A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 6, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, July 6, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. 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 Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, stated that there is an Addendum with four consent agenda items and a closed session. Mr. Minkoff stated that he will request another closed session during his report portion of today’s meeting.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 1, Items 1-9, as follows:
Contractor Bonds - New, Reinstatements, Riders
6189-04 Nathan Slomowitcz dba Whisper Winds Landscaping, Inc.
4628-04 Daniel R. Herndon dba Star Management
1568-04 Change of Principal’s name from Dennis & Joel Williams dba Sun State Aluminum to Sun State Aluminum LLC
4244-05 Change of Principal’s name from William E. Sands, Jr. to William E. Sands dba W. E. Sands Construction, Inc.
4587-04 Change of Principal’s address (Tim Coyle dba Central Florida Concrethehipes) from PO Box 1234, Eustis FL 32727 to 19627 Spring Oak Dr., Eustis FL 32736. Effective April 2, 2004.
4587-04 Principal’s name is to read as: Tim Coyle dba Central Florida Concrete (Masonry Contractor). Effective as of the beginning of April 30, 2004.
5769-04 Change of Principal’s name from Jones Plumbing Repair Service to Robert Fain Jones, Jones Plumbing Service, Inc.
6045-04 Change Principal’s name to read: Larry Galdonik dba Company Harvest Construction, Inc.
List of Checks or Warrants Paid
Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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, Month Ending 31 May 2004. Disbursements due to Board: $202,481.13. Same period last year: $162,779.01
Application for Water Certificate - Oak Springs, LLC
Request to acknowledge receipt of Notice of Application for an Initial Certificate of Authorization for a Water Certificate. Notice is hereby given on May (blank), 2004, pursuant to Section 367.045, Florida Statutes, of the application of Oak Springs, LLC, 12 Highland Street, Sorrento, Florida 32776, to operate a water utility to provide service to portions of described territory in Orange and Lake Counties.
Request to acknowledge receipt of Notice of Application for an Original Certificate of Authorization for a Water Certificate. Notice is hereby given on May 29, 2004, pursuant to Section 367.045, Florida Statutes, of the application of Oak Springs, LLC to operate a water utility to provide service to portions of described territory in Orange and Lake Counties.
Florida Midland Railroad Company - Abandonment Exemption
Request to acknowledge receipt of Surface Transportation Board Decision - STB Docket No. AB-325 (Sub-Number 2X) - Florida Midland Railroad Company - Abandonment Exemption - in Sumter and Lake Counties, FL - Decided May 27, 2004.
City of Leesburg Annexation Ordinance No. 04-30
Request to acknowledge receipt of Ordinance No. 04-30, from the City of Leesburg, annexing certain real property, consisting of approximately 26.26 acres and being generally located south of U.S. Highway 441, in the area of the Leesburg Regional Airport, lying in Sections 16, 21, 22 and 28, Township 19 South, Range 25 East, Lake County, Florida, which is contiguous to the City limits of the City of Leesburg, Florida. Passed and adopted at the Regular Meeting of the City Commission of the City of Leesburg, Florida, held on the 24th day of May 2004.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $10,754.42 for transfer from Clerk’s account to the Board of County Commissioners’ account.
Satisfaction of Judgment
Request for approval to fully release and discharge State of Florida vs. James B. Hammons, Case No. 2000CF000647, in consideration of the sum of $750.00, the Final Judgment Assessing Attorney’s Fees and Costs which was entered on the 24th day of May 2000 and recorded in OR Book 1843, Page 2322 of the Public Records of Lake County, Florida.
(NOTE: This is a duplicate Satisfaction of Judgment. The original Satisfaction was approved by the Lake County Board of County Commissioners on December 4, 2001, and was recorded in OR Book 2040, Page 1568, of the Public Records of Lake County, Florida, on December 12, 2001.)
Inventory of Fixtures and Other Tangible Personal Property
Request for approval to inventory fixtures and other tangible personal property with a value of $1,000 or more and to delete from the inventory records property with a value less than $1,000, effective July 1, 2004. Background & Summary: Section 274.02, Florida Statutes, pertaining to the value of fixtures and tangible personal property which must be included in the County’s inventory records, was recently amended. Effective July 1, 2004, property with a value of $1,000 or more and a useful life of more than one year must be included in inventory records. The limit was previously $750.00.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender stated that the County Manager’s Consent Agenda consists of Tabs 2 through 17 and four items on Addendum No. 1.
Commr. Hanson requested that Tab 10 be pulled for staff discussion.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 17, pulling Tab 10 for discussion, and including four items on Addendum No. 1 as follows:
Office of Budget
Request for approval of Budget transfer – General fund, Constitutional Offices/Sheriff, in the amount of $100,000.00 is requested. Transfer $100,000.00 from Corrections – Personal Services to Corrections – Operating. The Sheriff is requesting a transfer pursuant to F. S. 30.49.
Request for approval of Resolution 2004-100 to amend the Fleet Maintenance Fund in order to receive unanticipated revenue for Fiscal Year 2003/2004 in the amount of $101,300.00 deposited into Fuel/Oil ($40,257.00), Parts ($22,529.00), Labor ($38,024.00), and Fuel Surcharge ($490.00) and provide appropriations for the disbursement for Overtime ($5,000.00), Repair & Maintenance ($32,529.00), and Operating Supplies ($63,771.00). The revenue will be received from the Transportation Disadvantaged Program and the LifeStream Behavioral Center for the repair and maintenance of their buses and fuel costs for April and May 2004.
Request for approval from the Clerk's Office for payment of Criminal Court costs for May 2004. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $35,491.00.
Request for approval and authorization to execute Initial Assessment Resolution 2004-101, relating to the provision of fire rescue services, facilities and programs, which initiates the annual process for preparation of the Assessment Roll; authorizes the publication of the advertisement for the public hearing; provides direction to notice all affected parties of the proposed rates; and directs the imposition of Fire and Rescue Assessment fees for the Fiscal Year beginning October 1, 2004.
Request for acknowledgment of Lake County Health Department Quarterly Variance Report.
Request for approval to submit an electronic application for the Local Law Enforcement Block Grant Program for Federal Fiscal Year 2004-2006, in the amount of $83,844.00; designate Robbie Hollenbeck as the Program Contact person designated by the Board to serve as day-to-day contact on program related matters, including completion of application, accepting the grant award, reporting and other activities related to this grant. (This Program Contact person has the ability to bind the jurisdiction to all terms and conditions related to this grant.) Also, approval to authorize the Chairman to sign any related documents (as may be required). The cash match of $9,316.00 shall be provided by the local recipient(s) of the grant funds, but must be authorized by the BCC for application purposes.
Request for approval to amend the Annual Funding Agreements with the Boys and Girls Clubs of Lake and Sumter Counties and the Central Florida YMCA and to transfer unused funds, contingent upon County Attorney approval.
Request for approval of revised distribution of Byrne grant funds among six local programs; signature on six original letters of support; approval of increased funding amounts for the Sheriff for Juvenile in Transition II and School Resource Officer II, and cash match as indicated; and signature on grant documents including application, certificate of acceptance, EEO certifications, and subsequent grant related documents (contingent on County Attorney review and approval).
Economic Development and Tourism
Request for approval of an Agreement between Lake County and Traymax, Inc. for an award from the Jobs Growth Investment Trust Fund in the amount of $45,500.00 for the creation of 15 new positions and execution of all related documents.
Request for approval and authorization of the Initial Assessment Resolution 2004-102 for Collection, Management and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2004-2005 and each Fiscal Year thereafter until discontinued or changed.
Request for approval of Annual Maintenance and Support Contract (Customer Number 131095) for Environmental Research Systems Institute (ERSI), Lake County's GIS software vendor.
Request for approval and signature of the Office of Domestic Preparedness (ODP) Competitive Training Grant in the amount of $259,176.00 in federal funds with no required match which will reimburse all agencies for the overtime that will be required for their personnel to attend the training and other related costs.
Request for approval and authorization for the chairman to execute Satisfaction of Assessment Liens for the following seventeen (17) road assessments:
Assessment # Name Date Paid
682023 Sherida Ewell - 04/05/04
687023 Jeffery & Beverly Lint - 5/18/04
694016 Thomas & Mary Badluk - 05/06/04
694169 Robert Swingle - 05/07/04
698006 Travis McClish - 04/08/04
698010 Florida Power Corp. - 05/14/04
698011 Gerald & Deborah Rains - 04/20/04
698012 Lemuel & Renate Ivie - 04/20/04
698013 Lemuel & Renate Ivie - 04/20/04
698019 Hugh & Dorothy Drake - 04/30/04
698020 German & Maria Castro - 04/27/04
698021 Maria Castro - 04/27/04
698022 German Castro - 04/27/04
698023 Salvador & Raisa Oyarsun - 04/22/04
698028 Florida Gas Transmission - 05/03/04
699003 Diana Coletta - 06/01/04
701002 Cordis Frei - 05/06/04
Request for approval of the Local Agency Program (LAP) Agreement and supporting Resolution 2004-103 between Lake County and the Florida Department of Transportation (FDOT) for the State Road 19 Landscaping Project (also known as Transportation Enhancement Project FM #410761-1-58-01), and approval of related budget transfer in the amount of $175,000.00.
Request for approval of Resolution 2004-104 authorizing the posting of "No Parking" signs on both sides of the two-lane section of Independence Boulevard (2323) from Lewis Grove Road (2324) to State Road 19 in the Groveland area.
Request for approval and execution of the First Amendment to the Interlocal Agreement between Lake County and the Town of Lady Lake for Improvements to Oak Street.
Request for approval to award a noncompetitive contract for off-site data protection and storage to Iron Mountain Information Management, Inc. (Iron Mountain) for an estimated cost of $3,395.00 per year.
ADDENDUM NO. 1
Program Analysis and Contract Management
Request for approval of the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Agreement and supporting Resolution 2004-105.
Request for approval and authorization to accept the final plat for Deer Island Club Parcel AA Replat and all areas dedicated to the public as shown on the Deer Island Club Parcel AA Replat; accept a Cashier’s Check in the amount of $6,600.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and John Sonnentag and Carolyn Sonnentag. Deer Island Club Parcel AA Replat consists of six lots - Commission District 3.
Request for approval to advertise and hire five Lake-Sumter Metropolitan Planning Organization (LSMPO) positions (first hiring two Transportation Planners and one Staff Assistant; hiring the Director and Administrative Assistant at a later time).
Request for approval and authorization for Chairman and County Attorney to sign any and all documents required for closing of the PEAR Park Gateway Project between Lake County, the Trust for Public Lands, and the Florida Communities Trust after review and approval by the County Attorney; also, authorization for final payment, as per Reconciliation Statement, as approved by the County Attorney.
COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)
GROWTH MANAGEMENT - GREEN SWAMP
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, presented the request for approval and signature on the Memorandum of Understanding (MOU) between the Department of Community Affairs (DCA) and Lake County regarding the issuance of development orders and permits within the Green Swamp Area of Critical State Concern (GSACSC), in an effort to cut down on the multilayered review process. He stated that the MOU will limit the number of items within the Green Swamp that is presented to DCA for approval, whereas, historically, almost all permits have been tendered to DCA for final approval. DCA feels they do not need to review certain permits (Exhibit 1 of the backup material) because they have already been approved as subdivisions and PUDs (Planned Unit Developments).
Commr. Cadwell stated that DCA has talked about having different levels in the Green Swamp, once a history with them was established. He pointed out that Lake County needs to stay on top of this and ensure there is a positive history in the Green Swamp.
Mr. Welstead remarked that DCA was anxious to shift some additional permits to Lake County because of the County’s track record. He stated that, if DCA requests to review a specific permit, under the MOU, the County is still required to tender it to them.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved the request for approval and signature on the Memorandum of Understanding between the Department of Community Affairs and Lake County regarding the issuance of development orders and permits within the Green Swamp Area of Critical State Concern.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
The Chairman presented the following Employee Awards, with Mr. Gregg Welstead, Deputy County Manager, giving brief remarks about each individual:
Presentation of Award to Employees with Five Years of Service
Troy A. Braley, Fire Lieutenant, Public Safety/Fire and Rescue
Robert J. Staab, Firefighter/EMT, Public Safety/Fire and Rescue (not present)
Patrick M. “Pat” Werner, Network Technician, Information Technology
Andrea Kennard, Legal Office Associate, County Attorney
Jeffrey E. “Jeff” Michels, Firefighter/EMT, Public Safety/Fire and Rescue
Presentation of Award to Employees with Ten Years of Service
John H. Brautcheck, Entomologist, Public Works/Special Services/Mosquito and Aquatic Plant Management (not present)
Vivian “Carla” Mitchell, Program – 4H, Community Services/Agricultural Education Services/Cooperative Extension Services
Presentation of Award to Employee with Fifteen Years of Service
Edmund “Jay” Dagner, Chief Electrical Inspector, Growth Management/Building Services/Main Office
Presentation of Award to Employee with Twenty Years of Service
Judith M. “Judy” Evans, Expo Center/Fairgrounds Director, Economic Development and Tourism/Fairgrounds
Presentation of Award to Employee with Twenty-Five Years of Service
Christine C. “Chris” Stephens, Sign Fabricator, Public Works/Road Operations/Signs Signals and Striping
Presentation of Award to Employee with Thirty Years of Service
Teresa M. “Terri” Davis, Administrative Office Associate I, Community Services/Agricultural Education Services/Soil and Water Conservation
Presentation of Recognition to Retiring Employee with Seventeen Years and Eight Months of Service
Norman “Norm” Beserock, Code Enforcement Professional, Department of Growth Management/Code Enforcement Services
Presentation of Recognition to Retiring Employee with Fifteen Years and Ten Months of Service
Tommy Lawrence, Firefighter/EMT, Public Safety/Fire and Rescue (not present)
Presentation of Recognition by Public Safety, Fire Rescue Division-Ramon Hernandez
Mr. Gary Kaiser, Public Safety Director, made a presentation to Firefighter Ramon Hernandez, Public Safety, Fire Rescue, in recognition of his saving the life of his supervisor, Lieutenant Tom Mitchell, who was experiencing a total airway blockage as a result of choking on a piece of candy. Mr. Kaiser noted that Firefighter Hernandez has been a probationary firefighter for only three months and, therefore, it is significant that he was able to successfully perform the lifesaving Heimlich Maneuver without hesitation.
PRESENTATION - DEPUTY ALICE WATERS
Commr. Stivender noted that the presentation honoring Deputy Alice Waters will be made in August 2004.
PRESENTATION - LEESBURG YELLOW JACKETS BASEBALL TEAM
Commr. Hill stated that Leesburg Coach David Lee has had an illustrious career in Lake County and he has had back-to-back regional final baseball teams during the last two years at Leesburg High School. She announced that the Leesburg Yellow Jackets finished this season with a winning 23 to 6 record and was only one victory away from reaching the state tournament. She complimented the coach and the players for their ability on the playing field as well as for being gentlemen off the field.
Coach Lee introduced the following players who were present in the audience: Michael Costello, Tyler Hill, Brent Sellars, John Michael Blake, Jeff Bell, Jeremiah Thompson, Ricky Jennings, Trent McKibben, Ben Andrews, Jonathan Holt (FACA Player of the Year, Daily Commercial and Lake Sentinel Player of the Year), Joey Minik, Jordan Bjorn. Team members not present were: Darrell Rasher, Jeremy Welsh, Dustin Palmer, Kyle Mills, Stephen Malinda, Jason Bailey, John Meier, Ben Ayris and Charley Singeltary, and Assistant Coaches Jac Gelb, Randy Aldrich and Ryan Peavey.
Coach Lee expressed his appreciation and remarked that these young men make coaching rewarding. He stated that the team represents Lake County as well as any group of kids who have ever been on a field or a court or anywhere.
Commr. Stivender read Resolution 2004-93 which recognizes the team, and their individual achievements, upon winning their second district regional championship at the Class 4-A, Region 3 Baseball Championship. She presented copies of the Resolution to each team member and noted that the framed Resolution will be presented to Coach Lee at a later date.
CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT
Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, presented the request for Board approval of the Federal Fiscal Year 2004-08 Consolidated Plan, the request authorizing the Chairman to sign the Application for Federal Assistance and required Certifications; the request to direct the CDBG Division of the Department of Community Services to submit the Plan to the U.S. Department of Housing and Urban Development (HUD) and then to implement the Plan over the next five years; and the request for approval of the proposed Adoption Resolution. Ms. Eginton gave a PowerPoint presentation on the Post-Publication Public Hearing (a printed copy of the presentation is included in the backup material) which included the following topics:
• Overview - outlines strategies for use of CDBG funds between FY 2005-2009.
• Post-Publication Public Hearing - July 6, 2004. Two public hearings are required, plus a 30-day public inspection period.
• Consolidated Plan Sections - citizen participation plan, Community Development needs analysis, housing market/needs analysis, five year strategy and one year action plan.
• Quality of Life Survey Results - lack of public transportation, lack of jobs paying living wages, speeding cars, lack of affordable health care and paved roads needing repairs.
• County Funding Priorities - public transportation, roadway improvements, health care and neighborhood improvement.
• Proposed Uses of Funds
• Public Services - prescription assistance, congregate meal site transportation, short trip TD taxi rides and weekend meal deliveries.
• Infrastructure/Public Facilities - Lake Kathryn Phases 4-6, folding paving assessment into Community Enhancement Area (CEA) Program, and CEA Program.
• Urban County Partners - Tavares West Main Street Streetscape, Montverde sidewalks, Astatula sidewalks and Lady Lake joining the partnership.
• Housing Rehabilitation - home repair program and giving preference to CEA residents.
• Administration/Contingency - 20% for administration and 5% for cost-overrun contingency.
• Pre-Publication Public Hearing - was held March 16, 2004.
Commr. Stivender opened the Post-Publication Public Hearing for the Federal Fiscal Year 2004-2008 Consolidated Plan for the Community Development Block Grant. There being no public comment, the public hearing portion of the meeting was closed.
In response to a question by Commr. Hanson regarding transportation, Ms. Eginton stated that the County is maxed out and is limited to 15%.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Federal Fiscal Year 2004-08 Consolidated Plan, the request authorizing the Chairman to sign the Application for Federal Assistance and required Certifications; the request to direct the CDBG Division of the Department of Community Services to submit the Plan to the U.S. Department of Housing and Urban Development (HUD) and then to implement the Plan over the next five years; and the request for approval of Adoption Resolution 2004-106.
PUBLIC HOUSING AGENCY
Ms. Cheryl Thomas, Housing and Community Development Director, Community Services Department, presented the request for approval of the Public Housing Agency (PHA) Annual Plan for Fiscal Year 2004 and the 5-Year Plan and Progress Report covering Fiscal Years 2000-2004 and the request for authorization for the Chairman to sign and certify the Plan for submission. She informed the Board that this is an annual requirement. The City of Leesburg component and the Lake County component are being combined this year effective October 1, 2004, and this document is representative of the combined program. She stated that a public hearing must be held on the Plan and Report prior to submission to the U.S. Department of Housing and Urban Development (HUD). The Plan has been on public display, having been distributed at the public libraries and posted on the County’s web site.
Commr. Stivender opened the Public Hearing on the Public Housing Agency Annual Plan for Fiscal Year 2004 and 5-Year Plan and Progress Report covering Fiscal Years 2000-2004. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Public Housing Agency Annual Plan for Fiscal Year 2004 and the 5-Year Plan and Progress Report covering Fiscal Years 2000-2004 and approved authorization for the Chairman to sign and certify the Plan for submission to the U.S. Department of Housing and Urban Development (HUD).
ORDINANCE - ELDER AFFAIRS COORDINATING COUNCIL
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 2-90.50, ENTITLED MEMBERSHIP; PROVIDING FOR APPOINTMENT OF QUALIFIED INDIVIDUALS TO THE ELDER AFFAIRS COORDINATING COUNCIL IN THE EVENT NO ELIGIBLE APPLICANTS FROM A COMMISSION DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Fletcher Smith, Community Services Director, explained that the Lake County Elder Affairs Coordinating Council was created by Ordinance No. 2002-40 and, if the proposed ordinance is approved, amending Section 2-90.50, the Board will be able to select any eligible applicant regardless of district residency in the event there are no eligible applicants from a specific commission district.
Commr. Stivender opened the public hearing and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Ordinance 2004-49, amending Section 2-90.50 of the Lake County Code, regarding membership in the Lake County Elder Affairs Coordinating Council.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Judie Thompson, Liaison to Lake County Government from Montverde Mobile Home Association, presented a letter and a petition with 241 signatures, which were gathered in two days from three subdivisions, regarding safety issues at the intersection of County Road 455 (CR 455) and Ridgewood Avenue in Montverde. (The letter and 17-page petition are included in the backup material.) She requested a traffic light or, at the very least, a four-way stop. She stated that there have been two, and possibly three, fatalities at that intersection in the past four years. Other reasons for requesting the traffic light are the increasingly higher volume of traffic on CR 455; dangerous dips in the road; speeding; and an existing 4-way stop at Ridgewood and Fosgate/Thoroughbred Lane, which is not as dangerous as CR 455 and Ridgewood. The County did install new speed limit signs and a sign that informs motorists of the intersection at Ridgewood.
Mr. Jim Stivender, Jr., Public Works Director, stated that staff will research the request before presenting the Capital Improvement Plan in August and will keep Ms. Thompson informed.
In response to questions by Commr. Hill, Mr. Stivender concurred that this is part of the section of CR 455 that is being considered for designation as a scenic highway. He explained that turn lanes would still be permitted and some capital improvements could be made at the intersection that would provide more room for vehicles to maneuver. Because of hills to the south and north, there will still be a sight distance problem.
Commr. Stivender stated that a presentation can be made in Montverde to the homeowner’s association when information is available.
Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board regarding fire fees that are paid in rural taxing district six and the lack of operating fire stations in Lake Mack and Shockley Hills/Shockley Heights. He stated that the Paisley fire station has only one volunteer. Because of his remarks at past Board meetings, he clarified that the County pays the state forest more than $9,000 but the national forest pays the County. He reiterated that taxing district six pays more fire fees than two other districts and confirmed that property tax bills show six taxing districts. Mr. Hunter showed a photograph of a burned trailer, a few feet from County Road 42, and stated that the closest fire station is Pine Lakes and that the Altoona fire station is ten miles away. He reminded the Board that there are 650 students and 80 faculty members at Spring Creek Elementary School in Paisley and that nearby Country Squire Mobile Home Park has 310 residents. He stated that the County has not kept its promise to staff the rural fire stations and he has been bringing this issue to the Board since 1994. He asked the Board why they eliminated the fire fee on vacant land. He stated that the County should have a fire station near the forest to help in fighting forest fires. He asked that fire fees be divided between ad valorem and non ad valorem as the solid waste fees have been. He stated that he suggested years ago that deep wells, fire hydrants, dry wells, etc. could be installed to improve the area’s fire insurance ratings. He stated that he met with the Public Safety Director, the County Manager and the Associate Fire Chief and that nothing positive came out of those meetings. He implored the Board to put the issue of providing a paid staff at a fire station in Paisley, manned 24 hours a day, seven days a week, on today’s agenda and to then vote in favor of it.
Mr. Bill Neron, County Manager, confirmed that staff has met with Mr. Hunter on a number of occasions and a difference of opinion exists.
Commr. Hanson confirmed that there is a huge area, including Sorrento, Mount Plymouth and Wekiva Falls, that needs some level of services. She stated that the ideal situation would be to have a station of volunteers but promotions to attract volunteers have not worked.
Mr. Hunter commented that the Paisley area, while paying for fire services, is being penalized for not having fires.
Commr. Hanson requested that staff bring back a report that would include how many fires, and other first responder calls, there are in each district and how many dollars are spent where they are collected.
Mr. Neron requested that he be allowed to bring back a report during budget sessions later this summer.
Commr. Stivender requested that the report be brought back during the Board’s Budget Workshop on July 22, or as soon thereafter as possible.
Mr. Hunter suggested, as he has in the past, that paid nighttime firefighters could be taken out of other stations and replaced with volunteers. Those paid firefighters could then staff the Paisley, Lake Mack and Shockley Hills/Shockley Heights stations during the daytime without any additional money being spent.
Commr. Hanson commented that the significant improvement of roads in the rural area has helped provide all services and progress is being made.
Mr. Travis Whigham, President of the Forest Hills Association, addressed the Board regarding the response time of the Pine Lakes fire station, road improvements, fishing docks, and the lack of commercial development in northeast Lake County.
In following up on a question that was asked at the Board’s May 4, 2004, meeting, Mr. Whigham asked about fishing docks being built in the Lake Mack area.
Commr. Cadwell stated that is a state grant process and involves a boating improvement application. He will find out the dates and inform Mr. Whigham.
Mr. Whigham asked if Volusia County’s buses can cross county lines to service some of the Lake County residents.
Commr. Cadwell responded that Volusia County will not provide service to Lake County unless they are paid for the service and that payments by riders would not be enough to warrant the service.
Commr. Stivender informed Mr. Whigham that the transportation issue will be addressed in upcoming workshops.
Mr. Whigham stated that sales tax dollars from northeast Lake County residents are being spent in Volusia County because of the lack of shopping. He asked if some commercial development can be made in the general area of County Road 42 and County Road 44 to serve residents of Paisley, Pine Lakes, Cassia and nearby Volusia County residents.
Commr. Hanson pointed out that, regardless of whether or not development would be allowed under the County’s Comprehensive Plan, there have not been any requests from a landowner or applicant for that type of development in that area.
CLOSED SESSION - LITIGATION
Mr. Sandy Minkoff, County Attorney, announced that a closed session, pursuant to Florida Statute 286.011, was requested at the last Board meeting and has been advertised. The purpose of the meeting will be to discuss settlement negotiations or strategy sessions related to litigation. The court reporter will record the entire session, recording the beginning and ending times, and no portion of the session will be off the record. Persons attending the session will be the five Board members, the County Manager, the County Attorney, the Assistant County Attorney and the court reporter. The closed session will commence now, at 10:25 a.m., and will last approximately twenty minutes.
Commr. Stivender reconvened the meeting and announced that the closed session was terminated at 10:50 a.m.
RECESS & REASSEMBLY
At 10:50 a.m., Commr. Stivender announced a fifteen minute break.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES - HUD SHELTER PLUS CARE PROGRAM
Mr. Fletcher Smith, Community Services Director, stated that the Department of Community Services, specifically the Community Development Block Grant (CDBG) program and the Housing and Community Development Division, has been working with the Mid-Florida Homeless Coalition as partners and members. The Mid-Florida Homeless Coalition has requested that the County submit a Shelter Plus Care Program application to the U. S. Department of Housing and Urban Development (HUD), in conjunction with LifeStream Behavioral Center (LifeStream), to obtain housing vouchers that could be utilized by LifeStream clients.
In response to questions by the Board, Mr. Smith explained that there are no matching dollars and that the County would manage the vouchers while LifeStream would manage the administration of the wraparound services. He explained that there are no vouchers in existence now and people coming out of hospitals and inpatient treatment programs must currently find housing as best they can. Most of the people in need are coming from long term treatment for mental disabilities, substance or alcohol abuse problems. The clients may or may not have court-related issues. While this program might help with an assessment of the community’s needs, he stated that this program only involves approximately eighteen vouchers. He explained that LifeStream would provide the supportive transportation services.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a vote of 4-1, the Board approved the request for development and submission of the Shelter Plus Care Program application to the U.S. Department of Housing and Urban Development under the Continuum of Care Homeless Assistance program.
Commr. Hill voted “No,” stating that she does not feel comfortable in the event that there might be some cost to the County.
Mr. Smith explained that HUD will supply funding for up to eighteen housing vouchers and LifeStream will identify eligible clients. He reiterated that this is an initiative of the Mid-Florida Homeless Coalition.
Commr. Hanson asked for a report, at a later date, on the number of homeless people in Lake County.
Commr. Hill asked for permission of the Board to change her vote to “Yes.”
With a consensus of the Board, the vote was changed to 5-0.
CULTURAL AFFAIRS COUNCIL
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board appointed Mr. Stan North to complete the unexpired term ending September 30, 2007, and appointed Ms. Annette Robinson to complete the unexpired term ending September 30, 2005, on the Cultural Affairs Council.
REPORTS - COUNTY ATTORNEY
APPLICATION FOR TAX DEED
Mr. Sandy Minkoff, County Attorney, presented the request for the annual application for tax deeds on parcels where the County has the tax certificate. This year there are approximately 55 parcels. Generally, most of these are redeemed and a few of them end up going to sale in a year or two. He recommended approval.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the application for tax deed by Lake County on all parcels, except homestead, on property valued greater than $5,000 and homestead property where total taxes due are greater than $100.00.
SELECTION OF VALUE ADJUSTMENT BOARD MEMBERS
Mr. Minkoff presented the request for approval of the selection of members to serve on the Value Adjustment Board (VAB) and approval to request the Lake County School Board to appoint two members. A VAB organizational meeting is scheduled for Tuesday, August 3, 2004, at 8:30 a.m. Because of the use of Special Masters, the VAB process has become much less intensive for the VAB members. He explained that contracts with the two Special Masters who were used last year are being renewed. Mr. Bruce Duncan, Attorney, Potter Clement Lowry & Duncan, will conduct hearings on homestead and other exemptions and Mr. David Taylor, MAI (Member of the Appraisal Institute), will conduct hearings on assessments. The Special Masters’ hearing dates are scheduled for August and October 2004.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board appointed Commissioners Stivender, Hanson and Hill to serve on the Value Adjustment Board (VAB) and approved to request the Lake County School Board to appoint two members to the VAB.
LAND DEVELOPMENT REGULATIONS - ADVERTISE SIGNS ORDINANCE
Mr. Minkoff presented the request for approval to advertise an ordinance amending Chapter XI, Lake County Code, Appendix E, Land Development Regulations (LDR), entitled Signs. He explained that there has been some litigation throughout the state. Some technical changes, namely having to do with time frames for permits as well as eliminating some of the types of information that can be on signs, are being proposed. He stated that there will not be any changes to the Lake County Code itself in terms of numbers of signs or heights or size, etc. The proposed ordinance (a copy is included in the backup material) will be presented to Lake County’s Local Planning Agency (LPA) next week and will come back to the Board with the LPA’s recommendation.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved to advertise the proposed ordinance amending Chapter XI, Lake County Code, Appendix E, Land Development Regulations, entitled Signs.
Mr. Minkoff advised the Board that discussions have been held, on the staff level, regarding eliminating presenting the request to advertise changes to the Land Development Regulations (LDR) to the Board before getting a recommendation from the Local Planning Agency (LPA). Currently, if the Board approves to advertise a proposed change to the LDR, the LPA could have a different idea and it is possible that a conflict could be created. He stated that this issue will be brought back to the Board for discussion at a later date. He clarified by stating, in other words, that the Board would wait until it has a recommendation from the LPA to go forward then the Board would consider the recommendation and decide to advertise the proposed change or send it back to the LPA with questions and comments, as opposed to approving to advertise first then sending the issue to the LPA.
REAL ESTATE PURCHASE AND SALES AGREEMENT
Mr. Minkoff presented the request for approval of the Real Estate Purchase and Sales Agreement between Lake County and L. L. Swor, Inc., for purchase of property, approximately 5.01 acres, located on County Road 473 (Furniture Country Warehouse), Leesburg, for the listing price of $1.7 million. The warehouse, which is approximately 30,000 square feet, all shelving and two forklifts are included in the price. A closing date of no later than October 1, 2005, is specified.
Commr. Stivender noted that the Constitutional Officers, who will be using some of the space, are on board with this purchase and the closing date.
Mr. Minkoff explained that there is a 120-day option period to appraise and inspect the building and a recommendation to go forward or not will be brought back to the Board within that period of time. He stated that, because the expected closing date is over a year away, an agreement will be obtained specifying that everything, including the forklifts, will be in good working order at the time of closing.
Mr. Jim Stivender, Jr., Public Works Director, stated that staff will provide a sketch showing a conceptual plan. He confirmed that the cost of the buildings currently being leased by the Constitutional Officers will be included in the upcoming budget and that the proposed cost of the warehouse building will be less than $56.00 per square feet.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Real Estate Purchase and Sales Agreement between Lake County and L.L. Swor, Inc., for the purchase of property, approximately 5.01 acres and a 30,000 square-foot warehouse, located on County Road 473, Leesburg, Florida.
CLOSED SESSION APPROVAL
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved to put the County Attorney’s request for a closed session on the Agenda.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s request to hold a closed session on Tuesday, July 20, 2004, at 10:00 a.m.
Commr. Stivender noted that Commr. Cadwell will not be present on July 20, 2004.
REPORTS - COUNTY MANAGER
Mr. Bill Neron, County Manager, presented the request for direction from the Board related to the City of Tavares’ request to relocate the historical Woodlea House to Lake Idamere Park. Mr. Neron noted that the City has expressed interest in annexing Lake Idamere Park after the Boundless Playground is completed, taking over operations, maintenance and security in its entirety. Appropriate agreements which detail responsibilities will be brought back to the Board at a later date.
Commr. Stivender stated that the Tavares Rotary Club is taking this on as a project and will be working with the City. She added that she has contacted the Lake County Parks and Recreation Department to ensure this relocation would meet the Master Park Plan for Lake Idamere Park.
Ms. Dottie Keedy, Tavares City Administrator, stated that funding to relocate the Woodlea House will be provided by the City and that the County will not be asked for money for renovations or other costs. She stated that tentative plans for the house are to find money to renovate it.
By consensus, the Board directed staff to move forward with the City of Tavares’ request to relocate the historic Woodlea House to Lake Idamere Park.
REPORTS - COMMISSIONER HILL - DISTRICT #1
HONORS AND RECOGNITIONS
Commr. Hill thanked the Board for the opportunity to honor Leesburg High School’s baseball team during today’s meeting. She stated that the Board would like to honor any and all organizations of young people, art or music or whatever, for their achievements.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN & DISTRICT #3
JOINT MEETING WITH LAKE COUNTY SCHOOL BOARD
Commr. Stivender stated that the joint meeting between the Lake County Board of County Commissioners and the Lake County School Board, which is scheduled for Tuesday, July 27, 2004, will be discussed at a meeting tomorrow, July 7, between Commr. Stivender, School Board Chairman Kyleen Fischer and School Superintendent Pam Saylor. The joint meeting is for the purpose of discussing school impact fees as well as school siting and other issues. Commr. Stivender will confirm the joint meeting date after tomorrow’s meeting.
FLORIDA ASSOCIATION OF COUNTIES
Commr. Stivender reminded the Board that the Florida Association of Counties will be in the Board’s Chambers on August 5, 2004, from 10:00 a.m. to 12:00 noon. She noted that Commr. Pool will be out of town that day.
INDEPENDENCE DAY PARADES
Commr. Stivender stated that last weekend’s Independence Day parades were wonderful and were well attended.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WEKIVA PARKWAY - FEDERAL DESIGNATION AS A SCENIC HIGHWAY
Commr. Hanson requested that a letter be sent to U.S. Congressman Ric Keller (R-FL) seeking a federal designation, and funding, for the Wekiva Parkway as a scenic highway. She noted that the designation has already been discussed at state and county levels and that Congressman Keller, who represents District 8 in the U.S. House of Representatives, has been supportive of the road all along.
Staff was directed to research the issue and proceed.
LIVE BROADCASTS OF BOARD MEETINGS
Commr. Hanson requested that staff research, again, the cost of providing live television broadcasts of the Board’s meetings. She noted that the meetings probably would also continue to be shown at later times even if they were to be broadcast live.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
LAKE-SUMTER EMS BOARD OF DIRECTORS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board reappointed Mr. Shannon Elswick, Hospital Representative; Mr. Cecil Shumacker, Lake County Citizen Representative; and Mr. Robert Moore, Lake County League of Cities Representative, to the Lake-Sumter Emergency Medical Services (EMS) Board of Directors.
FLORIDA ASSOCIATION OF COUNTIES
Commr. Cadwell explained that the Florida Association of Counties’ (FAC) meeting Thursday, August 5, 2004, from 10:00 a.m. to 12:00 noon, will be for the purpose of a legislative session update. The meeting will be open to the public, will be conducted by FAC, will be advertised and representatives from nearby counties will be present.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK