A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 7, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, February 7, 2006, at 10:00 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; Jennifer Hill; and Robert A. Pool. Commissioners not present were Welton G. Cadwell, Vice Chairman; and Debbie Stivender. 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 Judy McAuley, Deputy Clerk.

INVOCATION AND PLEDGE

Rev. Karen Burris, Morrison United Methodist Church, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, stated that there is an addendum with one consent agenda item regarding a temporary housing lease for fire station #78 in the Lake Jem area.

INTRODUCTION

Mr. Sandy Minkoff, County Attorney, introduced Ms. LeChea Parson, the new Assistant County Attorney.

MINUTES

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the Minutes of November 22, 2005, Regular Meeting, as presented.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board approved the Minutes of December 6, 2006, Regular Meeting, as presented.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the Minutes of January 10, 2006, Regular Meeting, as presented.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board approved the Minutes of January 17, 2006, Regular Meeting, as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 9, 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

5491-06           George F. Crispi Individual (Electrical)

6162-06           Donald Tracey dba Associated Landscape Company

6451-06           James E. Duvall dba DVI Irrigation, Inc.

Cancellation

5904-04           Jim Boston dba Imperial Irrigation Inc.

Endorsements

5842-06           From: William Shaffer dba Shaffer’s Electric, To: William Shaffer dba Altaquip LLC

6206-06           From: Gator Signes Inc, To: Charles E Allen dba Gator Signes Inc.

 

Monthly Distribution of Revenue, Traffic/Criminal Cases

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending December 31, 2005. Disbursement due to Board: $154,920.12. Same period, last year - $102,795.23.

 

Lands Available List

Request to acknowledge receipt of Lands Available List. Lake County has until 4/9/2006 to purchase property from Lands Available List before it is available to the public.

 

City of Mount Dora Annexation Ordinance Number 886

Request to acknowledge receipt from the City of Mount Dora, Ordinance Number 886, pertaining to annexation of property located at the intersection of Lake Center Drive and State Highway 19-A into the City of Mount Dora. Passed and ordained the 3rd day of January 2006, by the City Council of the City of Mount Dora, Florida.

 

City of Eustis - Annual Report 2005

Request to acknowledge receipt from the City of Eustis, Florida, Annual Report 2005 for the Fiscal Year October 1, 2004 through September 30, 2005.

 

City of Tavares - Annexation Ordinance Number 2005-47

Request to acknowledge receipt from of Annexation Ordinance Number 2005-47, from the City of Tavares, amending the boundaries of the City of Tavares, by annexing approximately 6.63 +/- acres located on the northern side of Woodlea Road, approximately one-half mile west of the intersection of SR 19 and Woodlea Road; rezoning the property from Lake County R-6 (Urban Residential) to City of Tavares PD (Planned Development). Passed and ordained the 21st day of December 2005, by the City Council of the City of Tavares, Florida.

 

Southwest Florida Water Management District

Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for January 24-25, 2006, to be held at 9:00 a.m., at 2379 Broad Street, Brooksville, Florida 34604-6899; and Approved Minutes of the Meeting of the Governing Board held on October 25, 2005.

 

Satisfaction and Release of Lien

Request for approval of Satisfaction and Release of Lien in regards to the estate of Gwendolyn Brewer Burnham, Case Number 05-CP-801. Accounting records indicate that all necessary payments have been received.

 

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 22 and Addendum No. 1, as follows:

 

Budget

Request for approval of Budget transfer – Stormwater Management Fund, Department of Public Works, Engineering Division, Stormwater Section. Transfer $5,000.00 from Special Reserve to Overtime. Additional funds are needed in the overtime budget to allow staff to scan flood maps. The task is very tedious and there is only one scanner in the section. If this task were to be accomplished during regular work hours, it would hinder the floodplain technician from responding to customers. Funds available in Special Reserve.

 

Community Services

Request for approval of retroactive authorization for the Chairman to sign Grant Amendment Number 2 changing the Operation Step Up (OSU) Fall 2005 Disaster Volunteer Management Initiative grant period from August 1, 2005, through December 31, 2005, to OSU grant period October 2005 through February 2006.

 

Economic Development and Tourism

Request for approval and signature of an agreement between Lake County and the Leesburg Chamber of Commerce, Inc., in which Lake County will assist in funding the Junior World Championship and Bassmaster Family Fest on the Harris Chain of Lakes from February 17, 2006, through February 19, 2006, in the amount of $20,000.00.

 

Employee Services

Request for approval for the Chairman to sign the updated Lake County Safety Policy.

 

Growth Management

Request for approval and execution of a Satisfaction and Release of Fine for property owner Knut and Renita I. Kjenslie, Code Enforcement Case Number 2005-07-0297.

 

Request for approval and execution of a Satisfaction and Release of Fine for property owner Eugene and Denise Calabrese, Code Enforcement Case Number 2000-12-0197.

 

Request for approval and execution of a Satisfaction and Release of Fine for property owner Eugene and Denise Calabrese, Code Enforcement Case Number 2001-09-0155.

 

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 Procurement Services Director to sign the vehicle titles.

 

Public Works

Request for approval and authorization to release a Maintenance Bond in the amount of $93,421.00 that was posted for Orange Tree Phase I which consists of 96 lots – Commission District 2.

 

Request for approval and authorization to advertise for bids for Special Assessment Project Number 101, Lisa Drive and Diane Drive, Venetian Village Subdivision, located at Section 15, Township 20, Range 26, at an estimated cost of $234,009.00, using CTT funds – Commission District 3.

 

Request for approval and authorization to accept the final plat for Timberlane, Phase II and all areas dedicated to the public as shown on the Timberlane, Phase II final plat; accept a Performance Bond in the amount of $157,415.00; execute a Developer's Agreement for Construction of Improvements between Lake County and Banyan Construction and Development, Inc.; and execute an Agreement Restricting Lot Sales between Lake County and Banyan Construction and Development, Inc. Timberlane Phase II consists of 71 lots – Commission District 2.

 

Request for approval and authorization to release a Letter of Credit for Performance for Construction of Improvements in the total amount of $1,315,000.00 for Plantation at Leesburg Tract G, Phase II. Plantation at Leesburg Tract G Phase II consists of 45 lots – Commission District 3.

 

Request for approval to accept the listed public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects: five Statutory Warranty Deeds and three Statutory Quitclaim Deeds, as follow:

 

Instrument/Grantor

Road Name

Rd#

OR

BOOK/

PAGE

Donate

Prchse

Purpose

Acres

(+/-)

Est. Value

Statutory Warranty

Deed

 

 

 

 

 

 

 

City of Minneola, Florida

Grassy Lake

Rd/Sullivan

#1846/

#2044

3033/1814

Donate

Development

Review

1.05

$  8,400.00

Chisovalantis Misos

Libby No 3 Rd

#2233

3047/0526

Donate

Road Project

0.77

$ 11,578.64

Williams, Billy R & Jennifer L

Old Mt Dora Rd

#4865

3052/1329

Purchase

Road Project

0.01

$   4,400.00

Kearns, Richard T

C466A (Miller St)

#5803

3038/1183

Purchase

Road Project

0.27

$120,000.00

Faith Lutheran Church Eustis, Florida

Mt Dora Rd

#4865

3057/2295

Purchase

Road Project

0.45

$ 32,670.00

Statutory Quitclaim Deed

 

 

 

 

 

 

 

Devier, Maria

Libby No 3 Rd

#2233

3047/0522

 

 

 

 

Faith Lutheran Church

Eustis, Florida

Mt Dora Rd

#4865

3057/2289

Donate

Road Project

0.044

$  3,187.80

Nugent, Cordella

Jewell Dr

 

3057/2285

Donate

Road Project

0.04

$    193.28

 

Request for approval, acceptance and execution of the Subordination of Utility Interest Agreement between Lake County and the City of Eustis, Florida, for Old Mount Dora Road (Number 4865) Project from Faith Lutheran Church at Eustis, Florida.

 

Request for approval of payment to Florida Central Railroad for the construction of a new truck bearing pad at the CR 448A railroad crossing in Lake Jem; and approval of the related budget transfer in the amount of $75,000.00.

 

Request for approval and authorization to release escrowed funds in the amount of $10,000.00 posted for Nelson Park Apartments and execute the Satisfaction and Release of Fine releasing Worthwhile Development IV, LTD.

 

Request for approval and authorization to accept the final plat for Clearwater Reserve, Phase I and all areas dedicated to the public as shown on the Clearwater Reserve, Phase I final plat; accept a Letter of Credit in the amount of $1,164,647.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and Bright Lake Estates, LLC, Clearwater Reserve, Phase I consisting of 55 lots – Commission District 3.

 

Request for approval and authorization to advertise for bids for Lake Kathryn Community Development Block Grant Phase V Paving Project Number 2006-06 at an estimated cost of $459,183.00. Commission District 5 – Funding will be through the Community Development Block Grant.

 

Request for approval and authorization to accept the final plat for Biscayne Bluff and all areas dedicated to the public as shown on the Biscayne Bluff plat; accept a Maintenance Bond in the amount of $44,894.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and M/I Homes of Lake County, LLC; and execute  Resolution 2006-21 accepting the following roads into the County Road Maintenance System: Sand Bluff Lane (County Road Number 6648) and Sun Bluff Court (County Road Number 6648A). Biscayne Bluff consists of 27 lots – Commission District 4.

 

Request for approval to provide funding assistance to the Lake County School Board Summer Enrichment Program for Middle School age children for up to $100,000.00 and approval for the Chairman to sign two original agreements when received.

 

Public Safety - Addendum No. 1

Request for approval of Lease Agreement between Lake County and Judie Bazinet for temporary housing of fire station #78 in Lake Jem area until the construction of a new fire station has been completed. The month-to-month lease may commence about mid-February, 2006.

 

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. Shauron Carter, Environment Technician, Environmental Services/Special Programs

Mr. James J. “Jim” Drake, Firefighter/EMT, Public Safety/Fire Rescue

Ms. Anna L. Ely, Public Hearing Coordinator, Growth Management/Customer Service

Ms. Wendy R. Fenn, Librarian I, Community Services/Library Services

Mr. Lonnie L. Kinzer, Map Services Technician, Public Works/Engineering/ Right of Way

Ms. April A. Mazak, Library Assistant, Community Services/Library Services

Ms. Elise L. Rainey, Senior Library Assistant, Community Services/Library Services/Paisley Library

Mr. William B. “Bill” Wiley, Jr., Jail & Sheriff Maintenance Specialist, Facilities Development & Management/Facilities Management/Jail & Sheriff Facilities Maintenance

Ms. Kathy A Chaudoin, Senior Customer Service Representative, Growth Management/Customer Service (not present)

 

Presentation of Award to Employee with Ten Years of Service

Ms. Colleen A. Smith, Library Technician, Community Services/Library Services

 

Presentation of Award to Employee with Fifteen Years of Service

Mr. Paul R. Larson, Senior Maintenance Specialist, Facilities Development & Management/Facilities Management/ Facilities Maintenance

 

Presentation of Award to Employees with Twenty Years of Service

Mr. James B. “Jackie” Benham, II, Fire Lieutenant/EMT, Public Safety/Fire Rescue

Mr. Mike TerMeer, Senior Landfill Supervisor, Environmental Services/Solid Waste Disposal Operations

 

Presentation of Award to Employee with Twenty-Five Years of Service

Ms. Linda J. Lorentz, Budget Office Coordinator, Budget

 

Presentation of Award to Retiring Employee with Nineteen Years, Three Months of Service

Ms. Sue Gullickson, Contracting Officer, Procurement Services (not present)

 

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC WORKS - SOUTH CLERMONT CONNECTOR

Mr. Jim Stivender, Public Works Director, presented the request for approval and authorization to award the South Clermont Connector New Construction Project Number 2006-01, Bid Number 06-021, to DeWitt Excavating, in the amount of $13,133,228.93, and to encumber $13,133,228.93 from the Road Impact Fee Fund, Commission District 2 - Benefit District 5. He stated that the southern connector has been proposed longer than ten years and is the largest road project the Board has awarded in at least 25 years. In showing an aerial map, he stated that the connector will improve and/or change the whole traffic pattern in the area. The southern connector connects Lakeshore Drive and Lake Louisa Road to U.S. Highway 27 (Hwy 27) and to Citrus Tower Boulevard. He noted that Lakeshore Drive currently has over 13,000 cars per day while Lake Louisa Road has over 5,000 cars per day. On the northern portion, Lakeshore Drive connects to Hook Street which connects to State Road 50 (SR 50).

Mr. Stivender explained that the completion of Hook Street over to Citrus Tower is under construction now. There will be a new signalized intersection and a north/south route. Other current construction, in the southeastern portion, connects Hancock Road and Hartwood-Marsh Road to Hwy 27. Hancock Road has almost 7,000 cars per day on the south end and the north end, near SR 50, has almost 16,000 cars per day.

Being awarded today is the construction and continuation of Citrus Tower Boulevard, down to and crossing Hwy 27 to Lake Louisa Road and to Lakeshore Drive. That connection, basically, will be the pipeline to shuttle traffic out to Hwy 27 and SR 50 and to Orlando. He stated that a substantial drop in traffic is expected on Lakeshore Drive and on Lake Louisa Road because the connector will be much shorter. The two lakeshore roads will be more scenic drives than they have been in recent years because of the drop in traffic. The connector will be a four-lane highway and will break down to two lanes.

Mr. Stivender explained that there will be a signalized intersection at Hwy 27. He stated that they will work their way into the neighborhoods, trying to minimize the impact of truck traffic on Lakeshore Drive and Lake Louisa Road. He stated that construction will take about 300 days and will begin in about 35 days.

Other jobs in the area include design at Hartwood-Marsh Road and design of the connection from Lake Louisa Road to Hancock Road. The signal will be built this year at the intersection of Hancock Road and Hartwood-Marsh Road and right of way is being acquired at the intersection of Johns Lake and Hancock Road to signalize and install turn lanes there.

Commr. Pool thanked staff for many years of trying to work through this process. He stated that this project will make the roads much safer and will be an asset.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved and authorized to award the South Clermont Connector New Construction Project Number 2006-01, Bid Number 06-021, to DeWitt Excavating, the lowest bidder, in the amount of $13,133,228.93, and to encumber $13,133,228.93 from the Road Impact Fee Fund, Commission District 2 - Benefit District 5.

OTHER BUSINESS

APPOINTMENT - BOARD OF BUILDING EXAMINERS

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board appointed  Robert Woodward, architect, to a vacant position on the Board of Building Examiners to complete an unexpired term ending January 14, 2007.

APPOINTMENTS - LAKE COUNTY LIBRARY ADVISORY BOARD

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board affirmed the appointment of Mount Dora City Councilmember Melissa DeMarco to the vacant position on the Lake County Library Advisory Board; and affirmed the reappointment of Catherine Gillespie as the alternate member, representing the W.T. Bland Public Library.

REPORTS - COUNTY ATTORNEY

AMENDMENT TO LEASE AGREEMENT - SARVIS BUILDING

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board approved the Amendment to Owner/Tenant/Landlord Agreement between A. Munroe Sarvis and Lake County for storage space in the Sarvis Building located in Tavares; adding one additional storage unit for the Lake County Sheriff.

AMENDMENT TO REAL ESTATE PURCHASE - COOPREE, INC.

Mr. Sandy Minkoff, County Attorney, presented the request for approval of an Amendment to Real Estate Purchase and Sales Agreement between Coopree, Inc. and Lake County for an easement for ingress, egress and provision of utility services over and across a portion of Lot 37 and Home Depot Replat Lot 2 for an extension of time. This is the contract where the 80 acres is adjacent to the Christopher C. Ford Commerce Park where the property owner was going to be buying an access from us to make this part of the Commerce Park. He advised, as an aside, that the litigation involving the sale of the large piece has been resolved because Mr. Richard Langley and the objector have come up with an agreement.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved the Amendment to Real Estate Purchase and Sales Agreement between Coopree, Inc. and Lake County for an easement for ingress, egress and provision of utility services over and across a portion of Lot 37 and Home Depot Replat Lot 2 for an extension of time.

REPORTS - COUNTY MANAGER

DEPARTMENT REORGANIZATIONS

Ms. Cindy Hall, County Manger, explained the request for approval of department reorganizations in Community Services, Public Works, Environmental Services, Employee Services, and Board Administration/County Manager’s Office, pursuant to Lake County Code, Chapter 2, Administration. The changes are due to refinement of the reporting structure due to establishment of higher priorities in certain areas. Ms. Hall noted the changes as listed in the backup material. She advised that no new positions were created.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 3-0, the Board approved department reorganizations in Community Services, Public Works, Environmental Services, Employee Services, and Board Administration/County Manager’s Office, pursuant to Lake County Code, Chapter 2, Administration.

ORANGE COUNTY - CONSUMPTIVE USE PERMIT

Mr. Gregg Welstead, Deputy County Manager, reported on issues related to Orange County’s Consumptive Use Permit (CUP) and impacts on Lake County’s water supply. He explained that, about two years ago, the Board directed staff to appeal Orlando Utilities’ CUP and we were able to gain some concessions for the future with alternative water supplies. Now, Orange County is in the process of updating their CUP for an additional twenty years. He stated that Lake County needs to pay better attention to what is going on around us with water supply. Orange County is looking for additional water and that water, ultimately, will come from Lake County. He advised that a discussion of the CUP will be on the Lake County Water Alliance’s agenda tomorrow night.

Mr. Welstead stated that he discussed this item with the Water Alliance’s Technical Advisory Committee last week and he attended a meeting of several city managers last night to discuss the issue. He believes that the Water Alliance may request Lake County to intercede, on behalf of the Water Alliance, in the Orange County CUP request. The Orange County CUP will go to the St. Johns River Water Management District board for approval on March 7, 2006, and the public comment period may end on or about February 23, 2006. If the Water Alliance does ask Lake County to intercede, staff and the County Attorney’s Office would like the Board’s agreement to proceed with whatever documents as would be necessary to appeal that Consumptive Use Permit.

Mr. Sandy Minkoff, County Attorney, commented that there might be an administrative hearing over whether or not Orange County is drawing down too much water.

Mr. Welstead reported that a comment by the city managers last night was that the County should not be put in a position of having to foot the bill for this entire administrative hearing process.

Commr. Pool stated that Lake County does not furnish water and sewer while the municipalities do and some participation from them would be beneficial. He stated that it is prudent for this Board to make some final decisions about which direction we should go.

Mr. Welstead confirmed that there are alternative water supply provisions and reuse provisions but how those will impact Lake County is critical.

Commr. Hanson stated that this will effect our sustainability as a community as a whole for the County, including the cities.

Ms. Blanche Hardy, Environmental Services Director, stated that Lake County should have tremendous concern that Orange County is transferring their water in their north region to the City of Apopka. The concern is that would lower water that feeds wetlands in the Wekiva study area. They also are delegating their eastern region against the St. Johns and are proposing 100% reuse which makes that difficult to counter. She stated that her biggest concern is that they are looking at a 33% increase over the next 25 years and at least 20 million more gallons will go into Orange County. The source for that water is here.

Commr. Hanson explained that, even though they have 100% reuse, the reuse goes into their jurisdiction, not back to the Lake Wales Ridge in Lake County from which it came.

Ms. Hardy stated that a portion of their reuse goes into Conserve II so a small portion comes back into the Clermont area.

Commr. Pool pointed out that Orange County does not have directional wells under Lake County and they are not trucking or piping from us but the Floridan Aquifer, where they will draw from, is so large they will draw from all of us.

Ms. Hardy stated that Orange County was very careful to only model their impacts but the water supply in Lake County will be lowered noticeably by Orange County’s permit impacts and by OUC’s permit impacts. She stated that the majority of the numerous additional wells that Orange County proposes to install are in their south and southwest regions which are the areas of withdrawal closest to Lake County.

Mr. Minkoff stated that we could not appeal unless we could determine that there are grounds that they are violating either a St. Johns rule or a statute. We would have to do an analysis on the adverse impact on Lake County. If we could determine that, we would object to their permit and it would go to a state hearing officer who would make a recommendation to St. Johns. In the context of that objection, we could also negotiate with them to try and get additional protections.

Ms. Hardy confirmed that the entire allocation is groundwater, not surface water.

Commr. Hanson pointed out that Orange County is not a particularly high recharge area.

Ms. Hardy stated that the majority of the reuse that they recharge is taken to the western end of Orange County or into their Conserve II. She stated that the big recharge areas are in Lake County.

Commr. Hill asked if this is similar legally to the OUC case and if the Board should say it will legally pursue this case.

Mr. Minkoff opined that we should not get agreement to file the complaint now because we have some additional time. He advised that Attorney Doug Manson, of Carey, O’Malley, Whitaker & Manson, P.A., is on retainer with Lake County and will be asked to look at the permit to see if there is a basis to pursue a complaint.

Mr. Welstead advised that additional information will be brought to the Board, probably on February 21, 2006.

GOVERNOR BUSH’S PROPOSED BUDGET - EMERGENCY MANAGEMENT

Ms. Cindy Hall, County Manager, advised the Board that Governor Jeb Bush’s proposed budget includes $565 million that would be dedicated for emergency management. It is a one-time proposal that would be funded through excess sales tax at the state level. A portion, $69.8 million, is dedicated to construction of new EOCs and Lake County is actively pursuing that for grant funding.

At Ms. Hall’s request, the Board gave consensus to the Chairman to sign a letter to state legislators in support of the Governor’s proposal for $565 million dedicated to emergency management. She advised that Lake County can also apply for funding for generators for special needs shelters, security for low income housing, public awareness education programs, etc.

REPORTS - COMMISSIONER HILL - DISTRICT #1

BOUNDLESS PLAYGROUND

Commr. Hill reported that a banquet/auction was held by Channel 9 and featured Boundless Playgrounds. A fifth grader from Treadway Elementary School represented Lake County’s Boundless Playground and is featured on a billboard in Orlando. Commr. Hill will obtain the Channel 9 tape and possibly show it on the County’s web site.

REPORTS - COMMISSIONER POOL - DISTRICT #2

VISTA DEL LAGO BOULEVARD

Commr. Pool asked Mr. Jim Stivender, Public Works Director, to bring forward staff’s recommendation regarding the continuation of the closure of Vista Del Lago Boulevard so that the Board can take action. He stated that he continues to get calls from residents, some who want it open and some who want it to remain closed.

NOISE COMPLAINTS - INDUSTRIAL PARK EAST OF CLERMONT

Commr. Pool stated that County residents continue to complain about noise from the industrial park east of Clermont near the proposed mall. Work at a concrete plant in the park is taking place about 3:30 every morning. He asked the County Attorney if the hours of operation can be minimized to give County residents the peace and quiet they deserve.

Mr. Sandy Minkoff, County Attorney, advised that Code Enforcement is aware of the situation and he will speak with staff.

REPORTS - COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4

PROCLAMATION - VIOLA DAYS

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 3-0, the Board approved the execution of Proclamation 2006-22 designating the month of February 2006 as “Viola Days” to honor those who died or were disabled during war.

JOINT MEETING WITH CITY OF EUSTIS

Commr. Hanson noted that the Board’s joint meeting with the City of Eustis will be held Thursday, February 23, 2006, at 6:30 p.m., at the Eustis Memorial Library’s Community Room, 120 North Center Street, Eustis, Florida.

Ms. Hall will prepare an agenda and information in advance of the meeting for the Commissioners.

CITIZEN QUESTION AND COMMENT PERIOD

John Page

Mr. John Page expressed concern and disappointment with the process of the Value Adjustment Board (VAB) hearings which he attended this morning. He opined that the written appeal information that was submitted either did not get to the VAB or the VAB did not review it. He stated that it seemingly fell on the shoulders of County Attorney Sandy Minkoff as far as interpretation and decision of the written appeals. He asked the Board of County Commissioners to re-evaluate that process or participate in it at a much deeper level.

Commr. Hill commented that the VAB did receive the full written document which was sent to Mr. Minkoff for a second opinion in January. All other previously submitted evidence was previously given to the VAB members. She stated that she feels the process is a good process.

Mr. Page stated that, as he understands it, the Special Magistrate, who is an attorney, made decisions based on his attorney background and understanding and interpretation of the hearing. He stated that the County Attorney, basically, said the Special Magistrate misinterpreted the law. He stated that the information Mr. Minkoff gave swayed the VAB to the decision to go along with the recommendations of the Lake County Property Appraiser. He stated that he does have avenues to appeal those decisions. He reiterated that his concern and disappointment is with the process and he asked that they look at the process and the participation of the Special Magistrate, the County Attorney and the Value Adjustment Board in the decisions that would be determined based on written appeal information which was submitted, with no participation from the person giving the appeal.

Travis Whigham

Mr. Travis Whigham, Forest Hills Association, stated that northeast Lake County needs industry and businesses because there is no public health facility, no grocery store, and no movie theaters in the area. He asked that those businesses, as well as a shopping center, be allowed in that area in the Comprehensive Plan. Regarding site proposals, he stated that the number of residents per 100 square miles, which would be 10 miles in each direction, should be considered. He stated that these Lake County residents cross the county line every day to do business in Volusia County and Lake County is losing millions of dollars in tax revenue.

Regarding transportation issues in northeast Lake County, Mr. Whigham stated that he has been invited to a meeting with VOTRAN, Volusia County’s Public Transit System.

Commr. Hanson pointed out that the area in northeast Lake County is an environmentally sensitive area and the plan is to have very low density. She hopes that the Comprehensive Plan will address the ability to have small businesses in the existing villages (Lake Mack, Lake Kathryn, Paisley, and Pine Lakes) so that some of those services can be provided. She stated that there will not be a mall, a shopping center or light industry in the area.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.

 

__________________________________

CATHERINE C. HANSON, CHAIRMAN

ATTEST:

 

 

__________________________

JAMES C. WATKINS, CLERK