A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST
15, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, August 15, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G.
Cadwell, Vice Chairman; and Robert A. Pool. Commissioners Hill and Stivender
were not present. Others present: Sanford A. “Sandy” Minkoff, County Attorney; Melanie
Marsh, Deputy County Attorney; Cynthia W. “Cindy” Hall, County Manager; Wendy
Taylor, Executive Office Manager, County Manager’s Office; and Judy McAuley,
Deputy Clerk.
INVOCATION
AND PLEDGE
Pastor
Dan Phillips, First Baptist Church of Umatilla, gave the Invocation and led the
Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, announced that Addendum No. 1 includes seven items.
She noted that on Tab 3.1, County Manager’s Consent Agenda, the transfer amount
should be changed from $600,000.00 to $300,000.00.
Mr.
Sandy Minkoff, County Attorney, stated that he will have two actions on
litigation cases.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the County Attorney’s request to place two
litigation action items on the agenda.
Commr.
Hanson requested that Tab 34 be pulled until a later date for modification and
clarification. It is a request for approval and execution of a resolution
supporting the purposes and goals of the Conservation and Recreation Lands
(CARL) Program and the addition of approximately 2,256 acres to the northern
area of the Wekiva-Ocala Greenway project.
MINUTES
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board approved the Minutes of June 12, 2006, special joint
meeting with the Tavares City Council, as presented.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the Minutes of June 13, 2006, regular
meeting, as presented.
CLERK
OF COURT’S CONSENT AGENDA
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1
through 7, 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.
Unclaimed
Excess Proceeds for Tax Deeds
Request to acknowledge
receipt of unclaimed excess proceeds for tax deeds totaling $272,410.51;
transfer funds from Clerk’s account to the Board of County Commissioners’
account.
Southwest
Florida Water Management District Governing Board Meeting
Request to
acknowledge receipt of Meeting Notice – Southwest Florida Water Management
District Governing Board Meeting Agenda for July 31 – August 1, 2006, to be
held at 9:00 a.m., 2379 Broad Street, Brooksville, Florida 34604-6899; and
Approved Minutes of the Meeting of the Governing Board, held on May 30, 2006.
Clerk of Courts
Semi Annual Investment Report
Request to
acknowledge receipt of Clerk of Court, Lake County, Florida, Semi Annual
Investment Report for FY 05-06 (report is dated June 30, 2006).
Unclaimed
Moneys and Payment to the Board
Request to
acknowledge receipt of, file and record proof
of publication of unclaimed moneys and payment to the Board for those moneys
advertised less claims and publication costs. Background & Summary: Pursuant to FS116.21, any or all non-court
related unclaimed moneys deposited or collected by the office of the Clerk
prior to January 1 of the preceding year may be paid to the county fine and
forfeiture fund on or before September 25 of each year provided a list of such
with name and amount is published in a newspaper of general circulation in the
county served during the month of July. Proof of such publication shall be made
by the publisher of such newspaper and shall be filed and recorded in the
minutes of the county commissioners of such county. Fiscal/Budgetary
Impact: $654.00 less amounts claimed and
publication costs will be receipted as fines and forfeits revenue before
September 25, 2006.
Southwest
Florida Water Management District Meeting
Request to
acknowledge receipt of Southwest Florida Management District’s Fiscal Year 2007
Board Meeting Calendar and map depicting the District’s boundaries as required
by Florida Statute Chapter 189.417.
St. Johns River
Water Management District Tentative Budget
Request to
acknowledge receipt of Compact disc (CD) containing the St. Johns River Water
Management District’s Standard Format Tentative Budget Submission for Fiscal
Year (FY) 2006-2007 pursuant to Chapter 373.536, F.S.
COUNTY
MANAGER’S CONSENT AGENDA
On
a motion by Commr. Cadwell, 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, correcting Tab 3.1, and including Addendum No. 1, I., as follows:
Budget
Request for approval of Budget transfer – Renewal
Sales Tax Capital Projects Fund, Department of Facilities Development and
Management, Facilities Administration Division. Transfer $300,000.00 from
Special Reserve to Buildings. The Tavares Government Buildings Project has
progressed faster than originally planned. Additional funding is needed for the
Pre-construction Contractor Agreement approved by the Board of County
Commissioners on June 13, 2006. Funds available in Special Reserve.
Request for
approval of Budget transfer – Resort/Development Tax Fund, Department of
Tourism and Business Relations, Tourism Division. Transfer $145,000.00 from
Special Reserve to Printing and Binding ($125,000.00) and Promotional Items
($20,000.00). Funds are needed for printing the event guide and other
publications. The October to December event guide will be received in September.
There are three additional publications that could also be printed prior to
September 30. Funds are also needed for promotional items. Funds available in
Special Reserve.
Request for
approval of Budget transfer – County Transportation Trust Fund, Department of
Public Works, Road Operations Division. Transfer $31,000.00 from Road Materials
and Supplies to Professional Services. Additional funds are needed to provide
engineering services for three projects. Funds available in Road Materials and
Supplies.
Request for
approval of Budget transfer – County Transportation Trust Fund, Department of
Public Works, Road Operations Division. Transfer $145,317.00 from Contractual
Services ($45,500.00), Communications and Freight ($23,640.00), Rentals and
Leases ($49,500.00), and Machinery and Equipment ($26,677.00) to Operating
Supplies. Additional funds are needed in Operating Supplies, to be used
primarily for Fleet Maintenance charges for fuel and oil, which have been
averaging $33,000.00 per month. Funds needed for current charges and
anticipated charges for the remainder of this fiscal year. Funds available in
Contractual Services; Communications and Freight; Rentals and Leases; and
Machinery and Equipment.
Request for
approval of Budget transfer – General Fund, Constitutional Offices/Supervisor
of Elections. Transfer $2,617.00 from Reserve for Operations to Office
Supplies. Funds are needed for storage cabinets. Funds available in Reserve for
Operations.
Request for
Capital Substitution - Park Impact Fee Trust Fund, Department of Public Works,
Parks and Trails Division. Substitute $190,762.00 from Machinery and Equipment
(undesignated) to Machinery and Equipment (Northeast Community Park). The
department is ready to begin using these monies for the Northeast Community
Park. Funds available in Undesignated.
Request for
approval of Resolution 2006-133 to amend the County Fire Control Fund in order
to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of
$1,600.00 deposited into Donations and provide appropriations for the
disbursement for Operating Supplies. A donation was received from the Water
Oaks Golf Community for expenditures associated with the Sharps Program and
smoke detectors.
Request for
approval of Resolution 2006-135 to amend the General Fund in order to receive
unanticipated revenue for Fiscal Year 2005/2006 in the amount of $1,550.00
deposited into Donations and provide appropriations for the disbursement for
Promotional Activities. Funds have been received to assist in funding the
Thirteenth Annual Volunteer Recognition and Reception event.
Request for
approval of Resolution 2006-136 to amount the County Fire Control Fund in order
to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of
$16,732.00 deposited into Homeland Security Grant Program and provide appropriations
for the disbursement for Overtime. Funds have been received from the U. S.
Department of Homeland Security, Office of Domestic Preparedness, and will be
used for training and activities for Domestic Preparedness.
Request for
approval of Resolution 2006-137 to amend the County Fire Control Fund in order
to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of
$54,667.00 deposited into Other Miscellaneous Revenues and provide
appropriations for the disbursement for Repair and Maintenance ($44,667.00) and
Books, Publications and Dues ($10,000.00). Funds have been received from the
collation of administration fees from Ten-8.
Request for
approval of Resolution 2006-138 to amend the Employee Group Benefits Fund in
order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount
of $191,502.00 deposited into Reimbursements and provide appropriations for the
disbursement for Insurance Payment. Reimbursements have been received and will
be used for medical and prescription claim expenditures associated with Lake
County’s health coverage.
Request for
approval of Resolution 2006-139 to amend the County Library System Fund in
order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount
of $1,000.00 deposited into Other Miscellaneous Revenue and provide
appropriations for the disbursement for Books, Publications and Library
Materials. The County has received funds through the Wal-Mart Foundation for
the purpose of purchasing adult literacy learning materials for tutors and
students.
Community
Services
Request for
Gates Computer Upgrade Grant Award – approval and signature of grant agreements
and approval and signature of related budget Resolution 2006-140 to receive
unanticipated revenue.
Request for Public Library Construction Grant award
for Cooper Memorial Library (Joint Use Library) - Approval and signature of
grant agreement and authorization for BCC Chairman to sign related documents
and report forms.
Request for approval of the Community Development Block
Grant (CDBG) Agreement with Salvation Army of Leesburg; authorization for the
Chairman to sign the Agreement, and direction to Community Services to execute
the Agreement.
Request for approval of the agreement with Sullivan
and Bosworth to assist staff in the next phase to obtain FTA funding.
Employee
Services
Request from
Employee Services for approval of an
offer to settle Community Environment Container’s claim for property damage,
subject to the County Attorney’s review and approval.
Request from Employee
Services for approval to accept and sign
the amended and restated Business Associate Agreement with Aon Consulting,
Inc., the County’s Benefits Consultant.
Request from
Employee Services for approval of an offer
to settle Gustave Bauder’s claim for property damage, subject to the County
Attorney’s review and approval.
Procurement
Services
Request for approval to (1) declare the items on the attached lists
as surplus to county needs, (2) authorize the removal of all of the items on
the attached lists from the County’s official fixed asset inventory system
records, and (3) authorize the Procurement Services Director to sign the
vehicle titles. The items on the attached lists have been declared surplus by
their respective agencies due to age, wear, and obsolescence.
Request for approval to execute Agreement between Lake County,
Florida, and Moffatt & Nichol, Inc. for On-Call Civil Engineering Services;
Agreement between Lake County, Florida, and TEK Science & Engineering
Corporation for On-Call Civil Engineering Services; and Agreement between Lake
County, Florida, and Tetra Tech, Inc., for On-Call Civil Engineering Services.
Public Safety
Request from
Public Safety for approval to release
building and property of Fire Station 33 located at 3615 W. Old U.S. Highway
441, Mount Dora, FL 32757 to the Pasco Volunteer Firefighter’s Association. It
is further requested that the Board of County Commissioners officially commend
the Pasco Volunteer Firefighter’s Association and its past and present members
for their years of dedicated service to the community.
Public Works
Request for approval to accept the final plat for Lady Lake Oaks,
which consists of 4 lots, and all areas dedicated to the public as shown on the
Lady Lake Oaks plat, located in Commission District 5.
Request for
approval to accept the final plat for
Savannah Ridge, which consists of 24 lots, and all areas dedicated to the
public as shown on the Savannah Ridge final plat, accept a letter of credit in
the amount of $86,226.25, and execute a Developer’s Agreement for Construction
of Improvements between Lake County and Savannah Ridge Land Trust for the
Savannah Ridge Final Plat, Commission District 2.
Request for approval to accept the final plat for Meadow Ridge
Phase 1, which consists of 57 lots, and all areas dedicated to the public as
shown on the Meadow Ridge Phase 1 plat, accept a maintenance bond in the amount
of $55,050.00, execute a Developer’s Agreement for Maintenance of Improvements
between Lake County and Garner McCormic Rojas Development Group, LLC, for the
Meadow Ridge Phase 1 Plat and execute Resolution 2006-141 accepting the
following roads into the County Road Maintenance System: Joewood Avenue (County Road No. 6141),
Buttonbush Loop (County Road No. 6141A), Dandelion Court (County Road No.
6141B), and Rose Moss Avenue (County Road No. 6141C), Commission District 5.
Request for approval to release a performance bond in the amount
of $349,149.83, accept a maintenance bond in the amount of $99,696.96, execute
a Developer’s Agreement for Maintenance of Improvements Between Lake County and
Banyan Homes, and execute Resolution 2006-142 accepting the following roads
into the County Road Maintenance System:
Still Meadow Drive “Part” (County Road No. 1045C), Colonnade Circle
“Part” (County Road No. 1045E), Regal Ridge Lane (County Road No. 1045F), and
Indian Hills Lane “Part” (County Road No. 1045G), Commission District 2.
Request for approval to release funds in the amount of $1,597.20
posted for Grand Island Ridge which consists of 68 lots, Commission District 5.
Request for
approval to execute the Subordination of Utility Interests Agreements between
Lake County and Sumter Electric Cooperative, Inc. for: (1) Sumter Electric
Cooperative, Inc./N. Babb Road (#7959) and (2) Sumter Electric Cooperative,
Inc./Hartwood Marsh Road (#0854). Board signature is required because of County
commitments relating to relocations and cost.
Request for
approval to execute the Subordination of Utility Interest Agreement between
Lake County and the City of Tavares for City of Tavares/Dora Avenue a/k/a CR
19A (#4554). Board signature is required because of County commitments relating
to relocations and cost.
Request for
approval and execution of satisfaction of liens for eight road assessments: 689059
Glynn E. Dyal, Sr.; 694088 Ron & Gini Cole; 696011 Khan Hassan; 696021 Judy
A. Eisnor; 696026 Jean F. & Frank Underhill, Jr.; 696030 Shirley A. Benson;
696032 Herman W. & Helen G. Giegerich (Life Estate); 696051 Robert L. &
Anita K. Combs.
Request for approval
of Resolution 2006-143 authorizing the posting of speed limit signs on the
following roads in the Villages at Black Bear Subdivision: Calusa Blvd (6587);
Saranca Ct. (6587B); Clara Street (6487); Oconee Avenue (6587A); and Martin
Street (6387).
Tourism and
Business Relations (Addendum No. 1)
Request for
approval to accept the Local Arts Agency Grant Number 07-8002 in the amount of
$5,000.00 for the 2006-2007 program-year awarded by the Florida Division of
Cultural Affairs and approval to sign all related grant documents.
AWARDS
HEART
READY AWARD
Ms.
Nancy DeVault, American Heart Association, recognized Lake County by presenting
the Heart Ready Award for the second year. The program recognizes county, city
and community partners and highlights the fact that there is still a need to
address sudden cardiac arrest and the use of automated external defibrillators
(AEDs). She explained that an AED will work in one minute to save a life. She
recognized the Lake County Public Safety Department, the Lake-Sumter EMS and
the Lake County Sheriff’s Office for embracing the program. She presented the
awards to Mr. Jim Judge, Executive Director of Lake-Sumter EMS, and Chief Jack
Fillman, Lake County Fire Rescue Assistant Chief of Administration.
NACO
ACHIEVEMENT AWARD
HOME
HEATING OIL RECOVERY PROGRAM
Commr.
Cadwell stated that the National Association of Counties (NACo) awarded Lake
County an Achievement Award for its Home Heating Oil Recovery Program in
recognition of innovative programs which contribute to and enhance county
government in the United States. He presented the award to Mr. Mike Bowers,
Water Resources Director, Lake County Environmental Services Department.
Mr.
Bowers stated that Mr. Charlie Cox, Environmental Programs Supervisor, Lake
County Environmental Services Department, was the originator of this program
and deserves full credit for implementation and follow-through.
NACO
ACHIEVEMENT AWARD
SHARPS
DISPOSAL PROGRAM
Commr.
Cadwell stated that the National Association of Counties (NACo) awarded Lake
County an Achievement Award for its Sharps Disposal Program in recognition of
innovative programs which contribute to and enhance county government in the
United States. He presented the award to Chief Jack Fillman, Lake County Fire
Rescue Assistant Chief of Administration.
Chief
Fillman explained that there was a real need for residents to be able to
dispose of needles. His department worked with the Environmental Services
Department to create this program. The container allows users to clip the needle
off, throw the harmless syringe away and throw the container holding the
needles into household trash. With this container, no one comes in contact with
anyone else’s used needles. Over 500 containers have been given out to date.
PRESENTATION
HOW
SHALL WE GROW? BY MYREGION.ORG
Mr.
Jacob Stuart, President, myregion.org, gave a PowerPoint presentation entitled “How
Shall We Grow? Creating a Shared Vision for Central Florida.” (A printed copy
of the presentation is included in the backup material.) The presentation
included information on seven Central Florida counties, 86 cities and 500
elected officials; U.S. population; PennDesign Central Florida’s population
expectations through 2050; trends; project partners; events; principles of
growth; growth choices; and the next steps.
Commr.
Hanson agreed that the Board realizes the importance of regionalism. She opined
that this is all about providing a significant amount of open space around the
density. She stated that the Lake County community has indicated that the land
acquisition program is important and they are willing to pay for it.
Commr.
Cadwell and Mr. Stuart recognized and praised the work done by Ms. Shelley
Lauten, Project Director, myregion.org.
COUNTY
MANAGER'S DEPARTMENTAL BUSINESS
TOURISM
AND BUSINESS RELATIONS
CHRISTOPHER
C. FORD COMMERCE PARK
Mr.
Greg Mihalic, Tourism and Business Relations Director, discussed the request by
Mr. Ed Meixsell, owner of Lot 10, a 20-acre parcel, in the Christopher C. Ford
Commerce Park, to develop the lot with more buildings. He explained that Mr.
Meixsell appeared before the Industrial Development Authority (IDA) several
times to talk about different alternatives. He advised that the IDA would like
to keep the lots at five acres with a minimum 10,000 square foot tenancy lease
size. Mr. Meixsell’s newest proposal is for 2.5-acre lots on which he would
build buildings and lease them, not selling them for at least five years. Mr.
Mihalic stated that Mr. Meixsell has rejected the alternative of five-acre
parcels.
Commr.
Pool, who serves on the IDA Board, asked if staff embraces the smaller lots and
Mr. Mihalic explained that the IDA has always been protective of the bigger lot
sizes because they felt there were other alternatives within the community on
small lots. He stated that some parcels were less than five acres when they
were originally set out but, in recent times, sale requirements have been
five-acre minimum lots. He stated that, in his professional opinion, Mr.
Meixsell’s latest idea of bringing more industrial stock on line, leasing
buildings on 2.5-acre parcels for at least five years, is a creative
alternative. He opined that would be helpful to the community but the IDA felt
they had considered the issue and did not want to talk about another
alternative at their last meeting.
Commr.
Cadwell pointed out that they have held the course with this park and it has
been a success. The park was not intended to compete with the smaller
industrial-type sites in the community. He stated that he would prefer to stay the
course with the IDA. He remarked that the park was not designed for
speculation, it was designed to create jobs. He stated that he thinks there
should be a clear message that this Board supports the IDA and their efforts.
Mr.
Mihalic confirmed that Mr. Meixsell bought his lot as a one-parcel, 20-acre lot
with one building, understanding that the past practices of the recommendations
of IDA were for five-acre minimum lots. He stated that there is a demand for
five-acre tracts.
It
was the consensus of the
Board to support the Industrial Development Authority in their efforts to maintain
five-acre-minimum lots in the Christopher C. Ford Commerce Park.
COMMUNITY
SERVICES - PEERS MAKING PEACE PROGRAM
Ms.
Stephanie Glass, Teen Court Coordinator, stated that the County has been
awarded a grant of $55,000, by the Governor’s Drug-Free Communities Program,
for a Peers Making Peace mediation program in schools. She presented the
request for approval to accept grant funding, approval to hire a part-time
limited term position, approval of a related budget resolution, and
authorization for the Chairman and project manager to sign all subsequent
related documents. She explained that current options are to suspend or arrest
the students, the issue is not resolved and they miss critical learning time.
She stated that this is an opportunity for collaboration between the Board, the
School Board and the Sheriff’s Office. Once School Resource Deputies are
trained, they will have copyrighted curriculum and the infrastructure will be in
place. Ms. Glass confirmed that the program should be under the School Board’s School
Resource Deputies in about one year.
On
a motion by motion by Commr. Pool, seconded by Commr. Cadwell and carried
unanimously, by a vote of 3-0, the Board approved to accept unanticipated
revenue in the amount of $55,000 from grant funding from the Governor’s Drug-Free
Communities Program, approved to hire a part-time, limited term position,
approved related budget Resolution 2006-144, and authorized the Chairman and
project manager to sign all subsequent related documents.
Commr.
Cadwell asked that the program be monitored to see if the schools continue to
keep it active.
PUBLIC
HEARING
PUBLIC
WORKS
2007-2011
ROAD IMPACT FEE TRANSPORTATION CONSTRUCTION PROGRAM
Mr.
Jim Stivender, Jr., Lake County Public Works Director, presented the request
for approval of the
2007-2011 Road Impact Fee Transportation Construction Program, approval of the
2007-2011 Transportation Trust Fund Transportation Construction Program, and
approval of the 2007-2011 Renewal Sales Tax Capital Projects – Roads
Transportation Construction Program. He presented a handout on Road
Construction Projects as of August 3, 2006 (a copy is included in the backup
material). He stated that this has been an incredibly challenging year and that
Senate Bill 360 plays a role in the program. He stated that there is a problem
of not getting contractors because of the instability of the market and the low
number of bidders is a statewide issue.
Mr. Stivender’s presentation included
information on project status; the sales tax program; six impact fee benefit
districts; road impact fee projects; project comparison, 2003-2011 programs; projects
completed or in progress; countywide resurfacing projects; northern, central and
southern Lake County road projects; and the 2007-2011 transportation
construction program. Mr. Stivender noted that most construction projects 20
years ago cost about $250,000, 10 years ago most projects cost just over $1
million and today’s projects are mostly multi-million dollar projects. He
stated that the cost of asphalt was $54.63 per ton in 2002, it was $152.00 last
year and is $156.00 per ton this year.
Regarding
the potential for alignment with State Road 439, Mr. Stivender stated that is
in the program for study. Where the Wekiva project drops off into Lake County,
transportation needs above and beyond what the State is doing will have to be
addressed and some money is allocated for that.
Regarding
the effect of Senate Bill 360 (SB 360) on the project list, Mr. Fred Schneider,
Engineering Director, Lake County Public Works Department, stated that SB 360
requires tying the Capital Improvement Program (CIP) to the comprehensive plan
and requires an annual update and a report to the Department of Community
Affairs (DCA). An example would be if there is a transportation concurrency
issue on a roadway where goals for improvement are not being met, the DCA might
disallow any future land use amendments for that city or county agency. He
stated that a lot of coordination and discussion will have to happen throughout
a number of years as the CIP moves forward.
Mr.
Stivender discussed the individual road projects on the 26-page FY 2007-2011
Transportation Construction Program, noting special assessment projects;
Department of Transportation (DOT) Local Agency Program (LAP) projects; road
impact fees benefit districts projects for the six benefit districts; renewal
sales tax capital projects, transportation improvements Fund 303; and renewal
sales tax capital projects, resurfacing Fund 303.
Commr.
Pool, in noting that there is a shortfall of funding for transportation
statewide, stated that the State has said that local governments could put a
nickel on the gas tax. He stated that most people will not embrace adding a
nickel to the gas tax. He stated that the Governor and the Cabinet need to come
up with other ideas for transportation infrastructure improvements because
those taxes cannot be raised locally.
Mr.
Stivender stated that he has talked with the County Manager about future
revenue sources. He stated that an impact fee study will be done. That fee could
be changed because of the increased cost of construction and right of way
costs. He advised that a lot of counties have adopted the additional gas tax.
Commr.
Hanson opened the public hearing and called for public comment.
Mr.
Ray Goodgame, Clermont City Council Member, opined that, since the cost of
asphalt per ton has tripled since 2002, we are negligent by not having raised
impact fees. He stated that the traffic light at Johns Lake Road/Hancock Road
must be in place no later than next September. He stated that the City of
Clermont has offered to help build the portion of Steve’s Road from U.S. 27 to
Citrus Tower but nothing has been done. He stated that this is holding up a big
project which includes a theater, stores and restaurants.
Mr.
Stivender advised that Clermont’s number one impact-fee project priority was
Old Highway 50. He stated that Steve’s Road is developer driven and County
staff is looking to the developer to still take the lead on that project. The
City is to take the lead on the Hooks Street extension to U.S. 27. He stated
that the intersection includes left turns and a signal at Johns Lake Road and
Hancock Road.
Mr.
Jim Purvis, President of Kings Ridge Community Association and a member of
VOICE, showed several photographs (included in the backup material) taken at
the intersection of Johns Lake Road/Hancock Road last Thursday afternoon
between 3:00 p.m. and 3:35 p.m. He stated that big sand trucks and big concrete
trucks use the intersection and that competition at the front of the line is
fierce. He stated that kids are put in danger twice a day. He stated that there
must be some money for a deputy for two hours a day. He stated that he looks to
Commr. Pool to direct the rest of the Commissioners to direct the Sheriff and
Mr. Stivender’s office to get on this. He stated that it is not true that the
people on the corner are being difficult for right of way. He stated that one
of those people confirmed that the County did surveying in June but that no one
has been back.
Commr.
Pool stated that he was advised by the County Attorney that the County plans to
proceed with eminent domain with five landowners and that the property cannot
be acquired through negotiations.
Mr.
Stivender clarified that five property owners are involved and that four of
them have been contacted. He advised that one only wants things in writing,
three are willing to talk and the fifth one has not been contacted because it
is a smaller piece of the puzzle. He stated that appraisals have been received
and an agenda item will be on the Board’s agenda next month. If an agreement
with the owners can be worked out prior or during that, condemnation will not
be sought. It looks like only one appears to be going in that direction. He
stated that design has been completed and more details will be presented to the
Board in September.
Commr.
Hanson stated that we need to do whatever we can to expedite that.
Commr.
Pool stated that he has told Mr. Stivender that the process needs to be
accelerated wherever it can be. He stated that we need to make sure these
intersections are taken care of.
Lake
County Sheriff Chris Daniels explained that the Florida Highway Patrol is
charged with the responsibility of traffic enforcement in unincorporated parts
of the State. He confirmed that there is a problem with trucks turning down
Hancock Road to bypass the U.S. Highway 27/State Road 50 interchange. He
suggested that perhaps the City of Clermont could prohibit through trucks on
Hancock Road. He stated that it probably is not a good solution to ask the
School Resource Deputy to come off the campus and direct traffic.
Commr.
Cadwell asked Sheriff Daniels to come back with an estimate of what it would
cost to have traffic folks there during peak hours.
Sheriff
Daniels stated that he has sent traffic deputies down there but he assured the
Board that this is not the only intersection in the County where there are
problems.
Commr.
Pool stated that there are sand mines on the back of Hancock Road and you
cannot prohibit people from doing business.
Sheriff
Daniels stated that the trucks can be turned north, making them go up to SR 50
and down US 27.
Commr.
Hanson suggested that Sheriff Daniels meet with Mr. Stivender and Council
Member Goodgame and Commr. Pool. She agreed with the suggestion to turn the
sand trucks north.
Discussion
continued regarding temporarily funding of traffic deputies until the light can
be installed. Commr. Cadwell asked Mr. Stivender to make a formal request to
the Highway Patrol.
Mr.
Egor Emery stated that he is concerned about degradation of road services due
to growth. He stated that budgets have been presented for years which represent
a shortfall in what we would like to do versus what we can afford to do. He
stated that he has appeared before this Board countless times urging it to say
no to given developments.
There
being no further public comment, the public hearing was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the 2007-2011 Road Impact Fee Transportation
Construction Program, approved the 2007-2011 Transportation Trust Fund
Transportation Construction Program and approved the 2007-2011 Renewal Sales
Tax Capital Projects-Roads Transportation Construction Program.
RECESS
& REASSEMBLY
At
11:05, Commr. Hanson announced a 15-minute break.
PUBLIC
HEARING
COMMUNITY
SERVICES - ENVIRONMENTAL REVIEW FUNDING
Ms.
Wendy Breeden, Library Services Director, Lake County Community Services
Department, presented the request to receive and review comments on the
Environmental Review Record and to receive and review comments on Lake County’s
request for release of funds; and the request to authorize the County Manager
to execute “Request for Release of Funds and Certification, HUD-7015.15”
Environmental Review Finding, and related grant documents. She explained that
the Board, in June, approved going forward with an application for a federal
grant for $198,000.00. As a part of that grant, an Environmental Assessment had
to be conducted. Mr. Charlie Cox, environmental specialist, did that and made “A
Finding of No Significant Impact” referred to as a FONSI. A notice of the FONSI
and a notice to request the release of funds were published. Ms. Breeden stated
that no comments have been received and the documents can now be submitted to
the federal government requesting the release of funds.
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the request to receive and review comments on
the Environmental Review Record and to receive and review comments on Lake
County’s request for release of funds; and the request to authorize the County
Manager to execute “Request for Release of Funds and Certification,
HUD-7015.15,” Environmental Review Finding, and related grant documents.
OTHER
BUSINESS
APPOINTMENT
AFFIRMATION - LAKE COUNTY LIBRARY ADVISORY BOARD
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved
the appointment affirmation of Ms. Elaine McLaughlin to serve on the Lake
County Library Advisory Board as the alternate member for the Fruitland Park
Library.
APPOINTMENT - SALES SURTAX OVERSIGHT
ADVISORY COMMITTEE
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board appointed
Ms. Bea L. Meeks as a Member of the Public at Large as designated by the Board
of County Commissioners, to the Sales Surtax Oversight Advisory Committee, to
complete an unexpired term ending November 19, 2006, and to serve a consecutive
four-year term.
APPOINTMENT - WOMEN’S HALL OF FAME
SELECTION COMMITTEE
At Commr. Cadwell’s request, the
Chairman will write a letter to Mr. Bob McKee, Lake County Tax Collector, who
has served as District 5 appointee since this Committee was formed.
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board
approved the appointment/reappointment of the Women’s Hall of Fame Selection
Committee as follows: District 1 - Carolyn Richardson; District 2 – Donna
Graham; District 3 – Gwen Manning; District 4 – Carman Cullen; District 5 –
Emogene Stegall.
APPOINTMENT
- ENVIRONMENTAL PROTECTION ADVISORY BOARD
Commr.
Hanson announced that appointments to the recently amended Environmental
Protection Advisory Board will be postponed.
Ms.
Cindy Hall, County Manager, stated that the vacancies will be readvertised in
an effort to get some additional applicants.
APPOINTMENT
- COMPREHENSIVE HEALTH CARE COMMITTEE
Commr.
Hanson announced that the appointment to the Comprehensive Health Care
Committee will be postponed.
APPOINTMENT - AFFORDABLE HOUSING
ADVISORY COMMITTEE
Commr.
Cadwell asked that the appointment to the Affordable Housing Advisory Committee
be postponed for clarification of the position.
REPORTS
- COUNTY ATTORNEY
WOODS-BOYD
MEMORIAL GARDENS
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the Maintenance Agreement between Lake County and Elizabeth
Boyd relating to Woods-Boyd Memorial Gardens.
REPORTS
- COMMISSIONER POOL - DISTRICT #2
PEAR
PARK
Commissioner
Pool thanked Ms. Nadine Foley and Mr. Urban and other volunteers for attending
the recent PEAR Park tree planting.
SOUTH
LAKE COMMUNITY HEALTH CENTER
Commissioner
Pool announced that the South Lake Community Health Center in Groveland
received a check yesterday from USDA in the amount of $2.9 million. They plan
to expand the center from 9,000 square feet to 14,000 square feet. BankFirst
and the South Lake Community Foundation helped with funding.
REPORTS
- COMMISSIONER STIVENDER - DISTRICT #3
CHILDREN’S
SERVICES
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the request to move Ms. Barbara Howell from
her present member-at-large-position to the vacant Commission District 2
position on the Children’s Services Council; and approved to appoint Ms. Trella
Mott to the now vacant member-at-large position. Both terms expire May 14,
2007.
REPORTS
- COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
STRAW
BALLOT REQUEST FROM VILLAGE CENTER CDD
Commr.
Hanson announced that, per the request by Janet Tutt, discussion and action
with regard to the Village Center Community Development District’s (CDD)
request that the Lake County Commission authorize the placement of a straw
ballot question on the General Election Ballot on Tuesday, November 7, 2006,
for voters living within The Villages in Lake, Sumter and Marion Counties will
be pulled from today’s addendum to the agenda.
RESOLUTION
- INSURANCE CRISIS IN FLORIDA
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board approved the request for approval and execution of Resolution
2006-132 which strongly encourages the Florida Legislature to call a special
session to study and enact legislation addressing the insurance crisis in
Florida.
ORDINANCE
- LAKE COUNTY WATER AUTHORITY PROPERTIES
Commr.
Hanson stated that the Board has had a request by Mr. Larry Everly, Chairman,
Lake County Water Authority Board of Trustees, requesting that Lake County adopt an ordinance
protecting all lands owned by the Lake County Water Authority, and making
damage to such property a crime.
Mr. Minkoff advised that staff
recommended against adoption of this ordinance. He stated that an effective
ordinance like this would involve a second-degree misdemeanor the same as
trespass application would. It is not something that a law enforcement officer
could arrest someone for if they did not see it happen. This would involve the
County prosecuting these folks in County court and paying the filing fees where
the Water Authority has this ability through no trespass and which would be
prosecuted by the State Attorney.
It was the consensus of the Board
that the County Attorney should prepare a letter, signed by the County Attorney
and/or the Chairman, to the Lake County Water Authority.
CITIZEN
QUESTION AND COMMENT PERIOD
Clermont
Council Member Ray Goodgame addressed the Board regarding promises that were
made, and broken, by Image Elementary School. He stated that residents from
Hartwood Pines subdivision will speak about the dumpster and trash around it,
fencing, a barrier wall, people living in the nearby woods and safety issues.
Mr.
John Wofford, Hartwood Pines, stated that the dumpster gets overfilled almost
daily and trash litters the area around it. He stated that debris from the
dumpster blows into back yards and creates an eyesore and a health issue. He
stated that there is a noise issue from the school when the public address
system is used. He stated that a truck empties the dumpster at 5:00 a.m.
Mr.
Minkoff advised that staff will check with the garbage hauler. Code Enforcement
is investigating this violation.
Ms.
Cindy Emely, Hartwood Pines, stated that she would like to have the dumpster
moved to the other side of the school or somewhere else. She stated that people
cut through their neighborhood yards because of the backup at the light at
Hartwood-Marsh and Hancock. She stated that people barrel through their
neighborhood at 50 miles per hour. She stated that the City of Clermont has
sent police out but she thinks the County needs to step in and do something.
She stated that school buses also cut through their subdivision. She stated
that there should be a fence around the school for the safety of the children
and to help the homeowners.
Ms.
Kimberly Day, Hartwood Pines, stated that they had been promised that a barrier
wall would be built around the school. There are wooded lots on two sides,
Hartwood-Marsh Road is on one side and Hartwood Pines is on the other side. She
stated that people are living in the woods. She stated that children are at
risk and there should be a barrier around the school for their safety.
Mr.
Jim Purvis, Kings Ridge, stated that he has looked into this situation. He
stated that he was involved with the school’s application process and heard
their promises. He was instrumental in helping them find their location for the
school. He encouraged the Board to look carefully at the permitting paperwork
that approved this school because he clearly recalls that landscaping and
fencing was part of their requirement for approval. He stated that the school
is not being a good neighbor.
Ms.
Carol Stricklin, Growth Management Director, and Mr. Tommy Leathers, Code
Enforcement Services Director, will investigate all the complaints.
Mr.
Roy Hunter, Northeast Lake Chamber of Commerce, invited everyone to attend a
“meet the candidate” forum on August 24, 2006, at Spring Creek Elementary
School. He reported on his efforts to save gasoline by staying at home for 22
days.
RECESS
& REASSEMBLY
At
12:00 noon, Commr. Hanson announced that the Board will recess until 12:40 p.m.
at which time the budget workshop will begin in Room 233.
BUDGET
WORKSHOP
PROPOSED
BUDGET FY 2007
Ms.
Regina Frazier, Budget Director, presented an overview of the Proposed Budget
FY 2007. The proposed millage rates for FY 2007 are:
Ms.
Frazier explained that they are proposing to adopt .2000 mills, of the voter
approved referendum for 1/3 mill, for environmentally sensitive lands. That
millage is sufficient to cover the debt service payments on a $36 million bond
issue. Regarding the increase in the value of the lands within Lake County, in
2000, one mill generated $6.8 million and for 2007 it is anticipated to
generate a net of $17.9 million. That includes revaluations and new
construction. Since 2000, that is a 163% increase in the value. The budget
proposed for 2007 is $456,219,687 which is a 4.8% increase over the current Fiscal
Year 2006 budget. Ms. Frazier discussed General Fund Revenues and General Fund
Expenditures of $183,301,591, and noted that 73% of the revenue comes from
property taxes.
Ms.
Frazier showed slides on the History of CRA Payments, Constitutional Officers
Net Costs, Employees Per Capita, Unrestricted Reserves-General Fund and
Unrestricted Reserves.
PROPERTY
MANAGEMENT POSITION
Mr.
Minkoff presented a request for an additional position in the Property
Management Section of the County Attorney’s Office. The position will be
supervised by Ms. Quinnette Durkin, Property Manager. What drives this position
the most are the beginning forays into eminent domain. Keeping track of the
parcels once they are turned over to the legal side is a huge administrative
burden. He stated that he prefers not to use lawyers to do that work.
A
motion was made by Commr. Cadwell and seconded by Commr. Pool for acceptance
into the budget of the request for an additional position in the Property
Management Section of the County Attorney’s Office.
Under
discussion, Commr. Hanson stated that she has spoken to the County Manager
about contracting out for a land acquisition agency, thinking of TPL (The Trust
for Public Land).
Mr.
Minkoff stated that we already have contracts with right of way agents who help
acquire property. If we chose to contract out for land acquisition, this
request would not interfere with that.
Commr.
Hanson called for a vote on the motion which carried unanimously, by a vote of
3-0.
LANDSCAPE
ARCHITECT POSITION
Ms.
Carol Stricklin, Senior Director, Growth Management Department, presented the
request for a landscape architect position within the Division of Planning and
Development Services. She explained that expertise is needed in the area of
Land Development Regulations (LDRs) and the site plan approval process. The
updated comprehensive plan will trigger a major rewrite of the LDRs, including
the landscape ordinance. A second need relates to conservation easements.
Regarding contracting out for the services and possible associated savings, she
stated that these services are needed on an on-going basis.
Commr.
Hanson stated that she has supported this position for some time but she opined
that, perhaps, the job description could be for a person who is less than a
certified landscape architect. She added that adding this position would be a
major step forward as the comprehensive plan and LDRs are rewritten. She
expressed strong support for this position.
On
a motion was made by Commr. Pool, seconded by Commr. Cadwell and carried
unanimously, by a vote of 3-0, the Board accepted into the budget the request
for a landscape architect position with the Division of Planning and
Development Services.
SHARED
SERVICES NETWORK AND SAFE CLIMATE COALITION
Ms.
Cindy Hall, County Manager, stated that the Lake County Shared Services Network
is requesting approval of funding ($25,000) for the continuation of their
program over the next five years. The Safe Climate Coalition of Lake County,
Inc., is requesting approval of funding ($40,000) for infrastructure
sustainability in order to continue to operate on a timely basis in a fiscally
sound manner.
Lake
County Sheriff Chris Daniels explained that the Florida Legislature set aside
some funding for crime prevention a couple of years ago and Lake County has not
used that money. He stated that, basically, the statute says the money can be
spent by the Board for crime prevention activities after a consultation with
the sheriff. The Safe Climate Coalition, an initiative of the Lake County
Shared Services Network, does a lot with underage drinking and youth-type
offenses. He stated that Commr. Stivender talked to him about the possibility
of spending this money to help offset the operational costs of the Shared
Services Network and the Safe Climate Coalition.
Ms.
Lori Humphrey, Project Manager, Lake County Shared Services Network, stated
that their original funding came through federal Department of Education IDEA
funds for shared services across the state. This seed money has been funded for
three years. After three years, the Executive Roundtable Members of the Lake
County Shared Services Network unanimously decided to continue this project as
a community-funded activity. She explained that they are looking for $25,000
from the Crime Prevention Fund. Lake County Schools has agreed to provide
$7,500 plus office space, a computer, mileage and other in-kind things, and
Lake-Sumter Community will provide $7,500 plus in-kind such as meeting space.
She stated that the $40,000 covers her salary for 20 hours per week and small
projects.
Ms.
Debi MacIntyre, Executive Director, Safe Climate Coalition of Lake County, Inc.
(a Shared Services Network Initiative), stated that the Coalition began in 1995
as part of the Safe Schools Committee. They broke away from the Lake County
School Board in 2003 and now focus on substance abuse and violence with Lake
County youth. They are housed at the Institute of Public Safety. They are
requesting infrastructure funding in the amount of $40,000. She explained that
they have been successful in seeking grant money and are self-sufficient but
all of the grants are reimbursable only. They currently receive money from the
Office of Drug Control and from the Florida State University and they offer
three different types of programs in Lake County. She stated that receiving infrastructure
funds would make the running of the Coalition so much more sustainable and
successful and timely on an accountable basis. She stated that they have
received state and national recognition for their accomplishments in Lake
County.
Commr.
Cadwell stated that the County is a member of the Shared Services Network and
he has a comfort level with them. He added that we may need a little time to
understand the structure of the Safe Climate Coalition.
Commr.
Hanson suggested getting annual reports on the impact of the groups.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board accepted into the budget the request from the Lake
County Shared Services Network for $25,000 from crime prevention funds collected
by the County pursuant to F.S. 775.083(2), Lake County Code 9-17; these funds are
being spent by the County, in consultation with the Lake County Sheriff, for
crime prevention programs.
Commr.
Cadwell asked to table the request from the Safe Climate Coalition of Lake
County, Inc.
ALCALDE
& FAY CONTRACT
Ms.
Hall presented the request for approval of the Agreement for Professional Services
between Lake County and Alcalde and Fay, Ltd. She stated that these are our
lobbyists in Washington, D.C., and they have done a very good job. The request
is for a slight increase in the contract from $60,000 to $72,000 annually.
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board approved the Agreement for Professional Services
between Lake County and Alcalde and Fay, Ltd.
TROUT
LAKE NATURE CENTER AND NATURALIST POSITION
Dr.
Bernard Yokel, President, Trout Lake Nature Center, Inc., introduced Ms. Trina
Raether, Vice President, and Ms. Lavon Silvernell, Naturalist/Volunteer
Coordinator. Dr. Yokel stated that last year the County’s support, in a
partnership with the St. Johns River Water Management District, made it
possible to upgrade their only staff member, the Naturalist, to a full-time
position with benefits. He stated that Trout Lake’s reason for being is natural
education which is best learned in a natural environment. He stated that the
absence of real, hands-on contact with nature leaves empty spaces in children’s
education. He explained that 2,500 school children participated in the
educational program in the school year just completed and that is an increase
of about 14.6% over the previous year. The number of adult visitors and
participants of programs has held steady for the last two years at
approximately 2,470. Volunteers and teachers contributed 4,242 hours of service
this year, up 9.4%.
Ms.
Raether stated that their mission is to maintain a naturally functioning
wildlife sanctuary, instill knowledge and appreciation of the natural world,
and teach stewardship in the conservation of natural resources. She explained
the educational programs and volunteer service at Trout Lake.
Ms.
Silvernell explained that her Naturalist/Volunteer Coordinator duties include
planning activities for the community at Trout Lake and within the community. She
mentioned Birds and Bicycles at Emeralda Marsh, an equestrian ride at Sawgrass
Preserve, a canoe/kayak trip to Okahumpka, and a golf cart activity at Sabal
Bluff. She stated that Habitat for Humanity, 4-H, Florida Fish and Wildlife
staff, Audubon Society and others hold programs at Trout Lake.
Commr.
Hanson commented on the great work the Nature Center does for the community and
noted that the Naturalist position is funded in the budget.
Commr.
Cadwell referred to Commr. Hanson’s proposed letter which is to be sent to the
St. Johns River Water Management District. He stated that he wants to keep
pushing St. Johns to fund their portion but, he would want the County to commit
to do that if St. Johns does not.
Commr.
Hanson expressed concern with letting St. Johns know that up front. She stated
that, obviously, the Board is not going to let it fail.
It
was the consensus of the Board that the Chairman will send a letter to St.
Johns River Water Management District requesting continuation of the
partnership with Lake County in sharing the costs of the salary and benefits for
the Naturalist position at Trout Lake Nature Center.
CITY
OF EUSTIS - REQUEST FOR ANIMAL SERVICES
Ms.
Hall referred to information in the backup material regarding the request from
the City of Eustis for Lake County Animal Services.
Ms.
Marjorie Boyd, Animal Services Director, confirmed that this agreement is
similar to agreements with other cities. She explained that a lot of the
animals from the City of Eustis do come to Animal Services.
Commr.
Cadwell stated that, as that service grows and the population grows, the Board
will have to begin thinking about additional space for Animal Services.
Mr.
Gary Kaiser, Public Safety Director, stated that they narrowly avoided a
catastrophic Parvo incident last year. All the animals are in one area and
there is no ability to separate out the adoption area from the animals that have
been given up, found or seized. He stated that, if there is an outbreak in the
future, they will be compelled to euthanize every animal in the facility.
Ms.
Boyd stated that they are seeking one officer and one shelter technician
position.
On
a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by
a vote of 3-0, the Board accepted into the budget the request to enter into an
Interlocal Agreement between Lake County and the City of Eustis Pertaining to
Animal Control Services; the request includes one Animal Control Officer
position and one Shelter Technician position to be funded from general funds.
PUBLIC
SAFETY COORDINATING COUNCIL
Mr.
Fletcher Smith, Community Services Director, explained that the newly formed
Public Safety Coordinating Council (Council) voted to recommend to the Board
that a pre-trial release program be funded. The baseline budget, $199,082.00,
would include three full-time positions to run that program. Meetings would be
held between County Probation, the State Attorney’s Office and the Sheriff’s
Office to develop a committee on the Council to set the guidelines and
parameters for screening inmates and to determine who would be released and who
would not be eligible for release. He explained that jail overcrowding is an
issue and the program could include non-violent misdemeanor and some felony
cases. Inmates would be screened to determine their prior record, their ties to
the community and their work history. He stated that a lot of thought and
consideration would be given to who is being released. He mentioned that
Seminole, Orange, Osceola and Polk Counties have this program. Mr. Smith
estimated that between half-dozen to a dozen people might be screened each day.
Recommendations for the pre-trail release program for eligible inmates would be
made at the first appearance bond hearings.
Commr.
Hanson pointed out that this program would include the monitoring system that
helps with the recidivism rate. Mr. Smith remarked that they could be required
to report on a weekly basis or more often and that electronic monitoring is an
option.
Mr.
Minkoff stated that the Council would like to see the program budgeted so that
it could be put in place next year. He stated any release would take state attorney
approval.
Sheriff
Daniels stated that he is not on the Council but has appointed people to be on
it. He stated that he has made a commitment that he would not publicly oppose
the program but he is not going to participate in the program. He explained
that the pitfall is that a released individual will, sooner or later, do
something violent. He agreed that there is current criteria for release based
on ROR. He opined that the Council is looking at the offender that has a fairly
low bond but does not have the money to pay it.
Mr.
Minkoff clarified that this program would do the background investigation on an
individual and present it to the state attorney and the judge in order to get
the release done.
Commr.
Cadwell pointed out that the money for the program would be in reserves anyway.
Sheriff
Daniels stated that the jail population is almost 1,200 today and that was a
projected population for the year 2010. He stated that one-third of the jail
population is people on violation of probation charges who are awaiting a
hearing in front of a judge. He stated that, if the County wanted to take steps
to eliminate crowding in the current jail population, some mechanism to get
those violation of probation offenders in front of a judge faster should be
implemented.
It
was the consensus of the Board that more information on the program will be
brought back to the Board.
SENATE
BILL 1194 - ANNEXATION
Mr.
Minkoff gave an update on the new annexation bill, Senate Bill 1194, which was
passed this year and involves the Interlocal Service Boundary Agreement Act.
While sometimes called a joint planning agreement or boundary agreement, it is
an annexation bill that creates a new method of annexation for municipalities
and counties. Some of the purposes of the bill are that it encourages local
governments to jointly determine how to provide services, encourages interlocal
government coordination and planning, service delivery and boundary
adjustments, promotes sensible boundaries that reduce costs, avoids duplicating
services and promotes increased political transparency and accountability. He
explained that, essentially, the Act authorizes cities, amongst each other or
cities with the county, to enter into a contract. The contract identifies a
specific area of the county, which could be within or outside a city, and
allows designation that the area will forever be city or will forever be
county. He stated that we have not had that ability before. This would allow a
binding agreement, where cities or the county could not go across that line,
and it would be enforceable in court.
Mr.
Minkoff stated that the services the Act talks about include public safety,
fire, emergency, rescue, medical, water, wastewater, roads, conservation, parks
and recreation, stormwater management and drainage and other services. It
includes land use so the bill allows the city to give the county the land use
authority within the city and it allows the county to give the city land use
authority in the unincorporated area of the county. It also can address other
issues of service delivery including how these services would be transferred
and how they would be paid for. He stated that the agreement can be for a
period of 20 years and is totally voluntary. However, you can be forced to
negotiate.
Mr.
Minkoff stated that this creates a new method of annexation. It removes a lot
of the regular restrictions and, for example, allows cities to annex properties
that are not contiguous to the city. It allows cities to create enclaves. He
stated that the act, in a way, is a replacement for, and could go beyond, the
Joint Planning Agreements (JPA) because it could transfer the entire growth
management function from a city to a county or from a county to a city in the
area in which the agreement is reached. As an example, Lake County could have
given the City of Clermont zoning approval inside the Clermont JPA by this
agreement. People in that area would go to the City to get their zonings and
variances. Conversely, a city could give the county that authority within the
city so there would be one jurisdiction. Mr. Minkoff stated that negotiations
would have to be done carefully but it would be a very effective agreement to
be able to draw the lines and decide, once and for all, how services are going
to be provided inside these areas.
Mr.
Minkoff confirmed that these agreements could be amended in the future with a
mutual amendment. He reiterated that the statute limits their term to 20 years.
He commented that it is likely that very large districts would not be adopted
where this type of annexation would be allowed to occur, but, clearly it would
be of great benefit to the municipality.
HOUSE
BILL 1583 - COMMUNITY REDEVELOPMENT
Mr.
Minkoff stated that House Bill 1583, Community Redevelopment, is a statutory
authorization initially done so that slums and blighted areas could be
improved, mainly by municipalities but it also applies to counties. He stated
that the definition of a slum and blighted area is broad. Some of the
governmental entities that have done these throughout the state have done
upscale areas and called them blighted or slums. The local government would
adopt a resolution, supported by data and analysis, where they make a
legislative finding that they have a slum or blighted area and they would like
to improve it. Secondly, they would create an ordinance creating a Community
Redevelopment Agency (CRA). In non-charter counties and cities there can be one
CRA. The governing body of the CRA, under law before the amendment this year,
was either the governing body of the local government, the governing body of
the local government plus two citizens, or a citizens group that the local
government appointed. The next step is that a redevelopment plan is written by
the CRA and the plan goes to the local planning agency of the local government
to make sure it is consistent with the comprehensive plan. The plan is approved
by the CRA and by the local planning agency. The last step is that a trust fund
is established by ordinance and that triggers the money, that tax increment financing,
going over to the CRA. He explained that, in each of the four steps, the Board
of County Commissioners has been required under previous law to get certified
mail notice 15 days before the city does it. The amendment changed that process
somewhat. The first thing it did was that it limited the CRA to only 80% of a municipality.
The new law allows representatives of a taxing agency, such as a county
commission, to serve on the boards of CRAs through interlocal contract. The new
law gives counties a point of entry for new CRA plans because the county gets
30 days notice and the county can request that there be a joint meeting with
the CRA. Additionally, the county can propose an alternate CRA plan and the
city cannot adopt the plan until at least 30 days after that public meeting. This
would apply to any new plan and to any existing CRA plan that is modified to
expand their boundaries after October 1, 2006.
Mr.
Minkoff explained that, under the new bill, tax increment financing is limited
in two ways. If a taxing authority has a higher tax rate than the governing
body, the contribution is limited to the governing body rate. Secondly, the taxing
authority can cap growth in the tax increment financing after the 24th year.
Again, this would apply to new CRAs or to expanded areas in existing CRAs.
Another thing the new bill does is limit CRA contributions to 60 years and
authorizes the city and county to agree on a different tax increment financing
scheme that is set up by interlocal agreement that is totally separate or
different from the statute itself.
Mr.
Minkoff stated that he views the key thing is, if the county wants to be
involved in this process, when we get the notices from municipalities that they
are going to create or expand a CRA, the county needs to sit down and look at
what they are doing and request the joint meeting.
COMMUNITY
REDEVELOPMENT AREA ANALYSIS
Ms.
Dottie Keedy, Director of Economic Growth and Redevelopment, agreed that CRAs
have traditionally been used in downtowns in cities for their redevelopment
efforts. Her research found that a number of counties in Florida are using CRAs
in a number of different ways. She gave CRA examples in Seminole, Polk, and
Martin Counties. She believes there is some merit in looking into this for some
areas of Lake County, such as Mount Plymouth/Sorrento and Yalaha. They both
have committees of residents that are looking at planning for their future and
have started the process. She stated that a CRA might work well with that. She
stated that she will come back with some specific suggestions and a timeframe
to move forward if the Board thinks that idea has some merit.
Mr.
Minkoff stated that the Board would have to be the agency but an advisory group
could advise the Board on how to spend the funds in each area.
Ms.
Keedy stated that estimated revenues for particular areas could be included in
the analysis.
It
was the consensus of the Board to move forward with that analysis.
RECESS
& REASSEMBLY
At
2:45 p.m., Commr. Hanson announced a ten-minute break.
ENVIRONMENTAL
LANDS UPDATE
Mr.
David Hansen, Public Lands Manager, gave a PowerPoint presentation on
properties being evaluated by the Public Land Acquisition Advisory Council
(PLAAC) and the Public Lands Management Division. (A copy of the presentation
is included in the backup material.) Properties being evaluated as of July 6,
2006, include the Ricketson Property (Lake Norris Area), Dead River Estates
property, Wekiva parcels, Robinson property (Helena Run), Andrews Property
(Lady Lake), Cross Creek Ranch, east of Umatilla (north and south sections),
Anderson Property (CR 455), CSX railroad right of way, Dio property, Inland
Groves Corporation, Dora Canal property, Miller Property (Astor area) and Pine
Ridge Dairy. He discussed the Greenprint Model which was developed by the Trust
for Public Lands (TPL). Lake County’s Greenprint Model, a Geographic
Information System-based application, is being developed as a cooperative
effort between TPL, County staff and the PLAAC.
Regarding
acquisition costs, Commr. Hanson stated that when a state agency or the St.
Johns River Water Management District goes after a property, they are not held
to the same restrictions the County is held to as far as dealing with the
public. They try to get the land as cheap as they can get it. She stated that
the County is getting property as it comes to us and that we are not going
after property like St. Johns does. She mentioned again the possibility of
outsourcing acquisitions, explaining that Mr. Hansen would still do what he
does. There probably would have to be a RFP (Request for Proposal), and, if TPL
were to be used, they deal in a different way and do not, necessarily, get paid
directly. They get paid some way through their purchases. She stated that she
is offering that suggestion for consideration by the Board. She stated that it
may be a way for the County to move forward faster in purchasing land because there
is dissatisfaction in the community that we are not moving fast enough.
Commr.
Cadwell stated that the community would be more dissatisfied if we were buying
properties for more than appraised price and not going through the process. He
stated that he thinks we are on the right pace. He stated that it is such a big
program and involves a large amount of money and that the County should not be
out there willy-nilly buying properties just to say we bought them.
Commr.
Hanson stated that she has no criticism at all for the program as it has been
working. They have been doing their homework and prices have leveled off,
perhaps even going down a little bit. She reiterated that she wanted to be sure
this Board is comfortable with its direction because there is some criticism.
Commr.
Pool stated, and Commr. Hanson agreed, that we should not pay more than
appraised value.
Commr.
Hanson asked if the Board has recommendations or if we want to stay the course.
Commr.
Cadwell opined that, as new as the program is and because we are moving in the right
direction, we should stay the course.
Commr.
Hanson acknowledged that direction.
UPDATE
ON LANDFILL PERMITTING
Mr.
Daryl H. Smith, Environmental Services Director, gave a PowerPoint presentation
updating the Board on landfill permitting. (A copy of the presentation is
included in the backup material.) His presentation included information on two
permits, modification of the existing Phase II Class I landfill and the new
Phase III Class I landfill. Modification of Phase II means adding additional
capacity by increasing the angle of the side slopes and eliminating/reducing
the size of shelves. The total estimated remaining life after the modification
will be about 30 months. The total estimated remaining capacity after the
modification is about 240,000 tons. There are minimal additional costs
associated with this modification. The new Phase III landfill will initially
include two separate cells, the ash monofill and the MSW (waste to energy)
fill. Both cells have a five-year estimated design life.
Mr.
Smith discussed the central facility and showed an aerial photograph of the
site. He explained that the new Phase III estimated design capacity for each
cell is: ash monofill, 240,000-300,000 total tons capacity; and MSW fill,
750,000-1,125,000 total tons capacity. There are two critical components to
design life and capacity. They are the volume of solid waste that is received
and the level of compaction for buried solid waste. Estimates will vary depending
on these two factors. If the volume received goes up, the landfill life goes
down but there will be no change in the capacity. If the compaction rate goes
up, landfill life and capacity go up.
Mr.
Smith explained a graph on design life and capacity which shows cumulative tons
and increases in solid waste over a seven-year period. He announced that the
modification permit was issued yesterday and the Phase III Class I landfill
permit was issued on July 25, 2006. With both in hand, we can move forward with
planning. The Phase III construction schedule is: bidding in September; award
in November; construction start in December; completion in November 2007.
Mr.
Smith stated that they want to do some long range planning which could include
exporting out of the County, not using our landfill as the primary source. He
stated that he likes the idea of having control but exporting deserves consideration.
One could be a primary and one could be a backup. In order to have our own
landfill as a backup, we have to continue to use it but it can be used at a
very low rate.
Regarding
the different look of the landfill, Mr. Smith explained that most of what we
are sending into the landfill now is municipal solid waste ash which does not
attract rodents or birds and it tends to have a lesser odor which does not
migrate off-site. We would now be looking at a dump, things we typically would
see in a pure municipal solid waste landfill.
Mr.
Smith explained the flow control issue. Municipalities represent about 50% of
the solid waste received by the County but they have no obligation to deliver
that solid waste. He stated that we have to be mindful of how much we will be
receiving long-term and we have to try to get some kind of commitment from the
municipalities. He stated that we have $7 million in the budget to complete the
construction of Phase III and there is concern about that budget number because
so much of the cost is related to the cost of oil prices. He concluded by
stating that we have very limited space on this site.
CONTRIBUTION
FOR MPOAC LEGISLATIVE ADVOCACY
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the request from the Lake-Sumter MPO for a
$500 contribution for MPO Advisory Council (MPOAC) legislative advocacy
activities for Fiscal Year 2006/2007.
RESOLUTION
- CODE ENFORCEMENT ORDERS
Mr.
Minkoff explained a request for approval of a resolution authorizing the County
Attorney to file suit when necessary to enforce current and future Code
Enforcement orders; authorizing the County Attorney to file suit for injunction
against Superior Concrete Services Corporation and John N. Puder, Inc., to
enforce compliance with County Code. A code case was filed in court against the
concrete facility because the owner had agreed not to occupy a building that
they built without permits. They reneged on that agreement and started using
the 40,000 square foot building in Sorrento and, at the direction of the
department director and the County Manager, we filed in court to get an
injunction to stop them. One of the defenses they raised was that the County
Attorney did not have authority because, in the Code, it says that he acts at
the direction of the Board of County Commissioners. Mr. Minkoff stated that the
resolution gives him authority in that case and also gives him authority in the
future should we elect to use the injunction method for code enforcement.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved Resolution 2006-134 authorizing the County
Attorney to file suit when necessary to enforce current and future Code Enforcement
orders; and authorizing the County Attorney to file suit for injunction against
Superior Concrete Services Corporation and John N. Pruder, Inc., to enforce
compliance with County Code.
LITIGATION
CASES
Mr.
Minkoff advised that a litigation case involving Magnolia Point has settled.
The case involved an easement that was not disclosed when they did the plat and
it interfered with their road. Through mediation, that case was settled and
there was no expense or action required by Lake County.
Regarding
the litigation case involving a concrete plant in Groveland, Mr. Minkoff stated
that he recommended to both parties that the case be mediated. Both parties
have agreed and he would like to schedule it but one party’s condition was that
a County Commissioner attend the mediation. The Commissioner would go with no
authority because any settlement would have to come back to the Board. Mr.
Minkoff advised that he, the County Manager and/or the Deputy County Manager,
and the Department Director will probably attend the mediation also. This case
probably will be discussed in closed session by the Board before the mediation.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved the request from County Attorney to schedule
mediation for the aforementioned case; and approved that Commissioner Stivender
will attend the mediation.
LAKE
COUNTY WATER ALLIANCE
Commissioner
Hanson advised that she currently sits on the Lake County Water Alliance board
and that those meetings conflict with the Mt. Plymouth/Sorrento Planning
Advisory Committee meetings. She asked that she be replaced on the Water
Alliance and she recommended that Commr. Hill be appointed to that board.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board approved adding the item to the agenda.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 3-0, the Board appointed Commr. Hill to sit on the Lake County Water
Alliance.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 3:15 p.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK