hill voted “no.”
Commr. Pool stated that there is a brochure circulating in an effort to raise awareness of those in need in south Lake County and throughout the County. He wanted the Board to be aware that there is erroneous information in the brochure that indicates that Lake County is the 6th poorest county in the nation. He explained that the information was taken from a newspaper article. He remarked that worthwhile causes should be supported but erroneous information should not be used.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
LAKE JEM AREA FIRE STATION
Commr. Stivender announced that she has a meeting later today in the continuing effort to find a site for a fire station in the Lake Jem area.
LAKE COUNTY FOOD DRIVE
Commr. Stivender reminded the Board that the Lake County Food Drive will be held November 6 through December 4, 2003. The food drive is being coordinated by the Lake County Public Safety Department.
LAKE COUNTY DAY
Commr. Stivender announced that Lake County Day in Tallahassee has been changed to Thursday, February 19, 2004.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
Commr. Hanson stated that Dr. Mary Anderson, Ms. Denise Gainer, Lake County Environmental Services, and Ms. Blanche Girardin, Lake County Environmental Services Director, were instrumental in the effort to establish a Wetlands Day in Lake County.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved Proclamation 2003-200 proclaiming November 24, 2003, as Lake County Wetlands Day.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN & DISTRICT #5
HELP AMERICA VOTE ACT
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the request from NACo (National Association of Counties) for a letter from Lake County urging U.S. House of Representatives’ conferees to support restoring funding, on the federal level, for local governments to be able to comply with the Help America Vote Act (HAVA).
INTERLOCAL AGREEMENT BETWEEN LEESBURG AND LAKE COUNTY -
DISPOSAL OF SOLID WASTE
Commr. Cadwell stated that he received a copy of an agenda item for the November 10, 2003, Leesburg City Commission meeting regarding termination of the City’s solid waste disposal interlocal agreement with Lake County. He suggested that a letter be written to the City requesting that they table this item until the Covanta incinerator issue can be settled and until a joint meeting is held between the City and the County regarding solid waste and any other issues that might be forthcoming.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved sending a letter to the City of Leesburg requesting that the City table the issue of the termination of the solid waste disposal interlocal agreement between the City and Lake County and requesting a joint meeting between the Leesburg City Commission and the Lake County Board of County Commissioners to discuss solid waste and any other issues that might be forthcoming.
REPORTS - COUNTY ATTORNEY (CONTINUED)
REQUEST FOR CLOSED SESSION
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved to place on the agenda a request by the County Attorney to hold a Closed Session on November 18, 2003, regarding the Covanta incinerator.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved a request by the County Attorney to hold a Closed Session at 10:00 a.m., November 18, 2003, regarding the Covanta incinerator.
FLORIDA DEPARTMENT OF HEALTH
Dr. Bonnie J. Sorensen, Deputy State Health Officer, Florida Department of Health, remarked that she feels at home in Lake County, having attended the Mount Dora Bicycle Festival for fifteen years. She thanked the Board and the County, particularly Mr. Rodger Amon of the Lake County Health Department, for support of the local Health Department. She stated that the Florida Department of Health, as a State agency, is beholden to the community and supports the local health departments 100% to meet the needs of the community. She commented that the State agency is struggling with budget and legislative issues. She reiterated her appreciation of support for the local county health department and offered her assistance at the State level.
Commr. Cadwell commented that Mr. Amon has done a great job for Lake County and that he and Fletcher Smith, Director of Community Services, have formed a good partnership.
REPORTS - COMMISSIONER CADWELL (CONTINUED)
Commr. Cadwell reminded the Board that the first Board meeting in December (December 2) is the organizational meeting. There is no Board meeting on Tuesday, November 11, 2003, because of Veteran’s Day and the next Board meeting, November 18, 2003, is a regular meeting with zoning and road vacations as well as Student Government Day.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:20 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK