A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OCTOBER 19, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, October 19, 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; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, with two consent items, as well as two items under Reports.
Mr. Sandy Minkoff, County Attorney, informed the Board that he had two requests to bring forward, one being a request from the Lake County School Board to have the County’s outside counsel look at the proposed impact fee study; and the other, a request from the City Managers, the County Manager, and the City and County attorneys to have the County’s outside counsel on water prepare an interlocal agreement between the Cities and the County. He stated that neither request would require action by the Board, since both of them are already under a retainer, he just wanted to bring the requests to the Board’s attention, for discussion, before moving forward.
MINUTES
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 7, 2004 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Riders, Stipulation, Cancellations, and Bond Renewals, as follows:
New
801-05 Stinson Electric, Inc.
3096-05 Terry Ross d/b/a Ross Plumbing
4220-05 Connie Martin d/b/a C. L. Martin Roofing, Inc.
4431-05 Kenneth B. Coker d/b/a Tech Services (Class B A/C)
4525-05 William D. Warshaw d/b/a American Electric of Central Florida, Inc.
4535-05 John F. Kiley d/b/a Kiley and Sons Plumbing, Inc.
4611-05 Randall Construction
4631-05 Wayne Stafford d/b/a D & W Electric of Central Florida, Inc. and Mr. Electric of Lake County
4718-05 Bob Arft d/b/a Arft’s Electric, Inc.
4819-05 Robert M. James d/b/a Bob James Electric, Inc.
4834-05 Melvin Benn Masonry, Inc.
4917-05 Richard Horn d/b/a R & R Electrical Allstar
5041-05 Scott Maassen d/b/a Hawkeye Plumbing Company, Inc.
5140-05 Kenneth B. Coker d/b/a Tech Services (Electrical)
5193-05 Billy Ray Hall d/b/a Bill Hall’s Plumbing
5488-05 Donald T. Smith d/b/a Smith Aluminum, Inc.
5491-05 George F. Crispi (Electrical)
5676-05 Fred R. Wolfe d/b/a B & F Electric of Tampa, Inc.
5696-05 Bun Longly d/b/a United World Electric, Inc.
5911-05 Quality by Design, Inc.
5970-05 Paul Bonadonna d/b/a Central Florida Landscaping and Maintenance, Inc.
5999-05 David Arnette d/b/a Arnette Irrigation, Inc.
6029-05 William Hudgins d/b/a Honest Irrigation and Landscaping, Inc.
6030-05 Terrance L. Urton d/b/a Terray Enterprises, Inc. (Irrigation)
6105-05 Neale Ives d/b/a Ace Pools of South Florida, Inc.
6108-05 Haim Scwartz d/b/a Live Electric, Inc.
6119-05 John E. Hudson d/b/a Creative Aluminum, Inc.
6128-05 Curtis D. Kroeplin d/b/a Kroeplin Irrigation
6137-05 Richard Wilson d/b/a Florida Heritage Homes, Inc.
6190-05 John N. Hessenauer d/b/a Hessenauer Irrigation, Inc.
6193-05 Brian C. Riebel d/b/a Ken’s Plumbing, Inc.
6201-05 David B. White d/b/a The Exspirt Lawn Sprinkler System LLC
6208-05 Winston D. Clarke d/b/a Clarke Electric
6210-05 Steve Whelchel d/b/a The Budd Group Irrigation
Riders
4097-05 Principal’s name changed from R. Richard Boliek d/b/a Lake Glass &
Mirror to Richard R. Boliek d/b/a Lake Glass & Mirror, Inc.
4825-05 Principal’s name changed from Hill John Aluminum to John Hill
Aluminum, Inc.
5121-05 Principal’s name changed to read Michael W. Embree d/b/a Embree
Electric, LLC
5560-05 Principal’s name changed from Douglas Carver to Douglas Carver, Inc.
5787-06 Principal’s name changed from Petty Brandon d/b/a BP Construction
Company to BP Construction Company, Inc.
5876-05 Principal’s name changed to read Danny Ferguson Repair & Installation,
Inc.
5913-04 Principal’s name changed from Robert Willey’s Irrigation & Landscape
Company to Robert C. Willey Irrigation & Landscaping, Inc.
Stipulation
5905-05 Principal’s name is amended to read Messick, Walter Parks, Jr. d/b/a
Messick Irrigation Systems LLC
Cancellations
5765-04 Byron M. Greenlee, II d/b/a Byron Electric, Inc.
6143-04 Stoneriver Landscape, LLC
Bond Renewals
152-06 Bill J. Monn c/o Don Monn Enterprises
5887-05 Ken Abrehamsen d/b/a Pro Delta LLC
Satisfaction and Release of Fine
Request for approval of Satisfaction and Release of Fine for MLHM, as custodian (Ashland), in the amount of $3,000.00, dated May 17, 2004, and recorded in Official Record Book 2599, Pages 1658 through 1660, of the Public Records of the Clerk of Court of Lake County, Florida, on June 23, 2004; and authorized proper signatures on same. Judgment-Creditor acknowledges receipt of said monies, as payment in full of said indebtedness, and hereby acknowledges satisfaction of said Judgment and directs that said Judgment be canceled of record.
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $13,060.35.
Lake County Water Authority’s Final Budget for FY 2004/2005
Request to acknowledge receipt of copy of Lake County Water Authority’s Final Budget for 2004/2005.
FY 2004/2005 Final Budget for St. Johns River Water Management District
Request to acknowledge receipt of copy of FY 2004/2005 Final Budget for the St. Johns River Water Management District, pursuant to s.373.536 (6)(a)(1). The Governing Board adopted the budget on Wednesday, September 22, 2004. This final budget reflects no change in the District’s millage rate (0.462 mills), which has remained unchanged for the past four fiscal years.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Cancellation of Hearing (September 22, 2004) 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.
Information Technology Audit of Lake-Sumter Community College SCT Banner
System Payroll Module
Request to acknowledge receipt of Report No. 2005-027 - Information Technology Audit of Lake-Sumter Community College SCT Banner System Payroll Module.
Meeting Notice from Southwest Florida Water Management District - Agenda for
Governing Board Meeting
Request to acknowledge receipt of Meeting Notice from the Southwest Florida Water Management District - Agenda for Governing Board Meeting scheduled for September 28-29, 2004, at 9:30 a.m., at the Bartow Service Office, located at 170 Century Boulevard, Bartow, Florida 33830-7700; and a set of approved Minutes from the Governing Board Meeting that was held on July 27, 2004, in Brooksville, Florida.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Commission Hearing and Prehearing Conference to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons:
Docket No. 040001-EI - Fuel and Purchase Power Cost Recovery Clause with Generating
Performance Incentive Factor
Docket No. 040002-EG - Energy Conservation Cost Recovery Clause
Docket No. 040003-GU - Purchased Gas Adjustment (PGA) True-Up
Docket No. 040004-GU - Natural Gas Conservation Cost Recovery
Docket No. 040007-EI - Environmental Cost Recovery Clause
Notice is hereby given that the Florida Public Service Commission will hold a public hearing in the above dockets at the following time and place: 9:30 a.m. (EST), November 8, 9, and 10, 2004, Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida. Prehearing Conference - 9:30 a.m. (EST), Monday, October 25,2004, same place, as noted.
Notice of Public Hearing from St. Johns River Water Management District
Request to acknowledge receipt of Notice of Public Hearing - The St. Johns River Water Management District announces a Public Hearing to which all persons are invited - Tuesday, October 12, 2004, at 1:00 p.m. (immediately following the Governing Board/Regulatory agenda items), to approve the District’s Florida Forever Work Plan Annual Update - District Headquarters, 4049 Reid Street, in Palatka, Florida.
Property Placed on Lands Available Lists
Request to acknowledge receipt of property placed on Lands Available Lists (3), pertaining to the Deer Island Club:
Lake County has until December 20, 2004, to purchase property listed on first Lands Available List, before it is available to the public; until December 27, 2004, for the second list; and until December 29, 2004, for the third list.
Notice of Application for Original Water and Wastewater Certificates of Authorization
and Initial Rates and Charges for Hidden Valley SPE LLC
Request to acknowledge receipt of Notice of Application for Original Water and Wastewater Certificates of Authorization and Initial Rates and Charges for Hidden Valley SPE LLC d/b/a Orange Lake in Lake County, Florida - Any objections must be made in writing and filed with the Director, Division of the Commission Clerk and Administrative Services, Florida Public Service Commission, no later than 30 days after the last date that the notice was mailed or published, whichever is later.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budget Office
Request for approval of the following:
Resolution No. 2004-171, to amend the County Transportation Trust Fund, in order to receive unanticipated revenue for Fiscal Year 2003-2004, in the amount of $90,000.00, deposited into 9th Cent Gas Tax; and provide appropriations for the disbursement for 9th Cent Gas Tax to Cities.
Check Request (Direct Pay) from the City of Tavares for reimbursement for sidewalk construction. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $57,574.00.
Impact Fees
Request for approval of Interlocal Agreements with the Town of Lady Lake and the City of Leesburg, relating to the collection of Lake County impact fees by/within the municipalities.
Community Services
Request for approval to submit a Request for Qualifications for library consulting services, to develop a long range plan of service for the Lake County Library System, for Fiscal Years 2005/2006 through 2009/2010.
Request for approval and authorization for the Chairman to sign the Fiscal Year 2004/2005 CDBG Partnership Agreement between the City of Tavares and the County, in an amount not to exceed $100,000.00, granting the City CDBG funds for the first phase of beautification of West Main Street; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Request for approval of the First Amendment to the Partnership Agreement between Lake County and the Town of Montverde; and authorization for the Chairman to sign the Amendment relating to the CDBG.
Request for approval and authorization for the Chairman to sign the Fiscal Year 2004/2005 CDBG Partnership Agreement between the Town of Astatula and the County, in an amount not to exceed $40,000.00, granting the Town CDBG funds to construct sidewalks; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Request for approval and authorization for the Chairman to sign the Fiscal Year 2004/2005 CDBG Partnership Agreement between the Town of Montverde and the County, in an amount not to exceed $40,000.00, granting the Town CDBG funds to construct sidewalks; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Employee Services
Request for approval to accept the renewal and sign agreement for continued excess insurance benefits at the proposed rates from RMTS, for specific and aggregate coverage on the health insurance plan.
Environmental Services
Request for approval to advertise Ordinance to amend Chapter 21 of the Lake County Code, entitled “Pollutant Storage Tank Regulation.”
Growth Management
Request for approval and execution of a Satisfaction and Release of Fine for property owned by Richard and Lucille Weatherspoon, CEB No. 156-98, in the amount of $250.00.
Procurement Services
Request for approval to award the contract for Property Demolition to H. B. Walker, Inc., in accordance with Bid No. 04-065.
Request for approval to award the contract for the engineering services for the waste to energy monitoring to Malcolm Pirnie, Inc., in accordance with RSQ No. 04-092, in the amount of $94,556.00.
Program Analysis and Contract Management
Request for approval of the Lake County Board of County Commissioners Transit Substance Abuse Policy for their contractor and employees involved in the Transit Program.
Public Safety
Request for approval of the Paramedic Certificate Finance Agreement with Valencia Community College for Fiscal Year 2004/2005.
Public Works
Request for approval of Resolution No. 2004-172, advertising public hearing for Vacation Petition No. 1036, by Lake County Public Works, to vacate a portion of a drainage easement, in the Plat of Venetian Village, First Addition, located in Section 11, Township 20 South, Range 26 East, in the Tavares area - Commission District 3.
Request for approval of Resolution No. 2004-173, advertising public hearing for Vacation Petition No. 1038, by Deborah A. Sieffert, to vacate a right of way easement known as Windcrest Lane, located in Section 33, Township 21 South, Range 25 East, in the Groveland area - Commission District 2.
Request for approval to accept a Maintenance Map for Camp Road (CR 3442).
Request for approval and authorization to release a Performance Bond, in the amount of $502,294.69; accept a Maintenance Bond, in the amount of $64,604.40; accept a Developer's Agreement for Maintenance of Improvements between Lake County and KB Home Orlando, LLC; and execute Resolution No. 2004-174, accepting the following roads into the County Road Maintenance System: Rising Star Drive "Part" (CR 0162H), Blue Horizon Drive (CR 0162I), Sunrise Vista Drive "Part" (CR 0162J); and Gold Star Court "Part" (CR 0162L), all relating to Sunrise Lakes Phase III. Sunrise Lakes Phase III consists of 133 lots – Commission District 2.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget
Request for approval of Check Request (Direct Pay) from the Sheriff’s Office, for reimbursement for the Ruby Street Tower Project. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $92,175.10.
Community Services
Request from Community Services for approval to create and appoint members to the Lake County Unmet Needs Committee, as required by the Volunteer Florida Foundation; approval for the Board of County Commissioners to be the local fiscal agent for any funds received; approval to establish an RFP process for the 501©)3 organizations within Lake County to apply for funding; approval to appoint Fletcher Smith, or an alternate designated by him, to serve as Lake County Government’s representative on the Unmet Needs Committee; appoint Butch Whitehead, or an alternate designated by him, to serve as a representative of Lake County Government’s Emergency Management Office; and authorize the Department of Community Services to manage the program and prepare the required plans, reports, and other related documents, as directed by the Lake County Unmet Needs Committee.
BUDGET
Commr. Hill informed the Board that she asked that this request (Tab IV. A. 3. 1.), a request from the Budget Office for approval of a Budget Transfer for the Office of Information Outreach, in the amount of $27,000, be pulled from the County Manager’s Consent Agenda, so that she could be consistent with her previous vote, noting that she would not be voting in favor of this request.
A motion was made by Commr. Hanson and seconded by Commr. Pool to approve a request from the Budget Office for approval of the following: Budget Transfer – General Fund, Office of Information Outreach, in the amount of $27,000.00. Transfer $27,000.00from Reserve for Operations to Communications & Freight ($20,700.00) and Printing & Binding ($6,300.00). Funds are needed to print, bind, and mail brochures to citizens with information concerning the Land Acquisition Referendum that will be on the November 2, 2004 ballot. Funds are available in Reserve for Operations.
Under discussion, Commr. Hanson stated that she felt the brochure that was put together by the Office of Information Outreach was very well done, noting that it was very factual and educational and that she felt it should help the citizens know what they are voting for or against.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Hill voted “No”.
PUBLIC HEARING
ORDINANCE RELATING TO TEMPORARY HOUSING FOR CONSTRUCTION
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its second and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE
COUNTY, FLORIDA; AMENDING SECTION 10.02.02, LAKE COUNTY CODE,
APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED
TEMPORARY HOUSING DURING CONSTRUCTION; REMOVING THE
REQUIREMENT THAT TEMPORARY HOUSING ONLY BE PERMITTED IN
CERTAIN ZONING DISTRICTS; PROVIDING THAT TEMPORARY HOUSING BE
ALLOWED ON LOTS OF ONE (1) ACRE IN SIZE OR LARGER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CODE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2004-68, relating to Temporary Housing for Construction, Amending Section 10.02.02, as presented.
REPORTS - COUNTY ATTORNEY
RETENTION OF SPECIAL MASTER FOR CONFLICT IN CODE ENFORCEMENT
CASES
Mr. Sandy Minkoff, County Attorney, informed the Board that the County is using a Special Master for Code Enforcement cases and it is working very well. He stated that Mr. Bruce Duncan is the Special Master for said cases, however, noted that a case has come up where Mr. Duncan has a conflict. He stated that, when the County initially went out for a Special Master, another gentleman bid the same price as Mr. Duncan, but he was from Orlando, so staff did not recommend him. He stated that they would like to use said gentleman for the case he alluded to earlier and they will then go forward and readvertise, to get additional Special Masters, in case something like this occurs again in the future.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to retain a Special Master for conflicts in Code Enforcement cases.
LAKE COUNTY STORM DEBRIS STATUS REPORT
Mr. Jim Stivender, Jr., Senior Director, Public Works, gave the Board a brief Storm Debris Status Report, at which time he displayed and reviewed a map of the County showing those areas where the debris removal teams have completed their first and second passes of debris pickup from Hurricanes Frances and Jeanne. He stated that they have picked up over 435,000 cubic yards of debris so far, however, noted that it is declining. He stated that they are down to what they estimate to be the last 50,000 cubic yards of debris. He stated that there are some questions as to who is going to reimburse the County for picking up debris on state roads, so he wanted to obtain authorization from the Board to do so. He stated that, with regard to mobile home parks and gated communities and the issue of public access and qualifying for FEMA, they make up less than 2% of the total pickup; therefore, staff would like to obtain approval to pick up the debris in said communities, even though the County may end of paying for it, rather than FEMA. He stated that he felt it was the right thing to do and staff would like to move forward with it.
It was noted that this is the policy the County has been following, thus far, and that it will cost approximately $100,000, plus or minus $20,000, to do so.
Mr. Stivender stated that the debris removal contract the County has is over $10 million and it will be approximately 1% to 2% of that figure. He stated that staff will try their best to get some reimbursement, however, noted that it may be difficult to do.
Commr. Stivender stated that, under the emergency state that the County was in, she made the decision that all citizens of Lake County would be helped, so, if there were any concerns about it, said concerns should be taken up with her, rather than staff.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for authorization to pick up storm debris from state roads, as well as from mobile home parks and gated communities.
Mr. Stivender then requested approval to set a cutoff date for residents to have their debris curbside, for pickup, by November 1, 2004.
A motion was made by Commr. Hanson and seconded by Commr. Hill to approve a request from Public Works that November 1, 2004 be the cutoff date for residents to have their debris curbside, for pickup.
Under discussion, Commr. Cadwell questioned whether the County was going to look at the debris pickup on a case by case basis, or whether the residents would be required to call their garbage haulers.
Mr. Stivender stated that what the County knows for a fact is at the curbside by November 1, 2004, the contractor will be responsible for, however, noted that, if any debris shows up at the curbside after that, it may be up to the County to pick it up and the County will have to go through the process of trying to get reimbursed for it. He stated that FEMA changed their rules, statewide, regarding debris pickup, noting that they are only going to pay 50% for any hand debris that is left after a certain date and the question is whether it is going to be retroactive or not. He stated that staff does not know where the County stands on that issue. He stated that the County and the contractor followed every rule that FEMA had; however, FEMA realized that the numbers were getting rather high and were concerned about it. He stated that staff does not know where the 50% figure came from, however, noted that they will work through each one of the issues.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
TRAVEL TRAILERS/MOTOR HOMES AS TEMPORARY RESIDENCES
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board and discussed the use of travel trailers/motor homes as temporary residences while conventional homes are being repaired, due to hurricane damage. He stated that some provisions of the Code prevent the County from allowing RVs in residential areas, while people are fixing their homes. He stated that there are some cases where FEMA, or insurance companies, have provided RVs for people to live in, while their homes are being repaired, but the County cannot allow it. He stated that the County has not cited anyone yet, thus, the reason for bringing the matter forward this date, to make the Board aware of it.
Mr. Sandy Minkoff, County Attorney, interjected that, if there is an existing single family home, no permit is required for the homeowner to have an RV on their property. However, he noted that an issue may arise regarding some of the setback requirements.
It was noted that the cases will be handled on a case by case basis and that a motion was not required at this time.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham, President of the Forest Hills Association, addressed the Board
stating that the Lake Mack area is still flooded and the residents need help with pumping the water out of their area.
It was noted that Mr. Jim Stivender, Jr., Senior Director, Public Works, would check into the matter, to see what the County can do.
ADDENDUM NO. 1
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
“SLOW SPEED/MINIMUM WAKE ZONE” ON CERTAIN LAKES IN COUNTY
Commr. Stivender informed the Board that, during the emergency order, she declared a “Slow Speed/Minimum Wake Zone” on certain lakes in the County, after receiving complaints from residents who already had water going over their docks that boaters would go zooming by their homes, causing wakes and further damage to their docks. She stated that some additional lakes have risen; therefore, she felt the Board should start assisting the residents, by approving the Resolution before them.
Mr. Sandy Minkoff, County Attorney, stated that the County is expecting the Local State of Emergency to expire this week and all of the Orders will expire with it. He stated that the County’s Code requires that, if the Board determines it is necessary to place a speed limit on lakes, it be done by Resolution. He noted that the lakes listed in the Resolution will have a 60 day time limit for the “Slow Speed/Minimum Wake Zone”.
Commr. Pool suggested that the public boat ramps have the same limitation, as well, noting that for some reason people want to go near the shore line to do their water skiing, which creates havoc for the property owners. He stated that he has received many calls about shore lines, boat docks, and boat houses being impacted and torn up by the wake and the skiers. He stated that the local newspapers could do a great service to the community by alerting the public about the “Slow Speed/Minimum Wake Zone” on the lakes.
Mr. Minkoff stated that he understood the Sheriff’s Office was working with Public Works to get some signs posted on the boat ramps.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2004-175, establishing a “Slow Speed/Minimum Wake Zone” on Lake Crescent, Lake Emma, Lake Susan, Lake Sellers, Lake Beakman, on a portion of the St. Johns River, and within 200 yards of the shores of Lake Minneola, Lake Minnehaha, and Lake Louisa.
REPORTS - COUNTY ATTORNEY
WATER ALLIANCE AGREEMENT
Mr. Sandy Minkoff, County Attorney, informed the Board that Mr. Jake Varn and Ms. Linda Shelley, who were working with the cities in the County, trying to put together an interlocal agreement to do studies for water and creating some kind of countywide water group, have been hired by the St. Johns River Water Management District. He stated that he and the city attorneys met recently and determined that a simple water alliance agreement should be prepared, at a cost of approximately $1,500 to $2,000, allowing a countywide study to be done on water needs and availability for the cities. He stated that, should the Board approve the request, staff will bring back to them an agenda item regarding the budget transfer.
It was the consensus of the Board that staff move forward with said agreement.
REPORTS - COUNTY ATTORNEY
RANDY YOUNG STUDY
Mr. Sandy Minkoff, County Attorney, informed the Board that he had received an email from Mr. Steve Johnson, Attorney, Lake County School Board, regarding a possible legal review of the Randy Young Study that was done, which is the basis for the request for the new school impact fee, noting that the School Board was under the impression that Mr. Young had had a full legal review done of that report, before it was presented, however, discovered that was not the case. He stated that he believed the intent of the email received from Mr. Johnson was for the Board to charge the law firm of Nabors Giblin with reviewing the report and giving them a recommendation as to whether or not it meets legal standards for impact fees. He stated that he did not have a cost to do so, at this time, but would bring a figure and full presentation back to the Board at a later date, should they decide to approve the request. He noted that the costs would come out of the school impact fees.
It was the consensus of the Board that Mr. Minkoff move forward with the request and bring a full presentation back to them at a later date.
REPORTS - COMMISSIONER HILL - DISTRICT 1
OPEN SPACE SEMINAR
Commr. Hill stated that she enjoyed the Open Space Seminar that was held Monday, October 18, 2004, which Commr. Hanson headed, noting that she felt staff did a wonderful job in presenting it. She stated that it was very informative and she appreciated Commr. Hanson bringing the matter forward.
REPORTS - COMMISSIONER POOL - DISTRICT 2
ANNUAL OPENING CEREMONIES FOR THE PLANTATION AT LEESBURG
OLYMPICS
Commr. Pool stated that he wanted to thank The Plantation at Leesburg for inviting the Board to their annual opening ceremonies for “The Plantation at Leesburg Olympics”, noting that there were approximately 900 participants and 53 activities. He stated that they put on quite a ceremony and that he really enjoyed himself and applauded them for a job well done.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LAKE COUNTY HISTORICAL MUSEUM IN HARCOURT’S THIRD GRADE
SOCIAL STUDIES TEXTBOOKS
Commr. Stivender informed the Board that the Lake County Historical Museum is featured in Harcourt’s third grade Social Studies textbook, which is used all over the world, and she felt the County’s citizens should know who Dr. Diane Kamp, Director, Lake County Historical Museum, is and the fact that she worked with Harcourt to get said information into the textbooks.
The Board thanked Dr. Kamp for the wonderful job she does in making the County more aware and appreciative of its historic heritage.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
NATIONAL ASSOCIATION OF COUNTIES’ BOARD OF DIRECTORS
Commr. Stivender informed the Board that Commr. Welton Cadwell was appointed to the National Association of Counties’ Board of Directors, by the Florida Association of Counties, and congratulated him on said appointment.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LAKE COUNTY CANVASSING BOARD
Commr. Stivender informed the Board that she appointed both Commr. Hill and Commr. Pool to the Lake County Canvassing Board, noting that Judge Boylston, who heads the Canvassing Board, will not be in town October 29, 30, and 31, 2004. She stated that a Commissioner has to be present in the Elections Office those three days and she did not want to burden just one Commissioner with that duty, so she appointed both of them to said Board, so that they can take turns, in shifts.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the appointment of Commrs. Hill and Pool to the Lake County Canvassing Board.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
HURRICANE RELIEF CHRISTMAS DRIVE
Commr. Stivender suggested that a Hurricane Relief Christmas Drive be held, to help those victims of the recent hurricanes who may not have the money to provide their families with Christmas items, such as food and gifts. She noted that she would be providing the Board with additional information at a later date.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
OPEN SPACE SEMINAR
Commr. Hanson congratulated staff on a job well done, with regard to the Open Space Seminar that was held Monday, October 18, 2004.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
LETTER SUPPORTING UNITED WAY
Commr. Hanson informed the Board that she had a draft letter that would be going out to all Lake County employees, thanking them for their past and continued support of United Way, and that she would like to have each of the Commissioner’s signatures on the letter.
RECESS AND REASSEMBLY
At 9:50 a.m., the Chairman announced that the Board would take a brief recess. The meeting was reconvened at 10:05 a.m., at which time the Chairman announced that the Board would recess once again for the Closed Session.
CLOSED SESSION - LITIGATION REGARDING WRIGHT VS. LAKE COUNTY
Mr. Sandy Minkoff, County Attorney, informed the Board that, at the last Board Meeting, pursuant to F.S. 286.011, he made a request to meet in Closed Session, to discuss litigation involving the County. He stated that, although the Agenda mentioned just one case, they would be discussing more than one case. He stated that, once they began the discussions, they would be confined to settlement negotiations and strategy sessions, but no decisions would be made. He stated that a Court Reporter would be present and would record the entire session, including when the discussions began and terminated, as well as all discussions and proceedings, the names of everyone present and everyone who speaks. He stated that no part of the session would be allowed to be off the record and the Court Reporter’s notes would be transcribed and kept until the cases are completed. He stated that the meeting was advertised and, in addition to the Commissioners, Mr. Bill Neron, County Manager, and himself, along with Ms. Melanie Marsh, Assistant County Attorney, would be present. He stated that the estimated length of time for the meeting would be 45 minutes.
RECESS AND REASSEMBLY
At 10:45 a.m., the Chairman reconvened the meeting.
ADDENDUM NO. 1
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
COUNTY MANAGER’S EVALUATION
Commr. Stivender stated that the Board had been given a copy of the comments that were made by each of the Commissioners, in their evaluation of the County Manager, at which time they each commented about the evaluation, as follows:
Commr. Stivender stated that she rated the County Manager’s performance as “adequate”, which she does not feel is what the County needs, in that it falls short of the expectations desired in a County Manager. She recommended that his contract not be renewed in November of this year, when it comes back up for approval.
Commr. Pool stated that he felt his evaluation was fair and just and that, while there may be room for improvement, he feels the County Manager has adequately performed the job that he was directed to do and, in some areas, has performed above expectation.
Commr. Cadwell stated that the County Manager responds to his problems and concerns in a timely manner and shows him respect, however, noted that, if there is a problem with him not doing so for the other Commissioners, he feels they need to talk about it and get it resolved.
Commr. Hanson stated that she feels the County Manager’s approval rating is “average”. She stated that there are a lot of opportunities for improvement and that she feels he is willing to work on them. She stated that she generally gets any issues of concern addressed, although they may not be addressed in as timely a manner as she would like, but noted that she is working with him on it. She stated that a lot of good things have happened in the County and she feels he should be recognized for them. She stated that the process of trying to find a perfect County Manager is very difficult and that, if the County is without a County Manager, it will probably be a year before another one is hired permanently, which creates a lot of turmoil within the County’s staff, as well as within the community. She stated that Mr. Neron may not be the best person for the job, however, advised the Board to look at what the County has, versus where it could be and what they would have to go through to find another County Manager. She commended the County Manager for having the ability to hire some top notch staff to surround him, which she feels is a major plus.
Commr. Hill stated that it seems like the majority of the Board likes mediocre, but she looks forward to having something more than mediocre. She stated that it should be the Board’s goals that come forward and that they should take the leadership role and she does not feel that is what is happening. She stated that the Board needs to make some definite goals and let the citizens know the direction that the Board wants the County to go. She stated that it should not be the County Manager giving the Board direction, which she feels is what is occurring, but the Board giving the County Manager direction.
Mr. Neron, County Manager, stated that he would like to identify those areas where the Board is not happy with his performance and flush them out. He stated that he and his staff want to be as responsive to the direction of the Board as they can possibly be. He stated that, apparently, they need to do a better job in some areas and he plans to identify those areas and move ahead progressively.
Commr. Cadwell stated that there are two Commissioners on the Board that are not happy at all with the County Manager and that has never happened before, which concerns him.
Commr. Hanson stated that she feels the Board definitely needs to have a goal setting workshop and would recommend that they bring out the Lake County Tomorrow visioning in advance of the workshop. She stated that she felt the County Manager should be given a six months review and, in the meantime, each one of the Commissioners should work very closely with him. She stated that, if any of them are not doing that, it makes it difficult to accomplish the goals that the Board has set for the County.
Commr. Stivender interjected that the Board needed to address the County Manager’s contract, because the one that he signed is very specific in that it will automatically be renewed for two years, if the Board moves forward with it.
It was suggested that the Board take a quick recess and have the County Attorney look over the language contained in the County Manager’s contract.
RECESS AND REASSEMBLY
At 11:10 a.m., the Chairman announced that the Board would recess for five minutes.
COUNTY MANAGER’S EVALUATION (CONT’D.)
Commr. Cadwell stated that he spoke with the County Attorney and was informed that the County Manager’s current contract contains a six month severance clause. He stated that he did not see how the County Manager could manage the County on a six month contract, as Commr. Hanson had suggested, therefore, felt the County should enter into a one year contract, with a performance review in six months, along with a six month severance, which would give the County Manager some protection, if he is not able to turn things around.
Mr. Neron suggested that the Board extend the current contract for an additional year, keeping all the other provisions the same, which provides for the six month severance, and set a performance evaluation again in six months. He stated that he hoped, in the meantime, the Board could hold a workshop to set some goals and objectives, so that he will have clear direction as to where the Board wants him to go.
Commr. Hanson stated that, rather than the Board conducting a six month review, she felt Mr. Neron should work with each individual Commissioner, to see where he stands in six months.
Commr. Cadwell stated that he was concerned about how Mr. Neron will now be perceived by the other employees and the community, noting that the Board needs to make sure that the majority of them are somewhat satisfied with his performance.
Mr. Ed Havill, Lake County Property Appraiser, addressed the Board stating that, not only does Mr. Neron have to work with the five Commissioners on a daily basis, but has to work with the five constitutional officers, as well, and that, if the Board polled the constitutional officers, they would find a unanimous vote in favor of keeping Mr. Neron on board. He stated that the Board knows what they have in Mr. Neron, however, cautioned that some prospects will paint a “pie in the sky” picture and make promises that they may or may not keep. He stated that he has been very impressed with the job that Mr. Neron has done, in relation to his office, and that he feels the other constitutional officers feel the same way. He stated that the County has a lot of challenges ahead of it and he feels the Board, along with the County Manager, can meet those challenges and the constitutional officers can help.
A motion was made by Commr. Pool and seconded by Commr. Hanson to extend the County Manager’s contract for one additional year, rather than two, keeping all the other provisions the same, which provides for a six month’s severance, and, in the meantime, that the County Manager try to resolve any problems that the members of the Board may have with him and/or his performance.
Under discussion, Commr. Stivender stated that each of the Commissioners listed specific items that they wanted to do, as a whole, however, noted that, over the past year some of them have been rearranged by the County Manager and his office, which she has a major problem with. She stated that, in her opinion, if the Board makes a decision and the County Manager wants to change something, he needs to come back to them and indicate that he feels it should be done a different way, rather than changing things and having the Board find out about it from other individuals. She stated that, if the Board sets guidelines and policies and a direction that they want to go in, it needs to be adhered to, because that is what they get elected for and what they go out there and fight for. She stated that they are trying to save the taxpayers money and do the best job they can for everybody; therefore, if a policy that they have set needs to be changed, it should go through them, to see what they want changed.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Stivender voted “No”.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK