A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL
5, 2005
The
Lake County Board of County Commissioners met in regular session on Tuesday, April
5, 2005, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake
County Administration Building, Tavares, Florida. Commissioners present at the
meeting were: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman;
Welton G. Cadwell; Debbie Stivender; and Robert A. Pool. Others present were:
Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County
Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’
Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley,
Deputy Clerk.
INVOCATION
AND PLEDGE
Pastor
John Blake, New Life Presbyterian Church of Fruitland Park, Florida, gave the
Invocation and led the Pledge of Allegiance.
RECOGNITION
Commr.
Hill recognized City of Clermont Council Member Ray Goodgame and former state
Senator Richard Langley.
AGENDA
UPDATE
Mr.
Bill Neron, County Manager, stated that Addendum No. 1 includes one item under
the County Manager’s Consent Agenda.
Commr.
Cadwell requested, as a point of privilege to the Board, that he have an
opportunity to address the Board after the Employee Awards portion of today’s meeting.
MINUTE
APPROVAL
On
a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of February 22, 2005, Regular
Meeting, as presented.
Regarding
the Minutes of February 28, 2005, Commr. Hanson requested the following
correction:
On
Page 13, Line 7, change Shockley Heights to Wekiva Falls.
On
a motion by Commr. Hanson, seconded by Commr. Stivender and carried
unanimously, by a vote of 5-0, the Board approved the Minutes of February 28,
2005, Special Meeting, as corrected.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of March 1, 2005, Regular
Meeting, as presented.
CLERK
OF COURTS’ CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously
by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items
1 through 9, as follows:
List of Checks
or Warrants Paid
Request to acknowledge receipt of list of checks or
warrants paid prior to this meeting, pursuant to Chapter 136.06(1) of the
Florida Statutes, which shall be incorporated into the Minutes as attached
Exhibit A and filed in the Board Support Division of the Clerk's Office.
Fixed Assets
Request for approval from Administrative
Services/Records Storage Facility to remove two Canon Microfilm Scanner 400,
serial numbers AB301314 and AB305547, from fixed assets and donate both
scanners to the Orange County School Board. Both scanners were declared surplus
in June 2004. Request approval of deletion of fixed assets, $14,990.26, and
donation of items to the Orange County School Board.
Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution
of Revenue Traffic/Criminal Cases, Month Ending 28 February 2005. Disbursements
due to Board: $145,443.72. Same period, last year: $225,107.20.
Florida Public Service Commission
Request to acknowledge receipt: Before the Florida
Public Service Commission, Notice of Commission Hearing and Prehearing to
Progress Energy Florida, Inc., Office of Public Counsel, Florida Industrial
Power Users Group, Buddy L. Hansen, Sugarmill Woods Civic Association, Inc. and
All Interested Persons, Docket Number 041272-EI, Petition for Approval of Storm
Cost Recovery Clause for Recovery of Extraordinary Expenditures Related to
Hurricanes Charley, Frances, Jeanne, and Ivan, by Progress Energy Florida, Inc.
(for dates of hearings, see backup material).
Ordinance – City of Tavares
Request to acknowledge receipt from the City of
Tavares: Ordinance 2005-05 amending the boundaries of the City of Tavares by annexing
approximately 7.58 acres located at 30205 State Road 19, and as further
described, passed and ordained the 2nd day of March 2005, by the City Council
of the City of Tavares, Florida.
Ordinance – City of Fruitland Park
Request to acknowledge receipt from the City of
Fruitland Park – Ordinance 2004-029 – an Ordinance of the City Commission of
the City of Fruitland park, Florida, rezoning approximately 1.5+/- acres of property
generally located south of Spring Lake Road and west of Fair Oaks Drive, and
more specifically described, passed and ordained the 13th day of January 2005,
by the City Commission of the City of Fruitland Park, Florida.
Ordinance – City of Groveland
Request to acknowledge receipt from the City of
Groveland – Ordinance 2005-02-07 – an ordinance extending and increasing the
corporate limits of the City of Groveland, County of Lake, State of Florida, pursuant
to the provisions of Florida Statute 171.044; annexing 17+/- acres of Lake County
thereto a certain area of land contiguous to and not embraced within the
present limits of the City of Groveland, Florida, etc., passed and ordained in
regular session by the City Council of the City of Groveland, Lake County,
Florida, the 21st day of February 2005.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess
proceeds for tax deeds totaling $51,514.64. Transfer funds from Clerk's account
to the Board of County Commissioners' account.
Florida Public Service Commission
Request to acknowledge receipt: Before the Florida
Public Service Commission, In re: Joint application for approval of transfer of
majority organizational control of Chateau Communities, Inc., grandparent of
Del Tura Phase I, LLC d/b/a Del Tura Utilities, holder of Certificate Number
298-S in Lee County; CWS Communities LP d/b/a Palm Valley Utilities, holder of
Certificate Numbers 277-W and 223-S in Seminole County; and CWS Communities LP,
holder of Certificate Number 518-W in Lake County, to Hometown America, L.L.C.
– Docket Number 030998-WS, Order Number PSC-05-0270-CO-WS, Issued March 11,
2005 – Consummating Order dated March 11, 2005.
COUNTY
MANAGER’S CONSENT AGENDA
Under
the County Manager’s Consent Agenda, Commr. Hill requested that Tabs 10 and 11
be pulled for discussion.
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3
through 35 and Addendum No. 1, pulling Tabs 10 and 11 for discussion, for the
following requests:
Budget
Request for approval of Budget transfer – General
Fund, Non-Departmental, in the amount of $2,268.00 is requested. Transfer
$2,268.00 from Reserve for Operations to Aids to Government Agencies. On March
15, 2005, the Board of County Commissioners approved a $5,000.00 donation to
the Florida World War II Memorial in Tallahassee. The Lake County World War II
Commemorative Committee had given $2,821.71 to the County to be used for
Veteran's Day activities, in particular those honoring World War II veterans.
The remainder of this money ($2,731.71) can be used for this donation.
Additional funds are needed for the remainder of the donation for the memorial.
Funds available in Reserve for Operations.
Request for approval of Resolution 2005-36 to amend
the General Fund in order to receive unanticipated revenue for Fiscal Year
2004/2005 in the amount of $44,929.00 deposited into Voter Education and
provide appropriations for the disbursement for voter education funds.
Request for approval of Resolution 2005-37 to amend
the Law Enforcement Trust Fund in order to receive unanticipated revenue for
Fiscal Year 2004/2005 in the amount of $37,578.00 deposited into Confiscated
Property and provide appropriations for the disbursement of funds.
Request for approval of Resolution 2005-38 to amend
the General Fund in order to receive unanticipated revenue for Fiscal Year
2004/2005 in the amount of $4,084.00 deposited into Insurance Proceeds/Loss
Furniture/Fixtures/Equipment and provide appropriations for the disbursement of
funds.
Community Services
Request for approval of two minor amendments to the
Federal Fiscal Year (FFY) 2004-2008 Consolidated Plan for uses of Community
Development Block Grant funds and direct the Department of Community Services
to forward the amendment to the U.S. Department of Housing and Urban
Development.
Request for approval of an amendment to the Community
Development Block Grant Partnership Agreement with Mid-Florida Community
Services, Inc. and authorize the Chairman to sign the amendment and execute the
amended contract.
Request for approval of Resolution 2005-39 authorizing
the Director of Community Services to sign the Florida Department of Transportation
reimbursement invoices due to the restructuring of the Transportation
Disadvantaged Division.
Request for approval of Resolution 2005-40 authorizing
the Director of Community Services to sign the Florida Commission for the
Transportation Disadvantaged reimbursement invoices due to the restructuring of
the Transportation Disadvantaged Division.
Request for approval of Resolution 2005-41 amending
the Lake County Transportation Disadvantaged Fund in order to receive and
distribute unanticipated revenue for Fiscal Year 2004-2005 in the amount of
$743,930.00 from non emergency Agency for Healthcare Administration (ACHA)
Medicaid funding.
Request for approval of Resolution 2005-42 to
recognize the accomplishments of Lake County's volunteers and to declare the
month of May 2005 as Volunteer Appreciation Month in Lake County. The
Resolution will be presented on Tuesday, May 3, 2005, at the Twelfth Annual
Volunteer Recognition and Reception.
Economic Development and Tourism
Request for approval of an Amendment to the Agreement
between Lake County and Cramer-Krasselt for Tourist Development Advertising
Services.
Request for approval of an award of $93,000.00 from
the Jobs Growth Investment Trust Fund to Southeast Fabricators for the creation
of thirty-two positions paying at least $14.34 an hour or higher.
Request for approval of an award of $42,000.00 from
the Jobs Growth Investment Trust Fund to Florida North Trucking for the
creation of twenty-one new positions paying at least $14.34 an hour or higher.
Employee Services
Request for approval to accept and sign the Business
Associate Agreement with Aon, our Benefits Consultant, in order to comply with
the Federal Health Insurance Portability and Accountability Act (HIPAA) rules
regarding privacy for our Self-Insured Group Health Plan.
Environmental Services
Request for approval to advertise ordinance for seven
Board-appointed seats on the Countywide Solid Waste Advisory Committee.
Growth Management
Request for approval and execution of a Satisfaction
and Release of Fine for property owned by Erick & Agnes McLeod, CEB Number
315-00.
Request for approval and execution of a Satisfaction
and Release of Fine for property owned by James & Karl Loper, CEB Number
2001030089.
Procurement Services
Request for approval to award the contract to Seating
Constructors USA, Inc. to provide labor and materials to repair the grandstands
at the Lake County Fairgrounds Arena in the amount of $42,829.02 in accordance
with the School Board of Brevard County Contract Number 04-007 / JO.
Request for 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.
Request for approval to award the contract for
Homeowner Counseling Services to Affordable Housing by Lake, Inc., in
accordance with Bid/RFP Number 04-055, in the amount of $25,000.00.
Public Works
Request for approval and authorization to release a
Letter of Credit for Performance in the amount of $557,643.00; accept a
Maintenance Bond in the amount of $52,860.00; execute a Developer's Agreement
for Maintenance of Improvements between Lake County and Shamrock Development;
and execute Resolution 2005-43 accepting the following roads into the County
Road Maintenance System: Wellington Lane (County Road Number 6549A), Winfield
Court (County Road Number 6549B), and Meridian Circle (County Road Number
6549C) all relating to Grand Island Estates. Grand Island Estates consists of
47 lots – Commission District 4.
Request for approval to accept one Drainage Easement
Deed; one Non-Exclusive Easement Deed; one Statutory Quitclaim Deed; two
Statutory Warranty Deeds; and two Temporary Construction Easement/Perpetual
Grading Easement Deeds that have been secured in conjunction with roadway
and/or stormwater projects, as follows:
Drainage Easement
Colony Communities, a Florida General Partnership, S.
Clermont Connector, OR 2760/
PG 1269, Road Project.
Non-Exclusive Easement Deed
Peters, Carolyn M and Peters, Raymond E and Peters,
Debra E, OR 2751/PG 0678,
Wright Access VP 1008.
Statutory Quitclaim Deed
Bish, Patricia L and/or Bish, Norman, Central
Boulevard, OR 2750/PG 0775, Deerhaven
Internal.
Statutory Warranty Deed
Newbold, Robert D and Newbold, Bonnie L, Palm Lane, OR
2751/PG 0674, Clay to
Pave.
Territo Corporation, S. Clermont Connector, OR 2772/PG
1175, Road Project.
Temporary Construction Easement/Perpetual Grading
Easement
Territo Corporation, S. Clermont Connector, OR 2772/PG
1179, Road Project.
Rodriguez, Rolando, Citrus Tower Bv, OR 2759/PG 1404,
Road Project.
Public Works (Continued)
Request for approval and authorization to accept the
final plat for Hartwood Reserve Phase I and all areas dedicated to the public
as shown on the Hartwood Reserve Phase I final plat; accept a Performance Bond
in the amount of $2,568,363.34; and execute a Developer's Agreement for
Construction of Improvements between Lake County and Levitt & sons, LLC.
Hartwood Reserve Phase I consists of 183 lots – Commission District 2.
Request for approval and authorization to accept the
final plat for Plantation at Leesburg, Tract G, Phase I, Glendale Village and
all areas dedicated to the public as shown on the Plantation at Leesburg, Tract
G, Phase I, Glendale Village plat. Plantation at Leesburg, Tract G, Phase I,
Glendale Village consists of 114 lots – Commission District 3.
Request for approval and authorization to accept the
final plat for Timberlane Phase I and all areas dedicated to the public as
shown on the Timberlane Phase I final plat; accept a Performance Bond in the
amount of $349,149.83; and execute a Developer's Agreement for Construction of
Improvements between Lake County and Banyan Homes for the Timberlane Plat.
Timberlane Phase I consists of 64 lots – Commission District 2.
Request for approval and authorization to accept the
final plat for Arrowtree Reserve Phase II Partial Replat and all areas
dedicated to the public as shown on the Arrowtree Reserve Phase II Partial
Replat plat. Arrowtree Reserve Phase II Partial Replat consists of six lots –
Commission District 3.
Request for approval and authorization to accept the final
plat for Heathrow Country Estate Homes – Estate Lots and all areas dedicated to
the public as shown on the Heathrow Country Estate Homes – Estate Lots plat.
Heathrow Country Estate Homes – Estate Lots consists of 23 lots – Commission
District 4.
Request for approval and execution of Resolution
2005-44 facilitating the Reconstruction of CR-561 Paved Shoulders & Seawall
Damage Caused by Hurricane Jeanne Project; execution of the Local Agency
Program Agreement with the Florida Department of Transportation for the
Reconstruction of CR-561 Paved Shoulders & Seawall Damage Caused by
Hurricane Jeanne (FDOT FPN 418576-2-58-01 & 418576-2-68-02); and
authorization to advertise for bids for the Reconstruction of CR-561 Paved
Shoulders & Seawall Damage Caused by Hurricane Jeanne Project. Commission
District 2.
Request for approval and execution of a Purchase
Agreement with Professional Realty Advisors, Inc., Minnehaha Joint Venture and
Langley Groves, Inc., for the South Clermont Connector Road Project, for right of
way; and authorization for the Chairman of the Board of County Commissioners to
sign any and all documents necessary for closing, in conjunction with the South
Clermont Connector Road Project, in the amount of $600,000.00.
Request for approval to provide funding for the Lake
County Rails to Trails project through the Capital Improvement Project program
in the amount of $10,000.00; and request the Chairman to sign two original
agreements upon receipt.
Request for approval and authorization to accept the
final plat for Grand Oak Estates and all areas dedicated to the public as shown
on the Grand Oak Estates final plat; accept a Letter of Credit in the amount of
$34,933.62; and execute a Developer's Agreement for Construction of
Improvements between Lake County and Charlie Johnson Builders, Inc. Grand Oak
Estates consists of 40 lots – Commission District 3.
Request for approval and execution of a Purchase
Agreement with Robert L. Bryan, Paul F. Bryan, Rebecca Bryan Dreisbach, and
David C. Bryan, for right of way, and authorization for the Chairman of the
Board of County Commissioners to sign any and all documents necessary for
closing, in conjunction with the Twin Ponds Road Paving Project located in the
Umatilla area, in the amount of $14,640.00.
Request for approval and authorization to return funds
for Construction of Improvements in the total amount of $6,600.00 that were
posted for Deer Island Club Parcel AA Replat.
Request for approval and signature on the Interlocal
Agreement between Lake County and the City of Eustis for School Speed Zone
Flasher Maintenance.
COUNTY MANAGER’S CONSENT AGENDA - ADDENDUM NO. 1
Community Services
Request for approval of Proclamation 2005-45 declaring
April as “Child Abuse Prevention” month in Lake County, Florida, and that the
presentation of the Proclamation will occur at the BCC meeting of April 19,
2005.
COUNTY MANAGER’S CONSENT AGENDA –
DISCUSSION
ECONOMIC
DEVELOPMENT AND TOURISM - REAL ESTATE PURCHASE AND SALES AGREEMENT
Mr.
Richard Langley, Attorney, addressed the Board regarding the request from
Economic Development and Tourism for approval of a Real Estate Purchase and
Sales Agreement between Lake County and Richard H. Langley, his successors or
assigns, for a portion of Lot 37, Lake County Central Park Phase 2, and all of Lot
2, Home Depot Plat, both located in the Christopher C. Ford Commerce Park (Commerce
Park) (approximately 122 acres) at a price of $30,000.00 per acre. He stated
that the County advertised this property for bid in August and September 2004
and that he was the only one who submitted a contract at the requested low
price. He stated that negotiations began and that he had problems with gopher
tortoises on an adjacent property and with a right-of-way agreement on another
adjoining property. He stated that he conceded to the requirements of no lots
smaller than five acres and no condominiums within those smaller lots. He
stated that he thought the provision in the contract for advertisement was the
original advertisement but the contract on today’s agenda provides that his
contract be advertised and anyone can pay $1.00 more per acre, leaving him and
the Realtors out in the cold. He stated that is not fair business. He asked if
the bid the County gets now, if it readvertises, will be readvertised when a
contract is reached.
Mr.
Sandy Minkoff, County Attorney, stated that the advertisement that is planned
to be prepared will include all of the exact terms of Mr. Langley’s agreement.
If it is changed in any way, it would have to be readvertised. If it is
accepted, exactly with the terms of Mr. Langley’s agreement, it would not.
Mr.
Langley stated that he has been negotiating with the County for nine months and
the rules have been changed twice. He stated that he would lose everything he
has put into it if a bid for $1.00 more per acre is accepted.
Mr.
Minkoff stated that the statute requires that, when the County sells property,
it be sold at bid. In this case, the property was advertised in September 2004
but a contract was not signed until March 2005. Readvertising was recommended
because of the delay and changes in the offer.
Commr.
Hanson stated that she has a concern, policy wise, on limiting tracts to no
smaller than five acres in the Commerce Park when often one acre tracts are
more appropriate for light industry.
Mr.
Langley reiterated his objections. He stated that there might be an obligation
to the Realtors because they have an offer on the table at an agreed upon
price.
Mr.
Greg Mihalic, Economic Development & Tourism Director, stated that the
Industrial Development Authority (IDA) feels very strongly that lots should not
be less than five acres. They do not want to compete with other area commerce
and industrial parks. They feel that smaller parcels would maximize the value;
however, they want larger parcels for larger manufacturers and assembly
operations.
Commr.
Cadwell stated that the Board has never had anyone come back in and make
another bid but this is a large parcel and that may well happen in this case.
He asked for direction from the County Attorney.
Mr.
Minkoff stated that they actually did advertise it. The Board could decide to
remove Paragraph 4 on Page 3 of the agreement.
Commr.
Pool stated that he will abstain from any vote because Mr. Keith Hogan, of
Keith Hogan Properties, is his brother-in-law. (Form 8B Memorandum of Voting Conflict for County,
Municipal, and Other Local Public Officers was submitted by Commr. Pool and is
included in the backup material.) He stated that we need to do business fairly
and equitably.
Commr. Cadwell asked if this has been
an open and fair process to anyone who had wanted to bid on this property up to
this point, from a staff or IDA standpoint.
Mr. Mihalic stated that discussions
for an agreement were entered into in August and September and no contracts
have been accepted from anyone else. He stated that four other interested
parties want to submit bids on this property when the opportunity becomes
available, but they did not bid originally.
Mr. Minkoff confirmed that, from a
legal perspective, the County would be okay if the Board removes Paragraph 4.
It would be a decision of the Board also regarding whether this would be fair from
a business perspective.
A motion was made by Commr. Cadwell
and seconded by Commr. Stivender to remove Paragraph 4 on Page 3 from the Real
Estate Purchase and Sales Agreement between Lake County
and Richard H. Langley, his successors or assigns, for a portion of Lot 37,
Lake County Central Park Phase 2, and all of Lot 2, Home Depot Plat, both
located in the Christopher C. Ford Commerce Park at a price of $30,000.00 per
acre; and to continue with the closing on this property from the original
bidder.
Mr.
Jeff Ettinger, a real estate broker in Maitland, Florida, stated that he
represents someone who wants to bid on the property. He stated that his
understanding was that the advertisement was done a couple of months before
there was a signed contract. He stated that he has sold numerous parcels in the
Commerce Park and every time he brought a contract that was signed, the property
was then advertised. He stated that his client actually submitted an offer and
was told that it could not be accepted because it had already been advertised.
He stated that is not fair or right.
Mr.
Mihalic confirmed that Mr. Ettinger’s client did submit a bid but it was
unacceptably low to the IDA. The IDA rejected the bid based on price, usage
issues and other conditions such as dividing into small parcels. After that
time, Mr. Langley submitted another bid that was more in line with the property
valuation that the IDA had established and negotiations began with that bid.
Commr.
Cadwell asked the County Attorney, once again, if the Board has done everything
legally and what would be considered to be fair business practice in this case.
Mr.
Minkoff answered, “Yes, sir.”
Commr.
Hill called for a vote on the motion which carried by a vote of 4-0.
Commr.
Pool abstained from the vote.
ECONOMIC
DEVELOPMENT AND TOURISM - PROMOTION OF LAKE COUNTY
Regarding
the request from Economic Development and Tourism for approval of a policy to
authorize the County Manager to establish procedures for the reimbursement of
expenses incurred in the promotion of Lake County by the employees in the
Department of Economic Development and Tourism, and for the entertainment in relation
to travel writers, brokers, and others connected with the tourism industry, Commr.
Hill stated that she does not like to have policy changes on a consent agenda. She did speak with Mr.
Greg Mihalic, Director of Economic Development and Tourism, and this is to
streamline and make this a little more cost effective to the County. Commr.
Hill expressed concern about the oversight and the checks and balances, review
by the Clerk of the Court, and the cap of $25,000 that is not relayed in the
policy or the procedures.
Mr. Mihalic confirmed that he will
submit reports to the County Manager and to the Clerk of Court for
reimbursement and will include a detailed line item for the budget, annually,
on the expenditures, capped at $25,000. He stated that the Transportation
Disadvantaged Coordinating Board does not review individual expenditures.
On
a motion by Commr. Stivender, seconded by Commr. Hanson and carried
unanimously, by a vote of 5-0, the Board approved the request from Economic
Development and Tourism for approval of a policy to authorize the County
Manager to establish procedures for the reimbursement of expenses incurred in
the promotion of Lake County by the employees in the Department of Economic
Development and Tourism, and for the entertainment in relation to travel
writers, brokers, and others connected with the tourism industry; reports will be submitted to the
County Manager and to the Clerk of Court for reimbursement; and a detailed line
item will be included in the budget, annually, on the expenditures, capped at
$25,000.
PERSONAL
APPEARANCES - EMPLOYEE AWARDS
The Chairman presented the following
Employee Awards, with Ms. Sharon Wall, Employee Services Director, giving brief
remarks about each individual:
Presentation of Awards to Employees with Five Years of
Service
Ms. Donna R. Bohrer, Office Associate III, Growth
Management/Current Planning
Mr. Truman E. McCall, II, Equipment Operator II,
Public Works/Road Operations/
Maintenance Area III
Mr. Leslie R. “Les” Moore, Delivery Service Driver/Operator,
Community Services/
Library Services/Library
Ms. Sasha Namundi, Plans Examiner II, Growth
Management/ Building Services
George S. Dore, Librarian II, Community
Services/Library Services/
East Lake Library (not present)
William C. Cork, Jr., Firefighter/EMT, Public
Safety/Fire and Rescue (not present)
Noah W. Hollis, Jr., Firefighter/EMT, Public
Safety/Fire and Rescue (not present)
Presentation of Awards to Employees with Fifteen Years
of Service
Ms. Sharon K. Horton, Office Associate II, Public Works/Road
Operations/
Maintenance Area I
Mr. Louis A. “Fred” LaFond, Equipment Operator III,
Public Works/Road Operations/
Maintenance Area I
COUNTY MANAGER’S CONSENT AGENDA
(CONTINUED)
ECONOMIC
DEVELOPMENT AND TOURISM - JOBS GROWTH INVESTMENT TRUST FUND
Commr.
Pool stated that two items relating to the Jobs Growth Investment Trust Fund
were approved as part of the County Manager’s Consent Agenda, but noted that
representatives are present this morning.
Mr.
Jeffrey R. Burkett, President, Southeast Fabricators, stated that his company
manufactures Department of Transportation (DOT) products such as overhead
highway signs, structures, traffic signal poles and airport support equipment.
They recently transferred their business, and 24 employees, from Sanford in Seminole
County to Lake County. Since that time, 23 new jobs have been created and the
goal is to add another 20-30 personnel by the end of 2005. The business is
located on U.S. Highway 441 in Tavares in the old Walker Stainless building.
Their business serves DOTs in Florida, the states north to West Virginia and
west to Texas.
Mr.
Greg Mihalic, Economic Development and Tourism Director, stated that a second
award was approved for Florida North Trucking who will create 21 new positions
paying at least $14.34 per hour.
BOARD
DISCUSSION - COUNTY MANAGER’S POSITION
Commr.
Cadwell stated that he had a long meeting with Mr. Bill Neron, County Manager,
this morning and he brings to the Board the idea that Mr. Neron is going to
resign. He stated that Mr. Neron’s contract runs through November 5, 2005, but
he suggests that today be Mr. Neron’s last day. Commr. Cadwell suggested that
the Board split the six-month difference between now and November 5, those
three months, and include the six months that are called for in the contract.
A
motion was made by Commr. Cadwell and seconded by Commr. Stivender to place the
item on the agenda.
Commr.
Hill pointed out that the discussion of the County Manager’s six-month
evaluation is already on today’s agenda under her business. She called for
comments from the Board.
Commr.
Cadwell stated that he will have another motion later regarding temporary
arrangements.
Commr.
Hanson expressed her concern that this has happened without the discussion of
the Board.
Commr.
Cadwell stated that he has always been a strong supporter of Mr. Neron.
However, during their meeting this morning regarding the direction of the
County, Commr. Cadwell indicated to Mr. Neron that he was no longer on board
with that support. It appeared, at that time, that Mr. Neron’s resignation
would be a better opportunity for the County and for Mr. Neron.
Commr.
Hanson stated that she was not the strong supporter when Mr. Neron first came
on board but during the last six months, he had, from her perspective, improved
a great deal. She acknowledged that the rest of the Board might not feel that
way. She expressed concern about the process.
Commr.
Cadwell stated that there is no process and reiterated that he had a long
conversation with Mr. Neron which included what his comments would be today and
Mr. Neron made the decision to resign. Commr. Cadwell opined that this would be
the best way to go without putting Mr. Neron through all that discussion.
Commr.
Pool stated that he has been and continues to be a supporter of Mr. Neron. It
is a difficult job and no one is a perfect county manager. He stated that he
hopes that this Board would do the right thing by Mr. Neron. He opined that Mr.
Neron has tried to do his best and that he has surrounded himself with good
individuals. Commr. Pool stated that he is here to work with the Board as best
as he can but that he does not necessarily agree and will say so.
Commr.
Hanson stated that her concern is that, unless there is a discussion, the Board
members do not know the support is not there. She stated that, obviously, he
has resigned under some pressure from one individual on the Board and that is
her concern.
Commr.
Stivender stated that she does not think it is one individual.
Commr.
Hanson stated that she does not know that but she does not want to prolong
this.
Commr.
Cadwell apologized to Commr. Hanson if he insulted her by bringing this
forward. He opined that this would be a better way because the Board does not
have the opportunity to talk to each other except during the open meetings.
Commr.
Hanson remarked that being insulted was not an issue.
A
motion was made by Commr. Cadwell and seconded by Commr. Stivender to accept
Mr. Neron’s resignation and include nine months’ severance (three months, by
splitting the difference of his contract from now to November 5, 2005, plus the
six months’ severance called for in the contract).
Under
discussion, Commr. Cadwell remarked that his decision is not based on one
particular issue nor was it made on the spur of the moment. He stated that it
has been on his mind since the Board had its initial discussion. He expressed again
that this is best for Lake County and for Mr. Neron.
Commr.
Hanson reiterated that Mr. Neron has done an outstanding job of pulling very
qualified people to work for Lake County. With that in mind, certainly it will
be easier to make this transition.
Commr.
Stivender stated that she pulled out her evaluation from last time. She stated
that Mr. Neron has hired some good people in some good positions to do jobs
that were needed to be done when he came on board. She stated that he has
gotten better with his communication and that was one of the areas with which she
had concerns. She stated that there are still other areas that have not been
cleared up in her mind but she would not want to go back and reiterate them
under this discussion. She opined that Commr. Cadwell’s suggestion is the best
way to do this and that is why she seconded the motion.
Commr.
Hill stated that she probably is of a different mindset and philosophy of the
County Manager. She stated that they have worked through some things quite
closely but she still has a problem with timeliness and accuracy, both of which
are of great importance to her in making Board decisions.
Commr.
Hill called for a vote on the motion which carried by a vote of 4-1.
Commr.
Pool voted “No.”
Commr.
Cadwell noted that Ms. Cindy Hall, Assistant County Manager, is on vacation
this week. He made a motion that Mr. Sandy Minkoff, County Attorney, be
appointed as Acting County Manager for this week. He recommended that, after
this week, the Board would let Ms. Hall fill the position on an interim basis
until the selection process is decided.
Commr.
Hanson concurred that is very appropriate and very logical.
Commr.
Hill stated that Ms. Hall is very capable but there is a whole lot on her plate
right now.
Commr.
Cadwell stated that Ms. Hall is doing everything now and that Mr. Gregg
Welstead, Deputy County Manager, would certainly be looked to but the Lake
County Comprehensive Plan is very important. He stated that we should not lose
focus on that. He remarked that he could point to five people who could do a
good job. He opined that Ms. Hall, who is so spread out now, is the perfect
person and that she can handle it.
Commr.
Hanson commented that Ms. Hall might transfer some of that responsibility to
others.
Commr.
Cadwell requested that Mr. Minkoff make contact with Ms. Hall while she is on
vacation.
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously, by a vote of 5-0, the Board appointed Mr. Sandy Minkoff, County
Attorney, as Acting County Manager until the Board’s April 12, 2005, meeting which will have
given the Chairman time to meet with Ms. Cindy Hall, Assistant County Manager,
regarding Ms. Hall serving as Interim County Manager; and, at that time, the
Chairman will bring back a recommendation for compensation for Ms. Hall.
Commr.
Cadwell stated that he had asked Mr. Neron to meet with the County Attorney to
work out an agreement.
RECOGNITION
Commr.
Hill recognized Mr. Ed Havill, Property Appraiser.
RECESS
AND REASSEMBLY
At
9:45 a.m., Commr. Hill announced that the Board would take a 15 minute break.
PRESENTATION
NATIONAL
LIBRARY WEEK
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved Proclamation 2005-46 declaring the week of April 10 through
16, 2005, as National Library Week.
Commr. Hill presented Proclamation
2005-46 to Ms. Wendy Breeden, Library Services Director; Ms. Carolyn Szucs,
Office Associate IV, Library Services; and Ms. Judy Buckland, Program
Coordinator, Library Services.
Commr. Cadwell commented that very
seldom does a week go by that someone does not say something pleasant about
Lake County’s library system.
Ms. Breeden announced that the week-long
annual Lake County Festival of Reading will begin on April 16, 2005. The
Festival will include author dinners, a bluegrass festival, author signings and
other cultural events.
PUBLIC
HEARING
ORDINANCE
- LAKE COUNTY PUBLIC SAFETY COORDINATING COUNCIL
Mr. Sandy Minkoff, County Attorney,
placed the following proposed ordinance on the floor for its first and final
reading, by title only, and noted that it will be Ordinance 2005-29 if approved
by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA; AMENDING LAKE COUNTY CODE CHAPTER 9, ARTICLE I BY
RENUMBERING SECTION 9-3 AS SECTION 9-4 AND CREATING A NEW SECTION 9-3 ENTITLED
LAKE COUNTY PUBLIC SAFETY COORDINATING COUNCIL; PROVIDING FOR CREATION OF THE
COUNCIL; PROVIDING FOR THE PURPOSES OF THE COUNCIL; PROVIDING FOR THE
MEMBERSHIP OF THE COUNCIL; PROVIDING PROCEDURAL RULES FOR THE COUNCIL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that this group
mainly would look at the jail population and work in an effort to keep the jail
population manageable.
Commr. Hanson stated that this came
about because of concerns for people, particularly the mentally ill, who are
housed in the jails as opposed to some other type of prevention or intervention
facility.
Mr. Minkoff stated that research
shows that these councils appear to be working well and are an asset in the
counties that have them.
Responding to Commr. Stivender’s
inquiry regarding appointments to the Council, Mr. Minkoff explained that
letters probably will be sent to those listed on Page 2 of the proposed
ordinance asking if they, or an alternate, would like to serve. He stated that
his office will work with Mr. Fletcher Smith, Director of Community Services,
to notify appropriate programs and groups and request applications. Applications
will be brought back to the Board for appointments.
Commr. Hanson suggested getting
written materials from other counties for the Board’s use. She noted that the
Florida Association of Counties is supporting this and that the cost of new
jails is the bottom line issue.
Commr. Cadwell commented that this
council can focus on some innovative ways to do some of the things that have
not been done before. He opined that, by removing the mentally ill and
drug-related convictions, the jail population could be one-third its current
size.
Commr. Hanson concurred and stated
that other facilities might have to be built but those people, hopefully, would
be in the proper place.
Commr. Hill opened the public hearing
and called for public comment.
Clermont City Council Member Ray
Goodgame suggested that this council might be able to do background checks and
drug checks on all people involved with youth in parks and recreation programs
for all the cities in Lake County, taking that burden off of the cities.
Mr. Sandy Minkoff, County Attorney,
commented that the Lake County Sheriff, who may become one of the members of
the Council, might be able to accommodate that request.
There being no further 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 5-0, the Board
approved Ordinance 2005-29, as read by title only.
CITIZEN
QUESTION AND COMMENT PERIOD
Jewel
Bledsoe
Ms. Jewel Bledsoe, Secretary,
Shockley Heights Community Club, Inc., stated that water has been a problem in
her area for many years. She stated that residents had thought their pleas for
help and the issue had died until they read a recent article in The North Lake Outpost. She stated that
the group of residents who are present today is in support of going forward
with an engineering study for a potential water system for the community. She
stated that many residents have bought systems to try to combat tannin and E. coli (Escherichia coli) bacteria and
the systems create a constant maintenance problem.
Commr. Hanson stated that, over the
last few years, the Board has not forgotten the ongoing issue of contamination.
Commr. Cadwell reported that the
community met a couple of weeks ago. It appears that some federal money is
available for the study and at least $1 million will be available for the
infrastructure. He stated that it appears that the community is about 50-50 on
the issue.
Ms. Bledsoe opined that the majority of
the residents are in favor and would like to have the study done.
Commr. Cadwell stated that this will
be a community project. There are a lot of issues, such as the boundaries and a
sinkhole. The water will always be a problem and some long range plans need to
be explored.
Ms. Bledsoe stated that the Shockley
Hills community across the road is not sure if they will be included.
Commr. Cadwell stated that a system
will not be put in that would require residents to pay a $1,000 hookup fee and
the Board is looking for infrastructure money as well as an operator for the
system.
Commr. Hanson confirmed that enough
funds and grants were available for the water system in the Astor area so that
costs to the residents were kept very low.
Roy Hunter
Mr. Roy Hunter, Northeast Lake
Chamber of Commerce, expressed support for the Shockley Heights water project. He
stated that a few years ago about 30 residents transported water samples to the
County for testing, without charge, and he suggested that Shockley Hills’
residents might want to have their water tested. Regarding transportation in
all of the rural areas of Lake County, he suggested that the Board ask staff
members to meet with the Lake County School Board to discuss using school buses
when they are not in use transporting children. He pointed out that those
drivers already have appropriate licenses and that background checks have been
done. He stated that funds would be necessary and that there might be more wear
and tear on the buses. He suggested setting up scheduled routes.
Mr. Sandy Minkoff, County Attorney,
informed the Board that a draft contract was sent to the proposed new transportation
disadvantaged operator last week. Issues still remain regarding the price per
trip. He hopes to have an agreement to the Board on April 19, 2005. He stated
that the cost will be significantly higher than the previous contract.
Currently, more people are being served than funds are available for and some
people probably will be turned away.
At the suggestion of Commr. Cadwell,
Mr. Minkoff stated that an update on transportation disadvantaged can be given
to the Board during their workshop which is scheduled for Tuesday, April 12,
2005.
Ray Goodgame
Mr. Ray Goodgame, Clermont City
Council Member, referred to Tabs 24 and 26 regarding 247 new homes in our area
which, he stated, will translate into more than 500 additional students. He
stated that the three newest schools (Lost Lake Elementary, Windy Hill Middle
and East Ridge High) are nearly double their capacity now. He stated that we
are failing to provide good education and are failing to provide good park and
recreation facilities for children. He stated that we have to find some new
sources of revenue for the schools. Because existing homes are being bought by
young people with children he asked the Board to consider instituting a 1.5% or
2% transfer fee on sales of existing homes.
Commr. Cadwell stated that is a great
idea and the State Legislature would be willing to allow a transfer fee but
would set that transfer fee and the County would have to give up the ability to
impose impact fees locally. Even if a trust fund were to be set up, every year
the County would be subject to whether or not the Legislature would fund it. He
stated that he would support the transfer fee but he does not want to give up
the ability to do what we can do locally.
Mr. Minkoff confirmed that we cannot
do a transfer fee locally without legislative authorization.
Mr. Goodgame reiterated that the
School Board has no place to go for another revenue stream for bonds. He opined
that the Board is charged with coming up with some other forms of income for
the schools and that only new homes are subject to the impact fees.
Commr. Pool stated that the
continuation of the one cent sales tax was approved by voters and one-third of
that now goes to the School Board, generating some $80 million plus in bonding
capabilities for the School Board. He stated that this Board also raised the
impact fee to the second highest in the State of Florida.
Commr. Cadwell reiterated his
opposition to giving up home rule power which would also affect library and
fire impact fees as well as the cities’ ability to have water and wastewater
impact fees.
Commr. Hill pointed out that Tabs 24
and 26 were not new rezonings today. These homes were previously approved and
the subdivision plats were approved today.
Regarding parks and recreation, Mr.
Goodgame stated that the City of Clermont needs the Board’s support and asked
them to keep that in mind during the upcoming budget meetings. He stated that
the NCAA girls fastball tournament is going to Polk City this year rather than
Clermont, probably because they have a nice stadium. He stated that Clermont’s
parks are overcrowded. A gymnasium and a place for softball tournaments are
needed.
Commr. Pool stated that a piece of
property is under consideration in the Clermont area to create a recreational
complex.
Travis Whigham
Mr. Travis Whigham, President of the
Forest Hills Association and a member of the Northeast Lake Chamber of
Commerce, agreed that older school buses could be turned into buses for
transportation. He expressed his continuing support for a $1,500 real estate
transfer fee on all residential properties. Regarding schools, he stated that
developers should have the entire burden of paying for a school and for
maintaining it because they are creating the problem. He stated that the
taxpayers should not have to carry that burden. Regarding County Road 46A, he
asked that the giant, dangerous pot holes be fixed temporarily before the
widening and resurfacing project begins.
OTHER
BUSINESS
APPOINTMENT
- TOURIST DEVELOPMENT COUNCIL
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the execution of Resolution 2005-47 appointing Mr. Ray Goodgame,
Clermont City Council Member, as a municipal elected official to the Tourist
Development Council (TDC) to complete an unexpired term ending December 1,
2006.
APPOINTMENT
– BOARD OF ADJUSTMENT
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board appointed
Mr. Howard B. (Bob) Fox, Jr. to the vacant District 1 position on the Board of
Adjustment to complete an unexpired term ending January 31, 2009.
REPORTS
– COUNTY ATTORNEY
INTERLOCAL
AGREEMENT – WATER PLANNING ALLIANCE
Mr.
Sandy Minkoff, County Attorney, presented the request for approval of an
Interlocal Agreement among Lake County and the Town of Astatula, the City of
Clermont, the City of Eustis, the City of Fruitland Park, the City of
Groveland, the Town of Howey-in-the-Hills, the Town of Lady Lake, the City of
Leesburg, the City of Mascotte, the City of Minneola, the City of Montverde,
the City of Mount Dora, the City of Tavares and the City of Umatilla relating
to the formation of a Water Planning Alliance. He explained that this is being coordinated by the
cities and creates a countywide group with all the cities for water planning.
There are no obligations in the agreement, financial or otherwise. The plan is
to secure a grant from the St. Johns River Water Management District for a
countywide water study. The City of Leesburg has agreed, for the first two
years, to be the administrative head and to provide the administrative services
for the group.
On a motion by Commr. Hanson,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved an Interlocal Agreement among Lake County and the Town of
Astatula, the City of Clermont, the City of Eustis, the City of Fruitland Park,
the City of Groveland, the Town of Howey-in-the-Hills, the Town of Lady Lake,
the City of Leesburg, the City of Mascotte, the City of Minneola, the City of
Montverde, the City of Mount Dora, the City of Tavares and the City of Umatilla
relating to the formation of a Water Planning Alliance.
Commr.
Hill stated that she received correspondence from State Senator Paula Dockery
(District 15) regarding a timely bill about water issues and the doctrine of
“Local Sources First,” and she will turn that correspondence over to Mr.
Minkoff.
REPORTS
– COMMISSIONER HILL – DISTRICT #1 AND CHAIRMAN
PROCLAMATION – CRIME VICTIMS’ WEEK
On a motion by Commr. Cadwell,
seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the
Board approved the execution of Proclamation 2005-48 designating the week of
April 9 through 16, 2005, as Crime Victims’ Week.
REPORTS – COMMISSIONER CADWELL –
DISTRICT #5
FLORIDA ASSOCIATION OF COUNTIES
Commr. Cadwell reported that the
Florida Association of Counties (FAC) held a Legislative Day last week in
Tallahassee with over 200 county commissioners in attendance. Finalist
interviews will be held next week for the Executive Director position for the
FAC. He stated that Lake County Day went very well even with having to change
the dates and he expressed his appreciation to Commr. Stivender for her
efforts.
REPORTS – COMMISSIONER POOL –
DISTRICT #2
APPOINTMENT – LAKE COUNTY LOCAL
PLANNING AGENCY
On a motion by Commr. Pool, seconded
by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board
approved adding to the agenda the appointment of an individual to the vacant
District 2 position on the Lake County Local Planning Agency (LPA).
A motion was made by Commr. Pool, and
seconded by Commr. Cadwell, to appoint Ms. Ann Dupee to the vacant District 2
position on the Lake County Local Planning Agency to complete an unexpired term
ending January 31, 2007.
Under discussion, Mr. Sandy Minkoff,
County Attorney, confirmed that the LPA is an advisory agency. Ms. Dupee is a
member of the Tourist Development Council (TDC) but her appointment to the LPA
will not create a dual-office-holding issue.
Commr. Hill called for a vote on the
motion which carried unanimously, by a vote of 5-0.
REPORTS
– COMMISSIONER STIVENDER – DISTRICT #3
LAKE
COUNTY DAY
Commr. Stivender thanked sponsors,
staff and others who helped with Lake County Day in Tallahassee. She gave
special thanks to staff members Ms. Wendy Taylor, Executive
Office Manager, Board of County Commissioners’ Office; and Mr. Greg Mihalic, Director,
Economic Development & Tourism.
IMPACT FEE RESTRICTIONS
Commr. Stivender stated that she
received a Legislative Alert from Ms. Carol Bracy, Interim Executive Director,
Florida Association of Counties, regarding bills restricting impact fees that
are moving through both the Senate and the House.
Commr. Cadwell advised that the Board
members should keep the pressure up by individually faxing or e-mailing
communications to legislators.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:50 a.m.
__________________________
JENNIFER
HILL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK