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