A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2004
The Lake County Board of County Commissioners met in a regular session on Tuesday, August 17, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Ms. Melanie Marsh, Assistant County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
UPDATE ON HURRICANE CHARLEY
Commr. Stivender asked Mr. E. E. “Butch” Whitehead, Emergency Management Director, to present an overview of what Lake County went through last week with Hurricane Charley.
Mr. Whitehead addressed the Board and stated that Lake County was one of 21 counties named in the Presidential Disaster Declaration and with that comes individual assistance for those folks that would have damage to their homes, especially if they were uninsured, or under insured, which is good news. Only two homes in the Mount Dora area were reported to them that received damage. There was only sporadic power outage, power has been restored, there was no real infrastructure damage, and there were only minor washouts on secondary roads that were addressed by the Public Works Department. Mr. Whitehead stated that Public Works has put together some assets and some capabilities for deployment, which has been sent to the State Emergency Operations Center. The Sheriff’s Office has already deployed some assets, and they have two security teams that are ready to be deployed possibly even this afternoon. The County has a FEMA representative assessing the amount of debris that has been generated from the storm and, based upon any excess, they may be eligible for funding. Mr. Whitehead stated that Lake County was very fortunate in comparison to damage that was done in counties to the south. Mr. Whitehead explained the action that was taken by the County over the past week to monitor the storm, which included the activation of the EOC and opening of shelters. The County had the capability to shelter about 6,500 folks, but only about 2,000 people came to shelters. Others most likely traveled to other safe places. They also got about 70 of the special needs folks, with the help of Lake County Transit. He stressed how important it is for them to make a decision for evacuation noting that there is always the possibility that the eye of the storm may sway to the left or right of its original path. He wanted to thank all of the departments, agencies, and schools for their support and to say that they all worked well together as a team. Mr. Whitehead stated that he was happy to be here today to give this report.
Commr. Hanson stated that she believes the County was very well prepared and very organized to face the situation, and she would like to commend management and staff for their efforts throughout the County. She believes there are still some folks without power in the Sorrento area, from the reports that she has received and they may not have realized they needed to call and report the location of the power outage. She noted that the areas north of CR 46 and east of CR 437 may still be out of power. Commr. Hanson agreed that the County should help its neighbors, but she suggested that perhaps the County could help in the Sanford and Orlando areas, as opposed to going to the southern counties.
Mr. Whitehead explained that Lake County provides the State EOC with the capabilities that they have available for deployment, and the State EOC prioritizes the locations in need of help and manages all of the efforts. In regards to Commr. Cadwell’s question about any changes that they may need to make to the process, Mr. Whitehead explained that, even though everything appeared to be handle successfully, they are in the process of collecting all initial comments, by the close of business today, and then they will have a meeting to discuss and identify any changes that would be necessary and make those corrections.
Commr. Cadwell informed the Board that Lake Sumter Emergency Medical Services (Lake Sumter EMS) has sent two units to Highlands County, and they anticipate two more units going to Lee County, to give some relief to those folks.
Mr. Whitehead stated that he talked to Mr. Roger Amon, Health Administrator, and they are looking at moving some patients from the Orange County area to Lake County.
Commr. Stivender wanted to thank everybody that was here working together through the storm (Hurricane Charley), and to thank Beef O’Brady’s for staying open and bringing food to those who were here working on Friday.
The Commissioners extended their appreciation to Commr. Stivender for her service during that time.
Mr. Bill Neron, County Manager, noted that the Board has Addendum No. 1 with one consent item, and two report items. He stated that he was also informed by Public Works that they would like to pull Tab 24 pertaining to the Rose of Eldorado plat, because there is a right-of-way issue. Staff will reschedule this item for Board approval next week.
Mr. Sandy Minkoff, County Attorney, stated that, under his business, he would like to request a closed session at the next Board meeting. He also has a report on a couple of property purchases and, when the Board gets to the consent agenda, he has one change. He noted that the request for a closed session will require a vote.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to place the request for a closed session on the agenda for Board action.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 20, 2004, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 22, 2004, Special Meeting, Budget Workshop, as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:
List of Warrants
Request to acknowledge receipt of the list of 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.
Proof of Publication/Unclaimed Moneys
Request to acknowledge receipt of the proof of publication of unclaimed moneys and payment to the Board for those moneys advertised less claims and publication costs, pursuant to FS116.21. Fiscal/Budget Impact: $7,311.54 less amounts claimed and publication costs will be receipted as fines and forfeits revenue before September 25, 2004.
Southwest Florida Water Management District/Agenda/Minutes
Request to acknowledge receipt of the following from the Southwest Florida Water Management District: Agenda, July 27 and 28, 2004, Governing Board Meeting, Brooksville, Florida. Approved Minutes of the Governing Board meeting held May 21, 2004, Tampa, Florida. Approved Minutes of the Governing Board meeting held May 26, 2004, in Brooksville, Florida.
Southwest Florida Water Management District/Tentative Budget
Request to acknowledge receipt of the following: Southwest Florida Water Management District August 1, 2004 Standard Format Tentative Budget Submission for Fiscal Year 2004-2005, pursuant to section 373.536, Florida Statutes.
Operational Audit/Lake-Sumter Community College
Request to acknowledge reaccept of the copy of Report No. 2005-004, Operational Audit of Lake-Sumter Community College, for the period January 1, 2003 through December 31, 2003, and selected transactions through March 31, 2004, from the Auditor General, State of Florida.
Tentative Budget/St. Johns River Water Management District
Request to acknowledge receipt of the St. Johns River Water Management District Tentative Budget Submission for Fiscal Year 2004-2005, pursuant to Section 373.536, Florida Statutes. The Governing Board will hear public input on the District’s budget at its first public hearing on September 7, 2004, at 5:05 p.m., and its final public hearing on September 22, 2004, at 5:05 p.m.
Annual Report/Five Year Plan/Lake County Water Authority
Request to acknowledge receipt of the Lake County Water Authority 2003 Annual Report and 2003-2008 Five Year Plan, in accordance with Chapter 29222, Laws of Florida.
Public Services Commission
Request to acknowledge receipt of the following: Before the Public Services Commission, Docket No. 040359-WS, Order No. PSC-04-0715-FOF-WS, Issued July 21, 2004, In re: Application for authority to operate under fictitious name, Aqua Utilities Florida, Inc., by AquaSource Utility, Inc., holder of Certificates 268-S, 503-S, 585-W, 371-S, 441-W, and 424-W; Arredondo Utility Company, Inc., holder of Certificates Nos. 549-W and 479-S; Crystal River Utilities, Inc., holder of Certificate Nos. 441-S, 507-W, 510-S, 594-W, 396-W, 123-W, and 053-W; Jasmine Lakes Utilities Corporation, holder of Certificate Nos. 110-W and 083-S; Lake Suzy Utilities, Inc., holder of Certificates Nos. 514-S and 599-W; and Ocala Oaks Utilities, Inc., holder of Certificate No. 346-W - Order Approving Name Changes and Notice of Further Proceedings for Judicial Review.
Public Service Commission
Request to acknowledge receipt of the following: Before the Florida Public Service Commission - Notice of Commission Hearing and Prehearing to KMC Telecom III LLC, KMC Telecom V. Inc., KMC Data LLC, Sprint-Florida, Incorporated and All Other Interested Persons, Docket No. 031047-TP, Petition of KMC Telecom III LLC, KMC Telecom V, Inc., and KMC Data LLC for Arbitration of Interconnection Agreement with Sprint-Florida, Incorporated - Public Hearing Tuesday, September 14, 2004, 9:30 a.m., Room 152 Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida - Prehearing Conference Monday, August 16, 2004, 1:30 p.m., same location, as noted.
Semi Annual Investment Report/Clerk of Courts
Request to acknowledge receipt of the Clerk of Courts, Lake County, Florida, Semi Annual Investment Report for FY 03-04, June 30, 2004.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender stated that she would like to discuss the Addendum consent item relating to the South Pointe Office Park.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the County Manager’s Consent Agenda, Tabs 3 through 28, pulling Tab 24 regarding the Rose of Eldorado plat, and not including the consent item on the Addendum.
Under discussion, Commr. Hanson requested clarification on Tab 11 relating to the Ordinance creating the Mt. Plymouth/Sorrento Planning Advisory Committee. She wanted to know if the boundaries included what was shown in the Mt. Plymouth/Sorrento small area study, as well as the area designated in the Wekiva Protection region.
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, explained that there was no real legal description in the small area study, so staff did their best to try and duplicate the areas, but it does not include the whole Wekiva area.
Mr. Sandy Minkoff, County Attorney, explained that this is a request to advertise an ordinance, so staff could prepare a map for the public hearing.
Commr. Hanson stated that she knows staff has tried to combine the two areas, but it loses focus for the Mt. Plymouth/Sorrento area, which is an urbanizing area and was limited to the urban compact node.
Mr. Minkoff referred to Page 3 of the Ordinance and stated that staff would like to request that lines 39 and 40 be deleted because there is no executive committee. He noted that, if the Board approves the request, staff will advertise it with that change.
Commr. Stivender called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve the following:
Budget Transfer/Public Safety/CAD System
Request from Budget for approval of a budget transfer – County Fire Control Fund, Department of Public Safety, Fire/Rescue Division, in the amount of $47,334.00 is requested. Transfer $47,334.00 from Machinery & Equipment to Office Supplies. Funds of $50,000.00 were budgeted in Machinery & Equipment for a Records Management CAD System for Fire Rescue. The quote came in $24,728.00. The software was a capital item when the cost was $50,000.00. As the quote came in less than $25,000.00, the funds for the CAD system need to be transferred to Office Supplies. The funds not required for the CAD system will be used to replace outdated or substandard computers. The computers need to be replaced due to the addition of T-1 high-speed connections in all fire stations this year, and the need for computer and software conformity throughout all County fire stations. Funds available in Machinery & Equipment.
Budget Transfer/Public Works/City of Leesburg
Request from Budget for approval of a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $93,497.00 is requested. Transfer $93,497.00 from Reserve for Operations to Contractual Services. Lake County will upgrade and assume maintenance of the Leesburg traffic signals, beacons and flashers per an Interlocal Agreement with the City of Leesburg signed November 4, 2003. The agreement states the amount needed for upgrades will be reimbursed by the City of Leesburg or offset by FDOT when completed, and receipted back to Lake County reserves. Funds available in Reserve for Operations.
Budget Transfer/Public Works/Sheriff’s Office
Request from Budget for approval of a budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $54,918.00 is requested. Transfer $54,918.00 from Special Reserve to Machinery & Equipment. The Sheriff's Office has submitted a requisition to order lightbar packages for new vehicles that will be purchased in Fiscal Year 2005. They have requested to purchase the lightbar packages now in order to receive them in October. Funds available in Special Reserve.
Budget Transfer/Community Services/Health Department
Request from Budget for approval of a budget transfer – General Fund, Department of Community Services, Administration Division, in the amount of $3,970.00 is requested. Transfer $3,970.00 from Reserve for Operations to Repair & Maintenance. Unanticipated costs were incurred for the installation of alarm systems at the Health Department offices located at the Van Dee Medical building as well as for the Delaporte leased space on Highway 441, Mt. Dora. Funds available in Reserve for Operations.
Request from Budget for approval of a Resolution 2004-119 to amend the Mosquito Management Fund in order to receive unanticipated revenue for Fiscal Year 2003/2004 in the amount of $472.00 deposited into Surplus Furniture/ Fixtures/Equipment Sales and provide appropriations for the disbursement for Machinery & Equipment.
Lease/Van Dee Medical Building/Health Department
Request from Community Services for approval to extend the lease of the Van Dee Medical Building, which houses the Lake County Health Department, and approval of the related budget transfer in the amount of $4,350.00.
Request from Economic Development and Tourism for approval to exercise the County's option to renew the current Agreement with Cramer-Krasselt, the Department's Advertising agency, for one single two-year period to expire on September 13, 2006, and approval for the Chairman to execute a letter confirming the renewal.
Onyx Waste Services/Bond
Request from Environmental Services for approval to release the Onyx Waste Services, Inc., Landfill Payment Bond dated June 1, 2003, and accept the replacement bond dated June 1, 2004.
Resolution/Lake County Water Authority/Budget Transfer/On-Site Irrigation
Request from Environmental Services for approval for $5,000.00 in matching funds to install a pilot rainwater harvesting system to capture and store rainwater collected from the Environmental Services Building roof for on-site irrigation; approval of Resolution 2004-125 to recognize $5,000.00 matching funds from the Lake County Water Authority; and approval of related budget transfer of $5,000.00 from Reserve for Operations to Improvements Other than Buildings.
Satisfaction and Release of Fine/William Booth
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for property owned by William Booth, Case Number CEB 183-00.
Satisfaction and Release of Fine/Steven Edward Brown
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for property owned by Steven Edward Brown, Case Number CEB 2003040110.
Satisfaction and Release of Fine/Herman and Susan Bedsole
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for property owned by Herman Louis Bedsole and Susan R. Bedsole, Case Number CEB 2002090219.
Advertise Ordinance/Mt. Plymouth/Sorrento Planning Advisory Committee
Request from Growth Management for approval to advertise Ordinance creating the Mt. Plymouth/Sorrento Planning Advisory Committee.
Request from Procurement Services for approval to authorize the removal of all of the items on the attached "Surplus" lists from the County's official fixed asset inventory system records; declare the items on the attached "Disposal" list surplus to County needs and authorize disposal as described; authorize the donation as requested; and authorize the Procurement Services Director to sign the vehicle title.
Contract/Surveying/Berryman & Henigar/Farner Barley & Associates
Request from Procurement Services for approval to award the contract for On Call Surveying Services to Berryman & Henigar, Southeastern Surveying, Inc. and Farner Barley and Associates in accordance with RFP Number 04-069.
Interlocal Agreement/City of Leesburg
Request from Public Safety for approval and signature on the Interlocal Agreement with the City of Leesburg to provide automatic aid and mutual aid response to calls near jurisdictional lines.
Interlocal Agreement/Communication Interoperability
Request from Public Safety for approval and signature on the Interlocal Agreement for Communication Interoperability within the Florida's Region 5.
Request from Public Works for approval and signature on Amendment 2 amending the State Funds amount of the Tentative Certified Budget for Arthropod Control for Fiscal Year 2003-2004
Agreement/Resolution/Roads/Biscayne Heights Phase III
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $341,289.00; accept a Letter of Credit for Maintenance in the amount of $31,027.00; accept a Developer's Agreement for Maintenance of Improvements between Lake County and Shamrock Homes, Inc.; and execute Resolution 2004-120 accepting the following roads into the County Road Maintenance System: Tropical Wind Lane "Part" (County Road Number 6545A), Tropical Breeze Court (County Road Number 6545B), Glenview Lane (County Road Number 6545C), and Whispering Wind Street "Part" (County Road Number 6546B), all relating to Biscayne Heights Phase III. Biscayne Heights Phase III consists of 56 lots – Commission District 5.
Contract/HNTB/Picciola Bridge Study
Request from Public Works for approval and signature on extension of contract with HNTB, Inc. to December 31, 2004 for the Picciola Bridge Preliminary Engineering Study.
Request from Public Works for approval to accept the following listed public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects: one Drainage Easement Deed, three Statutory Warranty Deeds, and two Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement, as follows:
Snowbirdland Vistas, Inc. - OR 2623 PG 2253 - Stormwater Project
Statutory Warranty Deed
Khanfar, Mazen - Coronado Rd. - OR 2620 PG 1594 - Donation - S/A
Professional Realty Advisors, Inc. - South Clermont Connector - OR 2623 PG 2200 - Road Project
Banyon Construction and Development, Inc. - South Clermont Connector - OR 2585 PG 0828 - Road Project
Temporary Non-Exclusive Construction Easement Deed and Perpetual
Professional Realty Advisors, Inc. - South Clermont Connector - OR 2623 PG 2206 - Road Project
Banyan Construction and Development, Inc. - South Clermont Connector - OR 2585 PG 0832 - Road Project
Request from Public Works for approval to accept a Maintenance Map for the intersection of CR 448A, Road Number 3064 and Duda Road, Road Number 3168.
Purchase Agreement/Right-of-Way/Hilltop Special Assessment Project
Request from Public Works for approval and execution of a Purchase Agreement with Debra Cole, James A. Wright, Jeffrey H. Wright, Christopher J. Wright, and Jonathan D. Wright, Heirs of Opal Abston (formerly known as Opal Perrine), deceased, for right of way in conjunction with the Hilltop Special Assessment Project (Thoroughbred Trail), located in the Sorrento area.
Purchase Agreement/Hilltop Special Assessment Project
Request from Public Works for approval and execution of a Purchase Agreement with Joan A. Jones, for right of way in conjunction with the Hilltop Special Assessment Project (Shetland Trail), located in the Sorrento area.
Interlocal Agreement/City of Fruitland Park
Request from Public Works for approval and execution of an Interlocal Agreement between Lake County and the City of Fruitland Park for Traffic Signal Maintenance.
Request from Public Works for approval and authorization of Resolution 2004-121 authorizing the posting of a "Right Turn Only" sign and "No Left Turn" sign on Lake Saunders Drive (4760) at its intersection with CR 19A (4561) in the Eustis area.
Resolution/Signs/Mount Dora Area
Request from Public Works for approval and authorization of Resolution 2004-122 authorizing the posting of a "STOP" sign on Indiana Avenue (4463) at its intersection with Palmetto Street (4463A) and Elray Boulevard (4463) in the Mount Dora area.
Resolution/Permission to Advertise Road Vacation Petition #1033
Request from Public Works for approval and signature on Resolution 2004-123 to advertise public hearing for Vacation Petition Number 1033, Merritt/Baptist Church of Okahumpka, Representative Steven J. Richey, P.A., to vacate and cease maintenance on County road known as the South Quarters Road (Number 3-3109), located in Section 15, Township 20 South, Range 24 East, in the Okahumpka area – Commission District 3.
Purchase Agreement/Carrol & Renelda Gatch/Getford Road
Request from Public Works for approval to terminate the Purchase Agreement to acquire a 23 +/- acre parcel of land from Carrol E. and Renelda M. Gatch, located on the north side of Getford Road. The requested purchase price is $281,920.00 ($12,000.00 per acre).
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA
LEASE AGREEMENT/SOUTH POINTE OFFICE PARK
Commr. Stivender stated that she had requsted that the item pertaining to the South Pointe Office Park be pulled for discussion. She stated that this item came through last time as an addendum, because they were in an emergency situation and needed space for the additional staff coming from the Judicial Center, but her concern is the cost of the furniture and equipment.
Mr. Bill Neron, County Manager, explained that staff has some of the same concerns, and he would like to request that the Board approve this item, subject to staff reviewing and seeing where they can reduce some of the equipment and furnishing costs.
Commr. Stivender stated that she wants to get the additional staff in the building, because they need the space, but she wants to look at any areas where they can cut back on costs for equipment in that building.
Commr. Hill stated that she understands that this is a standard short term lease that will be reviewed by the County Attorney, but she wanted to know if there was any way they could escalate the processing of it. She stated that she also had concerns and questions about the costs and, with Commr. Stivender being the liaison to Capital Improvements, she appreciated her concerns and comments.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to execute a Lease Agreement for South Pointe Office Park for the Court Administration Staff, and to approve related budget transfer in the amount of $90,000.00 subject to staff reviewing and seeing where they can reduce some of the equipment and furnishing costs.
Commr. Stivender extended her thanks to the County staff, and the judges’ staff, for working so diligently to get this done.
PROCLAMATION - PROFESSIONAL FIREFIGHTERS OF LAKE COUNTY
Commr. Stivender noted that Commr. Hanson had brought this issue forward and, at this time, she read Proclamation 2004-114, which was approved by the Board on August 3, 2004, for Professional Firefighters of Lake County Appreciation Week, August 22-28, 2004.
Ms. Heather Pardue, Program Coordinator for the Muscular Dystrophy Association (MDA) in Central Florida, wanted the Board to know how much the MDA appreciates not only Lake County Firefighters, but also the citizens of Lake County. Ms. Pardue stated that the MDA has already raised about $17,000 this year, and their goal is $30,000, and they hope to make that goal by Labor Day, and to present it on the Labor Day Jerry Lewis Telethon.
Mr. Jared Mielke, MDA Coordinator, extended his appreciation to the Board for their support.
PUBLIC HEARING -
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-57, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; AMENDING CHAPTER XI, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SIGNS; AMENDING SECTION 14.14.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED BUILDING AND SIGN PERMITS; CREATING SECTION 14.14.07, ENTITLED SIGN PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that this Ordinance was proposed in reaction to some court cases that have come out of the United States District Court of Appeals from Atlanta. The changes mainly deal with the procedural methods in the County’s code and puts some time frames on the issuance of permits, takes away the discretion from the County Manager and staff as to what can be on signs, and eliminates some of the content base regulations of signs, but it does not really change the size of signs, types of signs, or locations of them. There was one recommendation that came forward from staff, and it was approved by the Local Planning Agency (LPA), as follows: Page 25, Section 14.14.07, Sign Permits, to change the reference from “County Manager or designee” to the “Lake County Building Official.”
Commr. Hill stated that she appreciates the Minutes from the LPA meeting. The LPA members had some excellent questions, and it really shows how much they are involved in this process. She questioned whether the Ordinance was going to be submitted to the City of Clermont immediately, once it is adopted, or was staff going to wait until a complete set of Land Development Regulations (LDRs) is transmitted to them, as part of the Joint Planning Agreement (JPA).
Mr. Minkoff explained that this code does not really change any of the County’s sign criteria, so it really would not affect the joint LDRs that they are working on with the cities.
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that staff could certainly submit it right of way, but the processing of it really should not affect the joint LDRs. As an update, Mr. Welstead noted that the City of Clermont’s staff was supposed to be here on Thursday to talk about those LDRs with the LPA, but the City has asked to postpone the meeting, while staff gets some additional information that is needed to help clarify some of the issues.
Mr. Minkoff explained that the type of changes being presented in the Ordinance just change the things that can be on signs, because regulation of content is prohibited. It also has some specific time frames for permitting, but it did not change the height of signs, how they would be built, the number, or location of them.
Commr. Stivender opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.
Mr. Minkoff stated that the decisions from the United States District Court of Appeals have been pretty grievous because they struck down the sign codes. He explained that a Tampa sign company applied for 87 billboards and was turned down, so the company sued and it looks like they may have a chance of winning.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve Ordinance 2004-57, as read by title only.
Under discussion, Commr. Hanson wanted to know if the Tampa sign company was suing on the basis of content, or procedure, and Mr. Minkoff explained that the sign ordinances were invalidated because there was not a specific time frame where staff had to act on a permit (if you take more than 90 days on a sign permit, it is a violation of the first amendment of the Constitution); and the ordinances gave preferential treatment to things like political signs, typical things that you would think would be favored under the first amendment, but the court struck down those ordinances, because they singled out one type of speech over another and said that this was not allowed. These were the two main areas.
Commr. Stivender called for a vote on the motion, which was carried unanimously by a 5-0 vote.
PUBLIC HEARING -
2005-2009 ROAD IMPACT FEE
TRANSPORTATION CONSTRUCTION PROGRAM
2005-2009 TRANSPORTATION TRUST FUND
TRANSPORTATION CONSTRUCTION PROGRAM
2005-2009 INFRASTRUCTURE SALES TAX
TRANSPORTATION CONSTRUCTION PROGRAM
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval of the 2005-2009 Road Impact Fee Transportation Construction Program; approval of the 2005-2009 Transportation Trust Fund Transportation Construction Program; and approval of the 2005-2009 Infrastructure Sales Tax Transportation Construction Program. Mr. Stivender reviewed, in detail, some of the projects that have been completed in the past and their accomplishments in the last few months.
Mr. Stivender referred to the Draft of the 2005-2009 Transportation Construction Program (in the backup) and highlighted some of the items that staff will be working on next year. He pointed out that there is $3.8 million left of the Transportation Trust Fund gas tax, as noted on Page 1. During the review, Mr. Stivender noted that staff is looking at each location, as well as meeting with property owners, to identify specific needs. At this time, he reviewed each page of the backup and presented detailed information in response to the Board members’ questions.
Mr. Stivender informed that Board that, even though the Groveland collector from US 27 to Cherry Lake Road does not show on Page 17, staff has identified construction dollars as part of a developer’s agreement with several developers in the area. He will provide Commr. Stivender with a copy of this work, as requested. He noted that the projects listed in the Groveland area have been discussed with the municipalities at the impact fee meetings, and there have been ongoing meetings, and some of these have been modified and changed because of the development occurring around this area.
In response to Commr. Cadwell’s comments about Keene Road, Mr. Stivender explained that staff is currently acquiring right-of-way for this road and, once they get it, they will advance that project, even though it shows in 2009. For the record, it was noted that, if the one section causes a right-of-way, the County is committed to doing it in phases, if necessary.
In response to the interest shown by some individuals in the audience, Mr. Stivender explained that the County is doing a culvert replacement on Dwights Road and filing a maintenance map. They have to go through some design work, but they could advance this project, if they can get all of these things completed.
In reviewing page 22, infrastructure sales tax for the countywide resurfacing program, Commr. Stivender questioned whether staff has looked at how to come up with additional funding for resurfacing, and whether there was another funding source they need to discuss.
Mr. Stivender stated that the only option available to the Board right now that has not been discussed recently is the five cent local option gas tax.
Mr. Bill Neron, County Manager, stated that staff is working on the review of all unpaved dirt roads and, when staff gets that number, they would like to bring that forward and talk about funding options. Mr. Neron stated that staff is probably 60 to 90 days away from being prepared to do that after they get the work from the Public Works staff.
Commr. Pool explained that the City of Clermont undertook a program called reclamite, which is applied once every five years to the roads in Clermont and, even though there was some expense to it, it was supposed to be a pavement rejuvenator. He stated that staff may want to contact the City about this process, because it could be cost effective for the County.
Mr. Stivender stated that he was there when the City was undertaking this process. He stated that he and Mr. Kristian Swenson, Road Operations Director, looked at several programs, and Mr. Swenson has proposed a program that identifies several options, and they hope to be able to find the dollars to add some of these programs. Mr. Stivender explained that some of the County roads have aged beyond this point of rejuvenation.
In response to Commr. Cadwell’s question about whether the County has used any of the money that was set aside in creating a line of credit with infrastructure sales tax, Mr. Sandy Minkoff, County Attorney, noted that they have not closed on that item yet but are anticipating doing so the first or second meeting in September.
Commr. Cadwell pointed out that, for years and years, the Board has said that is was the money that was holding up the progress of construction, but Mr. Stivender explained that they are going to be using these dollars for other pending projects and that the rest of the projects on the list are unfunded at this time.
Mr. Stivender referred to page 32, which included Hartle Road and Hancock Road, and stated that staff has tried to identify every project of interest by Minneola or Clermont, in this area because, as Minneola and Clermont continue to grow, they want to at least have some projects lined up with these developments, and to have collectors in the right locations. It was noted that these are projects that were brought forward by the two cities, and part of these that related to the school site were discussed with the School Board, and they are on this list but are unfunded at this time. He noted that there is also a possibility of developer participation on some of these roads. He explained that, as a member of the Site Selection Committee, he works with the School Board to establish immediate needs. In terms of the benefit districts for impact fees, city groups vote on their individual projects and, by March, the city projects are incorporated into the County’s bidding process. After staff completes its review process, they are ready to bring the projects to the Board for discussion.
In response to Commr. Stivender’s question about the Metropolitan Planning Organization (MPO), Mr. Minkoff stated that there is no city group that votes, and it is not a committee. Staff actually solicits input from the city in developing this plan, and then the city can come to this meeting, so there is not a formal mechanism set up for the development of this plan. The Board is the only group that votes on this program, even though the cities can voice their comments at this time. The cities do receive copies of the program prior to this hearing.
Commr. Hanson asked for an update on the Wekiva Parkway, and Mr. Stivender explained that Mr. Mike Snyder, Executive Director of the Orlando-Orange County Expressway Authority, will be at the MPO meeting on August 25, 2004 to give the Board a more detailed update on this item.
Commr. Hanson pointed out that Wolf Branch Road is going to need improvements in the near future, and she wanted to know if staff is keeping that in mind as they develop the criteria for a local scenic road.
Mr. Stivender stated that he has been hesitant about adding a lot of projects in that area, because he would like to see the CR 46/CR 46A study, and it may be as early as next year when staff will have that information, but the study will show staff where their burdens and problems are going to be beyond maintenance.
In accordance with the Board’s direction, Mr. Minkoff explained that staff is beginning the eminent domain process for the five or six property owners that are left on Shetland Trail, with construction beginning in January or February.
Pursuant to Commr. Stivender’s earlier comments, Commr. Hanson suggested that staff go ahead and bring up the issue of the gas tax, because it has been several years since the Board has discussed it. She did not vote for it previously because they were not providing funding into many parts of her district, particularly in the northeast part of the County, but they are doing that now, and it is a different situation than it was a few years ago.
Commr. Stivender opened the public hearing and called for public comment. She noted that Mr. Frank Royce, City Commissioner, City of Eustis, and Chief Deputy, Property Appraiser’s Office, was present in the audience.
Mr. Roy Hunter, Northeast Chamber of Commerce, addressed the Board and questioned the status of CR 439, from CR 44A to CR 42, because it was his understanding that it was supposed to be done this year.
Mr. Stivender pointed out that, as he had mentioned earlier, the County will be doing the whole length of CR 44A to CR 42, and this project is now in the bidding process.
Ms. Jennifer Wagner, Dwights Road, explained that she has been working with the County for 14 years to get the road paved and, from the time they purchased their property and built their home, about 20 more homes that have been built in this area. Ms. Wagner stated that there is an incredible amount of transportation in this area, and the County is just now taking care of the culverts that were supposed to be replaced four years ago. Ms. Wagner listed the names of County employees that she has been in contact with over the years and explained that there was funding available in 1999-2000, with $1.2 million of gas tax but, in looking at Page 19, Dwights Road is listed for design and construction in 2009. She stated that there are a couple of other roads off of Dwights Road including Scrub Jay Lane where there is a safety issue. She explained the problems she had with her car that were related to the condition of these roads and problems the children have when they go to meet the school buses. She stated that each year she and her community have tried to be patient with the County and, even though a lot of the community could not be here today, she was asked to attend to express their concerns.
Mr. Stivender explained that it is the County’s intentions to be on a faster schedule, and staff is going to try and do the design work immediately after the right-of-way and start the project. He explained that, even though staff has the right-of-way for the culvert segment, which is being done now, the design is very sensitive because they are in the Green Swamp. A maintenance map is being done for Dwights Road off of Lake Nellie.
Ms. Wagner pointed out that, about seven years ago, they started paving on the Green Swamp side, and they were told that there was a right-of-way issue at that corner. She explained that all of the residents in this area have an investment per say and they all pay taxes, and their taxes are increasing every year. There have already been residents that have sold their places, because they were frustrated with the process. She would appreciate any consideration that could be given to expedite this road project before 2009.
Mr. Stivender explained that staff tries to avoid eminent domain on clay roads, but they are filing a maintenance map, because there are wide areas on that road. He needs to look at this project, to be able to determine the timing on it, and then he will get back with Ms. Wagner.
Mr. Travis Whigham, Forest Hills, stated that he did not see his roads on the list, but he knows that staff is reviewing the needs in his area. In regards to rights-of-way and easements, Mr. Whigham suggested that someone review the permits being issued for fences, since it appears that some people are placing them illegally in the easements, or along the rights-of-way, which may be causing problems for the County, in terms of being able to obtain the necessary right-of-way for some of these projects.
Ms. Cecelia Bonifay, Akerman, Senterfitt, addressed the Board and stated that she was here on behalf of a number of different clients in various areas throughout the County, in support of the capital improvements program, especially in the South Lake and middle portion of the County. Ms. Bonifay stated that they have been working closely with Mr. Stivender and Mr. Fred Schneider, Director of Engineering, and she would encourage other developers to do what they have done, and to start with the County’s visionary road network and work together as more of a consortium, as they bring their own developments on line, because there is a limited amount of funding particularly for the areas of Minneola, Groveland, Montverde, and South Lake County. She stated there are individuals who have dramatic needs in terms of their roads, but the County is trying to create a collector system that is going to serve the overall transportation needs in these areas. At least, on behalf of her clients, they will be putting in their dollars in terms of right-of-way, for which they are not asking for any impact fee credits and, in a lot of cases, giving up the right-of-way represents a significant portion of money, as well as coming up with their pro rata share and looking for credits on some of the rest. She feels there is going to be more and more competition for limited resources, and they will be happy to work with County staff, the MPO, and the various municipalities.
Commr. Stivender called for further public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the 2005-2009 Road Impact Fee Transportation Construction Program; Approval of the 2005-2009 Transportation Trust Fund Transportation Construction Program; and Approval of the 2005-2009 Infrastructure Sales Tax Transportation Construction Program, including the additional road, Groveland Collector to Cherry Lake Road.
RECESS & REASSEMBLY
At 10:25 a.m., Commr. Stivender announced that the Board will be taking a five minute recess.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board to discuss the handout material he had provided to them relating to fire rescue, and to stress the need for a paid fire station in Paisley. After contacting152 people, 60 of them hand delivered letters of support to him for a station, and there are 11 people here today in support of it.
Mr. Hunter stated that he is here to discuss the six Fire Fee Districts, not six Fire Districts, as shown on the copy of a fax, which he received from the Property Appraiser’s Office, dated July 16, 2004. With this information, he had provided the Board members with a copy of maps, one that depicted the staffed stations and volunteer stations, and he noted that two-thirds of Fire Fee District 6 is Commr. Cadwell’s area, and one-third is Commr. Hanson’s area. Mr. Hunter stated that, in looking at the figures shown in the 2003 Millage Rates for Lake County, it shows that Fire Fee District 6 (Millage Code 0006) pays more fire fees than two of the other fire districts in Lake County, and that the action taken by the County, to close the Lake Mack and Shockley Heights stations, and to not give them a paid fire station in Paisley, is unacceptable. Mr. Hunter pointed out that the people in his district will always pay their taxes, but they deserve justification for those taxes. Even though the County has indicated to him that they cannot resolve this issue over night, he has been working on this issue for more than ten years and, at each meeting, he brings back more proof and facts, but he still gets no results. In his research, he found that, when the issue of a fire fee was discussed the first time, the Commission let the voters have a voluntary referendum, and the voters agreed to a $35 cap fire fee, and today it is $137. It was explained to him that, because it was voluntary, by state law, the Commission does not have to go back to the voters, and they, as a commission, can adjust the fee, as deemed necessary. Mr. Hunter expressed his concern with the negative feedback some of the people are getting from the County, when they inquire about the possibility of a station in the Paisley area. He stated that the information from the Tax Collector’s Office shows they are paying an average of about $10 million a year in General Fund property taxes in this area, and almost every penny of it went to administration. Mr. Hunter stated that, after this meeting, he is going to ask for a meeting with Mr. Ed Havill, Property Appraiser, and Mr. Frank Royce, Chief Deputy, Property Appraiser’s Office.
Commr. Stivender noted that the Board has Mr. Hunter’s packet of information and, after staff reviews it, the Board will provide him with any results of that review, but she wants to get all of the information today.
Mr. Frank Royce, Chief Deputy, Property Appraiser’s Office, explained the millage rate information sheet that was provided to Mr. Hunter from the Property Appraiser’s Office noting that it is a sheet that he puts together each year, and it is based on the millages that all of the taxing authorities approve each year. He has been with the Property Appraiser for 16 years, and the codes that they use, 0001 through 0006, at one time may have represented an area of the County where there was a fire district, even though they may not be the same borders being represented today. A lot of information is used to process this particular document, as he explained, and he does not dispute the information provided on the sheet that was provided to Mr. Hunter, but he does feel that the map has caused a lot of confusion. The codes 0001 through 0006 are millage districts that they have put a number to, and they are not fire districts, as they may have been in the past. He stated that this map, with the numbered districts, is used in-house to help their office assess property and break down certain millage groups like the hospital areas continuing today.
Mr. Minkoff referred to the map and stated that there used to be two fire districts in that area, the Mount Plymouth Fire District, and the Paisley Fire District. The revenue in Paisley was by far the smallest on the ad valorem basis, and there was not enough money to operate a fire department, and that did lead the County to consolidate all of them and look at them as a coordinated system.
Mr. Hunter stated that, in regards to the information provided by Mr. Minkoff about the Paisley and the Mount Plymouth fire districts, it was the volunteer fire people who donated the land and buildings to Lake County government and was verbally promised that the County would take care of them, and they have not taken care of them in respect to fire protection. In regards to Mr. Royce’s comments, he tried to accentuate earlier that he is talking about a Fire Fee District and, as shown by Codes 0001 through 0006, and he would challenge the Property Appraiser’s Office to show him anything different. He stated that they are still paying more fire fees than two other districts in the area, no matter how they are labeled.
Commr. Stivender stated that she understands the need for fire protection, and they have all of Mr. Hunter’s information. She stated that the County wants to supply them with fire protection, and they want everyone to have it, and they are working on a plan, but they cannot solve the issue today.
Mr. Hunter explained that he has met with staff including Mr. Neron’s Office, and Mr. Gary Kaiser, Director of Public Safety, to only receive displeasure from Mr. Neron for being repetitious about the matter at hand.
Mr. Kaiser, Director of Public Safety, explained that staff is currently analyzing all of the first response areas of each station, to determine the actual call load for all categories, and then they are going to look at the balance of service in each station. The Paisley area will be analyzed with the entire County, and staff should conclude the analysis within the next week.
Ms. Nancy Carrico appeared before the Board to discuss some of her conversations with other individuals regarding the fire station in Paisley.
Mr. Hunter made reference to protocol and stated that, since this is Commr. Cadwell’s area, he would like to give him the opportunity to address this item with a motion, or some direction, to quickly handle this situation.
Commr. Cadwell explained that the Board will be ready to talk about this issue in a week. He stated that the Board has been working through this process trying to do everything they can for Paisley, and he gave Mr. Hunter a sheet of information that showed where the County has spent $5 million in this area over the last four or five years. Commr. Cadwell stated that he is looking through the information that Mr. Hunter has provided to him and, when Mr. Kaiser comes back with his report, the Board will make an educated decision on what to do with the fire service, which affects the whole County.
Mr. Hunter pointed out again that one-third of this area is in Commr. Hanson’s district.
Commr. Hanson explained that, even though part of it is in her district, to do what Mr. Hunter is asking today would mean that the rest of the districts would have to give up part of what they have in terms of fire rescue, to go into Paisley. While she recognizes the needs of Paisley, she does not have all of the facts, and Mr. Kaiser will be bringing them to the Board. She stated that it would be inappropriate for this Board to make a decision today and, until they can get that information, which will be forthcoming very shortly, it is inappropriate to make a motion, and the Board typically does not make motions under the citizen and comment period. The Board is looking at the citizens throughout the County, and they do not intend to ignore any of them.
Mr. Hunter asked that the Board review the facts and read the letters including the one from the Greater Altoona Society backing their support of a Paisley fire station. He stated that there is also a man here today from Leesburg that is a member of their chamber that is supporting them in their endeavor. He stated that he has met with staff at least two times and would have thought the facts would have come forth before now.
Commr. Stivender noted that, as soon as Mr. Kaiser gets the information to the Board, they will get Mr. Hunter a copy for his review. She thanked Mr. Royce for being here today.
Fire Rescue/Road Projects/School Impact Fees/Lake Mack
Mr. Travis Whigham stated that there is a need for a paid fire station in Paisley, because many homeowners in this area cannot afford to buy homeowners insurance. Mr. Whigham stated that the County could raise money to create paid fire stations by charging a dollar, or two dollar ad valorem tax per acre on undeveloped land in these regions.
In regards to the impact fees for schools, Mr. Whigham proposed that the Board consider a $5,000 impact fee instead of the proposed $10,750 impact fee on new development, and a real estate transfer tax of $1,000. He knows that this would have to go before the state legislature but explained that a transfer tax would make more sense, because there are homes in Lake County that were built 50 to 60 years ago and, during that time, there have been dozens of families that have bought these homes that have paid no impact fees, even though they have had children going to the schools. He felt that it would put the County’s budget way over the needed $276 million.
Mr. Whigham stated that they still need a community center in the Lake Mack area. It would be used as a crime watch and tactical center to prepare for emergencies. He is attempting to get a group of people together so that, if there is a major emergency, they will have people and equipment ready for action to help their neighbors.
Ms. Susan Hertzog explained that she would not be addressing any of the issues being discussed today, but she wanted the Board to know that this was the first Board meeting she has ever attended. She wanted them to know that she has lived in Paisley for almost eight years, and there are a lot of beautiful people with a lot of heart in this area. She asked the Board to look into the issues brought forth today, in regards to fire protection, and to remember that it is not just a legal issue, or a protocol issue, it is a moral issue.
OTHER BUSINESS -
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, stated that Ms. Melanie Marsh, Assistant County Attorney, would be taking his place this afternoon, since he has to go out of town.
Mr. Minkoff requested a closed session with the Board at the next Board meeting. Staff anticipates something occurring in the Covanta case today or tomorrow and, if so, they may need to discuss that. He noted that this request would require Board action.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to have a closed session on August 24, 2004, at 9 a.m., as requested.
REAL ESTATE PURCHASES/PEAR PARK/UMATILLA
Mr. Sandy Minkoff, County Attorney, reported that the County has two real estate purchases that staff is working on, one is the PEAR Park, and the other is a park in Umatilla, and staff is anticipating bringing these back to the Board on September 7, 2004, for the Board to make a final decision.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, addressed the request from Growth Management for approval to create 11 additional positions (two Plans Examiners, seven Building Inspectors, one Fire Inspector and one Associate Plans Examiner), and to approve the related budget transfer from Building Division Reserve to fund positions. Mr. Welstead referred to the graphs in the backup noting the Plans Submitted for Review and stated that, from July 1 to today, they have had 1,710 plans submitted; 554 of those have been rejected; and as of this morning, they have a backlog of 386 plans. He noted that this is countywide and does not include cities, but it does include the couple of cities where the County provides service. He explained that they need additional people throughout the process. Staff came to the Board in October, to ask for additional personnel for Building. Mr. Bill Neron, County Manager, asked to have an independent look at the workload numbers.
If the Board approves to add these additional people and, if the economy slows down in the next year, or two years, Commr. Stivender wanted to know if some of these positions will be eliminated, if they are not needed anymore.
Mr. Welstead explained that the fee structure is directly tied to the need by square footage basis so, as construction comes in, they need the people to complete the work so, when the money declines, the positions go away.
Ms. Jean Kaminski, Executive Director of the Homebuilders Association of Lake County, pointed out that these funds are there. The funds come from the permits paid by the builders for the service and, with the volume, they need personnel. In no way does it impact ad valorem, or general funds, and it is paid by the industry, for service to the industry. The additional positions are needed to bring that service level back to where it should be, and Ms. Kaminski urged the Board to approve the positions.
Commr. Pool stated that it was obvious that staff wants to hire these individuals as soon as possible and he would agree because the need is there but, in the event these positions are advertised, they may not fill them tomorrow, so he questioned whether there was some way to sub-contract some of this work. He noted that Lake Mary has taken this route to help solve their problem.
Mr. Dale Greiner, Building Services Director, pointed out that, even if they decide to sub-contract, these agencies also have personnel problems.
Commr. Stivender stated that she got to see first hand the backlog of plans at the Clermont office, and she questioned the need for more plans examiners versus inspectors.
Mr. Greiner explained that the current ratio of staff is workable and staff will be interviewing an individual this afternoon for the plans examiner position.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Growth Management for approval to create 11 additional positions (two Plans Examiners, seven Building Inspectors, one Fire Inspector and one Associate Plans Examiner) and to approve the related budget transfer from Building Division Reserve to fund positions.
REPORTS - COUNTY ATTORNEY (CONTINUED)
Ms. Melanie Marsh, Assistant County Attorney, was present to discuss the request for a
Settlement Agreement regarding a Code Enforcement Lien (Hastings and Desantis). The County was going to foreclose on this code enforcement case, but the property was brought up to compliance and the County is settling now for $114.50, which is to cover the cost of the investigation and enforcement by Code Enforcement. The total fines in the case were $6,000 and the property was located in Hobby Hill.
On a motion by Commr. Cadwell, seconded by commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from County Attorney for approval of Settlement Agreement and approval of Satisfaction and Release of Liens for the Code Enforcement Lien against James W. Hastings, Jr., Cynthia Rubert, Dennis Hastings, Michelle Desantis, and Alvin Desantis (Case Number CEB 2001-03-0097).
AGREEMENT/OUTSIDE LEGAL SERVICES
Mr. Melanie Marsh, Assistant County Attorney, explained that the County has an agreement with Brett L. Swigert to provide guardian ad litem services for their code enforcement cases, when they cannot find the owners of the property, and this is a renewal of his agreement.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from County Attorney for approval and signature on Renewal of Agreement between Lake County and Brett L. Swigert relating to Outside Legal Services to serve as outside counsel to act as attorney/guardian/administrator ad litem in certain code enforcement foreclosure cases.
ADDENDUM NO. 1
REPORTS - COUNTY MANAGER
GUARDIAN AD LITEM
Mr. Bill Neron, County Manager, presented the request from County Manager for approval to continue to pay certain operating expenses for Guardian Ad Litem for the remainder of this fiscal year in the approximate amount of $10,900.00 and noted that this is budgeted. Staff will be coming back to the Board to discuss what to do next fiscal year, as a result of Article V.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from County Manager for approval to continue to pay certain operating expenses for Guardian Ad Litem for the remainder of this fiscal year in the approximate amount of $10,900.00.
MUNICIPAL PLANNING ORGANIZATION
Mr. Bill Neron, County Manager, informed the Board that staff is not ready to proceed with the item of discussion that pertains to the role of the Lake County Board of Commissioners in providing transportation disadvantaged services in light of the recent establishment of the Municipal Planning Organization (MPO). Mr. Neron stated that he would like Board permission to put this item on the August 24, 2004 Board agenda, so that staff will have some direction from the Board prior to the MPO meeting later in the week.
It was noted that no action was needed by the Board on this item, and staff will proceed to schedule it for the August 24, 2004 Board meeting.
Mr. Neron asked if the Board wanted staff to bring back the fire protection information, which will be a fairly lengthy report, with the August 24, 2004 agenda, or if they wanted to wait until the first meeting in September.
The Board members noted that staff had indicated a week to complete their report, and they want to have an opportunity to review it prior to having it scheduled for a meeting.
At this time, it was noted that the fire protection report will be placed on the September 7, 2004 agenda, and staff will inform Mr. Roy Hunter, Northeast Chamber of Commerce, of this date.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PORTABLES ON DEMAND (PODS)
Commr. Hanson discussed the issue of pods (portables on demand) and stated that, even though they are important and very useful, in many areas they become more permanent than temporary. She stated that this may be something that the Board may want to look at in terms of the use for storage, and the time frame involved with the use.
Commr. Pool stated that staff may want to look at how the pods are placed on the property, too, and the key is how long they are stored on site.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, noted that staff will address pods, the duration of stay on property, setbacks from property lines, and temporary versus permanent placement of the structure.
After further clarification of the issue, staff was directed to look at on-site temporary storage, which includes pods (portables on demand), as noted.
REPORTS - COMMISSIONER HILL - DISTRICT #1
HURRICANE CHARLEY - EMERGENCY OPERATIONS CENTER
Commr. Hill echoed her accolades to the staff, and also to the cities and communities that helped with Hurricane Charley. She stated that they all pulled together and worked well together, and she wanted to thank Mr. Bill Neron, County Manager, and Commr. Stivender for staying the evening and keeping them very well informed.
REPORTS - COMMISSIONER POOL - DISTRICT #2
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2004-124 declaring September 17 through 23, 2004 as Constitution Week.
REPORTS - COMMISSIONERS STIVENDER - CHAIRMAN AND DISTRICT #3
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for retroactive approval of Resolution Number 2004-107 honoring Alice Waters (presentation was made at the August 3, 2004 Board meeting).
STATE OF THE COUNTY
Commr. Stivender stated that the Board and staff discussed changing the format for the State of the County and, if the Board was in agreement, the event will be held on October 21, 2004, with a breakfast at 7:30 a.m. at Lake Receptions.
The Board was in agreement and the format and schedule of the event was noted.
EMERGENCY OPERATIONS CENTER/HURRICANE CHARLEY
Commr. Stivender extended her thanks to Mr. Bill Neron, County Manager, Mr. Sandy Minkoff, County Attorney, and staff including Ms. Cindy Hall, Assistant County Manager, as well as the Public Works Department and Emergency Medical Services (EMS), who all worked together so well helping to prepare for Hurricane Charley. She stated that Mr. Butch Whitehead, Emergency Management Director, has done an excellent job training his people.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK