A
REGULAR MEETING OF THE BOARD OF
JANUARY
18, 2005
The
Lake County Board of
INVOCATION
AND PLEDGE
Mr.
Sandy Minkoff,
AGENDA
UPDATE
Mr.
Bill Neron,
Mr.
Minkoff requested that two items be added to the agenda under the reports
section of the meeting because they will require Board action.
On
a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by
a vote of 4-0, the Board added the following to the agenda under the County
Attorney’s report section: discussion of a lease with the City of Minneola for
space for the Lake County Property Appraiser and the Lake County Supervisor of
Elections; discussion of a possible right of way purchase that might resolve
the Wright vs Lake County case regarding the Donmar Road vacation.
MINUTE
APPROVAL
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved the Minutes of December 7, 2004 (Regular Meeting)
as presented.
CLERK
OF COURTS’ CONSENT AGENDA
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a
vote of 4-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1
through 6, for the following requests:
Contractor
Bonds - New, Cancellations, and Riders:
Approval of
Contractor Bonds, new, cancellation and riders as follow:
New
|
5878-05 |
Ronald Pileggi/Audio Video
Integration, Inc. (Low Voltage Security System Contractor |
|
6234-05 |
Michael Diestler d.b.a. Mykee Electric,
Inc. |
|
6235-05 |
Arthur J Meadors, Accurate Art’s
Plumbing & Tile, Inc. |
|
6236-05 |
Prosource Roofing of Florida, LTD |
|
6237-05 |
Scott Stewart d.b.a. RNI
Construction, Inc. |
|
6238-05 |
Marcos Pardo d.b.a. Pardo
Construction (Roofing Contractor) |
Cancellation
|
6203-04 |
John D. Odom d.b.a. Odom Electrical
Services, Inc. |
Riders
|
1386-05 |
Change Principal name from: Clifford
A. Twetan to: Clifford A. Twetan dba Clifford Twetan Custom Builders, Inc. |
|
6066-05 |
Change Bond Number from: 037712
20629071 to: 037712 66629071. |
Satisfaction
and Release of Fine
Approval of
Satisfaction and Release of Fine as follows: In consideration of the payment of
$500.00, Judgment-Creditor, Lake County, fully releases and discharges
Judgment-Debtor, Dilipkumar and Daxaben Talati, from any claims, demands,
causes of action and judgments arising to the Order of Fine dated December 13,
2004.
Public Service
Commission
Acknowledge
receipt of the following: Before the Public Service Commission, In re:
Application for certificates to provide water and wastewater service in Lake
County by Hidden Valley SPE LLC d/b/a Orange Lake. Docket Number 041141-WS,
Order Number PSC-04-1270-PAA-WS, Issued December 22, 2004 – Order Granting
Original Certificate Numbers 625-W and 536-S to Operate Water and Wastewater
Utility in Lake County to Hidden Valley SPE LLC D/B/A Orange Lake and Notice of
Proposed Agency Action Order Establishing Initial Rates and Charges.
Acknowledge
receipt of the St. Johns River Water Management District's 2005 Governing Board
Meeting Schedule.
City of Tavares
– Annexation Ordinances
Acknowledge
receipt of the following Annexation Ordinances from the City of Tavares: Ordinance
2004-30 – Annexing Approximately 1.82 Acres Located at 31901 Lake Elsie Drive,
Approximately 660 Feet East of Druid Place, and as further described, passed
and ordained the 15th day of December 2004; and Ordinance 2004-32 –
Annexing Approximately 13.49 Acres Located on the South Side of Dora Avenue and
Adjacent to Lake Elsie Drive on the West, and as further described, passed and
ordained the 15th day of December 2004 – Acknowledge receipt.
Public Service
Commission
Acknowledge
receipt of the following: Before the Florida Public Service Commission, Notice
of Commission Hearing and Prehearing – Docket Number 040604-TL – Adoption of
the National School Lunch Program and an Income-Based Criterion at or Below
135% of the Federal Poverty guidelines as Eligibility Criteria for the Lifeline
and Link-Up Programs, as follows: Hearing – Thursday, January 20, 2005, 9:30
a.m., Room 148 Betty Easley Conference Center,
On a motion by Commr. Hanson,
seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board
approved the
Community
Services
Approval of Sprint
Contract Addendum and Schools and Libraries Funding Program Addendum and
authorization for County Manager to sign any additional addendums with a fiscal
impact of less than $25,000.00.
Adoption of Resolution
2005-8 authorizing submission of an application for a Public Library
Construction Grant and authorizing the BCC Chairman to sign grant application
documents.
Approval and
authorization for the Chairman to sign the Community Development Block Grant
(CDBG) Partnership Agreement between Lake County and Homes in Partnership,
Inc., in an amount not to exceed $24,000.00, to cover the cost of paving
Hollywood Avenue in Eustis to provide access to affordable homes, and to direct
the Department of Community Services to execute the Agreement and oversee completion
of the project covered in the Scope of Services.
Procurement
Services
Approval to
declare the items on the attached lists surplus to County needs and authorize
disposal as described; authorize the removal of all of the items on the
attached lists from the County's official fixed asset inventory system records;
and authorize the Procurement Services Director to sign the vehicle titles.
Public Safety
Approval and
execution of the Florida Department of Health Emergency Medical Services (EMS)
Grant.
Public Works
Approval of Resolution
2005-9 to advertise Public Hearing for Vacation Petition Number 1042,
Representative Leonard H. Baird, to vacate a portion of a non-exclusive
easement located in Section 24, Township 23 South, Range 25 East, in the
Clermont area – Commission District 2.
Procurement
Services (Addendum No. 1)
Approval to
award the contract for Cooper Memorial Library to Harvard Jolly, Inc., in accordance
with RSQ 04-100, and award Task 1 of the project.
PUBLIC
HEARING
LOCAL
LAW ENFORCEMENT BLOCK GRANT, 2004-2006
Mr.
Fletcher Smith, Community Services Director, stated that Ms. Robbie Hollenbeck,
Special Projects Coordinator, Community Services, convened the Local Law
Enforcement Block Grant (LLEBG) Advisory Committee on January 13, 2005, to
determine the method for expending LLEBG funds.
Lake
County Sheriff Chris Daniels stated that the Sheriff’s Office wants to buy
tasers, upgrade the firearms training simulator and buy a variable message
board. The message board can be used for emergency messages, at special events
and gatherings and for the Amber Alert system.
Commr.
Hanson asked if these or other dollars could be used for electronic
surveillance monitoring bracelets.
Sheriff
Daniels explained that this is a Department of Justice grant that is
specifically for law enforcement type uses. He stated that, while supportive of
the electronic surveillance program, the monitoring of pre-trial or post-trail
released prisoners is more of a function of the Department of Corrections.
Commr.
Hill opened the public hearing. There being no public comment, the public
hearing portion of the meeting was closed.
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved the proposed uses of the 2004-2006 (Federal
Fiscal Year 2004) Local Law Enforcement Block Grant (LLEBG) funds of $83,844.00,
with matching funds of $9,316.00, for a total of $93,160.00.
PUBLIC
HEARING
AMENDMENTS
TO FFY 2004-2008 CONSOLIDATED PLAN FOR CDBG
Ms. Liz Eginton, Community
Development Block Grant (CDBG) Director, explained five amendments to the
Federal Fiscal Year 2004-2008 Consolidated Plan, as outlined in the backup
material, in order to achieve consistency between the Federal budget and the
County budget. Some funds will be transferred to projects that are moving in
order to maintain expenditure rates. There are approximately $200,000 in
uncommitted funds which can be used for paving assessment assistance. Some
Housing funds will be transferred to build a road,
Commr. Hanson stated that she is
still moving forward on the sidewalk project in
Ms. Eginton stated that the area
does not meet the area benefit test.
Commr. Hanson stated that the people
who would use the sidewalk are at the poverty level and there are pockets of
areas along State Road 46 that probably would meet the test.
Ms. Eginton explained that, based on
the block group level information, that area does not meet the area benefit
test because the block group itself is not predominately low and moderate
income. She offered that there is some other information that can be looked at
but the whole area that it serves would have to be low and moderate income.
According to Federal regulations, determinations have to be based on the 2000
census information.
Commr.
Hanson reiterated that she believes that area would qualify and that the need
is there.
Ms.Eginton
agreed to keep looking at that area.
In
response to an inquiry by Commr. Hill regarding the
Commr.
Hill opened the public hearing. There being no public comment, the public
hearing portion of the meeting was closed.
On
a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously,
by a vote of 4-0, the Board approved the amendments to the Federal Fiscal Year
(FFY) 2004-2008 Consolidated Plan and directed the CDBG Division of the
Department of Community Services to transmit the amendments to the U.S.
Department of Housing and Urban Development.
CITIZEN
QUESTION AND COMMENT PERIOD
Travis
Whigham
Mr.
Travis Whigham, President of the
Forest Hills Association, Inc., asked the Board to let Florida Governor Jeb
Bush know that we are spending more taxpayer dollars than is necessary because
students are being put in portables. The portables have to be paid for plus the
classrooms have to be built and paid for afterwards. He noted that the State
generally does not fund the counties until after classrooms are overcrowded and
there is no cost effectiveness in that process. He suggested that land should
be purchased and buildings built upon the projection of a need for a new
school. He opined that this would save taxpayers at least one-half a million
dollars per school. He stated that the State of Florida should agree to funding
expansion projects before the schools are overcrowded, thus saving taxpayer
money and keeping students out of temporary portables. He asked the Board to
join with the Florida Association of Counties to push the State legislators to
release funds before the overcrowding problem occurs.
Christine
Harris
Ms.
Christine Harris of
Mr.
Jerry Smith,
Mr.
Fletcher Smith, Lake County Community Services Director, stated that programs
are still available for citizens who have conventional or mobile home damage.
The SHIP (State Housing Initiatives Partnership) home repair program allocated
approximately $475,000 for people who meet the income eligibility requirements.
The County also received a $35,000 grant from the Florida Hurricane Relief Fund
through the Volunteer Florida Foundation for assistance with insurance
deductibles. Applications are still being accepted. The Volunteer Florida grant
is strictly for elderly or disabled persons who live in mobile homes. He agreed
that a lot of people have been turned down but persons who have had
applications rejected should resubmit those applications to FEMA.
ELDER
COUNCIL – APPOINTMENTS/REAPPOINTMENTS
Discussion
was held regarding applicants for vacant positions on the Elder Council (Elder
Affairs Coordinating Council).
Commr.
Hanson noted that Ms. Stacey Hylander, who has reapplied and is a resident of District
5, was appointed last year to represent District 2 because there were no
applicants from District 2 at that time. There are three applicants from
District 2 at this time and the two District 5 members are seeking
reappointment.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board appointed/reappointed the following persons to the
Elder Council (Elder Affairs Coordinating Council) to serve two-year terms
beginning February 1, 2005:
Because
Commr. Stivender is not present at today’s meeting, District 3 appointments
will be addressed at the January 25, 2005, Board meeting.
Commr.
Hanson announced that the Elder Council is presenting a Communities for a Lifetime workshop from 8:30 a.m. to noon, Friday,
January 28, 2005, in the Magnolia Room of the
NORTH
CENTRAL FLORIDA HEALTH PLANNING COUNCIL
BOARD
OF DIRECTORS - APPOINTMENT
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board appointed Dr. Mary Anderson to the consumer capacity
seat on the North Central Florida Health Planning Council Board of Directors to
complete an unexpired term ending September 30, 2006.
Mr.
John Cherry currently fills the provider seat and there were no applicants for
the purchaser seat.
AGRICULTURAL
ADVISORY COMMITTEE - APPOINTMENT
On a motion by Commr. Pool, seconded
by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board pulled
the appointments to the Agricultural Advisory Committee until a later date at
the request of Commr. Hill.
REPORTS –
OFFICE SPACE LEASE WITH CITY OF
Mr.
Sandy Minkoff,
A motion was made by Commr. Pool and
seconded by Commr. Cadwell to approve a four-year lease agreement between
Under discussion, regarding the
urgency for the lease agreement, Mr. Bill Neron,
Commr. Pool pointed out that there
were concerns with early voting at
Commr. Hill called for a vote on the
motion which carried unanimously, by a vote of 4-0.
WRIGHT
VS
AND
SALES AGREEMENT
Mr.
Minkoff explained that
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved the Real Estate Purchase and Sales Agreement
between Carolyn M. Peters, Raymond E. Peters and Debra Ellen Peters and Lake
County for an easement for a public access road to be used for road, road
related and utility purposes, approximately .75 acre, for a purchase price of
$7,500.00; contingent upon approval from Frank Wright to end the Wright vs Lake
County litigation case.
Commr.
Cadwell thanked the Public Works Right-of-Way staff and the
REPORTS –
CAT PROTECTION SOCIETY – IMPACT
FEES (ADDENDUM NO. 1)
Mr.
Bill Neron,
Commr.
Hanson emphasized that she was not suggesting that the impact fees be paid for
out of general revenue or that a waiver should be given to the Cat Protection
Society. She stated that the issue is giving credit for an impact that is
already there that will be removed when the current building is vacated and,
possibly, demolished. The new building is in the same benefit district. She
explained that this would be similar to moving a house to another piece of
property in the same district, adding to it, but not creating a new impact. Her
position is that she is asking that the Cat Protection Society pay for the
additional square footage, as if the building were being moved and being added
onto in the same district.
Commr.
Hill asked if impact fees were paid on the current building.
Commr.
Hanson replied that probably the current building was built before impact fees
were enacted.
Mr. Sandy Minkoff,
Commr. Hanson stated that,
logically, the Cat Protection Society should not have to pay an impact for the
whole building. The Society may conduct its own evaluation of the impact of
their project.
Regarding a study, Mr. Minkoff
explained that, if there is a use that is not in the impact fee chart, such as
this one, three other similar facilities in
Mr. Neron advised that a veterinary
boarding facility was used for the evaluation.
A motion was made by Commr. Hanson
to direct staff to come back with recommendations on a modification of the
ordinance to deal with credits on impact fees when a new impact is not created.
Further discussion occurred
regarding the study, transferring impacts within a district and the effects or
ramifications of changing the ordinance.
Commissioners Cadwell and Pool agreed
that this may be worthwhile but the ramifications are not know.
Commr. Hanson reiterated her remarks
regarding giving credits when an existing house is added onto and paying the
difference when square footage is increased.
Commr. Hanson amended her motion in that
she would ask staff to bring back some wording of how that policy would
actually work and also what staff perceives are the ramifications of it, but not
specific to this particular case.
Commr. Cadwell seconded the motion.
Under discussion, Commr. Pool
concurred that it should be a broad-based review.
Commr.
Hanson further amended her motion adding language directing staff to review the
issue with the Impact Fee Committee before bringing back recommendations to the
Board.
Commr.
Cadwell amended his second.
Under
discussion, Commr. Cadwell asked staff to bring forward, if easy to get during research,
the amount of impact fees paid by non-profits, such as the Humane Society and SunriseArc,
over the last several years. He suggested that, if not a big dollar figure, the
Board, policy wise, might want to do it that way.
Commr.
Hill stated that
Commr.
Hanson reiterated that we are not looking at eliminating or giving a waiver to
the impacts.
Commr.
Hill stated that, if tearing down a building or moving from a facility that is
being leased, it gets a little convoluted.
Commr.
Cadwell pointed out that these folks are out in the community gathering up
money to provide a service that sometimes government provides. He added that
this might be a way for the County to participate in what the non-profit
agencies are doing.
Commr. Hill called for a vote on the
motion, as amended, which carried by a vote of 3-1.
Commr. Hill voted “No.”
REPORTS – COMMISSIONER POOL –
DISTRICT #2
Commr. Pool stated that
On a motion by Commr. Pool, seconded
by Commr. Cadwell and carried unanimously, by a vote of 4-0, the Board approved
Resolution 2005-10 honoring the East Ridge High School Football Team and
approved Resolution 2005-11 honoring the Tavares High School Football Team.
MARTIN LUTHER KING, JR., DAY
Commr.
Pool congratulated the
LAKE
COMMUNITY ACTION AGENCY
Commr.
Pool stated that he attended a dinner for the Lake Community Action Agency on
January 13, 2005. That Agency does a lot of work for the community and for
REPORTS – COMMISSIONER HANSON –
DISTRICT #4
Commr.
Hanson read a January 7, 2005, letter from Dr. Mary Anderson, 1st Vice
President, Oklawaha Valley Audubon, which was addressed to the Lake County
School Board, thanking all who participated in the November 22 Lake County
Water Day. Her Audubon chapter was able to sponsor this event with a grant from
the Lake County Water Authority, the in-kind contribution from Audubon
Adventures, the Audubon Birds of Prey Center and
REPORTS – COMMISSIONER CADWELL –
DISTRICT #5
MARTIN LUTHER KING, JR., DAY
Commr.
Cadwell stated that he represented the Board at a nice program for Martin
Luther King, Jr., Day at
LAKE
TECHNICAL CENTER/INDUSTRIAL DEVELOPMENT AUTHORITY
Commr.
Cadwell stated that membership on the Industrial Development Authority (IDA)
has always included the School Board, basically because of a connection with
It was the consensus of the Board
that Commr. Cadwell will discuss with the IDA the possibility of adding a
non-voting member representing
REPORTS – COMMISSIONER HANSON –
DISTRICT #4 (CONTINUED)
MARTIN
LUTHER KING, JR., DAY
Commr.
Hanson stated that she and Commr. Stivender attended the Martin Luther King, Jr.,
breakfast Friday, January 14, 2005, at the
REPORTS
– COMMISSIONER CADWELL – DISTRICT #5 (CONTINUED)
FOREST
HILLS ASSOCIATION, INC.
Commr.
Cadwell stated that Mr. Travis Whigham has helped in forming a community
association in the Forest Hills/Lake Mack area and is President of the Forest
Hills Association, Inc. The Board previously approved the lease agreement
between
A
motion was made by Commr. Cadwell and seconded by Commr. Hanson to place on the
agenda the issue of the liability insurance requirement in the lease agreement
between
Under
discussion, Commr. Pool asked what the cost would be under the County’s
umbrella policy.
Mr.
Sandy Minkoff,
Commr.
Hill called for a vote on the motion, which carried unanimously by a vote of
4-0, to add the item to the agenda.
On
a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously,
by a vote of 4-0, the Board approved to remove the requirement of liability
insurance from the lease agreement between Lake County and the Forest Hills
Association, Inc., for use of the unoccupied Forest Hills Volunteer Fire
Station, commonly known as the Lake Mack Fire Station; the County Attorney will
review the lease to limit the County’s liabilities regarding functions at the former
fire station; and approved the signature of the Chairman once the County
Attorney signs off on it.
REPORTS – COMMISSIONER HILL –
CHAIRMAN & DISTRICT #1
MARTIN LUTHER KING, JR., DAY
Commr.
Hill thanked the entire Board for representing the Board at the various Martin
Luther King, Jr., events over the weekend while she was out of town.
OTHER BUSINESS (ADDENDUM NO. 1)
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board appointed Mr. Larry Metz as the School Board’s
representative on the Lake County Zoning Board to complete an unexpired term
ending January 31, 2007.
LAKE
On
a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by
a vote of 4-0, the Board appointed Ms. Becky Elswick as the School Board’s
representative on the Lake County Local Planning Agency (LPA) to complete an
unexpired term ending January 31, 2007.
ADJOURNMENT
There being no further business to
be brought to the attention of the Board, the meeting was adjourned at 9:55 a.m.
__________________________
JENNIFER
HILL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK