A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 4, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, October 4, 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; Debbie Stivender; Welton G. Cadwell; and Robert A. Pool.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Rick Reed, Columnist with the Daily Commercial and Curator of the Leesburg Heritage Museum, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, containing two requests, one from Procurement Services, being a request for approval to purchase a ladder truck for the Department of Public Safety for $124,000.00; and the second being from the County Attorney, who is requesting that a discussion be held regarding the potential purchase of the Conserv II property.

Mr. Sandy Minkoff, County Attorney, stated that he would also like to bring up the issue of the Health Department building that staff has been discussing with Dr. John Adkins, which may require some action.  He requested that the matter be placed on the Agenda.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 16, 2005 (Regular Meeting), as presented.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 30, 2005 (Special Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Bonds – Contractor

Request for approval of Contractor Bonds – New, Cancellations, and Riders, as follows:

            New

1214-07           Allison B. Liles d/b/a B & E Electric

6024-06           James A. Richardson d/b/a Southern Pools & Landscaping, Inc.

6198-07           Ronald S. Morton d/b/a Seminole Landscaping, Inc.

6410-06           William J. Puleikis d/b/a Muzak, LLC

6411-06           Justin Fiorini d/b/a American Electric Corporation

6414-06           Donald A. Russell d/b/a Kurtiss, Inc. d/b/a Sunlight Electric

6415-06           Joshua Stratton d/b/a Stratton Irrigation & Landscaping, Inc.

            Cancellations

5186-05           Rodney K. Pearce

5863-05           Robert Blakeley d/b/a Fortin Construction, Inc.

5900-03           Chad Sartain d/b/a Professional Turf Managers, Inc.

6236-05           Robert A. Edwards d/b/a Prosource Roofing of Florida, Ltd.

Riders

5851-05           Principal’s name has been changed to read:  George N. Alford, Inc. d/b/a Martin Aluminum Services

5987-06           Claire Bishop d/b/a Woodlandmar Lawnscape

                                    Principal’s address has been changed from 950 Seminole Street, Clermont, FL 34711 to P. O. Box 92747,

                                    Lakeland, FL 33804-2747

List of Warrants

            Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.

            Unclaimed Excess Proceeds for Tax Deeds

            Request to acknowledge receipt of unclaimed excess proceeds for tax deeds, totaling $31,606.03.

            Notice Before the Florida Public Service Commission

            Request to acknowledge receipt of Notice Before the Florida Public Service Commission – Notice of Customer Meetings to CSX Transportation, Inc., Florida Industrial Power Users Group, Florida Power & Light Company, Florida Public Utilities Company, Gulf Power Company, Office of Public Counsel, Progress Energy Florida, Inc., Tampa Electric Company, Thomas K. Churbuck and All Other Interested Persons – Docket No. 050001-EI;  Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor – Docket No. 050317-EI;  Petition for approval of application of temporary fuel clause additive charged to mitigate effects of new fuel contracts effective January 1, 2008, by Florida Public Utilities Company, dated September 1, 2005.

            Notice is hereby given that two customer meetings will be held by the Staff of the Florida Public Service Commission regarding Florida Public Utilities Company’s petition requesting the application of a temporary fuel clause additive charge to mitigate the effects of new purchased power contracts that will be effective January 1, 2008.  The meetings will be held at the following times and places:  Wednesday, October 5, 2005, 6:00 p.m. EST, Fernandina Beach City Hall, City Commission Chambers, 204 Ash Street, Fernandina Beach, Florida; and Thursday, October 6, 2005, 6:00 p.m. CST, Jackson County Administration Building, County Commission Meeting Room , 2864 Madison Street, Marianna, Florida.      

            Meeting Notice and Agenda from Southwest Florida Water Management District for

            Governing Board Public Hearing

            Request to acknowledge receipt of Meeting Notice and Agenda from the Southwest Florida Water Management District for Governing Board Public Hearing, regarding Tentative FY 2006 Annual Service Budget, to be held September 13, 2005, at 5:01 p.m., at the Tampa Service Office, 7601 Highway 301 North, Tampa, Florida.

            Fiscal Year 2005 Board Meeting Calendar and Map from Southwest Florida Water

            Management District

            Request to acknowledge receipt of Southwest Florida Water Management District’s Fiscal Year 2005 Board Meeting Calendar and Map depicting the District’s boundaries, as required by Chapter 189.417 of the Florida Statutes.

            Notice from City of Clermont Regarding Large-Scale Comprehensive Plan

            Amendment

            Request to acknowledge receipt of Notice from the City of Clermont – Re: Adoption of Large-Scale Comprehensive Plan Amendment for 72 Acre Parcel South of SR 50, East of Hancock Road, and West of Emil Jahna Road.  This request is to change the Future Land Use District designation on the parcel from Urban and Employment Center (County) to Undeveloped District 6 (UD-6) Commercial.  The public hearing dates are as follows:

§         Tuesday, September 27, 2005 – Clermont City Council, beginning at 7 p.m., City Hall  (Ordinance introduction)

§         Tuesday, October 11, 2005 – Clermont City Council, beginning at 7 p.m., City Hall (Final hearing)

            Monthly Distribution of Revenue Traffic/Criminal Cases

            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending August 31, 2005, in the amount of $172,479.09.  Same period, last year:  $141,697.23.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Cadwell asked that Tab 3, a request from Community Services for approval to change the opening hours for the Astor County Library, the East Lake County Library, and the Citrus Ridge County Library, be pulled, for discussion.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:

            Community Services

            Request for approval to proceed with "The Smartest Card" poster campaign featuring Lake County Commissioners.

            Request for approval and signature authorization on the FY 2005/2006 Community Development Block Grant (CDBG) Partnership Agreement between the City of Tavares and the County, in an amount not to exceed $100,000.00, granting the City CDBG funds to construct the first phase of the beautification of West Main Street, and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and authorization for the Chairman to sign the contract between Lake County and the State Department of Health, for the operation of the Lake County Health Department, during the term of the contract, from October 1, 2005 through September 30, 2006.

            Facilities Development and Management

            Request for approval to amend the Brown and Caldwell contract for the Phase III Landfill, to include the performance of additional design services, to reconfigure the northwest portion of the Phase III Landfill, for an additional estimated cost of $25,000.00, related to the South Tavares Government Complex.

            Information Technology

            Request for approval and authorization to pay Software House International’s (SHI) first year costs of $114,100.00 for Microsoft Office Professional licensing, in accordance with the State of Florida Microsoft Enterprise Agreement.

            Procurement Services

            Request for approval to award the contract for Architectural Design, for fire stations, to Starmer Ranaldi Planning and Architecture, Inc., in accordance with RSQ No. 05-056, for $70,000.00. The contract includes the design of the prototype fire station for $70,000.00, plus $59,000.00 for the design of each additional fire station. Reimbursables are not to exceed $2,000.00 for each fire station.

            Request for approval and execution of the contract with Tindale-Oliver and Associates, Inc., for engineering design services for intersection improvements for CR 473 and Treadway Road, US-27 and Dewey Robbins Road, and Old 441 and Lakeshore Drive, in the amount of $236,034.67.

            Request for approval and execution of the contract with Johnson, Mirmiran and Thompson, Inc., for engineering design services for Radio Road and Woodlea Road, in the amount of $332,579.97.

            Request for approval to award the contract for repair of the Recycling Metal building, located at Environmental Services, to Southern Building Services, Inc., in accordance with Bid No.05-061, for $44,122.00; and approval of budget transfer, in the amount of $44,122.00.

            Request for approval to award and execute the contract with Gulf Coast Property Acquisition, Inc., for on call right-of-way acquisition services, RSQ 05-099.

            Public Safety

            Request for approval of the renewal of an Agreement with Lake-Sumter Emergency Medical Services, Inc. (LSEMS), in which Lake County reimburses LSEMS for the cost of dispatch services ten dollars ($10.00) per dispatch incident, not to exceed $13,000.00 per month, for Fiscal Year 2005/2006.

            Request for approval of the renewal of an Agreement with Lake-Sumter Emergency Medical Services, Inc. that will provide a reimbursement of $200,000.00 to Lake County Fire Rescue, for providing first response advanced life support services, for Fiscal Year 2005/2006.

            Public Works

            Request for approval and authorization to accept the final plat for Harbor Hills Phase V, and all areas dedicated to the public, as shown on the Harbor Hills Phase V plat. Harbor Hills Phase V consists of 143 lots – Commission District 5.

            Request for approval and authorization to accept the final plat for Lady Lake Farms, and all areas dedicated to the public, as shown on the Lady Lake Farms plat; accept a maintenance bond, in the amount of $10,648.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Olifa Development, Inc.; and execute Resolution No. 2005-159, accepting the following road into the County Road Maintenance System: Mustang Trail (County Road No. 7909).

            Request for approval and execution of Amendments to the Federal Highway Administration Emergency Relief Program Agreements (ERPA), for hurricane damage in Lake County.

            Request for approval to accept right of way deeds that have been secured in conjunction with roadway and/or stormwater projects, as follows:

            Drainage Easement

           

            Church of God

            S. Clermont Connector

            Road Project

           

            Statutory Warranty Deeds

           

            Church of God

            S. Clermont Connector

            Road Project

 

            W. C. Davis and Dorothy E Davis

            S. Dewey Robbins Road

            Road Project/Clay to Pave

 

            William W. Hampton and Marilyn L. Hampton

            S. Dewey Robbins Road

            Road Project/Clay to Pave

 

            William P. Floyd, Jr.

            Dewey Robbins Road

            Road Project/Clay to Pave

 

            Florence O. Parker

            Edwards Road

            Road Project

 

            Temporary Non-Exclusive Easement Deed and Perpetual Grading Easement

 

            Church of God

            S. Clermont Connector

            Road Project

            Request for approval and execution of an Access Easement over a county owned railroad right-of-way, to provide access to Twin Lakes Estate Subdivision, adjacent to State Road 19, in the Umatilla area.

            Request for approval and authorization to execute Change Order No. 2 to No.1346 Hooks Street Phase II, and No.1350 Citrus Tower Boulevard Construction Project No. 2004-13, in the amount of $154,967.70, for additional work relating to the project – Commission District 2.

            Request for approval and execution of a Purchase Agreement with Billy R. Williams and Jennifer L. Williams for right of way; and authorization for the Chairman to sign any and all documents necessary for closing, in conjunction with the Old Mount Dora Road (No. 4865) Project, located in the Eustis area, in Section 23, Township 19 South, Range 26 East – Commission District 4.

            Request for approval and authorization to advertise for bids for the South Clermont Connector New Construction Project No. 2006-01, at an estimated cost of $6,000,000.00, from the Road Impact Fee Fund. Commission District 2 – Benefit District 5.

            ADDENDUM NO. 1

            COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)

            Procurement Services

            Request for approval and authorization to waive formal bid requirements and accept written quotations from vendors and award Emergency One, in Ocala, for a 95 foot aerial platform apparatus, utilizing the existing two ladder trucks for trade in value, for the Department of Public Safety; and approval of related budget transfer, in the amount of $124,000.00.

            COMMUNITY SERVICES

            CHANGE IN OPENING HOURS FOR ASTOR, EAST LAKE, AND CITRUS RIDGE

            COUNTY LIBRARIES

            Ms. Wendy Breeden, Library Services Director, addressed the Board stating that three of the County’s libraries have requested approval to respond to community needs, by increasing their hours, which she noted will not have a budget impact, other than the cost of the electricity that will be used by staying open the extra few hours.  She stated that, in the communities of Astor, Citrus Ridge, and Sorrento, they would like to open earlier in the morning, changing their hours from 10:00 a.m. to 9:00 a.m., however, noted that they will be cutting back slightly on two evenings of the week, because they are not usually busy on those two evenings.  She stated that the Citrus Ridge Library would like to add an additional one-half hour each morning to their time, noting that every day that staff arrives, people are waiting to get in.  She stated that the library in Sorrento is used more heavily at night, so it would like to stay open on Tuesday evenings until 9:00 p.m.  She noted that staff will send out press releases, informing the general public about the change in hours.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of additional opening hours for the Astor County Library, the East Lake County Library, and the Citrus Ridge County Library, to become effective Tuesday, October 11, 2005.

            PERSONAL APPEARANCES

            EMPLOYEE AWARDS

            Presentation of Award to Employees with Five Years of Service

            Marcia S. Rushing, Senior Library Assistant, Community Services/Library Services/Marion Baysinger (Not Present)

            James R. Copenhaver, Chief Mechanical/Plumbing Inspector, Growth Management/Building Services

            PUBLIC HEARING

            ORDINANCE CHANGING NAME OF LAKE COUNTY CITIZENS’

            COMMISSION FOR CHILDREN TO LAKE COUNTY CHILDREN’S SERVICES

            COUNCIL

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

            COUNTY, FLORIDA; AMENDING DIVISION 8, CHAPTER 2, LAKE COUNTY

            CODE, ENTITLED LAKE COUNTY CITIZENS’ COMMISSION FOR CHILDREN;

            CHANGING THE NAME TO LAKE COUNTY CHILDREN’S SERVICES

            COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION

            IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

            There being no one present who wished to address the Board, the Chairman closed the public hearing.

            A motion was made by Commr. Stivender and seconded by Commr. Hanson to approve Ordinance No. 2005-87, changing the Name of the Lake County Citizens' Commission for Children to the Lake County Children's Services Council, as presented.

            Under discussion, Commr. Cadwell stated that there has been quite a change in the Citizens’ Commission for Children, since it was originally started.  He stated that it has come a long way and has done a great job.  He noted that, in the beginning, when it was not politically popular, Commr. Hanson was one of the people out there fighting for it.

            Commr. Hanson stated that one of the big concerns was that the County was not the one providing the services, but was an umbrella helping those entities that did provide the services with funding.  She thanked those Commissioners who have served as Board Liaisons on said Commission. 

            The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

            OTHER BUSINESS

            REVISED BCC POLICY ENTITLED APPRECIATION OF SERVICE TO

            OUTGOING MEMBERS OF BOARDS/COMMITTEES APPOINTED BY BOARD

            OF COUNTY COMMISSIONERS

            Ms. Cindy Hall, County Manager, informed the Board that staff is asking for revision to Board of County Commissioners’ Policy LCC-15, pertaining to the appreciation of service to outgoing members of Boards and Committees.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Revised BCC Policy LCC-15, entitled Appreciation of Service to Outgoing Members of Boards/Committees Appointed by the Board of County Commissioners, as presented.

            APPOINTMENTS TO PUBLIC LAND ACQUISITION ADVISORY COUNCIL

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Public Land Acquisition Advisory Council, as follows:

            Technical Knowledge in Archaeology

            Joseph Branham

            Technical Knowledge in Recreation

            Carol Johnson

            Familiar with Lake County Geography and Culture

            Jack McDonald

            The Board recognized Mr. David Hansen, the Public Lands Program Manager, who was present in the audience, noting that he would be heading up the Public Land Acquisition Advisory Council, and they feel he will do a great job in that position.

            APPOINTMENT TO PARKS AND RECREATION ADVISORY BOARD

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Mr. David Clutts to the vacant District 3 position on the Parks and Recreation Advisory Board, to complete an unexpired term ending May 20, 2007.

            APPOINTMENTS TO CULTURAL AFFAIRS COUNCIL

            Commr. Stivender informed the Board that she would like to postpone the appointment of individuals to vacant positions on the Cultural Affairs Council until a later date, noting that said Council will be holding their annual meeting this date, and she has a meeting scheduled next week with Ms. Cindy Hall, County Manager; Mr. Sandy Minkoff, County Attorney; and Mr. Greg Mihalic, Economic Development and Tourism Director, for the purpose of discussing the Council, so she would rather not appoint any individuals to it before said meeting is held.

            It was the consensus of the Board to postpone the appointment of individuals to vacant positions on the Cultural Affairs Council until a later date, as requested.

            REPORTS – COUNTY ATTORNEY

            COUNTY OWNED PROPERTY DECLARED AS SURPLUS

            Mr. Sandy Minkoff, County Attorney, stated that this request pertained to the disposal of all the properties that are not currently being used by the various departments.  He asked Ms. Quinnette Durkin, Property Manager, County Attorney’s Office, to explain what his office is doing with the different categories of properties.

            Ms. Durkin addressed the Board stating that the County Attorney’s Office has asked for thirteen parcels to be declared surplus and be available for disposal.  She stated that staff looked at the parcels and spoke with department heads, to see if there was any use by the departments for said parcels, as well as the municipalities, and has determined that they are no longer needed by the County.  She stated that the parcels have been grouped into categories, as follows:

The following four properties are of interest to Homes in Partnership and Habitat for Humanity as affordable home sites.  It is recommended that Alternate Key Nos. 1811422 and 1430330 be offered to Homes in Partnership and that Alternate Key Nos. 1241642 and 1705487 be offered to Habitat for Humanity:

 

Alternate Key No. 1811422 is located at 11408 Marlette Avenue, in Leesburg.  The site is zoned as R-6, is in the Urban Expansion land use category, and meets the requirements for a lot of record.  There is an abandoned home on the property.  The Property Appraiser shows a value of $15,920.00.  The County took title in 2004 through a Code Enforcement foreclosure.

 

Alternate Key No. 1430330 is a 130 x 125 foot lot in Forty Eight Estates Subdivision, in the Bassville Park area.  The site is zoned R-6, is in the Urban Expansion land use category, and does not require a lot of record.  The Property Appraiser has assessed the just value to be $12,090.00. A small portion of the property is in the 100 year flood zone.

 

Alternate Key No. 1241642 is a 100 x 124 foot parcel with thick underbrush, located at 8719 Guava Street, in Yalaha.  The lot is zoned Agricultural, is in the Urban Expansion land use category, and does not require a lot of record.  The Property Appraiser shows a value of $9,300.00.  The County acquired this property through a Code Enforcement foreclosure.

Alternate Key No. 1705487 is a 100 x 288 foot vacant lot, located at 38922 Merrell Avenue, in Umatilla.  The site is zoned R-6, is in the Urban land use category, and does not require a lot of record.  The Property Appraiser has assessed the value of the lot at $12,800.00.

 

It is recommended that the following two properties be offered for sale first to an adjacent property owner and then to the general public, if not purchased by an adjacent property owner:

 

Alternate Key No. 1370167 is a 40 x 100 foot parcel located in the Ocala Forest Campsites.  The parcel is zoned Agricultural, is in the Rural land use category, and does not meet the requirements for a lot of record.  The Property Appraiser has valued this property at $3,320.00.

 

Alternate Key No. 1538181 is a 75 x 185 foot lot located in the Pine Lakes area.  This parcel is zoned Agricultural, is in the Wekiva River Protection Area, Sending Area A-1-40, and does not meet the requirements for a lot of record.  The back portion of the lot is located in the 100 year flood zone.  The Property Appraiser has valued this property at $8,100.00.

 

It is recommended that the following four properties be offered for sale to the general public:

 

Alternate Key No. 1498945 is a lot that measures 105 x 180 feet and is located in the Twin Lakes Subdivision, in the Bassville Park area, and has a just value of $4,494.00.  The lot is zoned R-6, is in the Urban Expansion land use category, and meets the requirements for a lot of record.  The property was acquired through a Code Enforcement foreclosure in July of 1999.

 

Alternate Key No. 1597901 is a vacant half-acre lot with a just value of $1,000.00, located north of Niles Street, in Mount Plymouth.  It is less than a half mile from Heathrow Estates.  This property is zoned Agricultural, is in the UCN Wekiva land use category, and meets the requirements for a lot of record.

 

Alternate Key No. 1337810 is a lot that measures 100 x 107 feet, is located in Lake Kathryn Heights, and has a just value of $4,500.00.  This property is zoned R-7, is in the Rural Village land use category, and is a lot of record (94L-80).  The property was acquired through a Code Enforcement foreclosure in August of this year.

 

Alternate Key No. 3324943 is a 137 x 425 foot parcel that is almost entirely in the 100 year flood zone.  There are wetland restrictions and a conservation easement on the property.  The property is zoned R-6, is in the Urban Expansion land use category, and may be a buildable lot.  It is a lake front lot, with a herbaceous wetland on the property.  The Property Appraiser has assessed the value of the lot at $19,454.00.  The County acquired this property through a Code Enforcement foreclosure.

 

It is recommended that a minimum bid be set by our on call appraiser for the following two properties and then offered for sale:

 

Alternate Key No. 1201586 is the former County storage facility, located at 582 Umatilla Boulevard, in Umatilla.  It is a 7,400 square foot concrete block structure.  The parcel dimensions are 150 x 100 feet.  The property was appraised at $223,000.00 in January of 2003.

 

Alternate Key No. 1384257 is the Maintenance Barn located at the SE corner of SR 50 and American Legion Road, in Mascotte.  The property is located on approximately one acre.  The Property Appraiser lists the value of the building as $33,875.00 and the just value of the land at $5,000.00, for a total just value of $38,875.00.

 

The following property is a very small parcel located entirely within the City of Eustis.  It is recommended that the property be donated to the City of Eustis:

 

Alternate Key No. 1245168 is a 15 x 147 foot lot in Taylor’s Subdivision, that the County took title to in 1947, due to non-payment of taxes.  The parcel is located in the City of Eustis, in the 1500 Block of Bates Avenue.  The Property Appraiser shows a just value of $297.00.   

            Commr. Stivender questioned whether the four lots that were being recommended to be offered for sale to the general public were buildable lots that would not cause the purchasers any problems, when they have to go before the Growth Management Department, and was informed that they were buildable lots.

            Commr. Cadwell questioned why, if said lots were buildable, they were not offered to Affordable Housing by Lake and was informed that it was due to the location of said lots.  He stated that, as the County goes through this process, any lots that Affordable Housing by Lake can utilize should be the County’s first focus, noting that, despite what the homebuilders say, the cost of impact fees has very little to do with the affordable housing crisis, it is the cost of the land.  He stated that there has been some discussion with Affordable Housing by Lake, as to how some of the lots that may not fall into the criteria for use by Habitat for Humanity, but are still buildable, could be land banked for use by Affordable Housing by Lake.

            It was the consensus of the Board to hold the following parcels until Commr. Cadwell has had a chance to meet with the County Attorney and his staff, with regard to them possibly being used by Affordable Housing by Lake:

            Alternate Key No. 1498945

            Alternate Key No. 1597901

            Alternate Key No. 1337810

            Alternate Key No. 3324943

            Commr. Pool questioned why the two properties located in Umatilla and Mascotte had such large differences in their dollar values.

            Mr. Sandy Minkoff, County Attorney, stated that staff does not know if the $223,000.00 appraisal that is listed for the property in Umatilla is correct or not, in that the building is in very poor shape, and they know that the one in Mascotte is not a valid number, so they would like to have the appraiser that now works for the County go out and look at both properties and tell them what the minimum bid should be, noting that staff would like to get a fair market value for the property.  He stated that they did not want to sell the property for $20,000.00 and, if the County sells it without a minimum bid, whoever bids anything will get it.  He stated that staff meets with all the cities and Affordable Housing on such parcels, because their first priority is to leave said parcels for public use, if at all possible.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to declare the following County owned property as surplus, for the purpose of disposal:

            Alternate Key No. 1811422

            Alternate Key No. 1430330

            Alternate Key No. 1241642

            Alternate Key No. 1705487

            Alternate Key No. 1370167

            Alternate Key No. 1538181

            Alternate Key No. 1201586

            Alternate Key No. 1384257

            Alternate Key No. 1245168

            ADDENDUM NO. 1 (CONT’D.)

REPORTS – COUNTY ATTORNEY

CONSERV II PROPERTY

Mr. Sandy Minkoff, County Attorney, informed the Board that he had reported to them at the last Board Meeting that staff has been unsuccessful in negotiating with Orange County and the City of Orlando, regarding the possible purchase of the Conserv II property.  He stated that they are still willing to sell it to Lake County at the appraised value, but have not discussed the County buying it over time, or buying a portion of it, with an option to buy the remainder at a later date.  He stated that staff has looked at the property and there are different uses for it – everything from roads to parks to possible school sites, so the costs could be divided up in several ways.  He stated that staff needs some direction from the Board, as to how they would like for staff to proceed with the matter.

Commr. Pool questioned whether there was a way for the County to get involved with the community leaders and ask for some opportunity regarding the property.  He stated that he does not feel what they are asking for it is a fair market value and he struggles with paying it, when the County is trying to make the property beneficial to the public, by way of roads, schools, and a park.  He suggested that the Chairman allow the opportunity to have some discussion with those community leaders, before denying it, or just saying “No”.  He stated that $10 million is a lot of money to pay and he would like to see the County try to negotiate a lower figure.

Mr. Minkoff stated that the property is zoned Agricultural at the present time, noting that the property was appraised at its highest and best use, and, from what staff is seeing, in looking at other property acquisitions in south Lake County, the appraisals are a fair price for the property.  He stated that, in terms of dealing with the community leaders, Orange County and the City of Orlando own the property jointly, so it would be a three party discussion.

Commr. Hill stated that she feels either she, or Commr. Pool, the District Commissioner, needs to have a discussion with the community leaders about the matter.

Commr. Cadwell stated that he had an opportunity to visit with Commr. Teresa Jacobs, one of the Orange County Commissioners, and informed her about the problem that the County is having on a staff level and was informed that she would be willing to sit down and talk to whoever would like to meet with her.  He stated that she has some concerns and interest about some things that they need on that side, in Orange County, that they do not have the property for, so they discussed the possibility for some joint use opportunities.

Commr. Pool stated that he had a similar conversation with her, as well, and that she is willing to listen and work with Lake County, so he is hoping that they can find that middle ground.

It was the consensus of the Board that Commr. Pool meet with the community leaders, on behalf of the Board, to discuss the property and try to negotiate a lower purchase price, based on the need and the utilization of the land.

Mr. Minkoff interjected that the County has worked with the Lake County School Board, at the staff level, and they have indicated that the Conserv II site would be suitable for one or more schools, but, in terms of the acquisition of said property, feels that the County would probably want to acquire the property and then work with the School Board to divide it up.

REPORTS – COUNTY ATTORNEY

LEASE OF BUILDING IN SOUTH LAKE COUNTY FOR USE BY LAKE COUNTY

HEALTH DEPARTMENT

            Mr. Sandy Minkoff, County Attorney, stated that the County has discussed the issue of leasing property from Dr. John Adkins, who is constructing a building in south Lake County, near South Lake Hospital, for possible use by the Lake County Health Department.  He stated that staff has been going back and forth, at the level of the Health Department, Community Services, and his office and have had some problems.  He stated that a couple of things have occurred, one being that parking at the facility is somewhat limited, in that there will only be 40 parking spaces and he and the County Manager, Ms. Cindy Hall, feel that it is probably not going to be enough for what the Health Department needs and, secondly, in terms of modification of the building, the Health Department has determined that they will need to have an elevator in the building, because of it having a second story, so the modification costs of the building is going to be significantly higher than originally anticipated and the landlord is not willing to pay any of those costs.  He stated that, on the economic side of the issue, originally, the landlord indicated that he would credit the County with 100% of the payments that would be made for this option, while the County spent the money to look at the building, but has not changed that and is only willing to credit the County with half of the payments.  He stated that, in looking at the cost of the building, he and Ms. Hall have come to the conclusion that their recommendation would be to pass on this building.  He stated that the County has not done an advertisement yet for someone to build the County a “build to suit” building, and the County is getting pressured by Dr. Adkins to make a decision about his building.  He stated that their recommendation would be for the County to step back, do an RFP (Request for Proposal), to see if the County can find someone that will build a “build to suit” building of the same size as the one in question and rent it to the County for a ten year period, with an option to buy.

            A motion was made by Commr. Pool and seconded by Commr. Stivender that the Board approve a request from the County Attorney to not lease a building that is being constructed in south Lake County, near the South Lake Hospital, for possible use by the Lake County Health Department, as originally planned, but to send out an RFP (Request for Proposal), to see if the County can find someone that will construct a building of like size that is suitable for the Health Department and rent it to the County for a ten year period, with an option to buy.

Under discussion, Commr. Hanson stated that, if the building could be constructed near the hospital, or even on the hospital grounds, it would be great and would make a lot of sense and she would like to see the County look at that possibility.  She stated that the building could even be owned by the hospital, at which time Mr. Minkoff stated that the hospital could submit a proposal to the County, in terms of a lease.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

REPORTS – COMMISSIONER CADWELL – DISTRICT 5

LEGISLATIVE POLICY MEETING

Commr. Cadwell reminded the Board that he would be attending the Legislative policy meeting in Nassau County from Wednesday, October 5, through Friday, October 7, 2005.

Commr. Hanson noted that she would be attending said meeting, as well.

REPORTS – COMMISSIONER POOL – DISTRICT 2

WEST ORANGE/SOUTH LAKE TRANSPORTATION TASK FORCE MEETING

Commr. Pool stated that the West Orange/South Lake Transportation Task Force Meeting, scheduled to be held October 6, 2005, at Ocoee City Hall, has been postponed until a later date.

REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1

PRESENTATION REGARDING CONCURRENCY AT LAKE RECEPTIONS

AND GROWTH MANAGEMENT MEETING IN MAITLAND

Commr. Hill reminded the Board about the meeting scheduled to be held at Lake Receptions on Monday, October 10, 2005, with the cities and the Lake County School Board, for the purpose of hearing a presentation from the Department of Community Affairs (DCA), regarding the issue of concurrency.  She noted that she and Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, would be attending a meeting in Maitland, on Thursday, October 6, 2005, regarding the issue of growth management, as well.

REPORTS – COMMISSIONER HANSON – DISTRICT 4

UNITED WAY MONTH IN LAKE COUNTY PROCLAMATION

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2005-160, proclaiming October 1 through 31, 2005, as United Way Month in Lake County.

REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

BREAST CANCER AWARENESS MONTH IN LAKE COUNTY PROCLAMATION

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2005-161, proclaiming October, 2005, as Breast Cancer Awareness Month in Lake County.

REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

FLORIDA 4-H WEEK IN LAKE COUNTY PROCLAMATION

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2005-162, proclaiming October 2 through 8, 2005, as Florida 4-H Week in Lake County.

            CITIZEN QUESTION AND COMMENT PERIOD

            Ms. Tammy Phelps, a member of VOICE (Voters Organization Involved in Children’s Education), addressed the Board stating that she was speaking as a parent and not as a member of VOICE.  She stated that, regarding the Lowndes property rezoning case that was discussed at a Special Board Meeting that was held in Minneola on Monday, September 19, 2005, she feels there was no solution for the children in south Lake County, which was very disappointing for the children in that area and for the Lake County School System.  She stated that their schools are still overcrowded and the Board is aware of it.  She stated that the School Board indicated at their meeting held on Monday, October 3, 2005, that they are working on a solution to the problem and are going to look at some legal options, as well.  She stated that the residents in south Lake County need the Board’s help, noting that the growth in that area of the County is phenomenal.  She stated that the County is not going to dig itself out of this hole any time soon – it is going to be a long time and the only people getting hurt from it are the children and the teachers that work in the schools. She stated that the residents in south Lake County need some solutions for their area and are hoping that the Board of County Commissioners will work with the School Board to find those solutions.   She stated that Windy Hill Elementary School, which her daughter attends, is going to be on double sessions this year and questioned how long the double sessions are going to last and what is next, when double sessions are not enough for the children in south Lake County.

            Commr. Stivender informed Ms. Phelps that the Board would be meeting with the Department of Community Affairs on Monday, October 10, 2005, at Lake Receptions, in Eustis, and encouraged her to attend the meeting.

            Ms. Phelps stated that she had personally written a letter to the Department of Community Affairs, on behalf of VOICE, in June of this year, which she forwarded to the Board, noting that she was very proud to be part of the County’s advocating for a grant for the pilot community.  She stated that she was very pleased that Lake County was selected to be a leader in doing that.  She stated that VOICE wants to help in that area, but the Board needs to realize the crisis that south Lake County is in.  She noted that she would not be able to attend the meeting alluded to by Commr. Stivender, but assured the Board that someone representing VOICE would be present at said meeting.

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:45 a.m.

__________________________

JENNIFER HILL, CHAIRMAN

ATTEST:

 

__________________________

JAMES C. WATKINS, CLERK