A REGULAR MEETING OF THE BOARD OF
COUNTY COMMISSIONERS
OCTOBER
11, 2005
The
Lake County Board of County Commissioners met in regular session on Tuesday,
October 11, 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; and Robert A. Pool. Commr. Debbie Stivender was not present due
to illness. 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.
Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of
Allegiance.
RECOGNITION
The
Chairman recognized Mr. Jim Myers, City Clerk, City of Eustis, who was present
in the audience.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1
to the Agenda, containing a request from Employee Services for approval of a
property damage settlement.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved the following requests:
Community
Services
Request for approval to accept the
Drug Free Communities grant, in the amount of $45,000.00, awarded by The
Governor's Office of Drug Control to the Lake County Board of County
Commissioners, to hire a full-time, limited term position; and approval of
related budget Resolution No. 2005-163, for a Teen Drug Court.
Employee
Services
Request
for approval of an offer to settle George Barlow’s claim for property damage,
subject to the County Attorney’s review and approval.
Request
for approval to advertise changes to the positions designated by Lake County,
for inclusion in the Florida Retirement System (FRS) Senior Management Service
Class.
Growth Management
Request
for approval to advertise proposed Ordinance amending Section 14.11.00, Minor
Lot Splits, Family Density Exception, and Agricultural Lot Splits.
Procurement
Services
Request
for approval to award and execute
the contract with Robuck, Davis, Kirste & Sahab, P.A., for on-call title
search and closing agent services.
ADDENDUM
NO. 1
COUNTY
MANAGER’S CONSENT AGENDA (CONT’D.)
Employee
Services
Request
for approval of an offer to settle Dan Tuttle’s claim for property damage,
subject to the County Attorney’s review and approval.
PUBLIC HEARING
EDUCATIONAL
LABORATORY SAFETY OUTREACH PROGRAM
Ms.
Blanche Hardy, Environmental Services Director, addressed the Board and
introduced Ms. Debbie Fore, Special Programs, Environmental Services, stating
that the County has a very active Educational Laboratory Safety Outreach
Program, as well as a radio program that is aired twice per month. She stated that many, many hours are spent
with the students around the County, with regard to the Outreach Program, to
help the educators and students maintain safe laboratory practices for their
regulated materials.
Ms.
Fore addressed the Board stating that this program was actually developed in
King County, Washington, noting that their laboratories had not been inspected
in 12 years, so a lot of problems existed.
She stated that the program, known as the L.E.O. Program, is a
compliance assistance only program, noting that the County does not dispose of
anything for the schools - the School Board already has contractors on board
who do that. She stated that the County
will only help the school laboratories, by giving them assistance, noting that,
when one gets so used to doing things, after a while, they sometimes overlook
things. She stated that the County is
going to partner with the Department of Environmental Protection (DEP) and back
them up, noting that their main goal is safety.
She stated that Lake County is participating in a pilot program with DEP
- one out of only four counties in the State that is doing so. She stated that there are nine (9) middle
schools and seven (7) high schools that are participating in this program,
along with both campuses of one college, and the County’s vocational technical
center. She stated that they will
eventually go into the private schools, but are working with the public schools
first. She then gave a slide
presentation about the program and answered questions from the Board regarding
same.
Ms.
Hardy informed the Board that Ms. Fore conducted the laboratory safety check at
no cost to the County, other than what was budgeted last fiscal year. She stated that Ms. Fore has done a terrific
job with the Educational Laboratory Safety Outreach Program and she was pleased
to have her present it to the Board, to show them the type of work that is
being done by the County.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
REVISED
BCC POLICY REGARDING USE OF BOARD CHAMBERS AND
TRAINING
ROOM
Ms.
Cindy Hall, County Manager, stated that this request pertains to the revised
policy regarding use of the Board Chambers and the Training Room (Room 233), in
the Administration Building, noting that it sets up a reservation process that
combines use of the Training Room and the Chambers into one policy, rather than
having two policies. She stated that
staff has set the fees for use of said rooms for after hours use through the
Fees Resolution, which comes out on an annual basis, so they will not need to
do it through the actual policy. She
stated that the only other change in the policy is that the County’s Facilities
Management and Development Department is requesting a 48 hour notification for
anyone who needs assistance with the equipment in either of the two rooms.
On
a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved revised
BCC Policy LCC-31, regarding use of the Board Chambers and the Training Room
(Room 233), in the Administration Building.
Commr. Cadwell questioned whether
the agreement that the County has with the School Board, regarding use of the
Board Chambers, was separate from this policy.
It was noted that staff would check into the
matter.
REPORTS – COUNTY ATTORNEY
DONATION OF BLAND PROPERTY FOR
FIRE STATION
Mr. Sandy Minkoff, County Attorney,
stated that the Board had before them a request to accept a donation of
property from Mr. William Bland, Jr., Blandford Groves, which is located on CR
448. He stated that the County had
started an eminent domain process for property located at the intersection of
Shirley Shores and CR 448; however, Mr. Bland owned some property located
approximately one mile to the east of said property, which he offered to the
County, in place of the original parcel, not wanting to have part of his ranch
taken. He stated that the County had the
property that was being offered by Mr. Bland evaluated by the Fire Department
and the Facilities Management and Development Department, as to its adequacy
for a fire station site, and had surveys and environmental work done as well,
and it appears to be acceptable as a site for a fire station. He stated that Mr. Bland is willing to donate
the property to the County, with the County paying costs that he has
accumulated, being attorney fees, in the amount of $8,010.00, and appraisal
fees, in the amount of approximately $5,000.00, for a total of approximately
$13,000.00, and that the County send him a letter stating that, for the most
part, it does not plan to take any additional property from him in the near
future. He stated that it is a very
generous donation by Mr. Bland and staff was recommending approval of the
request.
On
a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by
a 4-0 vote, the Board approved a request
from the County Attorney for approval to accept a donation of property
on CR 448, for a fire station; approval to pay attorney fees; approval to pay
appraisal fees; approval of a letter to Mr. William T. Bland, Jr., stating that
the County does not plan to take any additional property from him in the near
future; and approval to execute all closing documents.
REPORTS
– COMMISSIONER CADWELL – DISTRICT 5
GROWTH
MANAGEMENT POLICY GROUP FOR FLORIDA ASSOCIATION
OF
COUNTIES
Commr. Cadwell thanked Commr. Hanson for serving
as Vice Chairman of the Florida Association of Counties’ (FAC) Growth,
Environmental Planning, and Agriculture Policy Committee. He stated that they held their meeting this
week and started the process, which they will finalize the end of November or
first of December in Martin County. He
noted that Mr. Gregg Welstead, Deputy County Manager/Growth Management
Director, and Ms. Wendy Breeden, Library Services Director, attended the
meeting, as well, which he appreciated.
He noted that it was a very productive meeting.
Commr. Hanson concurred, noting that
she learned about some things that she knew a little bit about, but now knows a
lot more about. She stated that Commr.
Cadwell has done an outstanding job and continues to do an outstanding job as
President of the Florida Association of Counties. She stated that Lake County is part of the
process more than it has probably ever been.
REPORTS – COMMISSIONER POOL –
DISTRICT 2
BOND ISSUE REGARDING COUNTY
ACQUIRING GREEN SPACE
Commr. Pool commented about the bond
issue that the County has discussed for acquiring green space, noting that land
values are going up throughout Lake County and interest rates are creeping up,
as well. He stated that there are different
ways to look at this issue and he feels the Board needs to have a worksession,
or an opportunity to discuss whether the County wants to try to do it all at
one time, or do it on a piece meal approach.
He stated that it has been discussed by many people on both sides of the
issue, at which time he stated that he feels the more land the County can
acquire the sooner, the better it will be, which might mean bonding the entire
issue and seeing if there are people in the County that are willing to sell
their land, noting that it has to be agreeable on both fronts. He stated that he feels the Board needs to
bring the matter forward and try to act on it sooner than later.
Commr. Hanson stated that she
appreciated Commr. Pool bringing this issue up, noting that, obviously, the
price of land is going to go up and, in some cases, is already up. She stated that she feels it is also
important that the County have a strategy in place, before it starts just
buying parcels of land. She stated that
she feels it is important to look at connectivity of all the lands that the
County purchases, whether it is through trails, wildlife corridors, etc. – they
all need to fit into a bigger plan for the County. She stated that there could be opportunities
for the County to buy all the abandoned rails in the County and then buy
properties that somehow fit in with them, which is kind of where the County is
currently going.
Commr. Pool stated that he was
suggesting that the County hold a workshop and spend time looking at the County
and reviewing the options and then go forward.
Commr. Cadwell interjected that, if
Commr. Pool was suggesting that a financial workshop be held, it would be
alright, but the County has set up a system for the land purchases and has told
the citizens that the County is going to have an independent group look at it
and bring it forward to the Board. He
stated that he does not feel the Board needs to step into their realm.
Commr. Pool stated that he was
asking whether the County should prepare and plan for purchasing the land all
at one time, or do it incrementally over a three to five year period.
Commr. Cadwell stated that his only
concern is that the Board can figure out, financially, what is best to do, but,
what the County is doing bond wise now is not going to hold up one piece of
property for one day.
Commr. Pool stated that the key is
to try to get to the bottom of whether the County is going to try to bond the
entire amount at one time and make the acquisitions as many and as large as
possible, or whether the County is going to do it incrementally. He stated that he was trying to find out what
might be the best idea and how the County should structure it, as it goes
forward.
Commr. Hill stated that she felt the
Public Lands Acquisition Advisory Council (PLAAC) was going to make that
determination.
Commr. Pool stated that the general
public needs to know that PLAAC is meeting and that it is a process, noting
that people have questioned him about why the County is not going forward. He stated that he was trying to bring to the
forefront how it is going and how the County plans to tackle the problem.
Ms. Cindy Hall, County Manager,
informed the Board that staff has been in close contact with the County’s
financial advisor and bond counsel and will be meeting with them soon, within
the next couple of weeks. She stated
that they will be holding a pre-organizational meeting, to get everyone
together at the table who will be participating in not only this bond issue,
but an upcoming bond issue for the County’s facilities, noting that the County
will probably be issuing those bonds in the Summer of 2006. She stated that the structure of how the bond
issue will take place is largely dependent upon what the Board’s desire is for
purchasing land. She stated that, if the
Board desires to purchase land rapidly, in fairly large quantities, then it
would be prudent to issue all the bonds at one time, but, if more of a
sequential purchase of land is going to take place over a longer period of
time, it might be prudent to divvy up the bond issues in two or three
segments. She stated that these are all
things that staff will be discussing with the County’s advisors and they will
be glad to bring any information back to the Board that the Board desires.
Commr. Hanson stated that, at that
time, the Board might want Mr. David Hansen, Public Lands Program Manager, to make a presentation to the Board as to where the Public Lands
Acquisition Advisory Council, which he chairs, currently is and where they are going. She stated that they have been working very
diligently to get that plan together, but it is important not to buy land,
without a plan.
Commr. Cadwell stated that he feels
Mr. Hansen has a clear understanding of the Board’s wishes for the connectivity
that Commr. Hanson alluded to, noting that an acre here and an acre there does
not do anything for the County and he feels that PLAAC understands that too.
Commr. Hanson stated that she did
feel it was time for staff to bring a report back to the Board regarding the
matter.
REPORTS – COMMISSIONER HANSON –
DISTRICT 4
SEPTIC TANK STUDY FOR WEKIVA AREA
Commr. Hanson stated that she would
like to place on the Agenda the issue of a septic tank study for the Wekiva
area. She stated that Ms. Blanche Hardy,
Environmental Services Director, had sent the Board a memorandum about the
matter, noting that she had prepared a summary regarding it, for the Board’s
perusal. She stated that the request was
to ask the Florida Department of Health to do an evaluation analysis and study
in Lake County, in the Wekiva area. She
stated that the goal is to improve the quality of water at Wekiva Springs and
in the Wekiva River and what the County is recommending will do that. She stated that the County needs the
benchmark and needs to be able to tell whether whatever is required to be done
will actually be effective. She then
made a motion, which was seconded by Commr. Pool, to place said item on the
Agenda.
Under discussion, Commr. Cadwell
asked Commr. Hanson to explain to him
where they are in the rule making process and whether or not it was going to
slow any of it down.
Commr. Hanson stated that she did
not feel it was going to slow the process down, but feels that it will give the
County a lot better handle on why the Florida Department of Health is recommending
what they are to the County. She stated
that it is not at all intended to slow the process down, but to give them the
facts to work with, which they have always said they wanted. She stated that it will be scientifically
based, however, noted that it cannot be scientifically based, if the only data
they have is from Manatee or Monroe counties.
She stated that they need data from Lake County, as well, noting that
there is very, very low density in the Wekiva area. She stated that, if the County is going to
ask its residents to pay up to $15,000.00 plus to remove their septic tanks and
put in alternative septic tanks, plus maintenance costs, the County needs to
make sure that it is warranted and is going to make a difference, noting that
she has no problem doing it, if it is going to make a difference.
Commr. Cadwell questioned whether an
inventory has been done as to how many septic tanks are actually in the Wekiva
area, at which time it was noted that there are approximately 19,000 septic
tanks in Lake County, approximately 50,000 in Orange County, and approximately
13,000 in Seminole County.
Commr. Hanson interjected that most
of the septic tanks on the Lake County side are in Eustis, Mt. Dora, Mt.
Plymouth and Sorrento.
The Chairman called for a vote on
the motion to put this item on the Agenda, which was carried unanimously, by a
4-0 vote.
A motion was then made by Commr.
Hanson and seconded by Commr. Pool to authorize the Chairman, Commr. Hill, to
write a letter to the Florida Department of Health, requesting that a study be
conducted in the Lake County Wekiva Study Area, with regard to septic tanks.
Under discussion, Commr. Cadwell
suggested that the Chairman mention in the letter the fact that the County does
not in any way want to slow the process down, noting that that is what the
perception is. He stated that, anymore,
anytime anybody questions anything about the Wekiva, they are trying to slow
the process down.
Commr. Hanson stated that the County
is not looking at slowing it down, but at having all the facts, which she feels
they need, before they can truly make a decision.
The Chairman called for a vote on
the motion, which was carried unanimously, by a 4-0 vote.
REPORTS – COMMISSIONER HILL – CHAIRMAN
AND DISTRICT 1
PRESENTATION FROM DEPARTMENT OF
COMMUNITY AFFAIRS
REGARDING ISSUE OF CONCURRENCY
Commr. Hill stated that she
appreciated everyone attending the meeting that was held on Monday, October 10,
2005, at Lake Receptions, regarding concurrency, noting that she felt it was a
very informative meeting, but that it was a lot to digest. She suggested that everyone come to the next
workshop ready to work, because that is what it is going to be – a workshop. She stated that the next meeting is scheduled
to be held on Friday, October 28, 2005, at 1:00 p.m., however, noted that the
location for said meeting has not yet been decided.
REPORTS – COMMISSIONER HILL –
CHAIRMAN AND DISTRICT 1
SCHEDULING OF FUTURE BOARD
MEETINGS
Commr. Hanson suggested that the
County Manager, Ms. Cindy Hall, not schedule meetings for the second Tuesday of
each month in the future, due to the cost of setting up the meetings and
staff’s involvement, unless there is something really heavy that needs to be
addressed by the Board.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 9:35 a.m.
__________________________
JENNIFER
HILL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK