A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 5, 2006
The Lake County Board of County Commissioners met in regular session on Tuesday, December 5, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Debbie Stivender; Elaine Renick; and Linda Stewart. Others present were: Melanie Marsh, Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.
INVOCATION AND PLEDGE
Pastor Brent Bickhart from the New Covenant Community Church, gave the Invocation and led the Pledge of Allegiance.
NOMINATION FOR CHAIRMAN AND VICE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board appointed Commr. Cadwell as Chairman of the Board.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board appointed Commr. Hill as Vice Chairman of the Board.
Ms. Cindy Hall, County Manager, stated that she needed to ask for authorization under her Reports to advertise an Ordinance creating a fire service MSTU (Lake County Municipal Service Taxing Unit).
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board agreed to put Ms. Hall’s request for authorization to advertise the Ordinance regarding the MSTU on the Agenda.
Ms. Melanie Marsh, Deputy County Attorney, informed the Board that the Closed Session that was scheduled for 10:00 a.m. that day was moved to 11:30 a.m., and that the Court Reporter had been notified.
Commr. Cadwell stated that the Board will recess after the Board Meeting, and then will come back at 11:30 a.m. for the Closed Session.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the Minutes of September 26, 2006 (Regular Meeting), as presented.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the Minutes of November 7, 2006 (Regular Meeting), as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2, Items 1 through 6, as follows:
List of Warrants
Request to acknowledge receipt of list of 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.
Ordinance from City of Fruitland Park Amending Boundaries
Request to acknowledge receipt of Ordinance No. 2006-025, from the City of Fruitland Park, amending the boundaries of the City of Fruitland Park, by including within the City approximately 18.78+/- acres of property generally located north of Lewis Road, on the west side of CR 468. Passed and ordained the 9th day of November, 2006, by the City Commission of the City of Fruitland Park.
Fire Management Program and Cooperative Forestry Assistance Program Annual Report
Request to acknowledge receipt of Fire Management Program and Cooperative Forestry Assistance Program Annual Report for July 1, 2005 – June 30, 2006.
City of Clermont’s Letter Re: Proposed Large Scale Comprehensive Plan Amendment
Request to acknowledge receipt of letter from City of Clermont, regarding: Proposed Large Scale Comprehensive Plan Amendment to Add Personal Services Use to the Established Business District 1 (EBD-1) Future Land Use District. The public hearing dates for the Comprehensive Plan Amendment are as follows:
Tuesday, November 14, 2006 (1st reading of Adoption Ordinance No. 568-M) Clermont City Council, beginning at 7 p.m., City Hall, 685 W. Montrose Street.
Tuesday, November 28, 2006 (2nd and final reading of Adoption Ordinance No. 568-M) Clermont City Council, beginning at 7 p.m., City Hall, 685 W. Montrose Street.
City of Umatilla’s Community Redevelopment Area (CRA) Document
Request to acknowledge receipt of Community Redevelopment Area (CRA) document for the City of Umatilla, which was approved at the Planning and Zoning Committee Meeting on September 12, 2006, and at the City Commission Meeting on September 19, 2006.
Notice of Special Meeting of Arlington Ridge Community Development
Request to acknowledge receipt of Notice of Special Meeting of Arlington Ridge Community Development District’s Board of Supervisors for Tuesday, November 28, 2006, at 6:00 p.m., at the Arlington Ridge Administration Building, 4463 Arlington Ridge Blvd, Leesburg, Florida 34748.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue
Traffic/Criminal Cases, Month Ending October 31, 2006
Displays revenue collected, and disbursements made to various trusts, surcharges, municipalities, etc.
Disbursements due to Board: $177,729.26
Same period, last year: $156,552.87
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender stated that she wanted to pull Tab 11 for discussion, and that she had asked Mr. Wayne Bennett, Planning Director, and Mr. Jim Stivender Jr., Public Works Director, to go over this item for those that are not familiar with it.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, omitting Tab 11, as follows:
Approval of Resolution No. 2006-221, to amend the Transportation Disadvantaged Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $650,104 deposited into Public Transit Block Grant and provide appropriations for the disbursement for Machinery and Equipment. The Board of County Commissioners was awarded $1,382,877 in 5307 Public Transit Block funding, which was $650,104 greater than initially anticipated and budgeted.
Approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals:
-Refund to USDA/Rural Housing Services on behalf of Ms. Tiffany C. Myles. Waiver approved by the County Manager on 8/22/05.
-Refund to USDA/Rural Housing Services on behalf of Mr. and Mrs. Michael Matchett. Waiver approved by the County Manager on 5/23/05.
-Refund to Habitat for Humanity of Lake County on behalf of Ms. Rhea Turnbull. Waiver approved by the County Manager on 3/30/06.
-Refund to Colonial Bank, N.A. on behalf of Mr. and Mrs. Charles Nunley. Waiver approved by the County Manager on 10/7/05.
Request for approval and signature of grant agreements, Internet Safety Certification, and Certification Regarding Debarment Form. Approval for Library Services Director to sign related grant reports and grant revisions. Approval of Unanticipated Revenue Resolution No. 2006-226 in the amount of $10,000.
Request for approval of agreement between Lake County and Lake County School Board for funding of LCSB Summer School Program
Request for approval of the grant application and subsequent agreement contingent on County Attorney review and approval, authorize Fletcher Smith, Director of Community Services, Robbie Hollenbeck and/or Brenda Quattlebaum to be authorized organization representatives for grant application purposes, and authorize the BCC Chair to sign any required grant documents including subsequent contract and required reports.
Request for approval and execution of a Release of Fine for Property owner: Marshall H. and Betty L. Gaard, Code Case No. 2005060112.
Request for approval and execution of a Release of Fine for Property Owner: Marshall H. and Betty L. Gaard, Code Case No. 2004050175.
Request for approval of the Memorandum of Agreement for Participating Orlando Urban Areas Securities Initiative (UASI) Agencies by the Lake County Board of County Commissioners.
Request for authorization to release a letter of credit for maintenance in the amount of $19,921.00 posted for Bent Tree Phase II, which consists of 52 lots and is located in Section 32, Township 22 South, Range 26 East – Commission District 2.
Request for authorization to release a letter of credit for maintenance in the amount of $24,522.00 posted for Vista Pines, which consists of 50 lots and is located in Section 11, Township 23 South, Range 25 East – Commission District 2.
Request for authorization to accept the final plat for Timuquana Park and all areas dedicated to the public as shown on the Timuquana Park final plat, accept letter of credit for performance in the amount of $55,550.00, and execute a Developer’s Agreement for Construction of Improvements between Lake County and Lake County Acreage, LLC. Timuquana Park consists of 15 lots and is located in Section 32, Township 19 South, Range 28 East – Commission District 4.
Request for authorization to release a letter of credit for performance in the amount of $878,925.30, accept a maintenance bond in the amount of $117,850.00, execute a Developer’s Agreement for Maintenance of Improvements Between Lake County and Meritage Homes of Central Florida (formerly Greater Homes), and execute Resolution No. 2006-227, accepting the following roads into the County Road Maintenance System: Lemay Drive “Part” (County Road No. 0944A), Coldwater Loop “Part” (County Road No. 0944D), Hyland Lane (County Road No. 0944E), and Fish Lane (County Road No. 0944F). Overlook at Lake Louisa Phase II consists of 105 lots and is located in Section 7, Township 23 South, Range 26 East – Commission District 2.
Request to accept the following listed public right of way deeds that have been secured in conjunction with roadway and/or storm water projects: Two Statutory Warranty Deeds, One Quitclaim Deed, and One Deed of Dedication (Right-of-Way)
FINAL PLAT FOR SUGARLOAF MOUNTAIN UNIT 2B
Commr. Stivender stated that Tab 11 was the request for authorization to accept the final plat for Sugarloaf Mountain Unit 2B, and that she felt that there needed to be some discussion on what this actually is and the process it involves, since the Board has two new Commissioners. She also stated that there are some citizens present with concerns about the process and what has been happening, so Mr. Wayne Bennett, Planning Director, and Mr. Jim Stivender Jr., Public Works Director, will explain this item.
Mr. Stivender explained that there are several phases of this large piece of property. This is a Plat Phase Unit 2B, and 1B has been approved. The other parts of the plat have not been approved yet. He showed on the overhead map where the property was in relation to CR 455. He explained that the entrance was located in Phase 1B. He commented that there is one problem, which is that they have not received a performance bond yet, and that the approval would be subject to that performance bond. Also, his staff has been working with the Growth Management staff the past week on a couple of issues regarding future phases of this development, including all the details of all the processes associated with transportation, utilities, and other areas, and how they are all going to work together, and that there will be no other phases done before that is all resolved.
Commr. Stivender commented that some of the concerns she had heard about were regarding four lane highways, and the citizens need to know what this would do to their area.
Mr. Stivender explained that CR 455 is a scenic highway and cannot be more than two lanes, and that CR 561 was just improved with paved shoulders and overlaying, and that there are no plans for any four lane roads associated directly with this development. He stated that there is a study going on in Minneola that includes an access to the Turnpike, and if there is any four lane access at the site, it would come from the south via the Turnpike to allow the development access to the south. He commented that that had not been worked out yet and is in the preliminary phases, and it is going to have to be worked out by the developer with the City of Minneola.
Commr. Stewart inquired that if the road for the interchange is put in up to Sugarloaf, how that will impact the traffic on CR 561 and CR 455, or whether it will be designed to keep the impact minimal.
Mr. Stivender responded that it was set up so the traffic from the subdivision would have a route south rather than CR 455 or CR 561, which should minimize traffic rather than adding traffic. He also commented that the designs they have been working on along CR 455 are to slow traffic down on that road with the multiple entrances that this development of Sugarloaf will have. They have been working on curved cutter sections, roundabouts, and other plans, as part of their master plan.
Commr. Rennick asked if something as sensitive as Sugarloaf could be a regular Agenda Item, rather than on the Consent Agenda, at a later date so that it could be explored further.
Mr. Stivender responded that they could make a presentation of the construction plans they currently have at their office to the Board.
Commr. Cadwell commented that this is one of those cases that the new members came after the prior Board had already acted on the original item, and this is just approval of the plat, but if there are projects that throw up a red flag every time the name is mentioned as this one does, that they should probably put those under Regular Business and make sure that the staff meets ahead of time with the Commissioners so they would understand what that project was.
Commr. Renick asked that if they take the bond, and if for some reason they do not finish the road, and if those costs have escalated considerably in that time, would the County be stuck with the cost. She also asked why does the County do the bond instead of just requiring the developer to put in the road before the County goes forward. She also commented that having this plat approval come before them bothers her a little, because once the plat is approved, they can sell lots. She stated that conceivably people could hold lots waiting to build a home on them and for the road to be built, and with the performance bond set up this way, the pressure would be on the County and not the developer to finish the road.
Commr. Cadwell stated that the performance bond is from when they start the project and includes putting the road in. If they get halfway and quit, then hopefully there are funds to finish, so they do not have something that is half built.
Mr. Stivender presented a letter, dated about six weeks ago, from the engineer’s office that his staff reviewed, that states the cost of construction. He commented that Commr. Renick’s point about escalating construction costs is well taken, but that the situation she is concerned about is rare and has only occurred two times in the last thirty years.
Commr. Cadwell commented that he believes some members of the Board need more time to get comfortable with this issue, and he thinks postponing the vote on this to give members and the public this time would be better than to go forward with the vote and having some members vote against it.
Mr. Stivender responded that that would be fine.
Commr. Stivender inquired whether the performance bond would be ready by the next meeting on December 19.
Mr. Stivender responded that he does not know, because that would depend on the developer who is building this subdivision, and it would be on their time, not the County’s.
Commr. Stivender asked if there was someone present at the meeting that would be able to answer that question.
Cecilia Bonifay, addressed the Board, stating that she represents Sugarloaf, and that this is just a standard plat. She stated that the bond is at Farner-Barley, and apparently they did not get it to the County, but it is in the full amount. She also stated that the performance bonds are usually 110 percent of the estimated cost, to cover any increase. She opined that this is a standard policy that not only this County uses, but every County and every municipality in the State of Florida, and that with all the construction taking place in Florida, it would be apparent if this process and procedure did not work. She commented that this is an administrative determination, and case law states that if all the requirements of a plat are met, that it should be approved, and that it is not a zoning or a discretionary thing. She stated that she has been working closely with the County’s planning staff to get this project updated, and that a workshop or presentation could be done. However, she urged the Board to approve the Plat at this meeting, subject to the performance bond, and that the developer was undertaking a lot of construction costs, such as the building of a water system, putting in the lift stations, and running lines for the City of Minneola, and that development is under way.
Commr. Cadwell stated that at the meeting on December 19, the Board will set aside some time for presentation before the Board makes a determination of whether or not to approve this, and asked Ms. Bonifay to give her presentation at that time, as she had offered to do. He also stated that at that meeting, time will be set aside for a public forum for discussion on this item, but it will not be a public hearing.
Mr. Bennett commented that they would be happy to meet with the people present after the current meeting to share information with them.
After some members of the audience expressed concerns that they had taken time off from work to attend this meeting to be heard regarding this issue, Commr. Cadwell gave permission for a member of the audience to address the Board for five minutes.
Mr. Rob Atchley, who lives on Mountain Loaf Road, overlooking the site of the Plat, addressed the Board, stating that he and his neighbors were given a map at the developer’s sales center by a sales representative of the “new, approved road plan.” He commented that when he compared it to the old road plan that was issued after the study done last May, he noticed that the traffic load analysis was changed, with the connector coming up north through the newly approved Hills of Minneola property, cutting across further west than it did before, and joining with Sugarloaf Mountain Road. He showed the Board on a map the locations he was referring to. He continued by showing that after joining with Sugarloaf Mountain Road, at the bottom of the big hill on the south end, the road comes up to the top of the hill, makes a left turn, and then goes down to CR 561. He showed the Board that the old plan showed the road coming off of the interchange, bending around and coming up beside the east side of the Hills of Minneola property and the west side of the southern portion of the property shown on the overhead, and exiting at CR 455. He stated that in the new report there was a set of charts regarding traffic loading that showed 9,964 vehicle trips one direction and 10,074 the other direction each day on a small two-lane highway, and that currently there are only about 200-300 cars per day and a lot of bicycle riders and pedestrians. Mr. Atchley commented that he and his neighbors do not understand why the old road plan changed into a new plan that dumps a lot of traffic onto Sugarloaf Mountain Road. He commented that he is also concerned that no one will acknowledge the new road plan except for the Sugarloaf Mountain LLC sales people, and that the approval of the Plat 2B would permanently block any access to their property by a major road. He requested the Board to delay this issue until there is a workable roadway plan, and that there is also no plan for schools or roads to accommodate all the new people coming in.
Mr. Stivender commented that his staff had not seen the map that Mr. Atchley presented, and that they have not approved, authorized, or discussed it.
Mr. Cadwell stated that Mr. Stivender would need to meet with the Board when they reschedule this so that they can look at the map, and give the Board his response to it.
Mr. Stivender responded that he would not have to calculate anything to know that the way the map is laid out will not work.
Ms. Bonifay addressed the Board again to state that she will be happy to meet with the County if she has participation and cooperation by the staff during the next two weeks while working with them, because they have a number of things that are pending that have been in discussion for some time and perhaps need some direction. She stated that she would like copies of the maps presented, since she has no idea where those maps came from or if they are an official map of anything.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board moved to postpone the Sugarloaf Mountain Unit 2B Plat until December 19, 2006, when presentations will be made regarding this Plat, with the condition that all relevant information is available and that there has been a resolution of pending problems by then.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Rennick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 17 and 18, as follows:
Request for approval of renewal of lease agreement with the City of Clermont for leased space for the Sheriff’s Office at 882 DeSoto Street, Clermont.
Request for approval to retain Harry T. Hackney as outside counsel to represent the Board of Building Examiners.
The Chairman presented the following Employee Awards:
Presentation of Award to Employees with Five Years of Service
Cornelius Vriesema, Mechanic, Public Safety/Fire Rescue (Not Present)
Pat Flannagan, Library Assistant, Community Services/Library Services/East Lake Library
Kraig Gilligan, Firefighter/EMT, Public Safety/Fire Rescue
Vicki Kochevar, Environmental Inspector, Environmental Services/Customer Service (Not Present)
Shelly Minton, Firefighter/EMT, Public Safety/Fire Rescue (Not Present)
Ross Pinkerton, Firefighter/Paramedic, Public Safety/Fire Rescue
Presentation of Award to Employee with Fifteen Years of Service
Rene Segraves, Assistant Animal Services Director, Public Safety/Animal Services
Presentation of Award to Employee with Twenty Years of Service
Douglas Harrison, Senior Maintenance Specialist, Facilities Development & Management/Facilities Maintenance (Not Present)
Presentation of Award to Employee with Twenty-Five Years of Service
Deborah Boulware, County Extension Service Director, Community Services/
Agricultural Education Services/Cooperation Extension Service
BOARD/COMMITTEE CERTIFICATE PRESENTATIONS
Central Florida Sports Commission
Robert Beucher for service from 1996-2006 (Not Present)
Comprehensive Health Care Committee
Tom Wetherington for service from 1994-2006 (Not Present)
Cultural Affairs Council
Mary McIntyre for service from 2005-2006 (Not Present)
Angela Territo for service from 2005-2006 (Not Present)
Sales Surtax Oversight Advisory Committee
Robert Speaks for service from 2002-2006
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PRESENTATION – LEGISLATIVE POSITIONS FOR 2007
Mr. Jason Showe, Revenue Coordinator, Budget Dept., addressed the Board to present the twenty legislative positions for the 2007 State Legislative Year for Board approval. He explained that these items break into two categories, which are position-based statements and specific funding requests. He commented that thirteen of the twenty requests were based upon similar requests from last year. After review of their items against those established by the Florida Association of Counties last week, they concluded that the County is in line with their Agenda as well. The first item he presented, which was under the Social Services category, was for the County contributions to Medicaid. Currently, the County is required by the State to help fund certain portions of Medicaid. In the current year, the County has over $1.8 million budgeted for these contributions. Mr. Showe commented that any additional mandates to this would impact the County’s ability to provide services in other areas, and they would oppose any Amendment that increases the amount Counties are required to pay towards the State Medicaid Match Requirements. Also, they are asking to increase State aid to Library Operating Grant Appropriations. He explained that State Statutes provide for up to 25 cents for every dollar local government spends; however, since 1998 and 1999, this has been decreasing and is currently at a 4.6 cents per dollar rate. Lake County is requesting a minimum funding level of $41.9 million based on a study prepared by the Florida Division of Library and Information Services. This is estimated to return over $273 million to the State as an investment. They are also asking that they fund Florida Library Construction Grants, and he commented that there are 27 ranked applications, and 15th on that list is a Grant Application for the Lady Lake Public Library. The maximum allowable grant is half a million dollars, which would be leveraged for an estimated $6.1 million in local funding.
Another request that the County is making is for funding for a new facility for the Lake County Health Department in the amount of 3 million dollars for the current Fiscal Year of 2007 and an additional 7 million dollars for Fiscal Year 2008, which would complete the entire project. The County has five acres of identified land for this, and it is necessary to provide some noncritical services which have been eliminated due to facility issues. Mr. Showe also informed the Board that a new request for this year is for funding for a new mobility center for Lake County Public Transportation in the amount of 7 million dollars, which would complete the facility, and the need for this arises from moving from a door to door service to a fixed route service. This would house a staff center as well as storage and vehicle maintenance for the buses. He stated that a continuing request from last year is the funding for the Transportation Disadvantaged Program, and that in 2005, there were over 750,000 trips statewide that were denied due to lack of funding. In Lake County, they supplemented $300,000 to cover those costs so that no one would be denied trips. It is estimated that an additional ten million dollars in statewide funds would give the County $200,000 with which to provide trips. He stated that the County is also asking that Florida Statute, Chapter 427 be amended to provide enforcement actions for those agencies operating outside of the Coordinated Transportation Disadvantaged system, which currently are not being held to the same standards as the County, which has led to some fragmentation and duplication of services. Also, they are looking for continued funding for the Medicaid Nonemergency Transportation Program, plus an additional ten percent increase in the case that Vision and Dental Medicaid service costs go up.
Mr. Showe went on to state that under Public Safety, the County was asking for changes to support the funding structure for a County Department of Juvenile Justice (DJJ). In 2004, the legislative session passed 90 million dollars worth of DJJ costs onto Counties, and the County currently pays $1.1 million towards these costs every year. They are also supporting legislation that assists with the County Emergency Operations Center (EOC). This is a continued request, and recent documentation by the State Department of Emergency Management lists Lake County as seventh on the list for a new EOC. He stated that Lake County is currently approved for $2.7 million worth of funding and is asking for an additional $3.3 million, which would complete that project. He commented that the County is also supporting State funding for local and regional Crystal Methamphetamine enforcement, cleanup, and treatment, because the rise of this drug is becoming alarming. Currently, the Federal Drug Enforcement Agency (DEA) is responsible for cleaning up those sites, once our local law enforcement has broken that site up and done their work. He commented that the small sites can run $2,000 - $3,000 each and the cost would increase depending on the size and sophistication of each operation. He is concerned that if the DEA chooses not to fund this cleanup in the future, they may have a difficult time in providing these. He also stated that in 2006, Lake County was sixth highest in the State for the Methamphetamine labs that were busted.
One of the continuing requests from last year is that the County would like to require companies to provide them electrical grid information during time of emergencies so that they would know where best to distribute services. Also, they are asking all shelters to screen sexual offenders during times of emergency, and that agencies that run the shelters work with law enforcement to ensure that citizens are safe. Mr. Showe stated that they are also asking that State funds not be diverted from Trust Funds, since in 2004 and 2005, there were millions of dollars diverted from Trust Funds such as the Transportation Trust Fund and the Local Housing Trust Funds, and these funds were put into the State General Fund. He explained that they are asking that these funds be maintained for their intended purposes, so that the County does not have to fund those extra needs. He also stated that the County is opposing any increase to Homestead Exemption and the creation of Expenditure and Revenue caps, and that in 2007, the County’s ad valorem revenues were reduced by $28.1 million due to the current Homestead exemptions and Save Our Homes legislation. Also, they are asking that the noncharter counties, such as Lake, be allowed to charge the same Communication Services Tax levy as municipalities and charter counties. There are also requests for funding for road improvements from two lanes to four lanes to County Road 466 and County Road 466A in the Villages and to County Road 470 near the new Florida Turnpike interchange.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Legislative Positions for 2007 and the 2007 Florida Association of Counties (FAC) Legislative Program.
CONSTRUCTION OF DWIGHTS ROAD
Mr. Jim Stivender, Jr., Public Works Director, commented that the reason for the public hearing is because the amount of this project is over $200,000 and that the County is using Sales Tax revenue and doing it internally. He explained that earlier this year, the Board authorized his staff to build a special assessment in East Lake County, and that it was very successful, done in a timely fashion, and was under budget, and that in the spring of 2006, the County accepted bids to resurface Dwights Road, which is a clay road near Lake Louisa State Park. However, the County only got one bid, which came in at about $1.4 million dollars a mile. The County thought that was incredibly excessive, and they had other projects in the same time frame of the first six months of this year that received priority. He opined that the projects have settled down and the contractor prices are now more stable and competitive.
Mr. Stivender stated that they would like to get the Board’s permission to move forward with this project at $778,612.99, which equates to $500,000 a mile to construct this road with a double surface treatment process, using house staff and Sales Tax revenue.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Renick commented that if the County could build the road better and more economically, that was a positive thing.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the request from Public Works to award construction of Dwights Road (County Road #0539) to the Road Operations Division of the Public Works Department in the amount of $778,612.99, utilizing the Renewal Sales Tax Capital Projects Fund.
Mr. Stivender commented that they will start construction right after the holidays, and hopefully it would be done by April, 2007.
APPOINTMENT OF ALTERNATE REPRESENTATIVE OF THE MPO
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved the appointment of Ryan Guffey, Senior Planner, Department of Growth Management, to serve as the second alternate representative on the Lake-Sumter Metropolitan Planning Organization (MPO) Technical Advisory Committee to serve for an indefinite term.
APPOINTMENT OF INDIVIDUALS TO TOURIST DEVELOPMENT COUNCIL
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved and executed Resolution No. 2006-222, appointing individuals to vacant positions on the Tourist Development Council for four-year terms ending December 1, 2010, as follows:
Ms. Terry Knorr-March as an owner/operator of an inn
Mr. Ray Goodgame, representing the City of Clermont (the most populated city)
Eustis Mayor Jonnie Hale as the 2nd elected municipal official
APPOINTMENTS TO AFFORDABLE HOUSING ADVISORY COMMITTEE
Commr. Cadwell commented that the Board has removed two members from the Affordable Housing Advisory Committee because of lack of attendance and because as banks changed hands, they ended up with two members from the same bank on the Committee. He opined that Mr. Mike Cox and Mr. Carl Ludecke have been very active members and that he would recommend for them to be reappointed.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved Resolution No. 2006-223, the reappointments of Mr. Mike Cox and Mr. Carl Ludecke as members of the Affordable Housing Advisory Committee to serve two-year terms ending November 24, 2008.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Resolution No. 2006-224, appointing Ms. Barbara Cosden, as a resident representing the banking industry, and Ms. Vanessa Beam, as a resident representing concerned citizens, as members to the Affordable Housing Advisory Committee to complete unexpired terms ending November 24, 2007.
REPORTS – COUNTY MANAGER
ADVERTISEMENT OF ORDINANCE CREATING FIRE SERVICE MSTU
Ms. Cindy Hall, County Manager, requested authorization to advertise an Ordinance which creates a fire services Municipal Services Taxing Unit (MSTU), as required statutorily to be created prior to January 1. This was an item that came up at the Budget workshop in May to be addressed as far as a funding mechanism that the Board perhaps wanted to consider regarding any shifts in funding through the next budget process. She stated that that Ordinance will be brought to the Board for Public Hearing on December 19, 2006.
Commr. Cadwell commented that the County has had a discussion of this for about four or five years, but never actually took a step to do anything about it at budget time. He opined that the Board should at least give themselves that option of funding fire service as they go through the budget process, so that there could be discussion about whether it is a good thing or not, but he opined that he is not completely convinced that using that option would be best for the County.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the request from the County Manager to advertise an Ordinance creating a fire services MSTU.
REPORTS – COMMISSIONER HILL – DISTRICT 1
EXPLORATION OF ROLL BACK OPTIONS AT NEXT BUDGET SESSION
Commr. Hill commented that, regarding Budget, the Board has had other discussions regarding roll back and looking at options to roll back millage, and she would like to direct staff to bring back some of those options at different levels to look at during their next Budget session, perhaps with the goal of returning to the original millage that they had prior to the Covanta. She suggested that this could be in conjunction with a rate study being done by Solid Waste.
Commr. Cadwell commented that he thought the County had a workshop coming up regarding the budget early in the year.
Ms. Cindy Hall, County Manager, replied that the County typically has done that around April or May, but that the County is looking at a rate study to look at the costs of services for the Solid Waste Program, and once that is complete, they could come back to the Board with some funding options and perhaps some information on different millage reductions. She stated that they could do that perhaps in the spring, prior to when they come forward with the financial retreat.
Commr. Hill stated that she just did not want to wait until the very last minute, but she thought while they are going through those other rate change options, it would be a good time to look at this issue also. She commented that she was just giving a heads-up to staff that this is something they might want to look at.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
LAKE COUNTY DAYS
Commr. Stivender informed the new Commissioners, in case they had not already received their invitations, that Lake County Days are on February 7th and 8th, and that the Board members should put that on their calendar, and that they would like everyone in attendance if possible.
CHRISTMAS PARADE EVENTS IN LAKE COUNTY
Commr. Stivender commented that there were several Christmas parades and events that took place that past Saturday, December 2, and that she attended the Tavares Parade, which she opined went very well and that it was fortunate it did not rain during the parade. She informed the Board that the Cities of Groveland and Howey in the Hills will have their Christmas parades on December 16, 2006.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
PURCHASE OF NEIGHBORHOOD LAKES PROPERTY IN SORRENTO
Commr. Stewart addressed the Board to discuss the importance of looking into having the County purchase the Neighborhood Lakes property in Sorrento, and that they have been negotiating with a lot of different parties over the last few years. She opined that it was an important piece of property, and that the Board should do whatever they can to acquire it.
REPORTS – COMMISSIONER CADWELL- CHAIRMAN AND DISTRICT 5
PROCLAMATION OF OBSERVANCE OF MARTIN LUTHER KING DAY
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Proclamation No. 2006-225, observing Monday, January 15, 2007, as Martin Luther King Day.
GIVING TOY BOX PROGRAM
Commr. Cadwell thanked everyone who participated in the Giving Toy Box program. He stated that they collected the last toys yesterday and that the employees brought in hundreds of toys. He also stated that the shopping spree for the recipients will be at the First Baptist Church in Umatilla on Saturday morning, December 9, starting at 8:00 a.m., and those wishing to help should get there by 7:00 a.m. He also opined that it was a great, dignified way to help others.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board to inform them about “Santa Claus Is Coming To Town,” an upcoming event at the Paisley Community Center, 24958 CR 42, Paisley, on Saturday, December 16, from 11:00 a.m. to 2:00 p.m. He explained that all the children can have their pictures taken free of charge and that this is in cooperation between the Northeast Lake Chamber and Walgreens in Eustis, who are taking the photos and developing them free and furnishing candy canes for all the children. He encouraged everyone to come out for this event. He also stated that this month was the fifth anniversary for the Library in Paisley, and that there will be a celebration there on Thursday, December 7, from 3:00 p.m. to 5:00 p.m. He went on to state that about 6-7 years ago, Ms. Wendy Breeden and Ms. Rhonda Gerber were at one of the Chamber meetings and announced that they wanted to put a library in Paisley, and that he wanted to thank all the Commissioners as well as former Commr. Gerber for making that happen.
RECESS AND REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board will be recessing until 11:30 a.m.
At 11:30 a.m., the meeting was reconvened for a Closed Session to discuss litigation issues.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:26 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK