A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
APRIL
4, 2006
The
Lake County Board of County Commissioners met in regular session on Tuesday,
April 4, 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;
and Robert A. Pool. Commission Debbie
Stivender was not present, due to the illness of her father. Others present were: Melanie Marsh, Deputy County Attorney; Cindy
Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s
Office; and Sandra Carter, Deputy Clerk.
INVOCATION
AND PLEDGE
Reverend
Bob Beaver, Minneola Alliance Church, gave the Invocation and led the Pledge of
Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1
to the Agenda, containing a request from Procurement Services, under the County
Manager’s Departmental Business, regarding Phase 2A of the Judicial Center
Expansion, Detention Center, Energy Plant, and Multi Level Parking Garage
project.
MINUTES
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a
4-0 vote, the Board approved the Minutes of December 20, 2006 (Regular
Meeting), as presented.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a 4-0 vote, the Board approved the Minutes of March 7, 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
4-0 vote, the Board approved the following requests:
List
of Warrants
Request
to acknowledge receipt of list of warrants paid prior to this meeting, pursuant
to Chapter 136 of the Florida Statutes, which shall be incorporated into the
Minutes as attached Exhibit A and filed in the Board Support Division of the
Clerk’s Office.
Contractor
Bonds
Request
for approval of Contractor Bonds – New and Cancellation, as follows:
New
6413-06 Willard R. Keene, Jr. d/b/a Royal Screen Enclosures, Inc.
6457-06 Center
State Electric, Inc.
6458-06 Dale
A. Bork/Apex Solutions, Inc.
6459-06 Wendell
Ulmer d/b/a Heaven Sent, LLC
6460-06 Kenneth
Markiewicz d/b/a Proline Electrical Contractors
6461-06 St.
Johns Dock Builders, Inc.
6462-06 Bob
Clouse d/b/a Bob Clouse Plumbing, Inc.
6463-06 William
Gordon/Soundwaves Audio Video Interiors, Inc.
6464-06 Miguel
G. Donastorg, Jr.
6465-06 Roger A. Slagle d/b/a Hawthorne
Residents Cooperative Assoc., Inc.
Cancellation
6427-06 Cool Zone AC, Inc.
Consolidated
Annual Report from Southwest Florida Water Management District
Request
to acknowledge receipt of copy of Consolidated Annual Report, dated March,
2006, from the Southwest Florida Water Management District, pursuant to Section
373.036(7), Florida Statutes.
Proposed Budget
for Fiscal Year 2006/2007 from The Estates at Cherry Lake Community
Development
District
Request
to acknowledge receipt of the Proposed Budget for Fiscal Year 2006/2007
(October 1, 2006 – September 30, 2007), from The Estates at Cherry Lake
Community Development District.
Annexation
Ordinance from the City of Tavares
Request
to acknowledge receipt of Annexation Ordinance No. 2006-10 (vacant property),
amending the boundaries of the City of Tavares, by annexing approximately 5.8
acres, located on the southern side of CR 448, approximately 450 feet east of
the intersection of CR 561 and CR 448.
Passed and ordained the 15th day of February, 2006, by the
City Council of the City of Tavares, Florida.
Lake County Water Authority’s
Annual Financial Audit for 2004/2005 and Annual
Financial
Report
Request
to acknowledge receipt of the Lake County Water Authority’s Annual Financial
Audit for 2004/2005, and Annual Financial Report.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved the following requests:
Budget
Budget
Transfer – Emergency 911 Fund, Department of Public Safety, Communications
Systems Division, E911 Section. Transfer $165,000.00 from Reserve for
Operations to Overtime ($5,000.00), Office Supplies ($10,000.00), Machinery and
Equipment ($100,000.00), and Aids to Government Agencies ($50,000.00). Funds
needed for Overtime for EOC staffing costs for emergencies. Funds needed for
Office Supplies to purchase software for an electronic documentation system.
Funds needed for Machinery and Equipment for laptop computers, to replace the
current desktops, and for hardware for the electronic documentation system.
Funds needed for Aids to Government Agencies, for other agencies to purchase
ergonomic call taker stations, a call center-sized UPS, and ergonomic chairs.
Funds available in Reserve for Operations.
Budget
Transfer – County Transportation Trust Fund, Department of Public Works, Road
Operations Division. Transfer $75,000.00 from Road Repair and Maintenance to
Professional Services. Additional funds are required in Professional Services,
for design costs for the guardrail replacement program and the County drainage
improvement program. Funds available in Road Repair and Maintenance.
Budget
Transfer – Building Services Fund, Department of Growth Management, Building
Services Division. Transfer $100,000.00 from Reserve for Operations to
Contractual Services. Building Services is scanning/microfilming the backlog of
building permits and construction plans. Additional funds are needed to
complete the remaining boxes. Funds available in Reserve for Operations.
Budget
Transfer – General Fund, Non-Departmental. Transfer $5,500.00 from Reserve for
Operations to Professional Services. Additional funds needed to pay R. W. Beck,
Consultant, for FEMA Appeals Support. Funds available in Reserve for Operations
Budget
Transfer – County Fire Control Fund, Public Safety Department, Fire Rescue
Division. Transfer $178,132.00 from Fire Station Repair and Maintenance to
Repair and Maintenance ($25,000.00), Office Supplies ($25,000.00), and
Operating Supplies ($128,132.00). Additional funds needed in Repair and
Maintenance, Office Supplies, and Operating Supplies. All funds will be
transferred out of the Fire Station Repair and Maintenance account, which will
no longer be used, due to the inability to properly utilize the funds as
initially intended. Funds available in Fire Station Repair and Maintenance.
Budget
Transfer – General Fund, Non-Departmental. Transfer $100,000.00 from Reserve to
Contingency to Aids to Government Agencies. On March 14, 2006, the Board of
County Commissioners approved the commitment of $100,000.00 for the proposed
UCF Medical School. Funds available in Reserve for Contingency.
Budget
Transfer – General Fund, Non-Departmental. Transfer $2,200.00 from Reserve for
Operations to Rentals and Leases. The Supervisor of Elections has requested
funds to rent space to conduct poll worker training for the September 5, 2006
primary election. Funds available in Reserve for Operations.
Community
Services
Request for approval of Resolution No.
2006-54, recognizing the accomplishments of Lake County's volunteers and
declaring the month of May, 2006, as "Volunteer Appreciation Month"
in Lake County.
Request for approval to provide
$6,000.00 in matching funds, to support a grant award from HUD to the
Mid-Florida Homeless Coalition, in the amount of $78,143.00, to support the
development of a four-county Management Information System; authorization for
the Chairman to sign a letter of support and commitment of $6,000.00; and
approval of related budget transfer from General Fund Reserves, in the amount
of $6,000.00.
Request
for approval to renew a Host Agency Agreement between Experience Works and the Lake
County Board of County Commissioners, as the host agency.
Request
for approval for the Department of Community Services staff to submit an
application for the Florida Commission for the Transportation Disadvantaged
Trip and Equipment Grant for Fiscal Year 2006/2007, as well as supporting
Resolution No. 2006-55.
Employee
Services
Request
for approval of the new Lake County Wellness Policy, declaring Lake County's
commitment to employee wellness.
Procurement
Services
Request
for approval and authorization for Procurement Services to procure one cutaway
bus from grant funds received from the Florida Department of Transportation,
Section 5310, Transit Grant Funding for Fiscal Year 2005/2006.
Request
for approval of a change order request to blanket Purchase Order No. 24000
(currently the purchase order is for $10,000.00) to Heritage Propane, by
increasing the purchase order $16,418.00, bringing the total purchase order
amount to $26,418.00.
Request
for approval and authorization to waive bid requirements and standardization of
Naztec, Inc. traffic signal equipment.
Request
for approval to declare list of items submitted (contained in backup material)
surplus to County needs; authorize the removal of said items from the County's
official fixed asset inventory system records; and authorize the Procurement
Services Director to sign the vehicle titles.
Public
Safety
Request
for approval and signature on Resolution No. 2006-56, setting the annual wire
line E911 fee at fifty cents ($.50), pursuant to the requirements of Florida
Statute 365.171.
Request
for approval for the Department of Public Safety, Fire Rescue Division, to
submit a grant application to the United States Fire Administration Assistance
to Firefighters Grant Program, which is administered by the Department of
Homeland Security, to help fire service agencies improve the health and safety
of the public and emergency response personnel.
Public
Works
Request
for approval and authorization to accept the final plat for Overlook at Lake
Louisa, Phase II, and all areas dedicated to the public, as shown on the
Overlook at Lake Louisa, Phase II, final plat; accept a Letter of Credit, in
the amount of $878,925.30; and execute a Developer's Agreement for Construction
of Improvements between Lake County and The Greater Construction Company.
Overlook at Lake Louisa, Phase II, consists of 105 lots – Commission District
2.
PRESENTATION
PROPOSED
CREATION OF TWO NEW PRECINCTS
Ms.
Emogene Stegall, Lake County Supervisor of Elections, addressed the Board
stating that she was proposing to split the 4,000 registered voters in Precinct
No. 61 (Plantation at Leesburg) and create Precinct No. 101, with their polling
place to be at their new Hermitage Hall; and split the 3,600 registered voters
in Precinct No. 97 (Summit Greens) and create Precinct No. 102, with their
polling place to be at their Clubhouse.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved a request from Ms. Emogene Stegall, Lake County
Supervisor of Elections, for approval of the creation of two new precincts –
Precinct No. 101 (Hermitage Hall at The Plantation at Leesburg) and Precinct
No. 102 (the Clubhouse at Summit Greens).
PRESENTATIONS/PERSONAL
APPEARANCES
The
Chairman presented the following Plaque and Awards:
BOARDS/COMMITTEES
PLAQUE
Industrial
Development Authority
Carl
Lunderstadt – for service from 1994-2006
EMPLOYEE
AWARDS
Presentation
of Award to Employees with Five Years of Service
Cynthia
A. McManus, Document Services Associate, Procurement Services/Document Services
Dewey
K. Anderson, Jr., Senior Building Inspector, Growth Management/Building
Services/Main Office
Presentation
of Award to Employees with Ten Years of Service
Diane
D. Kamp, Director of Lake County Museums & Curator, Economic Development and
Tourism/Historical Museum
Presentation
of Award to Employee with Twenty Years of Service
Kenton
J. Tombow, Senior Landfill Attendant, Environmental Services/Solid Waste
Administration
PRESENTATION
PUBLIC
HEALTH WEEK PROCLAMATION
Mr.
Fletcher Smith, Community Services Director, presented Ms. Pam Steinke, Lake County
Health Department Administrator, with a Proclamation Identifying the Week of
April 3 through 9, 2006, as Public Health Week.
PRESENTATION
LAKE COUNTY HEALTH DEPARTMENT
STATUS REPORT AND OVERVIEW
OF
SERVICES
Ms.
Pam Steinke, Lake County Health Department Administrator, addressed the Board
and presented a brief status report and overview of the services that the Lake
County Health Department provides to the citizens of Lake County, at which time
she gave a slide presentation and answered questions from the Board regarding
same.
PRESENTATION
UPDATE
ON STATUS OF MT. PLYMOUTH-SORRENTO ADVISORY COUNCIL
Ms.
Shannon Suffron, Senior Planner, Planning and Development Services, Growth
Management Department, addressed the Board and gave a brief power point
presentation, updating them on the activities of the Mt. Plymouth-Sorrento
Advisory Council. She stated that, with
the help of staff, as well as a consultant with the non-profit leg of Canin
& Associates, the Council drafted some development policies, to help
address development in the Mt. Plymouth-Sorrento area, at which time she noted
that, currently, development is allowed in that area at a density of up to 5.5
dwelling units per acre, outside of the Wekiva Protection Area, but within the
urban compact node, but it is not defined as to where that density can go – it
is pretty vague. She stated that they
have tried to refocus where those densities could go, noting that they are not
proposing to change anything, but more to redirect and refocus in an area that
makes more sense. She reviewed some of
the policies that they have come up with, as follows:
Ms.
Saffron informed the Board that a Design Charrette has been scheduled to be
held on April 29, 2006, at Round Lake Elementary School, from 9:00 a.m. to 1:00
p.m., with the focus being on the Main Street district. She noted that all the property owners and
business owners within the Main Street district, as well as some consultants
from Canin and Associates, have been invited to attend the charrette, which
staff is excited about, in that they feel it is going to produce some great
things, with regard to design standards, land development regulations,
etc. She stated that she feels some
great partnerships are going to be created between the development community
and the community that currently exists in the area.
Commr.
Hanson praised Ms. Saffron for doing an outstanding job in turning the Mt.
Plymouth-Sorrento Advisory Council around and getting it moving in a very
positive direction.
It
was noted that Ms. Saffron would be leaving Lake County, at which time Commr.
Hanson stated that she was sorry Ms. Saffron was leaving the County and that
she would be greatly missed.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES
AGRICULTURAL EXTENSION AGENT
POSITION
Ms. Deborah Boulware, County Extension
Director, Lake County Extension Service, addressed the Board and introduced Mr.
Richard Royal, Chairman, Citrus Extension Advisory Committee, who requested the
Board to keep the Citrus Extension Fruit Crops Agent position, after Mr. John
Jackson, Lake County Extension Agent, retires July 31, 2006, after 38 years
with the University of Florida, in Lake County.
It was noted that the University of Florida has already agreed to their
part of the request.
On a motion by Commr. Pool, seconded
by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for
approval of a request from the local Citrus Extension Advisory Committee to
keep the Citrus Extension Fruit Crops Agent position and convey this request to
the University of Florida’s Dean for Extension; and to employ the new extension
agent two weeks prior to Mr. John Jackson's retirement, on July 31, 2006.
COMMUNITY
SERVICES
LEASE
AGREEMENT FOR SUITE NO. 4 AT VAN DEE BUILDING
Mr.
Fletcher Smith, Community Services Director, addressed the Board and explained
this request, stating that it was a request to rent 1,450 additional square
feet of space at the Van Dee Medical Building, in downtown Eustis, for the Lake
County Health Department. He stated that
the Health Department has agreed to cover the additional cost of said space, up
through the end of this year, which amounts to over $10,000.00. He stated that staff was asking for approval
of the request.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 4-0 vote, the Board approved a request from Community Services for approval
of Lease Agreement for Suite No. 4 at the Van Dee Medical Building, Eustis,
Florida, for the Lake County Health Department, and renewal of the Lease
Agreement for the Van Dee Medical Building for two additional years, beginning
March 1, 2007, with the option of two additional one year terms.
COMMUNITY
SERVICES
FIRST AMENDMENT TO 2005/2006
COMMUNITY DEVELOPMENT BLOCK
GRANT PARTNERSHIP AGREEMENT
BETWEEN LAKE COUNTY AND
TOWN
OF MONTVERDE
Mr.
Bill Gearing, Community Enhancement Coordinator, Community Services, presented
this request, asking that approval of it be contingent upon approval of Tab 26,
a request for approval of Minor and Substantial Amendments to the Federal
Fiscal Year 2005 One Year Action Plan.
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a
4-0 vote, the Board approved a request from Community Services for approval of
the First Amendment to the 2005/2006 Community Development Block Grant
Partnership Agreement between Lake County and the Town of Montverde; and
authorization for the Chairman to sign the Amendment, contingent upon the
approval of Minor and Substantial Amendments to the Federal Fiscal Year 2005
One Year Action Plan.
ECONOMIC
DEVELOPMENT AND TOURISM
PRESENTATION OF RESOLUTIONS AND
AWARDS FOR PARTICIPATION IN
TRAINING OF DISABLED THROUGH JOBS
GROWTH INVESTMENT TRUST
FUND
PROGRAM
Mr.
Greg Mihalic, Economic Development and Tourism Director, addressed the Board
stating that they had before them the first five businesses to take advantage
of the new Jobs Growth Investment (JGI) Disabled Worker Plan, noting that, in
November of 2005, staff presented the Board with a revised plan, which had not
been used in approximately 10 years. He
stated that staff revised the plan, with the assistance of Sunrise ARC, the
County’s Workforce Development provider.
He stated that the businesses alluded to in this request will each be
recognized with a Resolution, as well as a check, in the amount of $3,000.00.
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a
4-0 vote, the Board approved a request from Economic Development and Tourism
for approval and signature on five resolutions and awards of $3,000.00 each to
the following businesses, for participating in training of the disabled,
through the Jobs Growth Investment Trust Fund Program:
Publix Supermarkets, Inc. (Store No.
447), in Lady Lake (Resolution No. 2006-57)
Public Supermarkets, Inc. (Store No.
440), in Mount Dora (Resolution No. 2006-58)
TJ Maxx, in Lady Lake (Resolution
No. 2006-59)
Wal-Mart Stores, Inc., in Clermont
(Resolution No. 2006-60)
McDonald's Restaurant, in Groveland
(Resolution No. 2006-61)
PUBLIC
WORKS
FINAL
PLAT FOR SADDLE RIDGE
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board stating that
this request was for approval of the final plat for Saddle Ridge, however,
noted that the County received a letter of opposition from an individual who
claims ownership of the mineral rights on the land.
Ms.
Nancy Noblin, the individual alluded to by Mr. Stivender, addressed the Board
stating that she owns the mineral rights to the land in question, at which time
she read a statement into the record about said mineral rights. She stated that she is a fourth generation
member of one of Lake County’s founding families, who once owned 10,000 acres
in the County, which stretched from Lady Lake to Lake Griffin. She stated that her family founded many of
the County’s services and institutions and has been recognized for lifelong,
honest, and faithful service to the Lake County community. She asked that the Board deny the request
before them, because it is based upon false and misleading information and
omissions, which she elaborated on. She
stated that the applicant, Mellado Properties, LLC, has represented that he is
the sole owner of the subject property and that he has a proper full warranty
deed to it, which is false, noting that the subject property has been divided
into two estates – the surface estate and the mineral estate. She stated that the applicant owns the
surface estate and she owns the mineral estate and that the law provides that,
when property is divided into two such estates, the mineral estate is the
dominant estate. She stated that the
title opinion in support of this application was prepared by the previous owner
of the property and is fraught with false and misleading claims and omissions,
which she further elaborated on. She
stated that she realized the Board could not take any legal action, with regard
to this matter, however, noted that it could insist that all applicants present
correct and complete information, when submitting applications and requesting
action by the Board.
Ms.
Melanie Marsh, Deputy County Attorney, informed the Board that the County
Attorney’s Office had looked at this issue, prior to this meeting, at which
time she noted that the general rule regarding mineral estates is that a
reservation of grant of mineral rights reflects the intent on the part of the
parties to sever the service estate from the underlying mineral estate and
create two separate estates. She stated
that, for the purposes of approving the plat in question, the legal opinion
from her office is that the developer possesses the right to convey the surface
property, subject to any easements Ms. Noblin may have. She stated that Ms. Noblin’s potential
ownership in the property does not prohibit the Board from approving the plat
before them, noting that Ms. Noblin would have to take any issues that she has,
regarding access to the property, or anything of that nature, to civil court,
but it does not affect the Board approving the plat this date for the surface
estate, which is what the developer owns.
Ms.
Noblin readdressed the Board, in response to said comment, noting that she
feels very clear in her rights and that she has found the number of calls that
she has received from individuals who have purchased property, only to find
that the banks and attorneys will not allow them to build on it, due to the
problem she alluded to, very disappointing.
She suggested that the Board separate itself from the legal issues and
that, until the applicant has a full warranty deed and comes before the Board
with a clear and correct application and title, the request should be denied.
Ms.
Marsh informed the Board that, once they approve a plat, the developer has 21
days to provide the County Attorney’s Office with a title opinion, which they
will review, prior to signing off on the plat and sending it through to the
Board for signature. She noted that they
would take Ms. Noblin’s comments into consideration, when they look at the
final title opinion, to make sure that it is correct, which they would then
pass on to whatever buyers purchase the property.
Mr.
Richard Berkholtz, Attorney, representing Mellado Properties, addressed the
Board stating that he did the preliminary title opinion and that the applicant
has not tried to mislead anybody, by saying that there was not the possibility
that somebody might have some subsurface rights. He stated that they agree entirely with the
County Attorney, with regard to several Supreme Court cases that cited the
severance of the subsurface property from the surface property. He stated that they believe the ownership, if
there is an ownership interest in the subsurface property, does not interfere
with the grant of a plot in this case.
Commr.
Pool questioned whether, if one has mineral rights on a parcel of property, but
it is not zoned to extract said mineral rights, the County would allow said
individual to do so.
Ms.
Marsh stated that the individual would have to have the proper zoning and
permits from the County to extract said minerals.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried, by a 3-1 vote,
the Board approved a request from Public Works for approval and authorization
to accept the final plat for Saddle Ridge and all areas dedicated to the
public, as shown on the Saddle Ridge plat.
Saddle Ridge consists of 23 lots – Commission District 5.
Commr.
Pool voted “No”.
ADDENDUM
NO. 1
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)
PROCUREMENT
SERVICES
FIRST ADDENDUM TO PHASE 2A OF
JUDICIAL CENTER EXPANSION
DETENTION CENTER, ENERGY PLANT,
AND MULTI-LEVEL PARKING
GARAGE
Mr.
Jim Bannon, Facilities Development and Management Director, addressed the Board
and requested approval of the following, associated with HLM Design Heery
International, Inc., for the design of the Judicial Center Expansion, Detention
Center, Energy Plant, and Multi Level Parking Garage:
(1) Not
to exceed Design Services Fee for Phase 2A $2,011,628.00
(2) Not
to exceed Direct Expenses allowance for the above 20,000.00
(3) Approval of usage of Design Services
contingency up to 100,000.00
Mr.
Bannon stated that the Board agreed on the fees for the schematic design of the
facility, but this request was for approval of the complete design services up
to design development, construction documents, and contract
administration. He stated that the
Design Services Fee is based on 6% of the estimated construction cost, which
the Board had before them, in their backup material; the Direct Expenses
allowance is to cover printing, etc.; and the Design Services contingency is
for any Change Orders.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a 5-0 vote, the Board approved a request from Procurement Services for approval
and authorization to execute the First Addendum, to cover the work to be done
under Phase 2A, for RSQ No. 05-031, Judicial Center Expansion, Detention
Center, Energy Plant, and a new Multi-Level Parking Garage; and authorization
for Mr. Jim Bannon, Facilities Development and Management Director, to execute
Change Orders, not to exceed $100,000.00.
PUBLIC
HEARING
ORDINANCE CONCERNING CHANGE TO
ELDER AFFAIRS COUNCIL
INVOLVING
TERMS OF APPOINTMENT
Ms.
Melanie Marsh, Deputy County Attorney, placed the proposed ordinance on the floor,
for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF LAKE
COUNTY, FLORIDA; AMENDING SECTION
2-90.50, LAKE COUNTY CODE,
REGARDING MEMBERSHIP OF THE LAKE
COUNTY ELDER AFFAIRS
COORDINATING COUNCIL; AMENDING THE
TERM OF THE DISTRICT
APPOINTEES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
INCLUSION
IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE.
Commr.
Hill informed the Board that this was her newest committee and that Ms. Allison
Thall, Director of Elder Affairs, was doing a wonderful job in her new
position.
The
Chairman opened the public hearing.
No
one was present in opposition to the request.
There
being no one present who wished to address the Board, the Chairman closed the public
hearing.
On
a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a
4-0 vote, the Board approved Ordinance No. 2006-36, Concerning a Change to the Elder Affairs Council Involving Terms
of Appointment, as presented.
PUBLIC
HEARING
ORDINANCE
CONCERNING NEW PLAT RULES (FINAL PLAT REQUIREMENTS)
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board and explained
this request, at which time he reviewed the changes being proposed (contained
in the Board’s backup material), which is necessitated, to establish rules for
higher quality maps, with requirements specific to Lake County’s needs. This revision would also ensure greater
efficiency, cost effectiveness, and ease of use. The Local Planning Agency reviewed and unanimously
approved the proposed changes.
Ms.
Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the
floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE
COUNTY,
FLORIDA; AMENDING SECTION 14.07.07, LAKE COUNTY CODE,
APPENDIX
E, LAND DEVELOPMENT REGULATIONS, ENTITLED FINAL PLAT
REQUIREMENTS;
INCREASING THE REQUIRED PLAT SHEET SIZE TO 24” X
36”;
IMPLEMENTING A MINIMUM TEXT SIZE OF 0.10 INCH IN HEIGHT;
IMPOSING
METAL ROD REQUIREMENTS AND SPECIFICATIONS FOR
PERMANENT
REFERENCE MONUMENTS (PRMs); IMPOSING MINIMUM OF
TWO
FLORIDA STATE PLANE COORDINATE POINTS ON SUBDIVISION PLAT
BOUNDARIES;
IMPOSING VICINITY MAP REQUIREMENT AND
SPECIFICATIONS;
REQUIRING VERIFICATION OF FIELD PRMs BY LAKE
COUNTY;
REQUIRING PLATS IN SPECIAL FLOOD HAZARD AREAS TO SHOW
A MINIMUM
OF 2 BENCHMARKS AND ELEVATIONS ON THE PLAT;
PROVIDING
THAT ALL EASEMENTS AND RIGHTS OF WAY BE
GRAPHICALLY
DEPICTED; PROVIDING FOR SEVERABILITY; PROVIDING
FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Hanson stated that it has
been recommended that the County have a landscape architect, to look at
properties before they are developed, so that they can see what resources may
be there that the County may want to develop around, rather than just clearing
land and constructing a development.
Ms. Carol Stricklin, Growth
Management Director, addressed the Board stating that it was something the
County could look at, when doing the revisions to the Land Development
Regulations (LDRs). She stated that the
nature of the amendment that Mr. Stivender was bringing forth this date was
more technical, in terms of the process, but that, as staff looks at the
substance of the subdivision process, they will look at those conservation
design suggestions.
Commr. Hanson stated that she felt a
lot of the surveyors were already doing some of the changes being proposed, but
that her point in letting people know about said changes was so that they would
not follow the old regulations.
Ms. Marsh pointed out the fact that
the effective date of the Ordinance is 30 days after the date of enactment, so
people have a month to become aware of said changes.
Mr. Stivender informed the Board
that he received a letter from the Clerk’s Office stating that the size of the
plat being proposed is one that they can accept as a public record, which was
one of the key issues that he wanted to make sure the County had covered.
The Chairman opened the public
hearing.
No one was present in opposition to
the request.
There being no one present who
wished to address the Board, the Chairman closed the public hearing.
On a motion by
Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote,
the Board approved Ordinance No. 2006-37, Concerning New Plat Rules (Final Plat
Requirements), as presented.
PUBLIC HEARING
MINOR
AND SUBSTANTIAL AMENDMENTS TO THE FEDERAL FISCAL YEAR
2005 ONE YEAR ACTION PLAN
Mr. Bill Gearing, Community Enhancement
Coordinator, Community Services, addressed the Board stating that staff was
requesting approval of some proposed changes to the County’s Federal budget, as
explained in the FY 2005 One Year Action Plan, noting that they need to do so,
in order to bring the budget and action plan up to date with some project
changes and additions that staff feels needs to be done, which have come up
over the last few months. The changes
being proposed are as follows:
Activity FFY
2005 Proposed Amended
Budget Change FFY 2005
Budget
Lake Kathryn
Roadway Improvements $342,500 $116,683 $459,183
Montverde Sidewalk
Construction 40,000 0
40,000
Astatula Sidewalk
Construction Phase II 40,000 0
40,000
Cooler/Freezer for
Human Care Network
Distribution Center 0
15,000 15,000
Uncommitted Funds 166,683
(131,683) 35,000
The Chairman opened the public
hearing.
Mr. Roy Hunter, Northeast Lake Chamber
of Commerce, addressed the Board and thanked them for the Lake Kathryn roadway
improvements, noting that the community appreciated it. He asked that anything pertaining to
Northeast Lake County be advertised in The Daily Commercial, as well as the
North Lake Outpost, noting that the residents in that area receive those two
papers.
No one was present in opposition to
the request.
There being no further individuals
who wished to address the Board, the Chairman closed the public hearing.
On a motion by
Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote,
the Board approved Minor and Substantial Amendments to the Federal Fiscal Year
2005 One Year Action Plan, as presented.
OTHER BUSINESS
APPOINTMENTS TO HISTORICAL MUSEUM
ADVISORY COMMITTEE
On a motion by
Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote,
the Board appointed individuals to vacant positions on the Historical Museum
Advisory Committee, as follows:
Historical Society Member
Mr. Clayton Bishop
Historical Society
Alternate Member
Mr. Rick Reed
APPOINTMENT TO WE CARE OF LAKE
COUNTY, INC. BOARD OF DIRECTORS
On a motion by
Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote,
the Board appointed Mr. Fletcher Smith, Community Services Director, to the We
Care of Lake County, Inc.’s Board of Directors.
The Board commended Mr. Smith for
the great job he does for the County, noting that he has a lot to juggle and
they appreciate the job he does.
REPORTS – COUNTY ATTORNEY
PURCHASE OF PROPERTY FROM LANDS
AVAILABLE LIST
Ms. Melanie Marsh, Deputy County
Attorney, informed the Board that this was a request for approval to purchase
property located in the City of Eustis from the Lands Available List, declare it
surplus, donate the property to the City of Eustis, and execute all necessary
documents. She noted that the County
currently has Code Enforcement liens on the property, but did not foreclose on
it, because they knew the property was going up for a tax deed sale. She stated that it is now on the Lands
Available List and the County can expend the money, rather than going to
litigation. She stated that the City of
Eustis was contacted about the property and they are interested in it;
therefore, if the County buys it off the Lands Available List, they can donate
it to the City and the City will clean it up.
On a motion by
Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote,
the Board approved a request from the County Attorney for approval and
authorization to purchase property from the Lands Available List, located at
1533 Johnson Street, in the City of Eustis; declare the property surplus;
donate the property to the City of Eustis; and execute necessary documents for
the donation.
REPORTS – COUNTY ATTORNEY
LEASE
AGREEMENT BETWEEN LAKE COUNTY AND DOYLE YOCKERS FOR
ADDITIONAL SPACE FOR LAKE COUNTY
SHERIFF’S DEPARMENT
Ms. Melanie Marsh, Deputy County
Attorney, stated that this was a request for approval of a lease agreement for
additional storage space for the Sheriff’s Department.
Commr. Hill questioned how the
property that the County purchased on CR 473 was coming along and was informed
by Ms. Cindy Hall, County Manager, that the County is evaluating the cost of
renovating it, versus another alternative, and would be bringing a
recommendation back to the Board at a later date.
On a motion by
Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote,
the Board approved a request from the County Attorney for approval of a Lease
Agreement between Lake County and Mr. Doyle Yockers, for additional space for
the Lake County Sheriff's Department.
REPORTS – COMMISSIONER HILL –
DISTRICT 1
PROPOSED HOUSE BILL 949
Commr. Hill stated that on Tuesday, March
28, 2006, she went to Tallahassee, which was Florida Association of Counties
(FAC) Legislative Day, and wanted to commend Commr. Cadwell for doing an
excellent job in Tallahassee for Lake County.
She stated that House Bill 949, which pertains to municipalities and
authority limitation regarding ordinances, is currently being proposed and will
be discussed at a workshop, to be held in the Growth Management Department, at
2:00 p.m. this date. She encouraged anyone
who would like to oppose said Bill to do so.
A brief discussion occurred
regarding various Bills that are being proposed, at which time Commr. Cadwell
stated that local government is under attack this year, with regard to funding
from Tallahassee.
Commr. Hanson stated that there is
no way the County can have growth pay for itself, if the County’s funding
sources are pulled out from under it, noting that, even if the level of
services remains the same, the actual per capita ability to use those services
diminishes, or taxes have to increase somewhere else.
REPORTS – COMMISSIONER POOL –
DISTRICT 2
GROUNDBREAKING CEREMONY FOR
SOUTHERN CONNECTOR
Commr. Pool
informed the Board that the groundbreaking ceremony for the Southern Connector
will be held on Thursday, April 6, 2006, at 9:30 a.m., in Clermont.
REPORTS – COMMISSIONER POOL –
DISTRICT 2
CAMP CHALLENGE
Commr. Pool stated
that he wanted to thank those people who work at Camp Challenge for putting on
a great event recently. He stated that
they do great work, which benefits the entire Lake County community. He stated that the Board appreciates what
they do and wishes that everybody could do more. He noted that they are trying to raise funds
for improvements to their lodge, cabins, etc.
REPORTS – COMMISSIONER STIVENDER
– DISTRICT 3
OCCUPATIONAL HEALTH NURSING WEEK
PROCLAMATION
On a motion by
Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote,
the Board approved Proclamation No. 2006-62, declaring the week of April 17
through 21, 2006, as Occupational Health Nursing Week.
REPORTS – COMMISSIONER HANSON –
CHAIRMAN AND DISTRICT 4
“PERMANENT PROTECTION FOR FLORIDA
ACT OF 2006” RESOLUTION
On a motion by
Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote,
the Board approved Resolution No. 2006-63, supporting the “Permanent Protection
for Florida Act of 2006.”
REPORTS – COMMISSIONER HANSON
–CHAIRMAN AND DISTRICT 4
ENVIRONMENTAL
EDUCATION WEEK IN LAKE COUNTY AND “THE
WATERY WORLD OF WATERBIRDS” DAY
PROCLAMATION
On a motion by
Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote,
the Board approved Proclamation No. 2006-64, proclaiming the week of April 16
through 22, 2006 as Environmental Education Week in Lake County, and April 19,
2006 as "The Watery World of Waterbirds" Day.
Dr. Mary Anderson, Environmental
Education Chairman for the Oklawaha Valley Audubon Society, addressed the Board
stating that this was the third year for the Environmental Education Program,
noting that they have been very privileged to be able to work with 3rd,
4th, and 5th grade students in getting out the award
winning Audubon Adventure newspaper, which is published by the National Audubon
Society. She stated that they
appreciated the Board’s sponsorship and hope said information gets to the
parents and the community, noting that an important part of the program has
been the community awareness. She noted
that approximately 9,000 children are involved in said program.
REPORTS – COMMISSIONER CADWELL –
DISTRICT 5
FINAL FOUR NATIONAL BASKETBALL
CHAMPIONSHIP
Commr. Cadwell
suggested that Commr. Hanson write a letter to the University of Florida, as an
alumni, and on behalf of the Board, congratulating them on winning the Final
Four National Basketball Championship on Monday, April 3, 2006.
REPORTS
– COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4
(CONT’D.)
TROUT LAKE EVENT
Commr. Hanson stated that a very
nice event was held on Saturday, April 1, 2006, at Trout Lake. She noted that there was not much attendance,
but the exhibits and the educational efforts were outstanding.
REPORTS – COMMISSIONER HILL –
DISTRICT 1 (CONT’D.)
GROWTH
MANAGEMENT DEPARTMENT AND LAND PLANNING AGENCY
MEETINGS IN COMMUNITY
Commr. Hill reminded the Board that
the Growth Management Department and the Land Planning Agency (LPA) will be
going out into the community and holding meetings, starting Friday, April 7,
2006.
REPORTS – COMMISSIONER HILL –
DISTRICT 1
PARTICIPATION IN FESTIVAL OF
READING
Commr. Hill
informed the Board that, in conjunction with the Festival of Reading event, she
would be reading children stories at the Fruitland Park Library, on Wednesday,
April 5, 2006, at 10:30 a.m.
REPORTS – COUNTY MANAGER
(CONT’D.)
WIDENING OF HWY. 441 PROJECT
Mr. Jim Stivender,
Jr., Public Works Director, informed the Board that the County has received
bids back on four projects in the last two weeks and are meeting with the
vendors, to see what the issues are, which he noted are statewide issues and
have caused a couple of projects pertaining to the widening of Hwy. 441 to lag
behind. He stated that the County is
currently in a dilemma, with regard to same, which he elaborated on, noting
that staff is working through the problem and trying to come up with a
solution.
Commr. Cadwell stated that there is
talk on the State level about the Florida Department of Transportation (FDOT)
spending the next year or so just acquiring rights of way and let the market
clear itself.
Mr. Stivender stated that the State
can acquire rights of way and settle on prices easier and more competitively
than they can get the road construction done.
CITIZEN QUESTION AND COMMENT
PERIOD
Mr. Roy Hunter,
representing the Northeast Lake Chamber of Commerce, addressed the Board and
read into the record a letter that he had written to the Editor of the Lake
Sentinel, with regard to a grant that the County received for a hiking path,
water fountain, and a horse shoe court at a park in Paisley, and are now trying
to get a shuffleboard court and permanent his and hers bathrooms at the
park. He then addressed the fact that a
Veterans Services representative was sent to the Paisley Library once a month,
to save veterans in the area a 20 mile trip to Tavares, but, when no one showed
up, the service was discontinued. He
questioned whether the Mobile Health Clinic will be discontinued, as well, if
the residents in the area do not use it.
He stated that the residents need to use the facilities, or they are
going to lose them. He addressed the
fact that hurricane season begins June 1, 2006, and stressed the need for
people to be prepared and for neighbors to help one another. He stated that the community is sponsoring a
free photo shoot on Saturday, April 15, 2006, at the Walgreens, located at Hwy.
19 and CR 44A, in Eustis, for the children in the area to have their pictures
taken with the Easter bunny and encouraged everyone to attend. He then presented the Board with a revision
of a book that was written on the History of Paisley, which he noted is going
to be used as a fundraiser for the Ponceannah Cemetery that is located in
Paisley, with all proceeds going to the cemetery, and that he would be
presenting Dr. Diane Kamp, Director of Lake County Museums, with a copy of said
book for the Lake County Historical Museum, as well. He stated that the books can be purchased at
the Paisley Library at a cost of $6.00 each, or two for $10.00.
-------------------------
Mr. Travis
Whigham, President of the Forest Hills Association, addressed the Board and
thanked them and staff for repaving some of the roads in the Lake Mack area;
Mr. Ken Harley, Transportation Disadvantaged Coordinator, Mr. David Hope, and
Mr. Michael Johnson, for establishing a bus route for the community; Commr.
Hanson for her help in getting the Mobile Health Clinic started, and Commr.
Cadwell for getting it in the Lake Mack area; and Mr. Grant Cox and Mr. Bobby
Bonilla, Director of Parks and Recreation, for their time and effort in helping
the Lake Mack area, with regard to its parks.
He discussed some code violations that have occurred in his community
and how they are being handled; the County’s comprehensive planning and the
fact that property needs to be purchased far in advance, before it becomes too
valuable, for those areas where subdivisions will be built and schools will
need to be constructed; and the issue of concreteables and the fact that
structures can be built from $72 per square foot to $110 per square foot,
maximum, which will save the County and the State thousands of dollars, when
constructing their facilities, if said product is used.
-------------------------
Mr. Jim Schultz, Resource Recovery,
Inc., addressed the Board regarding the issue of the County’s water resources
and its environmental health, which he elaborated on, and the fact that his
company offers a solution (collection and recycling of rainwater as a viable
alternative water source) to the dilemma that the County is being faced with,
with regard to its water resources and the protection of same.
Commr. Hanson noted that a Low
Impact Development Workshop, to be put on by the University of Florida, is
scheduled to be held on April 12, 2006, at Lake-Sumter Community College, in
the Magnolia Room, from 9:00 a.m. to 3:00 p.m., and that she felt one of the
issues that would be dealt with would be the capture and use of rainwater. She stated that they have done a lot of work
on sustainable housing and are interested in getting that message out to the
elected officials and the communities.
Mr. Schultz questioned where the
County stands on actually moving forward with projects within the County and
was informed by Ms. Cindy Hall, County Manager, that she was very familiar with
Mr. Schultz’s product and the issue he addressed this date, however, noted that
it has not been one of the County’s highest priorities, so staff has not moved
forward with it.
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