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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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.
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.
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.
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
JAMES C. WATKINS, CLERK