A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY
10, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, January 10, 2006, 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 Catherine C. Hanson, Chairman; Welton
G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool.
Others present were Sanford A. “Sandy” Minkoff, County Attorney; Melanie Marsh,
Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive
Office Manager, Board of County Commissioners’ Office; and Judy Whaley, Deputy
Clerk.
INVOCATION
AND PLEDGE
Commr.
Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Hall stated that Tab 27 (a presentation) and Tab 32 (a public hearing that was
advertised for January 17) will be rescheduled for January 17, 2006.
Commr.
Hill requested to add an item under her reports. It is a request from State
Representative Alan Hays for a resolution in support of a road naming bill.
On
a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a
vote of 5-0, the Board added said item to the agenda.
MINUTES
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved the Minutes of November 15, 2005, Regular
Meeting, as presented.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the Minutes of November 18, 2005, Special
Joint Meeting, as presented.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Items
1 through 10, as follows:
List of Checks
or Warrants
Request to acknowledge receipt of list of checks or warrants paid prior
to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which
shall be incorporated into the Minutes as attached Exhibit A and filed in the
Board Support Division of the Clerk's Office.
Contractor Bonds
Request for approval of Contractor Bonds as follows:
New
4366-06 James
A. Quarles Residential Contractor, Inc.
5937-05 Ronald
M. Newberg dba Newberg Irrigation, Inc.
6000-06 Joseph
D. Fannin, Jr., dba Southern Pride Services, Inc.
6197-06 Robert
M. Gooden dba Integrity Elec Cont of FL, Inc.
6442-06 Kevin
T. Kuckleburg dba Precision Plumbing of Ocala, Inc.
6443-06 Advanced
Sprinkler Systems of Central Florida, Inc.
6444-06 Jimco
Electrical
6445-06 Darrell
Carter dba Electrico, Inc.
6446-06 Charles
E. Edgell, as principal, of Land Management Group, Inc.
6447-06 Bryson
of Brevard, Inc. dba Kendal Signs
6448-06 Armando
R. Ramos dba Egize Electric, Inc.
Cancellations
4834-05 Melvin
B. Benn and Melvin Benn Masonry, Inc.
5481-05 Kenneth
Vining dba Vining & Sons, Inc.
6024-05 James
Richardson dba Azalea Oaks, Inc.
6121-04 Newcomb
Electric, Inc.
Riders
6104-04 From:
Plumbing Angels To: Plumbing Angels, Inc.
6447-06 Principal’s
Name Changed From: Kendal Mullen dba Bryson of Brevard,
Inc., dba Kendal Mullen, dba Bryson of Brevard, Inc.
dba Kendal Signs
To: Kendal Mullen dba Bryson of Brevard, Inc. dba
Kendal Signs dba
Kendal Mullen dba Bryson of Brevard, Inc. dba Kendal
Signs
Monthly Distribution of Revenue,
Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution
of Revenue, Traffic/Criminal Cases, for the Month Ending November 30, 2005.
Disbursement due to Board: $145,405.58. Same period, last year - $102,084.19.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of Unclaimed Excess
Proceeds for Tax Deeds totaling $4,834.55. Transfer funds from Clerk's account
to the Board of County Commissioners' account.
Department of Community Affairs
Request to acknowledge receipt from the Department of
Community Affairs a copy of a letter to Jonathan T. Johnson, Hopping Green
& Sams, P.A., regarding Arlington Ridge Community Development District
established by City of Leesburg Ordinance Number 03-94.
City of Clermont - Ordinance 538-M
Request to acknowledge receipt from the City of
Clermont a copy of Ordinance 538-M which annexes a vacant parcel of land into
the city limits, as described, and adopted by the Clermont City Council on
November 22, 2005.
City of Fruitland Park - Resolution 2005-019
Request to acknowledge receipt from City of Fruitland
Park, Florida, Resolution 2005-019, closing and vacating Harris Street (Oak
Forest Subdivision). Passed and resolved the 10th day of November 2005, by the
City Commission of the City of Fruitland Park, Florida.
Brendenwood Water System, Inc.
Request to acknowledge receipt from Brendenwood Water
System, Inc., PSC Number WU020, a Class C water utility located in Grand
Island, Florida, (Lake County) notice of application to the Florida Public
Service Commission (Re: Docket Number 050880-WU) for a limited alternative rate
increase in conformance with Rule 25-30.457(10), Florida Administrative Code.
Town of Lady Lake - Ordinances
Request to acknowledge receipt from the Town of Lady
Lake: Ordinance Number 2005-47, establishing a Lady Lake Parks and Recreation
Advisory Committee, passed and duly adopted November 3, 2005; Ordinance Number
2005-51, amending the Town of Lady Lake Land Development Regulations (Ordinance
Number 94-08), passed and ordained the 17th day of November 2005; Ordinance
Number 2005-55, amending Ordinance Number 2005-28, establishing a Lady Lake
Beautification Committee, passed and ordained the 3rd day of November 2005.
Florida Public Service Commission
Request to acknowledge receipt from the Florida Public
Service Commission – Notice of Workshop to Investor-Owned Electric Utilities,
Municipal Electric Utilities, Rural Electric Cooperatives, Local Governments,
Experts on Electric System Design and Operations and All Other Interested
Parties, 9:00 a.m., January 23, 2006, Room 148, Betty Easley Conference Center,
4075 Esplanade Way, Tallahassee, Florida
COUNTY
MANAGER’S CONSENT AGENDA
Commr.
Cadwell requested that Tab 18 be pulled for discussion and Commr. Hanson
requested that Tabs 8 and 19 be pulled for discussion.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs
3 through 25, pulling Tabs 8, 18 and 19 for discussion, as follows:
Budget
Request for approval of Resolution 2006-2 to amend the General Fund in order to
receive unanticipated revenue for Fiscal Year 2005-2006 in the amount of
$800.00 deposited into Disaster Volunteer Management Program and provide
appropriations for the disbursement for Travel and Per Diem ($500.00), and
Other Current Charges and Obligations ($300.00). Funds have been awarded from
the Operation Step Up Grant, Disaster Volunteer Management initiative.
Request for approval of Resolution 2006-3 to amend the General Fund in order to
receive unanticipated revenue for Fiscal Year 2005-2006 in the amount of
$61,813.00 deposited into State Alien Assistance Grant and provide
appropriations for the disbursement for Transfer – Jail Op Expenses. Funds have
been received for housing alien inmates during Fiscal Year 2004. The Sheriff
desires to utilize these funds to purchase new radios for the Jail.
Request for approval of very low-income and low-income impact fee waivers as refunds to
lenders on behalf of qualified individuals.
Community Services
Request for approval to pay $5,000,000.00 to the
Lake-Sumter Community College (LSCC) Foundation to be used as match toward the
construction of a joint-use community college/public library on the South Lake
campus of LSCC; authorization for the Chairman to sign the Funding Agreement,
pending County Attorney approval; approval of the associated budget transfer
which utilizes old sales tax funds for this project; approval of the revised
capital projects list; and authorization to negotiate a construction and
operational management agreement.
Request for approval for the Lake County Department of
Community Services, Transportation Disadvantaged staff, to apply to the Florida
Department of Transportation for the Section 5310 Transit Grant Application FY
2006-2007 and approval and signature on supporting Resolution 2006-4.
Request for approval for the Lake County Department of
Community Services, Transportation Disadvantaged staff, to apply to the Florida
Department of Transportation for the Section 5311 Transit Grant Application FY
2006-2007 and approval and signature on supporting Resolution 2006-5.
Employee Services
Request for approval to accept the Updated
Administrative Services Agreement with WEB-TPA the County's current Health
Insurance Third Party Administrator.
Growth Management
Request for approval and execution of Release of Fine
for property owned by Diamond Coast Investments (previously owned by John R.
& Emma Dewey). (Recorded in Official Record Book 02865, Pages 0938 through
0939 of the Public Records of Lake County, Florida, on June 21, 2005.)
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Kenneth A. Erickson, Case Number CEB/SM
2002-06-0184.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Henry E. & Gloria Weatherspoon, Case
Number CEB 136-98.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Devin P. Lewis, Case Number SM
2004080023.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Ann Marie Crandall, Case Number SM
2004-07-0220.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Donald E. & Patricia Nicholson, Case
Number CEB/SM 2004-10-0162.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by J. R. Etter (previously owned by Kevin
& Leanne Chinn), Case Number CEB/SM 2000-11-0177.
Request for approval and execution of Satisfaction and
Release of Fine for property owned by Scott Allan Yingst, Case Number SM
2004030285.
Procurement Services
Request for approval to declare the items on the
attached lists surplus to County needs; 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.
Request for approval and authorization to execute the
First Amendment to complete a Change Order to increase the cost of the Fishing
Pier at Lake Idamere, Bid Number 05-022, in the amount of $2,518.00.
Request for approval to award the contract for
re-roofing of the Judicial Center to Wharton Smith, Inc. in accordance with RFP
Number 03-087 for $1,252,448.00.
Request for approval to award a sole source contract
to HRH/Hunt Insurance Group, Inc./Insurance Carrier – Lexington Insurance
Company for catastrophic inmate medical insurance at the cost of $0.11 (eleven
cents) per inmate, per day.
Public Safety
Request for approval for the Lake County Department of
Public Safety, Fire Rescue Division to sign a Memorandum of Understanding and
Letter of Commitment with the State of Florida to provide Type II Technical
Rescue Resources under the Department of Homeland Security Domestic Security
Grant Program.
Public Works
Request for approval of the Amendment to the Agreement
between Lake County and Reynolds, Smith and Hills to continue with the design
of Britt Road.
COUNTY
MANAGER’S CONSENT AGENDA - ITEMS PULLED FOR DISCUSSION
ECONOMIC
DEVELOPMENT AND TOURISM
RESORT
TAX SPECIAL RESERVE (Tab 8)
Mr.
Greg Mihalic, Economic Development & Tourism Director, presented the
request for approval of
an Agreement between Lake County and Lake-Sumter Community College (LSCC) for
the application for State funding for the development of a Joint Softball
Complex to be located at the South Lake Campus of LSCC; approval of a transfer
from Resort Tax Fund Special Reserve (bed tax) in the amount of $1,000,000.00;
and approval to deposit with LSCC, as a match, the sum of $1,000,000.00 from
the Resort Tax Fund Special Reserve by February 1, 2006. He explained that this
project has been discussed for several years. When the bed tax was increased from
2% to 4%, 1% was set aside for sports infrastructure of different kinds. The
proposed complex would be an asset to the adjacent National Training Center as
well as LSCC which anticipates moving its softball team to their South Lake
campus after this occurs.
Commr. Stivender noted that the
Tourist Development Council recommended approval of this request. She stated
that two hotels are under construction in South Lake County and the Board needs
to remember that we need areas for hotels under the new Comprehensive Plan.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved an Agreement between Lake County and Lake-Sumter Community College
(LSCC) for the application for State funding for the development of a Joint
Softball Complex to be located at the South Lake Campus of LSCC; approval of a
transfer from Resort Tax Fund Special Reserve (bed tax) in the amount of
$1,000,000.00; and approval to deposit with LSCC, as a match, the sum of
$1,000,000.00 from the Resort Tax Fund Special Reserve by February 1, 2006.
GROWTH MANAGEMENT
ACQUISITION OF PROPERTY SOUTH OF
ASTOR (Tab 18)
Commr. Cadwell explained that the
Public Land Acquisition Advisory Council recommended acquisition of
approximately 10 acres on the St. Johns River south of Astor. Staff is
requesting approval and authorization to evaluate the property for purchase,
including an appraisal, boundary survey and environmental assessment, and
bringing that information to the Board for a decision. In that decision-making
process, there are some citizens who live in the area who want to make sure
they are consulted regarding the road network and what will happen to the
property. He stated that he wants to move ahead but wants to be sure to keep
those neighbors in the loop and make sure there is a forum for their
involvement.
On a motion by Commr. Cadwell,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the request for authorization to evaluate property for purchase, including
an appraisal, boundary survey, and environmental assessment, on approximately
10 acres on the St. Johns River south of Astor.
GROWTH MANAGEMENT
DUE DILIGENCE AND CONTRACT
AUTHORIZATION (Tab 19)
Commr. Hanson stated that she and Ms.
Hall have discussed the request for approval for the County Manager to
authorize due diligence evaluations and enter into contracts, contingent upon
Board approval, on potential acquisition lands at the request of the Lake
County Public Land Acquisition Advisory Council. She opined this would help the
process.
Commr. Cadwell stated that this would
keep the politics out as much as can be and this was a pledge made by the
Board. The Board would weigh in after everything is done, not use that
opportunity to stop a project that should go through the process.
Commr. Stivender stated that she has
requested that the County Manager, as she is going through due diligence on the
projects, give the Board a list of the properties so that they are aware of
them.
Mr. David Hansen, Director of the
Lake County Public Lands Management Division, agreed with Commr. Hanson that it
is an exciting program and lots of properties are coming up.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board
approved for the County Manager to authorize due diligence evaluations and
enter into contracts, contingent upon Board approval, on potential acquisition
lands at the request of the Lake County Public Land Acquisition Advisory
Council.
INTRODUCTION
Commr. Cadwell introduced Ms. Julie
McGonigal of the Lake County Tax Collector’s Office who is serving an
internship with Leadership Lake County, Inc.
PERSONAL APPEARANCES - EMPLOYEE
AWARDS
The Chairman presented the following
Employee Awards, with Ms. Sharon Wall, Employee Services Director, giving brief
remarks about each individual.
Presentation of Award to Employees with Five Years of
Service
Mr. Jack C. Fillman, Chief of Education & EMS,
Public Safety/Fire Rescue
Mr. Jason R. Rivera, Firefighter/EMT, Public
Safety/Fire Rescue
Ms. Tina M. Smith, Senior Landfill Attendant,
Environmental Services/Solid Waste Administration
Presentation of Award to Employees with Ten Years of
Service
Mr. Martin A. “Skip” Nemecek, Chief Plans Examiner,
Growth Management/Building Services/South Lake Annex
Ms. Nikki Wright, Parts Inventory Specialist, Public
Works/Fleet Maintenance
Presentation of Award to Employee with Fifteen Years
of Service
Ms. Rebecca L. Holland, Animal Control Officer, Public
Safety/Animal Services (not present)
Presentation of Award to Retiring Employee with Thirty
Two Years, Eleven Months of Service
Mr. Tom Ivey, Chief Mechanic, Public Works/Fleet
Management
Presentation of Award to Retiring Employee with Thirty
One Years, Six Months of Service
Ms. Teri Davis, Administrative Office Associate I,
Community Services/Lake Soil & Water (not present)
PRESENTATION
COMMISSIONER
JENNIFER HILL - PAST CHAIRMAN
Commr. Hanson presented a gavel to Commr. Jennifer Hill in recognition of her service as Chairman of the Lake County Board of County Commissioners for 2005.
PRESENTATION - INNOVATIVE STRATEGIES
FOR SUSTAINABLE GROWTH
Mr. Gregg Welstead, Deputy County
Manager, explained that several months ago Commr. Hanson asked that information
be brought to the Board on Florida’s Rural Land Stewardship Program as part of
the forum of the Lake County Public Land Acquisition Advisory Council.
Mr. Ernest A. Cox, Esquire, Gunster
Yoakley, representing Family Lands Remembered, explained that Florida is
experiencing unprecedented growth and one of the biggest challenges we face is
the amount of land throughout the state that is being gobbled up. Florida’s
Rural Land Stewardship Program evolved out of a land dispute in Collier County.
Their comprehensive plan was amended, challenged, and found not in compliance.
In 1999, the Governor and Cabinet ordered Collier County to do a long range
study for the future and focus on three principal objectives; one, the
protection and promotion of agriculture; two, the preservation and enhancement
of natural resources; and three, to look at long term growth and economic
diversification. Pursuant to that, a committee worked for three years putting
together a long range plan for the future of Collier County. He further explained
that the Governor appointed a growth management study commission which had a
rural lands task force. Their idea was that we need to look at incentive-based
programs rather than just more regulations. The legislature took that idea and
created the Rural Land Stewardship Program. He gave a presentation entitled
“Innovative Strategies for Sustainable Growth - Florida’s Rural Land
Stewardship Program” (a printed copy is included in the backup material). He
pointed out that this is one tool for dealing with the challenges of Florida’s
growth.
·
What is Rural
Land Stewardship? Incentive-based program, not based on additional regulations,
that encourages the voluntary preservation and private stewardship of natural
resources, retention of rural uses and agriculture, and accommodates economic
growth and diversification in a sustainable rural character. Some of the best
environmental lands are managed by private landowners.
·
Legislation -
Chapter 163.3177, Florida Statutes. Department of Community Affairs (DCA) shall
encourage local governments in establishing and implementing Rural Land
Stewardship Areas (RLSAs). A critical component is maintaining the economic
value of rural land. Control urban sprawl. Protect ecosystems. Promote rural
economic activity. Maintain viability of Florida’s agricultural economy.
Protect the character of rural Florida.
·
Key Legislative
Changes Since Inception. Reduction of minimum area from 50,000 acres to 10,000
acres. Property owner can initiate stewardship planning process. Multi-County
Stewardship Plans. DRI Exemption (subject to eligibility criteria). Agriculture
can generate credit value in addition to natural resources. Stewardship to
address long term vision and 25 year or greater population.
·
Adams Ranch
Stewardship Overlay. (In St. Lucie County, four generations of ranching.)
Currently, the only stewardship under state statutes; is about 22,5000 acres;
two pieces, Adams Ranch (16,500 acres) and Cloud Grove (6,000 acres). Adams
Ranch ultimately will be a Stewardship Sending Area (SSA) and Cloud Grove will
be a Stewardship Receiving Area (SRA).
·
Adams Ranch. A
pilot program with two landowners which has swamp systems, rangeland and
prairies, pastures, marshes and wet prairies and has been transmitted by the
county to DCA (Department of Community Affairs). An adoption hearing is
expected in late February. Other landowners could opt into the program in the
future if they like the rules.
·
Adams Ranch
Stewardship Goal. To protect and conserve agricultural lands and to promote
agricultural viability, to direct incompatible uses away from wetlands and
upland habitat, to discourage urban sprawl, and to encourage development that
utilizes creative land use planning techniques and promotes economic prosperity
and diversification.
·
RLSA Program will
allow Adams Ranch to: continue agriculture business; provide employment;
conserve natural resources; preserve a cultural icon; protect water and air
quality; at no cost to the public. The first phase, the first Stewardship
Sending easement, will be 12,000 acres, doubling St. Lucie County’s 6,000 acres
of acquisition.
·
Stewardship Index
Map. Every acre is scored based upon its natural resources such as soils,
water, listed plant, animal and bird species, and determines overlay
classifications. The map will be adopted as part of the comprehensive plan
amendment.
·
Stewardship
Sending Area (SSA) Designation (restricts the future use of the property).
Property owner initiates SSA designation. The more uses, or layers, that are
removed from the property, the more credits that are given. Voluntary removal
of such layers as residential development, general conditional uses, earth
mining, active agriculture (citrus, row crops), passive agriculture (cattle,
rangeland sod work). The credits are not TDRs (Transfer of Development Rights).
TDRs are primarily based upon taking a residential unit from Place A and
putting it in Place B.
·
SSAs Generate
Stewardship Credits. Credit is based upon the natural resources of the land,
the more environmentally valuable, and the more uses eliminated, the greater
the number of credits generated. Creates a market force to protect the most
important environmental lands first. Restricted with a permanent stewardship
easement which is like a conservation easement but it also requires the continuation
of maintenance activities and also allows specifically for the continuation of
the agricultural activities. Credits are created and moved somewhere else. On
the map, the green areas cannot be developed under the stewardship program. The
brown areas could be available for potential development but only in a compact
form such as towns, villages or hamlets.
·
Stewardship
Receiving Area (SRA). In the process of planning with the public and St. Lucie
County a new town on about 5,000 acres of orange grove which was decimated
because of canker. About 1,200 homes with schools, parks, jobs, 3 to 4 million
square feet of non-residential space. SRA Designation Applications are approved
by the Board of County Commissioners.
·
Forms of SRAs.
Either towns, villages, or hamlets, with minimum and maximum criteria, or
Compact Rural Developments. Chart shows typical characteristics.
·
Collier County
RLSA Study by Fishkind and Associates. Compared to one unit per five acres,
stewardship generates a substantial surplus in revenues over costs, unlike the
base zoning.
·
Stewardship
Adoption Process. The Adams Ranch Stewardship is in the Comprehensive Plan
Amendment process. (The DCA Objections, Recommendations and Comments (ORC)
report is available online.) DCA’s main issue, because this is the first time
it has been done under the statute, is that they want to make sure it is done
right because it is, by the statute, a preferred planning alternative. It is
not allowed for use inside municipalities and is not allowed for use inside
Urban Services boundaries. This is a rural planning tool which can be
multi-county. After the Comprehensive Plan Amendment process, it goes through
LDC (Land Development Code) Amendment, SSA Application and SRA Application.
·
Outcome.
Conserves Adams Ranch. Creates a tool to extract value by eliminating
development rights without losing value of existing agricultural uses. Farmers
and ranch owners are under increasing pressures to sell because agriculture
cannot compete with housing. This creates a tool to protect environmentally
sensitive land without public sale or conservation easements. RLSA rewards
Adams Ranch for continuing to do what they have historically done which is
serve as good stewards of their land and continue with Best Management
Practices. Retains generational ownership. Many of Florida’s farming families
are aging and the estate taxes are tremendous. Mr. Cox explained that the
mission of Family Lands Remembered is to identify landowners that do not want
to sell and pair up lands that should be protected from development with places
development could occur and, essentially, tap into the economic engine of
growth to drive conservation and agriculture protection from an incentive
approach.
·
Promotes a
Sustainable Rural Future. The goal is to try to accommodate millions of people
who are coming to Florida, in the smallest number of acres, in a way that does
not affect current residents’ quality of life and in a way that gives new
residents a good quality of life. Instead of doing subdivision after
subdivision and large-lot ranchette development, the idea is to preserve and
protect large areas of either natural systems or agriculture or both,
permanently, in return for development in towns and villages.
·
Collier County.
Study area is 195,000 acres. Six landowners together owned 168,000 acres and
agreed early on to ignore property ownership as the program is created. The
primary driving factor was protection of the Florida panther.
·
Collier County.
Balance of three essential goals is needed. Continued agricultural viability;
environmental resource protection; long-term economic prosperity and
diversification.
·
Collier County.
GIS Database.
·
Collier County.
Alternative scenarios were compared to a baseline condition.
·
Collier County.
Town of Ave Maria is the first development taking place under a Stewardship
Program. The Sending Areas are about 16,000 acres of critical habitat for the
Florida panther. Four Sending Areas in different locations will be permanently
restricted to agricultural and natural resource use to create the credits for
the town. The Receiving Areas are a 4,000-acre (about 11,000 homes and two
million square feet of non-residential) town and a new university.
Approximately 20,000 acres of SSAs will create 30,000 credits needed to entitle
the 4,000 acre New Town.
·
Key Elements.
1.
Market based
system. A better chance of success if the system is altruistic and accomplishes
policy goals and aligns with people looking out for their own economic
self-interest.
2.
Landowner
involvement. Identify and talk to landowners, educate them and find out if they
want to be part of it.
3.
Agriculture must
be profitable. One way is to lower the value of the land by giving the
landowner an ability to realize that economic reality somewhere else. Agriculture
will never compete with houses unless a different system is devised.
4.
Environmental
incentives. Decide what is important. There may be a way to provide some
additional incentives rather than just public purchase. Public purchase dollars
can be complemented with stewardship credits to provide additional incentives.
5.
Economic
promotion and diversification. As we evolve as a state, it will be important
for us to look at the kind of jobs we want our children and grandchildren to
have, and how we create programs for those jobs. Companies that are interested
in building new headquarters are very excited about being able to be part of
programs like this. Not only does this benefit people or their workers in a
town-concept or village, there is also a connection to the preservation and
environmental sides.
Commr. Stivender suggested that Mr.
Cox give another presentation during a Commission retreat.
Mr. Cox explained that, with Adams
Ranch, some of the monies that will be paid for the credits in creating the
town will be placed in a permanent endowment with a program to manage the
Ranch.
Mr. Cox showed an eleven-minute
video, “Adams Ranch Stewardship,” which was filmed entirely on location at
Adams Ranch in St. Lucie County, Florida. He explained that these lands will
remain on the tax rolls with their agricultural classification. Even with the
agricultural rate, they do generate more revenues than their requirement for
services. Regarding permanency, if the agriculture is economical and the risk
of the sale is taken away by giving them the funds, people will want to stay
in. The idea is to promote agriculture, not require it. There is one
requirement. If Adams Ranch, two generations from now, knows they cannot make
money in cattle ranching, there is still an affirmative obligation to manage
the land for the natural resources. The permanent stewardship easement sets
forth what can and cannot be done, as well as the private maintenance
obligation. The easement and the stewardship have to be in favor of two governments.
What has been done at Adams Ranch is in favor of the county and the Department
of Agriculture. The easement holder is a statewide interest.
Regarding the value of the land, Mr.
Cox stated that the value is sold to a private entity. The property stays on
the tax rolls at the agricultural classification level. The choices for the
agricultural owner or operator are: continue in agriculture and tell the
developers no; sell to a developer; or sell stewardship credits, get the money
from the development activity, and continue the agricultural operation.
The easement gets recorded in the
public records but there is no absolute permanency. Mr. Cox stated that the
idea is, by having it in the statute, that this is a permanent easement.
Putting it in property records as a permanent restriction with two different
governmental agencies makes it as permanent as is possible.
Mr. Cox stated that, up until 2001,
there were no incentive-based tools like this. There is a lot of interest
around the state in deciding if there is a similar tool that could be adapted,
such as one that deals with municipalities in agricultural areas. Stewardship
as it exists today might not be the answer but there might be a small tweak
possible to set up a program that deals with specifics. This program allows
agriculture, landowners, the business community, government and the
environmental community to work together for solutions.
In closing, Mr. Cox stated that he
and his friend, Eric Draper, Policy Director for Audubon of Florida, have gone
public with their personal goal. That goal is to use stewardship, and programs
like it, some of which have not been created yet by the legislature, to protect
a million acres of Florida real estate from development over the next ten
years.
Commr. Hanson, in expressing her
appreciation for the presentation, stated that it is time to do something. She
opined that Growth Management staff and Planning and Development staff need to
hear the minutiae to adapt what might fit for Lake County. While we do not have
large landowners, some can be put together, looking at compact development and
preservation of the rest of the land.
Mr. Cox commented on the Babcock
Ranch project which is a purchase and creation of a new town. A company is
buying the stock and selling the land to the state. He offered to make a
presentation at a Board retreat or get into more details with staff. The key is
get the owners involved, get the community involved and create something that
works for Lake County.
Commr. Hanson stated that Lake
County’s Comprehensive Plan allows some of these things and, without this type
of program, there could be five-acre tracts throughout the rural area. That
would be a travesty for Lake County.
RECESS AND REASSEMBLY
At 10:15 a.m., Commr. Hanson
announced a 15-minute break.
COUNTY MANAGER’S DEPARTMENTAL
BUSINESS
BUDGET
LEGISLATIVE POSITIONS FOR 2006
Mr. Jason Showe, Revenue Coordinator,
Office of Budget, referred to the list of Legislative Positions for 2006 as
approved by the Board on December 6, 2005, and stated that this is the Board’s
opportunity to prioritize any of the positions. He is preparing summary sheets
for each appropriate committee that will give a brief summary of positions as
well as staff contact information.
Ms. Hall explained that the Board
could select some items as high priorities or could go forward with the list as
it stands. The thought is to make it easier for the legislators on the
committees and Mr. Showe will prepare a condensed list of items that pertain
only to them.
Commissioner Stivender stated that
funding for the joint library is a major priority. Funding for Medicaid is of
major importance under Health & Human Services, and for Transportation
Disadvantaged under Transportation, and she suggested consolidating those. She
stated that the Health Department facility is of major importance; the item
under Water and Natural Resources is important; and she suggested consolidating
all of the roads under Transportation because they are all of major importance.
Commissioner Cadwell suggested taking
the following specific funding items for Lake County as priorities: the library
with Lake Sumter; the request for the Health Department facility; assist
funding for the EOC; combine all the transportation items equally. The other
items, except for the Wekiva issue, are statewide items that the Florida
Association of Counties will be working on and EOC is on the Washington list.
Ms. Hall noted that funding for the
Medicaid Non-Emergency Transportation Program goes through the Transportation
Committee.
COMMUNITY SERVICES/FACILITIES
DEVELOPMENT AND MANAGEMENT
LAKE COUNTY HEALTH DEPARTMENT’S
RENTAL FACILITIES REPORT
Mr. Fletcher Smith, Director,
Community Services, presented a status report on health facilities in central Lake
County, noting that the total leased square footage is 28,443. Two of the
leases will expire in November 2006 and one expires February 2007. Those three
leases total more than 22,000 square feet. Staff recommends proceeding with
negotiating renewal of the administrative office space in Eustis, the Van Dee
Building in downtown Eustis and the Delaporte Building in Mount Dora. The St.
Clairsville Medical Group lease in Leesburg expires in August 2007 but has a
renewal provision for two additional years.
Regarding the Umatilla clinic, Mr.
Smith advised that staff will meet January 19 with the architect to develop the
design. In response to a question by Commr. Stivender regarding long-term
leases, Mr. Smith advised that renewal of the lease agreements could include an
escape clause. He explained that the ultimate concept is to have one facility,
approximately 30,000 square feet, in the central part of Lake County. The
Umatilla facility will be approximately 8,000 to 12,000 square feet. The RFP
for the South Lake facility is being done for approximately 12,000 square feet.
He commented that we have a legislative budget request with the State and may
know in April, May or June whether that request will be approved.
Ms. Hall stated that the thought is
that we would roll the RFP to seek proposals to construct a new facility or
renovate an existing facility within the Golden Triangle area into the RFP that
we are preparing for South Lake County, making it a two-part RFP. Proposals,
part or both, could be received from anyone who is interested. She confirmed
that authorization has been given for the Clermont facility.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board
approved authorization to move forward with renegotiation of leases for the
Administrative Office (Eustis), the Van Dee Building (Eustis) and the Delaporte
Building (Mount Dora); and authorization to prepare a RFP, in conjunction with
the RFP being prepared for South Lake County, for either a new facility or
renovation of an existing facility within the Golden Triangle/Central Lake
County area.
Regarding the Umatilla Health Clinic,
Mr. Jim Bannon, Facilities Development and Management Director, advised that a
completion date would be about two years after the January 19 meeting with the
architects and stakeholders. Options would be to expand the existing building
or demolish it and build a new facility. Those proposals will be brought to the
Board for direction.
Commr. Cadwell stated that he hopes this
is the real timeframe because this project has been going on a long time.
Mr. Bannon explained that the
timeframe is predicated on quick decisions, by the Board and staff and by
permitting, and whether funding is budgeted. He assured the Board that the
process will be expedited as quickly as possible.
Commr. Cadwell stated that this
facility services an area where people have the most problems with
transportation. He stated that getting it reopened needs to be one of our top
priorities.
Commissioners Stivender and Pool
agreed that the entire Board supports this project.
PUBLIC WORKS
CHANGE ORDER - BRIDGES ROAD
Mr. Jim Stivender, Public Works
Director, presented the request for approval and authorization to execute
Change Order Number 1 to the Bridges Road Widening and Resurfacing and CR-48
Local Agency Program (LAP) Sidewalk Project Number 2005-01 in the amount of
$201,228.16, Commission District 3. The Board awarded the contract on June 7,
2005, and since that time, a significant amount of roadway base failures have
been discovered on Bridges Road. The Change Order will contract to rebuild the
section of roadway from County Road 33 to U.S. Highway 27 and staff recommends
approval.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the request to execute Change Order Number 1 to the Bridges Road
Widening and Resurfacing and CR-48 Local Agency Program (LAP) Sidewalk Project
Number 2005-01 in the amount of $201,228.16, Commission District 3.
PUBLIC WORKS
SUPPLEMENTAL LOCAL AGENCY PROGRAM
AGREEMENT - CR 48
Mr. Jim Stivender, Public Works
Director, presented the request from Public Works for
approval and authorization of signatures on a resolution and the Supplemental
Local Agency Program (LAP) Agreement with the Florida Department of
Transportation for County Road 48 Paved Shoulders from State Road 19 to U. S.
Highway 27, FPN 415472-1-A8-01, which was approved by the BCC on January 25,
2005. Staff is asking for an extension of about a year on the CR 48 paved
shoulders due to nesting eagles. Mr. Stivender advised that the project will be
completed by early fall of this year.
On
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved and authorized signatures on Resolution
2006-6 and the Supplemental Local Agency Program (LAP) Agreement with the
Florida Department of Transportation for County Road 48 Paved Shoulders from
State Road 19 to U. S. Highway 27, FPN 415472-1-A8-01, which was approved by
the BCC on January 25, 2005.
PROMOTIONS
AND INTRODUCTIONS
Jim
Stivender, Public Works Director, announced the promotion of Ms. Lori Conway as
Funding and Production Division Director; Mr. Jeff Johnson has been promoted to
Construction Inspection Manager; and Mr. Bobby Bonilla is the new Director of
the Parks and Trails Division.
Commr.
Cadwell stated that, over the years, he has constantly gotten good calls about
Mr. Johnson and the job he does in dealing with the residents and the
construction companies.
OTHER
BUSINESS
APPOINTMENTS
- AFFORDABLE HOUSING ADVISORY COMMITTEE
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the execution of Resolution 2006-7
reappointing the following members to the Affordable Housing Advisory
Committee.
REPORTS
- COUNTY ATTORNEY
Mr.
Sandy Minkoff, County Attorney, presented the request for approval and execution
of a resolution authorizing eminent domain for right of way from Viola Buford
in conjunction with the Sleepy Hollow Road Realignment Project. He explained
that the acquisition was approved in August 2005 (Resolution 2005-123) but the
legal description did not cover all the property required for the project.
On
a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously,
by a vote of 5-0, the Board approved the request for execution of Resolution
2006-8, authorizing eminent domain for right of way from Viola Buford in
conjunction with the Sleepy Hollow Road Realignment Project and amending the
legal description.
REPORTS
- COUNTY MANAGER
LAKE
JEM FIRE STATION/TAVARES FIRE STATION NO. 2
Mr.
Gary Kaiser, Director of Public Safety/Fire Chief, advised the Board that Lake
County will colocate a unit (slated for the new station on CR 448) at Tavares
No. 2 fire station on Lane Park Road if approved by the Tavares City Council
this month. This is a temporary solution to providing protection closer to the
Lake Jem/Shirley Shores area until the new County fire station is completed,
possibly in December 2006.
Commr.
Stivender stated that, when the Tavares station was in design, she suggested
colocating with the City. She thanked Ms. Cindy Hall, County Manager, and Mr.
Kaiser for their work on this issue.
INTRODUCTION
Ms.
Hall introduced Mr. Barnett Schwartzman, the new Procurement Services Director.
RETREAT
Ms.
Hall reminded the Board that a goal-setting retreat is scheduled for Friday,
January 27, 2006, at a location yet to be determined.
REPORTS
- COMMISSIONER HILL - DISTRICT #1
Commr.
Hill explained that State Representative Alan Hays sponsored House Bill 179, a
road naming bill, which designates a portion of Old U.S. Highway 441 near the
A.W. Peterson Gun Shop in Mount Dora as the Leighton Lee Baker Memorial
Highway. The bill has passed through one House Committee successfully and has
two more stops. Senator Paula Dockery is the Senate sponsor. The late Leighton
Baker, father of State Senator Carey Baker, was very active in the community,
in many local civic organizations and also served in the Florida House of
Representatives. The bill would require the Department of Transportation to
erect markers at either end of the designated portion of the road between David
Walker Drive and Eudora Road. Florida Statute requires that a city and/or
county must pass a resolution in support of the name change. She requested that
the Chairman be authorized to prepare a resolution and send a letter today in support
of the name change.
On
a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a
vote of 5-0, the Board authorized the Chairman to send a letter in support of
designating a portion of Old U.S. Highway 441 in Mount Dora as the “Leighton
Lee Baker Memorial Highway” and approved authorization for the Chairman to
prepare Resolution 2006-9 in support of this action, per Florida Statute.
FACILITY
NAMING
Regarding
naming of facilities, Commissioner Hill suggested adding to a future agenda the
process, procedure or policy for such actions.
Ms.
Hall advised that she sent the Board a draft procedure recently and she will
add that item to the Board’s retreat agenda on January 27, 2006.
PRESENTATION
- INNOVATIVE STRATEGIES FOR SUSTAINABLE GROWTH
Commissioner
Hill thanked Commissioner Hanson for bringing forth the presentation on
Innovative Strategies for Sustainable Growth - Florida’s Rural Land Stewardship
Program. She suggested extending an invitation to the agriculture community and
ranch owners when the Board discusses this further. While there is no active
agriculture committee in Lake County, a list of names could be obtained through
the cattlemen’s club and the farm bureau.
REPORTS
- COMMISSIONER STIVENDER - DISTRICT #3
DR.
MARTIN LUTHER KING, JR. EVENTS
Commissioner
Stivender announced that she attended the Dr. Martin Luther King, Jr. breakfast
on January 6, along with Commissioners Cadwell and Hanson. She also attended
the play at Lake-Sumter Community College on January 7 and made a presentation
on behalf of the Cultural Affairs Council, one of the sponsors of the event.
There are two upcoming events. One is Sunday, January 15, at the First
Methodist Church in Eustis. Another is Monday, January 16, from 10:00 a.m. to
1:00 p.m. at Lake-Sumter Community College.
PARKING
GARAGE AND JUDICIAL CENTER EXPANSION
Commissioner
Stivender stated that she has had several calls regarding the parking garage
and the Judicial Center expansion. She asked for an update and noted that the
Board had directed the County Attorney to speak with and negotiate with the
property owners who have retail businesses. She stated that options should
include keeping the retail businesses in downtown Tavares. She asked for a
presentation, possibly at the upcoming workshop. She stated that she has heard
that the Board is divided on what should be done downtown and she asked for a
public clarification on whether or not the Board is divided.
Commr.
Pool stated that he has met with staff. Commissioners Cadwell and Hanson stated
that they will meet with staff next week.
Mr.
Bannon advised that he has set meetings with the Commissioners to get their
feedback.
Commr.
Stivender stated that she has a meeting with Mr. Bannon today but she needs to
have something to tell the attorneys for the property owners who are calling
her.
Commissioner
Cadwell opined that attorneys for the property owners should be talking with
the County Attorney, not with the Commissioners.
REPORTS
- COMMISSIONER CADWELL - DISTRICT #5
Commissioner
Cadwell announced that he attended the Trout Lake Nature Center’s volunteer
luncheon on January 8. He stated that they are extremely appreciative that the
Board is a more active partner now.
REPORTS
- COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
GUARDIAN
AD LITEM VOLUNTEERS
On
a motion by Commr. Cadwell, seconded by Commr. Stivender and carried
unanimously, by a vote of 5-0, the Board approved the execution of Resolution
2006-01 recognizing the efforts of Guardian Ad Litem volunteers. (The
resolution will be presented on January 17, 2006.)
COMMISSION
LIAISONS ON LAKE COUNTY BOARDS AND COMMITTEES
Discussion
occurred among the Commissioners regarding the 2006 liaison appointments to the
various boards and committees.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the list of Liaison/Membership Appointments
for 2006 as presented except that Commissioners Pool and Cadwell will serve on
the Regional Planning Council and Commr. Pool will serve on the Industrial
Development Authority; and approved the execution of Resolution 2006-10
appointing Commr. Stivender as Chairman of the Tourist Development Council.
REFERENDUM
- SUPERINTENDENT OF SCHOOLS
Commr.
Hanson stated that the Lake County School Board, by way of a letter from
Superintendent Anna Cowin and a resolution passed by the School Board,
requested that the Commission discuss and approve the School Board's request to
place a referendum on the November 7, 2006, ballot for the proposition to
authorize and require the School Board to select and appoint a Superintendent
of Schools in Lake County. The text of the proposition to be placed on the
ballot is as follows:
RESPONSIBILITY
OF SCHOOL BOARD TO APPOINT SUPERINTENDENT
SHOULD THE
SCHOOL BOARD OF LAKE COUNTY BE AUTHORIZED AND REQUIRED TO SELECT AND APPOINT A
SUPERINTENDENT OF SCHOOLS? IF YOU WANT THE SUPERINTENDENT OF LAKE COUNTY
SCHOOLS TO BE APPOINTED BY THE SCHOOL BOARD, THEN SELECT “YES.” IF YOU WANT THE
SUPERINTENDENT TO REMAIN AN ELECTED POSITION, THEN SELECT “NO.”
Ms.
Joyce Stephens, Board Member of the Lake County League of Women Voters, stated
that her Board wants the Commissioners to be aware that the League of Women
Voters has held the position of appointing a Superintendent of Schools for
many, many years. She requested approval of the request.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the request of the Lake County School Board
to place a referendum on the November 7, 2006, ballot for the proposition to
authorize and require the School Board to select and appoint a Superintendent
of Schools in Lake County.
CITIZEN
QUESTION AND COMMENT PERIOD
Travis
Whigham
Mr.
Travis Whigham, Forest Hills Association, repeated past requests for help with
equipment for their area parks. He asked for assistance for a resident, a
cancer patient, who has no transportation to her doctor in Volusia County.
The
Board advised Mr. Whigham to speak with Mr. Ken Harley, Public Transportation
Manager, regarding the resident.
Roy
Hunter
Mr.
Roy Hunter, Northeast Lake Chamber of Commerce, advised that residents should
do more to help themselves in preparation for hurricane season and other
disasters, such as buying an extra can of food and a gallon of water every
week.
Dee
Dee Stroup
Ms.
Dee Dee Stroup, Astor, in speaking about Tab 18, asked that the residents be
given information and be kept involved regarding Lake County’s Blueways network
system and acquisition of property south of Astor on the St. Johns River.
Commissioner
Cadwell stated that he advised staff earlier in today’s meeting to involve the
residents in the process. Staff has been authorized to do due diligence on the
property so that the Board can make an educated decision.
REPORTS
- COMMISSIONER HANSON (CONTINUED)
SEPTIC
TANK REPLACEMENT ISSUE
Commr.
Hanson referred to the septic tank replacement issue and a letter, under her
signature, that would be presented at the TRAP meeting. (Technical Review and
Advisory Panel, under the Florida Department of Health’s Bureau of Onsite
Sewage Programs.) Individual and local governments need to be given the
opportunity to address the issue of septic tank replacement on a site-specific
or area-specific basis. If it can be demonstrated that no impact or an
insignificant impact is occurring or probable, then alternatives should be
considered.
Commr.
Cadwell emphasized that the Board is not wavering from what it thinks ought to
be happening in the Wekiva area but the Board wants common sense to prevail.
Commr.
Hanson commented that it is very easy to have the rule go over the whole area,
whereas, on a site-specific basis, it may not be appropriate at all or
densities may be so low that it would not be effective and would cost some
people a great deal of money.
Commissioners
Cadwell and Hanson reiterated that the Board is very much committed. Commr.
Hanson stated that they want the money to go where it can be most effective.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a vote of 5-0, the Board approved adding the septic tank replacement issue to
the agenda.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board authorized the Chairman to prepare a letter to be
presented at the TRAP meeting regarding the septic tank replacement issue.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:20 a.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK