A REGULAR MEETING OF THE BOARD OF
MAY 17, 2005
The
Lake County Board of
INVOCATION AND PLEDGE OF ALLEGIANCE
Mr.
Ken Harley, Public Transportation Manager, gave the Invocation and led the
Pledge of Allegiance.
Commr. Hill recognized Mr. Steve Johnson, Attorney for
the School Board, who was present in the audience.
COMMISSIONERS
Commr. Hill noted that Commr. Cadwell is not present
today; he is lobbying in
AGENDA UPDATE
Ms. Cindy Hall, Interim County Manager, noted that the
Board has before them Addendum No. 1, with four additional items. Ms. Hall requested that Tab 32 regarding the
Sheriff’s Department/Agreement/Forfeited Property
Mr. Sandy Minkoff,
On a motion by Commr. Hanson, seconded by Commr. Pool and
carried unanimously by a 4-0 vote, the Board approved to add the request from
the Sheriff, as noted, to the agenda.
Workforce
Commr. Hill stated that she would like to add an item
under her business regarding an appointment to Workforce Central Florida (WCF),
which is time sensitive and will require a vote by the Board. She had presented each of them with a copy of
the information.
On a motion by Commr. Stivender, seconded by Commr.
Hanson and carried unanimously by a 4-0 vote, the Board approved to add the
item regarding the appointment to Workforce Central Florida (WCF), as noted.
MINUTE APPROVAL
On a motion by Commr. Pool, seconded by Commr. Stivender
and carried unanimously by a 4-0 vote, the Board approved the Minutes of April
5, 2005, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Hanson
and carried unanimously by a 4-0 vote, the Board approved the Minutes of April
19, 2005, Special Meeting – BCC and Sales Surtax Oversight Committee, as
presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and
carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’
Consent Agenda, Items 1 through 2, as follows:
List of Warrants
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.
Southwest
Florida Water Management District/Minutes/Agenda
Received
from Southwest Florida Water Management District – Minutes of the Governing
Board Meeting, February 22, 2005,
On a motion by Commr. Stivender, seconded by Commr. Pool and
carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent
Agenda, Tabs 3 through 27, as follows and pulling Tab 24 for discussion:
Sheriff’s
Office – Groveland/Hurricane Damage Repairs
Request
from Budget for approval of Check Request (Direct Pay) to reimburse the Sheriff's
Office for hurricane damage repairs to the Sheriff's Groveland warehouse. The
request exceeds the
Request
for approval from Budget for approval of Check Request (Direct Pay) from
Community Services for payment for Health Care Responsibility Act Program
(indigent hospital services) to
Transportation
Disadvantaged/Rural Capital Assistance Support Grant
Request
from Community Services for approval to submit an application to the Florida
Commission for the Transportation Disadvantaged for the Rural Capital
Assistance Support Grant Program; a local match of $13,353.00 is required.
Transportation
Disadvantaged/Trip and Equipment Grant
Request
from Community Services for approval for the Department of Community Services
staff to submit an application for the Florida Commission for the
Transportation Disadvantaged Trip and Equipment Grant for Fiscal Year 2005-2006
as well as the supporting Resolution; a local match of $52,074.00 is required.
Satisfaction
and Release of Fine/Razo
Request
from Growth Management for approval and execution of a Satisfaction and Release
of Fine for property owned by Nicholas and Ramona E. Razo, CEB Number
2000070298.
Satisfaction
and Release of Fine/Tasse
Request
from Growth Management for approval and execution of a Satisfaction and Release
of Fine for property owned by Marcel and Francoise B. Tasse, Case Number SM
2004-06-0204.
Satisfaction
and Release of Fine/Orlando Tennis Associates LP
Request
from Growth Management for approval and execution of a Satisfaction and Release
of Fine for property owned by Orlando Tennis Associates LP, Case Number CEB
124-00.
Satisfaction
and Release of Fine/Smith
Request
from Growth Management for approval and execution of a Satisfaction and Release
of Fine for property owned by Todd C. and Yvette D. Smith, Case Number CEB/SM
2001-04-0084.
Satisfaction
and Release of Fine/McMillion & Hutto
Request
from Growth Management for approval and execution of a Satisfaction and Release
of Fine recorded in error for property owned by Virginia G. McMillion and Eric
J. Hutto.
Suncom
Network Service Agreement
Request
from Information Technology for approval and signature of Suncom Network
Service Agreement for Telecommunications to replace documentation from 1976.
Vehicle
Trade
Request
from Procurement Services for approval to allow two ladder trucks to be traded
towards a future fire apparatus purchase, and authorize the Interim Procurement
Services Director to sign the vehicle titles.
Items
of Surplus/Fixed Asset Inventory
Request
from Procurement Services 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 Interim Procurement
Services Director to sign the vehicle titles.
Satisfaction
of Assessment Liens
Request
from Public Works for approval and authorization for Chairman to execute
Satisfaction of Assessment Liens for 24 road assessments, as follows:
|
Assessment # |
Name |
Date Paid |
|
|
|
|
|
683002 |
John & Betty Garland |
03/15/05 |
|
685058 |
Thomas C. Foote Estate |
03/23/05 |
|
687008 |
Dana Strickland |
02/03/05 |
|
689051 |
Robert T. Davis |
02/09/05 |
|
691002 |
Elizabeth Brown |
02/15/05 |
|
691022 |
Brian Behm |
02/09/05 |
|
691048 |
Malcolm Eggert Jr. |
02/18/05 |
|
691051 |
Arnold & Kathleen Bryant |
02/03/05 |
|
691053 |
Brian Behm |
02/09/05 |
|
691058 |
Patrick & Marsann Herman |
04/07/05 |
|
691059 |
Panzi Blackwell |
02/25/05 |
|
691073 |
Juanita & Luther White Jr. |
02/28/05 |
|
691075 |
Donna Frick |
02/02/05 |
|
691076 |
Shirley Lerchenfeld |
02/07/05 |
|
691078 |
Marie Abdon |
03/16/05 |
|
691090 |
Richard & Wanda Hendrickson |
03/07/05 |
|
692004 |
Penny Brinson |
03/10/05 |
|
694134 |
Larry Mullins & Emilio Cirelli |
04/01/05 |
|
694203 |
Richard & Noreen Murray |
03/16/05 |
|
694212 |
Richard & Noreen Murray |
03/16/05 |
|
694177 |
Gary & Mary Beth Noe |
02/18/05 |
|
695001 |
Howard & Sue Greene |
03/16/05 |
|
699024 |
John & Elizabeth Accola |
01/18/05 |
|
701010 |
John & Annette Doetsch |
03/30/05 |
Resolution/Speed Limit Signs/Southeast
Request from Public Works for approval and signature on
Resolution authorizing the posting of speed limit signs on the following roads
in
Quite Lane (0665) Las Brisas Court (1269A)
Fox Meadow Trail
Resolution/Speed Limit Signs/Biscayne Heights
Subdivision –
Request from Public Works for approval and signature on
Resolution authorizing the posting of speed limit signs on the following roads
in the Biscayne Heights Subdivision in the
Tropical
Tropical Breeze Court (6545B)
Resolution/Signs/Christopher Ford Industrial Park –
Groveland Area
Request from Public Works for approval and signature on
Resolution authorizing the posting of "No Parking" signs on both
sides of the following roads in the
Allegiance Court
Republic Drive
Southern Pines/Final Plat/Letter of Credit/Developer’s
Agreement/Ladd Development
Request from Public Works for approval and authorization
to accept the final plat for Southern Pines and all areas dedicated to the
public as shown on the Southern Pines final plat; accept a Letter of Credit in
the amount of $566,654.00; and execute a Developer's Agreement for Construction
of Improvements between Lake County and Ladd Development, Inc. Southern Pines
consists of 42 lots – Commission District 2.
Plymouth
Hollow/Final Plat/Maintenance Bond/Developer’s Agreement/Resolution
Request
from Public Works for approval and authorization to accept the final plat for
Plymouth Hollow and all areas dedicated to the public as shown on the Plymouth
Hollow plat; accept a Maintenance Bond in the amount of $14,927.02; execute a
Developer's Agreement for Maintenance of Improvements between Lake County and
Plymouth Hollow, LLC; and execute a Resolution accepting the following road
into the County Road Maintenance System: Plymouth Hollow Circle (County Road
Number 3986A). Plymouth Hollow consists of 26 lots – Commission District 4.
Bids/Groveland
Library Drainage Improvement Project
Request
from Public Works for approval to advertise for bids for the Groveland Library
Drainage Improvement Project Number 2005-12 at an estimated cost of $90,000.00
from Sales Tax Capital Projects. Commission District 2.
Bids/Bay
Avenue Drainage Improvement Project
Request
from Public Works for approval to advertise for bids for the Number
Park
Hill/Final Plat/Letter of Credit/Developer’s Agreement/Long Farms North, Inc.
Request
from Public Works for approval and authorization to accept the final plat for
Park Hill and all areas dedicated to the public as shown on the Park Hill final
plat; accept a Letter of Credit in the amount of $409,586.21; and execute a
Developer's Agreement for Construction of Improvements between Lake County and
Long Farms North, Inc. Park Hill consists of 120 lots – Commission District 1.
Bids/CR-48
Widening & Resurfacing Project/Local Agency Program Agreement
Department
of Transportation/Renewal Sales Tax Capital Projects Fund
Request
from Public Works for approval and authorization to advertise for bids for the
CR-48 Widening & Resurfacing Project Number 2005-14 at an estimated cost of
$2,704,060.00. Through a Local Agency Program Agreement (FDOT FPN
415472-1-A8-01), the Florida Department of Transportation will fund $840,060.00
for the design/build of 5-foot wide paved shoulders on CR-48. Using Renewal
Sales Tax Capital Projects Fund, the roadway will be resurfaced and various
intersections will be improved at an estimated cost of $1,864,000.00.
Commission District 3.
Right-of-Way
Deeds/Easements/Quitclaim Deeds/Statutory Warranty Deeds
Request
from Public Works for approval to accept the following listed public right of
way deeds that have been secured in conjunction with roadway and/or stormwater
projects: one Drainage Easement; two Statutory Quitclaim Deeds; and four
Statutory Warranty Deeds, as follows:
Drainage
Easement
Gerber,
Statutory
Quitclaim Deed
Dowd, Autumn L., OR Book 2788/Page 0114, Road Project
Lyn Terrace Partners, LLP, CR19A, RD#6159, OR Book
2793/PG 0558, Special Project
Statutory
Warranty Deed
Black, Patricia A., Citrus Valley Road, RD#2929A, OR
BK 2781/PG 2227, Road Project
Stoner, Robert L. and Stoner, James R. and Stoner,
Janis J. and Smith, Ruth A., East Ave., OR BK 2781/PG 2221, Road Project
McPherson, John R., Keene Road, RD#8165, OR BK 2789/PG
0342, Road Project
McPherson II, Rex V., Keene Road, RD#8165, OR BK
2789/PG 0339, Road Project
Resolution/Advertise
Road Vacation Petition Number 1044 –
Hossein
& Eugenia Faraji - Howey-in-the-Hills Area – District 3
Request
from Public Works for approval and signature of Resolution to advertise Public
Hearing for Vacation Petition Number 1044 by Hossein and Eugenia Faraji to
vacate unused Right of Way on East Dewey Robbins Road, located in Section 10,
Township 21 South, Range 25 East, in the Howey-in-the-Hills area – Commission
District 3.
Resolution/Advertise
Road Vacation Petition Number 1045 –
Michael
T. & Deborah Kiely – Lake Crescent Hills Subdivision – District 2
Request
from Public Works for approval and signature of Resolution to advertise Public
Hearing for Vacation Petition Number 1045 by Michael T. and Deborah Kiely to
vacate a lakefront drainage easement, in the Plat of Lake Crescent Hills
Subdivision, Plat Book 32, Page 27 located in Section 02, Township 23 South,
Range 25 East, in the Clermont area – Commission District 2.
ADDENDUM NO. 1 –
PRESENTATION:
PROCLAMATION
HONORING THE LEESBURG
HIGH
SCHOOL BOYS SOCCER TEAM
Commr. Hill read and presented Proclamation 2005-69 to
members of the Leesburg Yellow Jackets who made it to the Class 4-A State
Soccer Playoff after placing second in the district. Congratulations were extended to Head Coach
Jason Gray and Assistant Coach Dennis Kaminski; and players Chris Arcidiacono,
Sean Berry, Blaise Bleakley, Parker Brown, Chance Chadwick, Brent Compton,
Kevin Custer, Scott Davis, Larry Edwards, Remone Forrester, Stephen Fry, David
Hansard, Chris Johnson, Ryan McCabe, Paul O’Donnell, Pep Peterson, Chase Senn,
Jameson Shumate and Matt Williams.
Head Coach Jason Gray addressed the Board and extended
his thanks for this recognition. Coach
Gray noted their 21-6-1 season, which took them further than any other team in
On a motion by Commr. Stivender, seconded by Commr. Pool
and carried unanimously by a 4-0 vote, the Board approved Proclamation 2005-69
recognizing the Leesburg Yellow Jackets Soccer Team.
PRESENTATION:
Recognition of the
"Once Upon
a Time
ms. Blanche Hardy, Director of
Environmental Services, addressed the Board and explained that, once a year,
the National Geographic Society selects 100 schools for student projects
throughout the
Mr. Hardy explained that the reason she is discussing the
book today is, unbeknownst to the department, when the book was published, the
Department of Environmental Services, and the Board of County Commissioners,
were recognized for their support. With
tremendous pride, she stated that the Department of Environmental Services
would like to present a copy of the book to the Board on behalf of
Commr. Hanson stated that it was wonderful that Ms. Hardy
brought the book to the Board today. She
stated that Evelyn Robinson should also be recognized; she does Service
Learning and puts all of these people together, and she may not be listed, but
she does an outstanding job pulling together the different educational
categories. Ms. Robinson will be making
a presentation to the Board in the near future.
Commr. Hill questioned whether there will be a book in
each library, and Ms. Hardy explained that the book she is presenting today is
for the Board’s library, but she would like to make that request for more. It was the feeling of the Board that the book
should be in all of the libraries.
Commr. Stivender noted that Evelyn Robinson was also
instrumental in starting the scrub jay habitat area in that end of the County.
Commr. Hanson stated that the Childrens’ Services Commission
actually helped that program, Service Learning, get started in the beginning.
Commr. Hill extended her thanks to Ms. Hardy for bringing
this forward to them.
ADDENDUM NO. 1 –
PRESENTATION:
TAVARES HIGH SCHOOL BAND
On a motion by Commr. Stivender, seconded by Commr. Pool
and carried unanimously by a 4-0 vote, the Board approved Proclamation 2005-81
recognizing the Tavares High School Symphonic Band, which received straight
Superiors at the F.B.A. District Music Assessment;
Commr.
Stivender stated that she will read Proclamation 2005-69 recognizing the
members of the Tavares High School Symphonic Band, and then they will be
presented with an official Proclamation at a later date, so that they can hang
it in the new band room. Congratulations
were extended to Allen Venezio, Band Director, and band members: Allen J. Venezio, Band
Director and band members: Heather Adkins, Jordan Berge, Paulette Boggs, Troy
Borowsky, McKinley Brown, Amanda Byrd, Julian Camaz, Kyle Campbell, Brandon
Carter, Austin Chaput, Crystal Christoffel, Carlos Colon, Aaron Conrad, Sarah
Crocker, David Cunningham, Kristina DeGeorge, Wayne DeGeorge, Adam Dunson, Dean
Eubanks, Christina Hagan, Jacob Hemphill, John-Mark Hemphill, Breann Hettmann,
Rachel Higgs, Kyle Houghton, Jayne Icker, Michael Icker, Luke Jackson, Dustin
Johns, Emily Johnson, Stephanie Killory, Ashley Lachance, Derek Lamas, Hadley
Lupton, Nathan Mamula, Tommy Marshall, Caitlin Martin, Nikki Melcher, Scott
Minkoff, G. Carter Munroe, Joseph Newton, Robert Odette, Emily Penkala, Seth
Roberton, Gabrielle Robinson, Ashleigh Schwarz, Tyler Stafford, Timothy
Stivender, Patricia Thomason, Karina Trejo, Brizel Trinidad, Lauren Troxell,
Jessice Tyrer, Cody Wade, Melissa Ward, Felicia Warrilow, Amber Watkins, James
Weber, John Weber, Kellie Weber, Morgan Wood and Color Guard members: Katelin
Anderson, Kristina DeGeorge, Jessica Flick, Jacquelyn Friebel, Christina Hagan,
Amanda Howard, Jayne Icker, Amber Marlow, Caitlin Martin, Sara Martin, Holly
Monteith, Ashley O’Steen, Kelly Palmer, Chelsea Roach, Kaitlyn Sheppard,
Christa Skelton, Elizabeth Strickland and Katelyn Wilson.
Mr.
Allen Venezio, Band Director, stated that, on behalf of all the members and
instructional staff at the Tavares High School Music Department, he would like
to thank all of the Commissioners for doing this for the students of the Music
Department. They are very proud of all
of the musical accomplishments at
Commr.
Stivender stated that she serves on the Citizens’ Commission for Children and
Cultural Affairs Council, and the school system and State seem to be cutting
back on culture, music and art in the educational system and this is what keeps
a lot of the students in school; it helps them think better and work better. She stated that anytime they have an
opportunity, they should let their legislators know that they need funding to
keep the music teachers in the schools.
She stated that it is not fair to the students and their futures.
Commr.
Hanson stated that most students that are involved in art and music not only do
better in their classes, but they stay out of trouble and are more productive.
PRESENTATION:
Recognition of Employees for their Service and
Participation in the 2005 March
of Dimes Fundraiser
Commr. Hill stated that the Board
will recognize the employees who have contributed to the March of Dimes with
their service and hard work. She stated
that, rather than competing against each other and each department this year, they
chose to approach the March of Dimes Fundraiser as a group effort. She noted the main fundraisers that were held
this year and stated that they wanted to thank the Sheriff’s Office for their
plant donations, the nurseries and the growers in the area who donated plants
and soil, everyone who donated items for the yard sale, and the 19 walkers who
participated in the Walk America on April 30, 2005. They raised over $10,940 for the March of
Dimes. At this time, the Board
recognized the following individuals:
Patti Young, Linda Maston, Jennifer Lobato, Traci Bates (not present),
Debbie Marchese, Cynthia Eads, Colleen Smith (not present), Kathy Lawson,
Blanche Hardy, Jane Reich, Renee Bass, Melissa Maidhof (not present), Grace
Watson, Kathy Hartenstein, Debi Dyer, and Cindy Heffler.
Ms. Cindy Heffler stated that she
would like to thank everybody for their efforts and note that the event went
real smooth this year. She thanked Ms. Blanche Hardy, Director of Environmental
Services, for all of her help, and she challenged the next group to raise $11,000.
PRESENTATION:
Lake and
Fletcher Smith,
Community Services Director, and Michael Tart
Mr. Fletcher Smith, Director of Community Services, stated
that, last year during the hurricanes, when they were running the Emergency
Operations Center (EOC), Mr. Michael Tart was there on a constant basis working
with all of the other folks trying to get things done and help the
community. Mr. Tart is the Chairman of
the
Mr. Michael Tart addressed the Board and stated that they
have several members from LASER here today, and he asked them to stand and be
recognized. Mr. Tart read the LASER
Mission Statement, and the list of those who participate in LASER, as follows: local
government, Lake County Board of County Commissioners, Public Safety, Emergency
Operations Center, Lake County Sheriff’s Office, Sumter County Board of County
Commissioners, Sumter County’s Public Safety and Emergency Operations Center,
Red Cross, Salvation Army, Lake Community Action Agency, United Way, Human Care
Network, Christian Social Services, Faith Neighborhood Center, Connection Help
Line, and numerous faith based organizations.
Mr. Tart explained that, during the actual emergency event and, in the
short term recovery phase immediately after an emergency, LASER will provide
immediate access to a wide variety of community resources, in order to support
the County activities and other primary response agencies. After the emergency event, and after the
short term recovery phase, LASER will work with FEMA and other agencies by
conducting community assessments, with the assistance of the American Red
Cross. The Red Cross will provide a case
management of the citizens who are in need of assistance; cases whose needs
cannot be met through the Red Cross will be referred to LASER for review and assistance. LASER will consider each citizen’s needs on a
case by case basis and attempt to assist with the resources of the entire
community.
Commr. Stivender stated that Mr. Tart held the EOC together
during the hurricanes, and she is really honored that he is heading up the
LASER Team, because she knows it is going to be there for the citizens of
PUBLIC
HEARING:
Substantial Amendment to the Federal Fiscal
Year (FFY)
2005-2008 Consolidated Plan and Transmittal of
Amendment
to the
Ms. Liz Eginton, Community Development Block Grant (CDBG)
Director, stated that she was here today to request Board approval for a
substantial amendment to the FFY 2004-08 Consolidated Plan, about $30,000, to
allow Community Health Care Services to make renovations to their newly
purchased adult day care building in Clermont.
Commr. Stivender made a motion, which was seconded by
Commr. Hanson, to approve a substantial amendment to the FFY 2004-08
Consolidated Plan, and to direct the CDBG Division of the Department of
Community Services to transmit the amendment to the U.S. Department of Housing
and Urban Development.
It was brought to the Board’s attention that this is a
public hearing, and they needed to take public comment.
Commr. Hill opened the public hearing and called for
public comment. There being none, the
public hearing portion of the meeting was closed.
The Chairman called for a vote on the motion, which was
carried unanimously by a 4-0 vote.
PUBLIC HEARING:
Ordinance creating the Solid
Waste Advisory Committee
Mr. Sandy Minkoff,
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING DIVISION 15, CHAPTER 2,
LAKE COUNTY CODE, ENTITLED SOLID WASTE ADVISORY COMMITTEE; PROVIDING FOR A
TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR DUTIES;
PROVIDING FOR PROCEDURES; PROVIDING A SUNSET PROVISION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Commr. Hill questioned whether the liaison is
included in the count for a quorum, and Mr. Minkoff explained that the liaison
is not a member, but the quorum is a majority of the members.
Commr. Hanson stated that the
membership has been dropped from 12 to seven members, but she hopes that they
do not lose some of the technical expertise by reducing the actual numbers.
Mr. Minkoff stated that the numbers,
and the sunset provision, did not come from his office; the changes came from
the department, so that would be a question for the department director.
Commr. Hanson stated that this would
be her only concern because it is going to limit the Board’s opportunities to
appoint people that may have the technical expertise, as well as the political
sensitivity.
It was noted that the meetings are
open to the public and anyone can attend.
Ms. Blanche Hardy, Director of
Environmental Services, stated that the department found that usually about
seven people show up for the meetings, so they reduced it to the number of
people that are typically there.
Commr. Hanson noted that the Board
can always increase the number, if they find that necessary, but they need to
also make sure that the people they appoint are seriously interested and will
be attending the meetings.
Ms. Hardy stated that one of the
things that staff suggested when they spoke to the Solid Waste Advisory
Committee and the Forum Environmental Resource Committee is that they have the
ability to designate technical advisory committees and pull in regulatory
people and invite those people to serve as a sub-committee, or a service
committee, to that group, and they would hope very much and would strongly
suggest they do that.
Mr. Minkoff explained that they made
it very clear that the Commissioner can talk to the members, therefore
resolving the Sunshine problem, so the liaison Commissioner cannot vote.
Mr. Minkoff referred to Page 3, Sec.
2-90.67, Sunset Provision, and suggested that, in view of the Board’s long
range plan for solid waste, this may be a provision they would like to remove
at this point, or significantly lengthen, because they are talking about a 2014
window for this group.
Commr. Hanson stated that she would like
to extend it to 2014.
Commr. Hill opened the public
hearing and called for public comment.
There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded
by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved
Ordinance 2005-38 creating Division 15, Chapter 2, Lake County Code, entitled
Solid Waste Advisory Committee, as read by title only, with the change to Sec.
2-90.67, Sunset Provision, from 2007 to 2014.
Mr. Minkoff noted that staff will
adjust the terms of the members, probably to four year terms, to make them fit
now that it goes longer than just a two year process. This will be made as part of the previous
amendment.
PUBLIC HEARING:
Special Assessment 100 – Hilltop
and Resolution
Mr. Jim Stivender, Director of Public Works, presented the
request regarding Special Assessment 100 – Hilltop Sorrento Subdivision, to
award Special Assessment Lump Sum Construction to Art Walker Construction, Inc.
for $749,426.81; to encumber funds in the amount of $749,426.81 (Commissioner
District 4); and execute a Resolution. As
noted, Shetland Trail is $16.97 per foot per property owner; Thoroughbred Trail
$23.38; Appaloosa Trail $27.22; Welsh Trail $19.67; and
Commr. Hanson agreed that the two lots, 70 and 77, should
not be charged and the County will have to pick up the difference.
Mr. Stivender noted that the County is picking up a
larger tab on Shetland Trail, because it a collector road.
Mr. Sandy Minkoff,
Ms. Barbara Schamel, Public Works, explained that, in the
very beginning, staff was told that the right-of-way costs were going to be
passed on because this whole subdivision was platted private and there were
considerable costs associated with getting that right-of-way as public
domain. She explained that she took the
total cost of the engineering and the right-of-way cost for this project and
divided that by five, because there are five roads, so that it was equitably
distributed. She pointed out that the
right-of-way costs for the project are shown in the backup, and this is the
first she has heard that they are not included.
She explained that staff had estimated $24.28 per assessed foot for
Thoroughbred, Appaloosa, Welsh and Gere; and $22.87 for Shetland.
Commr. Hanson suggested that, if they are in the ballpark
of where they were supposed to be and, since this is a very expensive road,
they could reduce Appaloosa to the $22.64 and put the interest rate at 5.5%,
and the right-of-way costs are already added in the amount. She feels that this would be a pretty fair
way to deal with all three of these issues.
Mr. Minkoff noted that all of the right-of-way is not included
because they still have not paid all of the right-of-way costs for the project,
and he wanted to note that this was a misunderstanding between staff.
Commr. Hanson stated that this has been a long process
that started some time ago and there was support for the paving of some of those
roads, but these particular roads were not paved at that time. She stated that getting the support to get
these roads placed in the County system has been a real challenge for the folks
that live there, and she thinks it is a great project for the area.
Commr. Hill opened the public hearing and called for
public comment.
Mr. Dale Thompson, Appaloosa Trail, addressed the Board
and stated that he thought everyone was going to be sharing the same cost. He understands that the County is willing to
drop the cost on Appaloosa to $22.64, but they are still roughly $5.00 a square
foot higher than the other roads. He
explained that they are going to need the dirt from their road to help fill in
some of the other streets, so he feels that everyone should share in the same
cost.
Mr. Stivender explained that the County had the
contractor bid out the individual roads, so any additional pipe work, and any cut
or fill on the jobs would be identified on that road and, even though they may
be balancing the job, the cost associated with each road would be identified on
that particular roadway. He noted that
they looked at these particular individual items, and there is some additional
pipe work and construction cost on Appaloosa Trail, because of the terrain.
Mr. Thomas Smith stated that he owns
Mr. Stivender explained that none of those people, as
noted, have any frontage on the road; therefore, they are not included in the
assessment.
Commr. Hanson explained that this is one of the reasons
that the County picks up 50%; there is no exact equitable process. She stated that, if the speed bumps were to
be put in, it would probably increase the cost on several of the roads.
Mr. Stivender explained that there will be a lot of
characteristic changes to the roads when they are paved and they will be a lot
safer. He stated that law enforcement
does tend to spend more time on the roads when they are paved but staff will
evaluate the situation and access the speeds and verify any problems before
they talk about doing anything else and, if there is a chance that something
will occur, they will make sure that law enforcement is aware of it before they
even open the road.
Mr. Smith stated that he would like to go on record and
say that, when the first death occurs at this location, he will be back before
this Board.
Ms. Betty Ann Christian, Shetland Trail, stated that
everything Mr. Smith said is correct; people travel 70 mph on Shetland Trail,
which is going to kill somebody, so she hopes they get the stop signs, and the
speed bumps. She explained that
Mr. John Williams addressed the Board and stated that he
lives on Appaloosa Trail and safety is a problem. He explained that, on Saturday, there were
individuals lining up to drag race down Palomino, and he felt that this was not
going to work unless they put in four-way stops at every one of these streets.
Commr. Hanson felt that the four-way stops may be
something for staff to look at.
Mr. Stivender explained that staff will analyze the area,
because they will be changing the characteristics of the roads, and it does
sound like a conversation they will have with the Sheriff’s Office.
Ms. Tammy Jones wanted to know why the cost was higher on
Thoroughbred Trail, which is one of the better roads except at one end of it.
Mr. Stivender explained that each one of the roads is
broken down in terms of cost, and more earth work and more drainage work adds
to the price, and there was some drainage issues associated with this road. Staff will look at it one more time, but it
appears that, after staff completely verified the information, the contractor
indicated exactly what they needed to do and nothing appeared out of the
ordinary. He noted that the right-of-way
was the only thing that was divided by five (five roads); the rest of it was
divided by foot and, as noted, the right-of-way costs will remain as noted in
the backup.
Mr. Hillary Ryon, speaking from the standpoint of an
ex-military man, addressed the Board and stated that the situations that have
been described, the conditions of the roads and four-way stops, about 14 years
ago, money was collected in taxes and all of this was supposed to have been
planned for but the taxes that were collected for this project disappeared
without a trace and have never been found.
Mr. Ryon stated that if they could keep track of money and have a little
bit more buying power with the money they pay in taxes, he believes that
problems like this could be solved without any degree of difficulty, but they
are now faced with unpaved roads. He
stated that there are people who like to speed in the sand, and they all have
enough problems without having things made any worse. The taxpayers in this County, and probably in
a lot of other counties, are not getting the buying power for their money. He stated this nonsense should stop and they
need to get these projects done. He stated
that he is in favor of the roads being paved and taking care of the
problems. There has been too much wasted
time, wasted effort, wasted money, and he knows all about hard times, and he
does not think that the people who live in this area need to be made subject to
such hard times.
Mr. Stivender noted that, once the Board takes action
today to award the bid, they should be starting the project in about 30 days.
Commr. Hill called for further public comment. There being none, the public hearing portion
of the meeting was closed.
Commr. Stivender questioned whether the Board is setting
a precedent by reducing the percentage rate.
It was noted that the Board had the same discussion when
they did
Mr. Minkoff explained that the factor in this case is
that, when the petitions were submitted to the folks with the lower interest
rate, because of the difficulty they had in acquiring the right-of-way, it has
been a very long period of time so, when they started this process several
years ago, the interest rates were a lot lower; that is why Mr. Stivender is
recommending the lower interest rate.
Commr. Stivender stated that she wanted the justification
noted because the people out there that watch this are going to say they did it
for this one, but they did not do it for them.
Commr. Hanson stated that she would say that they are not
setting a precedent but the circumstances can always change and special
circumstances need to be taken into consideration.
On a motion by Commr. Hanson, seconded by Commr.
Stivender and carried unanimously by a 4-0 vote, the Board approved Special
Assessment 100 – Hilltop Sorrento Subdivision, to award Special Assessment Lump
Sum Construction to Art Walker Construction, Inc. for $749,426.81; and to
encumber and expend funds in the amount of $749,426.81 (Commissioner District
4); with engineering and right-of-way costs for this project being $51,146.40
for a total cost of $800,573.21; execution of assessment roll and Resolution
2005-79; with an interest rate of 5.5%; and reducing the cost from $27.22 per
foot to $22.64 per foot on Appaloosa Trail.
Commr. Pool stated that staff will inform the Sheriff
when the project is completed about enforcement.
Commr. Hanson extended her thanks to Mr. Stivender and
Ms. Schamel for their work.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham, Forest Hills/Lake Mack, discussed a
problem where an individual has dug out both ends of a road and made it so that nobody can pass
on it. After consulting with many
different offices of the County, he never did get any help or answers. He felt that the County needed some kind of
system to help the public get information in a more expeditious manner.
Mr. Sandy Minkoff,
Mr. Whigham noted that he was given a document showing a
dedication of a 66 foot easement to the public dated March 11, 1971. He further noted that, with or without a copy
of the document, throughout history, any road that has been opened up for seven
years or more is generally considered public access.
Mr. Minkoff explained that it only becomes public if the
County maintains it for seven years, or if the County builds a road; there may
be some private rights for someone to travel over it, but those would not be
public rights so, unless they can verify some kind of right-of-way, the County
typically does not get involved unless someone’s total access has been denied.
Mr. Whigham explained that, if people are destroying
County roads, or private roads, these people should be charged with destruction
of property, public or private, and pay for damages but, in 35 years, no one
has ever even gotten a citation.
It was suggested by the Board that Mr. Whigham get with
Mr. Stivender and the District Commissioner to discuss this matter. Mr. Stivender noted that, in his information,
it is shown on the map, but it is a different road location, and he will get
with Mr. Whigham after the meeting.
Mr. Whigham asked whether Commr. Hanson would be the
speaker at their community meeting tonight, since Commr. Cadwell will not be
back in time. It was noted that she
would check her calendar.
Mr. Whigham wanted to know where individuals could
deposit their used TVs and PCs and computers, and Ms. Blanche Hardy, Director
of Environmental Services, explained that, since the regulations have changed
the County cannot pick up these items.
The Board approved a fee schedule that only covers the cost of disposal,
and this type of material can be taken to any of the residential drop offs, or
to the landfill. Mr. Whigham was
concerned about people dumping the items on the back roads, which will create a
major pollution problem and, if they are considered hazardous, it will be all
over the woods. It was noted that the
Board will work on this item of concern.
Employee Survey
Ms. Sharon Wall, Employee Services Director, stated that
this is the employee survey that the Board requested that staff prepare. Ms. Wall noted that the last survey was done
in the year 2000. She explained that
staff looked at the survey questions that were asked then, they got surveys
from other counties, and they got samples from the Society of Human Resource
Management. They put together a draft
and took that draft to the Employee Advisory Committee and came up with these
questions. They are calling it an
Employee Satisfaction Survey, and it will be completely anonymous, as noted,
with a rating scale of from 1 (disagree) to 5 (agree). If the Board is satisfied with the questions,
staff will proceed and distribute it.
Commr. Stivender stated that she had a couple of
employees call her and ask her why they got rid of the cost of living increase
years ago, and they wanted that added as part of the survey, in the form of a
question; how many employees would like a cost of living versus just the merit
increase.
Ms. Wall made note of the question and explained that, on
surveys, one has to be careful of asking a question where there would be a chance
of it coming back with everyone wanting it, because then there will be the
question of how to implement it, when there is only a limited amount of
dollars.
Commr. Stivender pointed out that questions 21 and 22 ask
about being paid fairly and doing a job well that might lead to a larger merit
increase.
Ms. Hall explained that, on Friday, at the Board Retreat,
the Board will be talking about the merit increase and, if there is a cost of
living, then the merit increase might be smaller.
Commr. Stivender explained that the some of the employees
think that it is fairer to have a cost of living because they may not
necessarily get a merit increase.
Ms. Wall stated that staff can look at that question and
find a way to reword it better.
The Board expressed to Ms. Wall their appreciation for her
effort and the very good questions.
On a motion by Commr. Hanson, seconded by Commr.
Stivender and carried unanimously by a 4-0 vote, the Board approved the
Employee Survey from Employee Services, and to distribute it to Lake County
Board of County Commissioners’ employees for feedback.
MAINTENANCE MAP –
Mr. Jim Stivender, Director of Public Works, discussed
Tab 24, which was pulled from the consent agenda regarding the request to
accept a Maintenance Map for
Mr. Sandy Minkoff,
Commr. Hill called for public comment. It was noted no one present wished to address
the Board; therefore, the public comment period was closed.
On a motion by Commr. Pool, seconded by Commr. Stivender
and carried unanimously by a 4-0 vote, the Board approved the request from
Public Works to accept a Maintenance Map for North Libby Road (Number 2335),
and a portion of Libby Road Number 3 (Number 2233).
ADDENDUM NO. 1 –
REPORTS –
COMMISSION MEETINGS
Ms. Cindy Hall, Interim County Manager, stated that she
would like to discuss the Board meetings in the months of June and July
2005. Ms. Hall stated that June 28, 2005
is a zoning day, and the
Commr. Stivender did not feel it was necessary to do that
and explained that, six months ago, she informed the
Mr. Sandy Minkoff,
Commr. Hill noted that the Board will be able to see what
comes forward after the Zoning Board meeting in June, so they will still have
time to make that decision.
Ms. Hall discussed the meeting scheduled for July 5,
2005, which is a Tuesday following July 4, 2005, a holiday, and noted that staff
does not have anything specific scheduled for that day, so staff thought they
would bring that to the Board’s attention and discuss canceling it, and include
anything for that day on the meeting of July 12, 2005.
After some discussion by the Board members, Mr. Sandy
Minkoff,
On a motion by Commr. Stivender, seconded by Commr. Pool
and carried unanimously by a 4-0 vote, the Board approved the cancel the July
5, 2005 meeting, as recommended by the Chairman.
Ms. Cindy Hall, Interim County Manager, reported that the
County is participating in the statewide hurricane exercise, and the Emergency
Operations Center (EOC) is operational and very active right now. They welcome the Board members to look at all
of their activities taking place today and tomorrow.
COUNTY EMPLOYEE PICNIC
Ms. Cindy Hall, Interim County Manager, noted that the
County employee picnic will be held this Thursday, May 19, 2005, at Hickory
Point, from 11 a.m. to 2 p.m.
REPORTS –
OPTION AGREEMENT/FERNDALE PRESERVE PROPERTY IN APOPKA
Mr. Sandy Minkoff,
Commr. Stivender noted that Doug Hattaway, Glenn Burns,
and Mike Woods are present today, and they have been working on this with
staff.
Commr. Pool stated that he will be abstaining from voting
on this issue, because of a conflict.
Mr. Doug Hattaway, Trust for Public Land (TPL), addressed
the Board stated that he would like to say thank you and, although the Board
has consistently been in strong support of these parks and open space and
environmentally sensitive lands issues, he wanted to thank Commr. Hanson for
her leadership in furthering these types of efforts within the County. He also wanted to thank County staff and say
that it has been a pleasure working with staff including Cindy Hall, Interim
County Manager, Mike Woods, Alternative Transportation Planner, Blanche Hardy, Director
of Environmental Services, Sandy Minkoff, County Attorney, Melanie Marsh,
Assistant County Attorney, Patty Harker, Right-of-Way Manager, and Bob Stevens,
and he looks forward to working with Lake County in the future.
Commr. Hill pointed out a hazardous waste clause in the
agreement, and Mr. Sandy Minkoff,
On a motion by Commr. Stivender, seconded by Commr.
Hanson and carried by a 3-0 vote, the Board approved the request from County
Attorney for approval of the Option Agreement for Sale and Purchase of the
Ferndale Preserve Property in Apopka.
Commr. Pool abstained from voting and declared a conflict
of interest.
REPORTS –
Sheriff’s
Department/Agreement/Forfeited Property
Mr. Sandy Minkoff,
On a motion by Commr. Hanson, seconded by Commr. Pool and
carried unanimously by a 4-0 vote, the Board approved for the Chairman sign a
Federal Equitable Sharing Agreement between the Sheriff and the United States
Department of the Treasurer regarding forfeited property.
REPORTS – COMMISSIONER HANSON – DISTRICT #4
PROCLAMATION/PUBLIX
Commr. Hanson noted that Publix does an outstanding job
with the dollars they contribute to the community, particularly through United
Way, and many others, but that is her particular interest today.
On a motion by Commr. Hanson, seconded by Commr.
Stivender and carried unanimously by a 4-0 vote, the Board approved the request
for approval and execution of Proclamation 2005-70 proclaiming June 7, 2005 as
Publix Charities and Publix Employees Appreciation Day in Lake County.
Commr. Hanson stated that the dollars that they raise
would not be nearly as much without public support.
PROCLAMATION/SKIN CANCER AWARENESS MONTH
Commr. Hanson noted that Ms. Jody Hanson, Executive
Associate, Office of the Board of County Commissioners, did a real good job
putting together the Proclamation for Skin Cancer Awareness Month.
On a motion by Commr. Hanson, seconded by Commr.
Stivender and carried unanimously by a 4-0 vote, the Board approved the request
for approval and execution of Proclamation 2005-71 declaring the month of May
2005 as Skin Cancer Awareness Month in Lake County.
MEETINGS/EAST
Commr. Hanson informed the Board that tonight, from 6
p.m. to 8 p.m., at
THE DAILY COMMERCIAL/THE
Commr. Hanson informed the Board that Jacob Ogles with
“The Daily Commercial” is leaving them to go to
Commr. Hill wanted to welcome Stephen Hudak with “The
Orlando Sentinel”.
ADDENDUM NO. 1 –
REPORTS – COMMISSIOENR STIVENDER – DISTRICT #3
RESOLUTION/POLK
Commr. Stivender stated that the family of P. H. Polk and
his descendents live in
On a motion by Commr. Stivender, seconded by Commr.
Hanson and carried unanimously by a 4-0 vote, the Board approved the request
for approval and execution of Resolution 2005-80 honoring photographer, P. H.
Polk.
RECOGNITION/THE DAILY COMMERCIAL
Commr. Stivender recognized Jacob Ogles’ wife and three
others who won awards for journalism at “The Daily Commercial”.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1 WORKFORCE CENTRAL FLORIDA/APPOINTMENT
On a motion by Commr. Pool, seconded by Commr. Stivender
and carried unanimously by a 4-0 vote, the Board approved the appointment of
Darlene Stone, Vice President of Human Resources, Leesburg, Regional Medical
Center and the Villages Regional Hospital, to the Workforce Center Florida
Board of Directors.
Commr. Hill noted that the memorial ceremony will be held
at noon across the street for the Lake County Fallen Service Officers who have
fallen in the line of duty.
MOVIE FESTIVAL
It was noted that the
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting adjourned at 10:35 a.m.
___________________________
JENNIFER HILL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK