A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 6, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, February 6, 2007, 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; Elaine Renick; and Linda Stewart.  Commissioner Debbie Stivender was not present.  Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Reverend Dr. Isaac Deas, from The Father’s House, in Leesburg, gave the Invocation and led the Pledge of Allegiance.

PRESENTATION – “GROUNDHOG DAY TORNADO” RELIEF EFFORT

Mr. Jerry Smith, II, Emergency Management Director, addressed the Board to give an update and a slide presentation of the relief effort after the February 2, 2007 tornadoes, which had been dubbed the “Groundhog Day Tornadoes” by the State.  He stated that most of the devastation in Lake County was in a large area from the back side of Paisley to the St. Johns River, around the western shore of Lake Yale, and in Lady Lake.  He stated that there had been 20 fatalities confirmed and identified by the Medical Examiner’s office.  The primary first responders were the Lake County Sheriff’s Office, Lake Sumter Emergency Medical Services, Lake County Fire Rescue, and the Lady Lake Police Department, but that throughout the process, there were law enforcement representatives from all over Central Florida and from Lake County’s municipalities.  He explained that Progress Energy initially had about 45,000 customers without power, and Sumter Electric had approximately 7,500 customers without power initially; but within 36 hours all power was restored.  He opined that the Lake County Sheriff’s Office did a phenomenal job securing all the areas, making sure all those present had a purpose to be there, and ensuring that only emergency vehicles giving aid were able to get access to the area.

He commented that the relief effort was instantaneous.  He reported that The Villages Elementary School was opened up as a general and special needs shelter for people without homes during the rainy and cold weather.  In unincorporated Lake County, the damage total was 70 destroyed and 176 damaged structures; in Lady Lake, there were 36 homes destroyed and 100 homes damaged; and Lake Mack had 33 homes destroyed.  He commented that their Royal Trails tower for their radio system was utterly destroyed.  He related that the National Weather Service had deemed it to be an EF3 tornado with maximum winds of 165 miles per hour, which was comparable to a Category 5 hurricane.  He also stated that the Debris Management Team started clearing thousands of cubic yards of debris within 36 hours after the tornadoes.  Animal Services in the Lake Mack area had rescued 65 animals, including dogs, cats, goats, chickens, geese, and horses, some of which had been returned to their owners and some that were still at the shelter.  He opined that the State and Federal Emergency Management partners had given Lake County a great amount of support.  He stated that the County had been working on getting water, food, tarps, and shelter for displaced people in Lady Lake and Lake Mack, including setting up tents on the property of affected residents in Lake Mack who refused to leave their property.  There had been a tremendous outpouring of donations and volunteers locally and throughout the world offering assistance, and FEMA representatives were already out in the affected areas.

Commr. Stewart commented that she witnessed what Lake County and its citizens did after the tornadoes, and she was proud to be from Lake County.  She also commended Mr. Smith and his department for working all weekend long and continuing to work, and she believed all the people that were working for the recovery effort deserved a standing ovation, which was subsequently given by the Board and the audience.

Mr. Smith thanked the Board on behalf of all the emergency responders, the staff, Emergency Management, the Lake County Emergency Operations Center, and all the volunteers.  He commented that he continued to instill in his staff that their number one focus was relief of the disaster victims and getting their lives back to normal or some semblance of normal as quickly as possible.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, stated that the automated agenda caused a slight glitch and that the Board should have replacement pages for Tab 3 and Tab 20, which both included budget transfers.  She clarified that the budget transfer for Tab 3 was $2,300.00 and the Budget transfer that accompanied Tab 20 was $2,350,000.00.  She also added Addendum No. 1 on her Consent Agenda, with two additional items, one item being a budget transfer from reserves to cover the initial costs associated with the emergency storm-related activities and the other one being a surplus list from Procurement relating to an auction which was scheduled before the next Board meeting.

Mr. Sandy Minkoff, County Attorney, stated that he would like permission to add an Emergency Ordinance, which would tweak the rules regarding temporary housing to aid some of the people receiving FEMA trailers.  He explained that it would require a vote to both put it on the Agenda and a unanimous vote of the Commission to approve it.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved putting the public hearing for the Emergency Ordinance on the Agenda.

MINUTES

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Minutes of January 9, 2007 (Regular Meeting), as corrected.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Minutes of January 16, 2007 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 11, 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.

            Monthly Distribution of Revenue Traffic/Criminal Cases

            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending December 31, 2006, in the amount of $159,429.10.  Same period, last year:  $151,920.12.

            North Lake County Hospital District’s Annual Financial Report

            Request to acknowledge receipt of North Lake County Hospital District's Annual Financial Report, dated September 30, 2006, including audit, auditor general management letter, and applicable responses.

            Intergovernmental Cooperative Agreement

            Request to acknowledge receipt of Memorandum and accompanying copy of Intergovernmental Cooperative Agreement for the City of Eustis, the Town of Lady       Lake, and the City of Tavares, together with an Affidavit regarding authenticity.

            Village Center Community Development District Amended Budget

            Request to acknowledge receipt of Amended budget for the Village Center Community Development District for the Fiscal Year 2005-2006 in accordance with Chapter 190.008(2)(b)(c) Florida Statutes.

            Annexation Ordinance from City of Mount Dora

            Request to acknowledge receipt of Ordinance No. 915, from the City of Mount Dora, annexing Indian Springs property, located north of Wolf Branch Road and east of Britt   Road. Passed and ordained the 16th day of January, 2007, by the City Council of the City of Mount Dora, Florida.

            Before the Florida Public Service Commission:  Notice of Continuation of Hearing

            Request to acknowledge receipt of Before the Florida Public Service Commission: Notice of Continuation of Hearing and Prehearing to Florida Power and Light       Company, the City of North Miami and All Other Interested Persons.

            Docket No. 060198-EI – Requirement For Investor-Owned Electric Utilities To File Ongoing Storm Preparedness Plans And Implementation Cost Estimates.

            Notice is hereby given that a hearing will be held before the Florida Public Service Commission regarding the petition filed by the City of North Miami requesting a hearing pursuant to sections 120.569 and 120.57(1), Florida Statutes, on the portion of Order No. PSC-06-0781-PAA-EI, issued September 19, 2006, that proposed to accept Florida     Power and Light Company’s six-year average tree trimming cycle for its distribution laterals within the City of North Miami’s boundaries. The hearing will be held at the following time and place:

            9:30 a.m. (EST), Monday, February 5, 2007

            Florida Public Service Commission

            Betty Easley Conference Center, Room 148

            4075 Esplanade Way

            Tallahassee, Florida

            Annexation Ordinances from the City of Tavares

            Request to acknowledge receipt of Annexation Ordinances from the City of Tavares, as follows:

            Ordinance No. 2006– 50 Amending the boundaries of the City of Tavares, by   annexing approximately 30 acres located on the north side of Lane Park Road, approximately .9 miles west of the intersection of Lane Park Road and State Road 19. Passed and Ordained the 15th of November, 2006.

            Ordinance No. 2006-52 – Amending the boundaries of the City of Tavares, by annexing approximately 3 acres located 900 feet south of the intersection of County Road 448 and Lake Industrial Boulevard. Passed and Ordained the 20th day of December, 2006, by the City Council of the City of Tavares, Florida.

            Annexation Ordinances from the Town of Lady Lake

            Request to acknowledge receipt of Annexation Ordinances from Town of Lady Lake, as follows:

            Ordinance No. 2006-01 (1310 Wildwood Street, 9.16 acres)

            Ordinance No. 2006-16 (38937 Rolling Acres Road, 1.72 acres)

            Ordinance No. 2006-21 (Hollinshed Avenue, .45 acres)

            Ordinance No. 2006-62 (West of Clay Avenue, .45 acres)

            Other Ordinances from the Town of Lady Lake, as follows:

            Ordinance No. 2006-11 (Granting a special use for Mini-Warehouses used solely as storage and recreational vehicle storage on certain property)

            Ordinance No. 2006-25 (Amending the Ordinance No. 81-8(83), providing for a small scale future land use map amendment in the Comprehensive Plan)

            Annexation Ordinances from the Town of Lady Lake

            Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:

            Ordinance No. 2006-73 – Amending the Town of Lady Lake Land Development Regulations; Chapter 20, Commercial Design Standards, Section B, adding provisions governing waivers and appeals. Passed and Ordained the 16th of November, 2006, by the Town Commission of the Town of Lady Lake.

            Ordinance No. 2006-76 – Establishing a Citizens’ Review Board (CRB) to adjudicate grievances in lieu of an arbitrator previously holding this authority, setting for the criteria for Board membership, establishing hearing procedures, and repealing all conflicting provisions. Passed and Ordained the 16th day of November, 2006, by the Town Commission of the Town of Lady Lake, Florida.

            Ordinance No. 2006-77 – Amending the Town of Lady Lake Land Development Regulations; amending and adding provisions governing exceptions for accessory structures not exceeding 200 square feet on a non residential lot previously granted site plan approval. Passed and Ordained the 22nd day of December, 2006, by the Town Commission of the Town of Lady Lake, Florida.

            Ordinance No. 2006-78 – Amending the Town of Lady Lake Land Development Regulations, regarding Transportation Proportionate Fair Share Program. Passed Lady Lake.

            Minutes of Audit Committee Meeting of Arlington Ridge CDD

            Request to acknowledge receipt of Minutes of the September 18, 2006 Audit Committee Meeting of the Arlington Ridge Community Development District, as approved at the November 14, 2006 meeting.

            COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 18, plus Addendum No. 1-I, with the corrections to Tab 3 changing the budget transfer request amount on the backup material to $2,300.00, as follows:

            Budget

            Request for approval of Budget Change Request:

            Budget Transfer - Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Administration Division. Transfer $2,300 from Reserve for Operations to Buildings. Funds needed to cover architect's additional fees for re-bid of Jail and Prelude Re-roof project. Funds available in Reserve for Operations. After this transfer, the balance in the Reserve for Operations account will be $75,466.

            Growth Management

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. & Betty L. Gaard, Code Case# 2004110207 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. & Betty L. Gaard, Code Case# 2004030074 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. Gaard, Trustee, Code Case# 2004090157 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. Gaard, Trustee, Code Case# 2005060118 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. & Betty L. Gaard, Code Case# 2004100156 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Marshall H. & Betty L. Gaard, Code Case# 2004110128 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Debra J. Ragan, Code Case# 2005040107 - Commission District 5.

            Request for approval and execution of a Release of Fine. Property owner: Ron Benedict, Code Case# 1999050029 - Commission District 3.

            Request for approval and execution of a Release of Fine. Property Owner: AJ Petroleum LLC/Sam Mansour & Florance Mansour, Case# 2006080231 - Commission District 1.

            Request for approval and execution of a Release of Fine. Property owner: Eugene C. Rohrer, Code Case# CEB 90-99 - Commission District 1.

            Procurement

            Request for approval and execution of a contract with HNTB Corporation for engineering services for the Lakeshore Drive Bridge Replacement in the amount of $496,570.00 - Commission District 2.

            Public Works

            Request for authorization to release a maintenance bond in the amount of $51,901.03 posted for Orange Tree Phase 5. Orange Tree Phase 5 consists of 44 lots and is located in Section 14, Township 24 South, Range 26 East - Commission District 2.

            Request for authorization to accept the final plat for The Oaks At Summer Glen and all areas dedicated to the public as shown on the The Oaks at Summer Glen final plat, accept a letter of credit for performance in the amount of $318,950.96, and execute a Developer's Agreement for Construction of Improvements between Lake County and Charlie Johnson Builder, Inc. The Oaks at Summer Glen consists of 56 lots and is located in Section 7, Township 19 South, Range 27 East - Commission District 4.

            Request to have the week of February 18 through 24, 2007 officially declared National Engineers Week in Lake County and have the Chairman present Proclamation No. 2007-17 recognizing same.

            Tourism

            Request for approval of five Resolutions and five awards of $3,000 each to K-Mart Corporation in Mt. Dora (Resolution No. 2007-12), Super Target in Clermont (Resolution No. 2007-13), Publix Supermarkets, Inc. in Eustis (Resolution No. 2007-14), Arlington Ridge Community Development District in Leesburg (Resolution No. 2007-15), and Winn Dixie Stores in Leesburg (Resolution No. 2007-16) for participating in training of the disabled through the Jobs Growth Investment Fund Program.

            ADDENDUM NO. 1-I

            COUNTY MANAGER’S CONSENT AGENDA (CONT’D)

            Budget

            Request for approval of budget transfer from reserved to cover costs associated with emergency storm related activities.

            Procurement

            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.

            COUNTY ATTORNEY’S CONSENT AGENDA

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 19 and 20, with the corrections to Tab 20, changing the budget transfer request amount on the backup material to $2,350,000.00, as follows:

            Request for approval of Lease Agreement between Lake County and Data Graphics.

            Request for approval of Mediated Settlement Agreements with Eagle R&R, Inc. and LM Reed Enterprises, LC and approval of associated Budget Amendment.

            AWARDS AND RECOGNITIONS

            EMPLOYEE AWARDS

            The Chairman presented the following Employee Awards, at which time Mr. Gregg Welstead, Deputy County Manager, gave brief remarks about each individual and their service to the County.

            Presentation of Award to Employees with Five Years of Service

            Jim Dowling, Senior GIS Analyst (not present)

            Growth Management/GIS

            James Kennedy, Equipment Operator IV (not present)

            Environmental Services/Solid Waste Disposal Operations

            Tony Lopresto, Licensing Investigator

            Growth Management/Building Services/Main Office

            John Maruniak, Transportation Planner/Engineer II

            Public Works/Engineering/Transportation

            Joseph Petrik, Equipment Operator III (not present)

            Public Works/Road Operations/Maintenance Area II

            Greg Ybarra, Equipment Operator I

            Public Works/Road Operations/Maintenance Area III

            Gregg Welstead, Deputy County Manager

            County Manager

            Dilcy Baltazar, Senior Landfill Attendant (not present)

            Environmental Services/Solid Waste Administration

            Kathleen Hoehn, Library Assistant

            Community Services/Library Services/Cooper Memorial Library

            Presentation of Award to Employees with Ten Years of Service

            Eric Palmer, Battalion Fire Chief

            Public Safety/Fire Rescue

            Dale Greiner, Building Services Director

            Growth Management/Building Services

            Presentation of Award to Employees with Fifteen Years of Service

            Michael Cordle, Fire Lieutenant/EMT

            Public Safety/Fire Rescue

            Randy Dean, Area Maintenance Supervisor

            Public Works/Road Operations

            Presentation of Award to Employees with Twenty Years of Service

            Gary (Buddy) Steverson, Equipment Operator III

            Public Works/Road Operations/Maintenance Area III

            CUSTOMER SERVICE AWARD

            Carol Boyle, Senior Assessment Specialist – Budget

            Pat Werner, Lead Network Technician – Information Technology

            Erikk Ross, Software/Engineer Programmer – Information Technology

            Anita Greiner, Chief Planner – Growth Management

            Sheila Short, Senior Planner – Growth Management

            COMMUNITY SERVICE AWARD

            Amy Bradford, Administrative Office Associate V – Community Services

            4TH QUARTER AWARDS

            Employee of the Quarter

            James Condon, Facilities Maintenance Coordinator – Facilities Development  and         Management

            Supervisor of the Quarter

            Gary Debo, Solid Waste Operations Director – Environmental Services (not present)

            RETIREMENT

            Ava Kronz, Special Programs Director

            Tourism and Business Relations

            David Block, Firefighter/EMT

            Public Safety/Fire Rescue

            RECESS AND REASSEMBLY

            At 9:50 a.m., the Chairman announced that the Board would recess for ten minutes, until 10:00 a.m., so that some equipment could be set up for the following presentation.

            PRESENTATION

            KICK-OFF BRIEFING BY HNTB ON CR 19A PD&E STUDY

            Mr. Jim Stivender, Jr., Public Works Director, stated that his department was bidding several jobs again, now that the market had stabilized.  He mentioned that they were advertising for the Johns Lake Road intersection project starting on February 6, and that they were on schedule for that.  He opined that the Project Development and Environmental Studies (PD&E Studies) had been very successful and helped them bring projects forward with the public and had also aided in interaction with the Cities.  In this case, they had already met with Eustis and Mount Dora on the County Road 19A Corridor, and his intention at the Board meeting was to bring the Board up to date on the status of this project.  He commented that this area does not get much recognition, being one of the older corridors in the Golden Triangle area, but that they were trying to resolve some of its long-standing problems.  He introduced Mr. Kent Black, HNTB Project Manager, to address the Board regarding this CR 19A Roadway Conceptual Analysis Project.

            Mr. Black stated the limits of the project extended from US Hwy 441 on the north end to Old Hwy 441 at Eudora Road on the south end.  He explained that there were several hundred feet of the corridor that lied within the City of Eustis, and the remainder of the corridor was either in unincorporated Lake County or was within the city limits of Mount Dora.  He opined that the backbone of the study process was data collection and reaching out to the community to understand the issues and challenges that they were facing on a day to day basis while traveling along this corridor.   He went on to explain that there would be an analysis of alternatives, and a preferred alternative would be selected and presented to the Board, the Cities, and the general public, and then they would have a public hearing at the end of the 12-month project.  He stated that they were at an early stage of the project and were still collecting data, and that during the week of February 20, 2007, they were planning to have a kick-off meeting with the general public along the corridor.  He named Lake County, the City of Mount Dora, the City of Eustis, Florida Department of Transportation, local utilities, Department of Environmental Protection, the Water Management Districts, and interested citizens as being partners in this project.

            Mr. Black stated that some of the issues that needed to be addressed were a tight right-of-way, minimal drainage features, left turn delays, lane blockage, awkward side street conditions, traffic safety concerns, pedestrian and bicycle accommodation, and corridor aesthetics.  He commented that the population growth in the area was what triggered the need for this project, and that the traffic projections determined that 22,000 cars would be traveling this corridor daily by 2030.  He stated that in the short term they would look at specific intersections, ways to improve left-turn capacity, enhance side street operation, and improve safety.  Some of the longer term enhancements would include widening the roadway, enhancing pedestrian/bicycle features, and partnering with the Cities for beautification opportunities.  He also stated that they would be addressing environmental issues as part of the concept analysis study such as noise, contamination, and impact to threatened and endangered species.  He commented that he planned to come back at various times during the study to provide the Board with follow ups.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            AGREEMENT FOR CONSTRUCTION OF ADULT DAY SERVICES FACILITY

            Mr. Fletcher Smith, Director of Community Services, addressed the Board to state that this was an agreement between the County and LifeStream Behavioral Center for funding of an Adult Day Service and Geriatric facility.  He explained that several years ago LifeStream was notified that they would have to relocate their facility from the current location, and that last year the County allocated a little over $350,000.00 out of a $500,000.00 request, and this request for $149,679.00 was the second installment payment on that original request.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board approved the agreement between the County and Lifestream in the amount of $149,679.00 for the construction of the Geriatric facility and to authorize the Chair to sign the agreement.

            PURCHASE AGREEMENT OF LAUX/BURT  PARCEL IN LADY LAKE

            Mr. David Hanson, Public Lands Manager, Growth Management, addressed the Board to request approval of the Purchase and Sales Agreement between the County and Marilyn Andrews Burt, Pamela Laux and Ronald Laux for a parcel of approximately 60 acres on the east side of Lady Lake.  He explained that the property was comprised of four distinct land covers, which were fresh water marsh, oak hammock, wet prairie, and the lake.  He stated that there were approximately eight acres of uplands associated with the property, and that about two acres of that were outside the flood plane.  He also stated that some of the uplands had been denuded over time and had been used as a canoe or boat launch by some.  He explained that they had plans to revegetate some of the uplands in the southeast part, getting rid of some of the exotic vegetation.  He commented that there was quite a bit of sand hill crane activity.  He stated that at the January 3, 2007 Public Land Acquisition Advisory Council meeting, the Council recommended that this property be utilized for preservation only with no public access, which fit within the County’s management plan.

            Commr. Renick stated that she had some serious reservations about the purchase of this piece of property.   She explained that a number of residents were concerned about the access to it and felt that they were protecting this property well themselves.  Their major concern was that if the County bought this piece of property, a future County Commission could open this sensitive area up to public access.  She asked the County Attorney how the Board could guarantee that in the future, a different Board could not decide to open that to the public.

            Mr. Sandy Minkoff, County Attorney, stated that he did not think they could provide a guarantee, but that the closest thing to that would be for them to create an Ordinance in the Code specifically designating this property as conservation property.  He commented that that would require that there be public hearings that would be held before any change of use could occur, but that it is impossible to bind future Commissions forever with regard to the property.

            Commr. Renick commented that she had believed that when the County found a piece of property that they were willing to protect, that the residents in the area would be jubilant, but that is not the case with this property.  She stated that she felt conflicted about this issue, because she knew that there was a unanimous vote by the PLAAC (Public Land Acquisition Advisory Council) Committee to go forward with this, but she wanted to hear what the Board had to say about whether the County would be the best stewards at this point.  She did note that there was the fear that if someone other than the County bought this piece of property, they could develop it.

            Commr. Cadwell asked Mr. Hanson if any of this parcel was able to be developed.

            Mr. Hanson responded that it was, and that it was appraised as an estate-type home situation.  He commented that there were two acres that were very dry and that someone might have done some fill on it years ago, and it had taken on scrub characteristics with scrub species out there.

            Commr. Cadwell asked Mr. Hanson for confirmation that this parcel was landlocked and that there was no access for anyone.

            Mr. Hanson responded that that was correct, but that people were improperly accessing it through a forty-acre burnt out grove to the north near the Oak Point subdivision with four wheel drive vehicles.

            Commr. Cadwell asked the residents that were at the meeting that were concerned about this issue to raise their hands, and many hands were raised.  He then related that the only thing close to an assurance that the Board could give them that this would be in perpetuity would be that they could attach an Ordinance that would state that it would have to come back for a public hearing in order for it to change. He clarified that that would not preclude the other Commission from changing their mind, but at least there would be a public hearing, they would be notified, and they would go through another legal process to do that.  He opined that even though to some extent, this parcel would be important concerning environmental issues, it was probably not the prime environmental piece in the County in the program.  He also commented that he was as torn as Commr. Renick was about this decision.

            Mr. Hanson commented that he received a call from the Lady Lake Historical Society, which was very pro public ownership because of the history behind the property.  He also stated that they ran it through their green print model and that it satisfied the minimum of four out of thirteen of their criteria.

            Commr. Renick commented that when she spoke to the women from the Historical Society, they had reservations about this issue when faced with the possibility of the parcel being opened to the public in the future.

            Commr. Cadwell stated that historically the nature of the lake on this property changed with the weather, and what is exposed and available now could be different after a couple of cycles.

            Commr. Stewart asked Mr. Hanson about the value of the land.

            Mr. Hanson stated that the land was appraised as a lakefront residential estate, and the value of the land was comparable to what they would pay for it.  He also commented that the 8-9 acres of uplands was the only value from an appraisal standpoint, and that the lake bottom essentially had no value.

            Commr. Stewart commented that she believed that that land would be more in danger of future development than it would be if PLAAC bought it.

            Commr. Cadwell opined that if the Board decided to buy the land in the future after a private party expressed interest in buying it, the price would change considerably.  He polled the interested residents on whether they would feel secure about the Board purchasing the land and adding language where it would require a public hearing by Ordinance to change the access to the property, but most of the residents were not comfortable with the suggestion.

            Mr. Paul Gerhold, who lived in Lady Lake, whose land was to the south of the parcel, addressed the Board and stated that this purchase was a total shock to the residents, and he opined that the PLAAC Committee procedures should be looked at to ensure resident involvement in the future.  He opined that he would rather see the land developed by a private party than have it turned into a canoe/kayak park with public access.  He would, however, like the County to buy it and preserve it.  He asked if it would be possible for the purchase contract to contain a clause allowing the residents to have the option to buy it in the future if public access were to ever be permitted.

            Commr. Cadwell stated that the only time the Board had ever done anything like that was when they sold it back to the original owners, and confirmed with the County Attorney that the Board could not include that in the purchase contract.

            Mr. Gerhold stated that there were birds, including wood storks and sand hill cranes, nesting on the land as well as other species of animals such as bobcat and fox, and that their concern was that if it was opened to the public, it would get destroyed.  He reiterated that the residents were strongly in favor of the County owning and preserving it.  He stated that he trusted the present Commissioners, but was concerned about a future Board.

            Ms. Marilyn Andrews, one of the owners of the parcel, stated that she thought the statement that the area was always clean and untouched was a mistake.  She stated that she was aware that there was mowing being done on her property next to the lake by the other residents.  She commented that she understood the reason why residents mowed the land, which is to gain a view of the lake, and did not mind that residents do that.  She also commented that boats and trailers were stored on the property, and that the debris from the mowing was placed back on the marsh area.  She stated that her family had owned the land for 60 years, and that she was not adverse to anything that the County or the residents wanted to do with the parcel.

            Commr. Hill asked Mr. Minkoff if there was anything that precluded those residents from buying from the owners, without the Board getting involved in the negotiation.

            Mr. Minkoff stated that the County could probably even convey their contract to them, as long as there was a stipulation that the property was used for conservation and not developed.

            Commr. Cadwell confirmed with Mr. Minkoff that the closing date for the purchase was February 16, 2007, and asked whether it was possible to push the closing date back to meet with the residents and look into other alternatives.

            Mr. Minkoff responded that it would take approval from the seller to do that.

            Commr. Cadwell asked the seller whether they would be willing to change the closing date.  She stated that she would have to get back to the Board with that.  Commr. Cadwell tabled the item for five minutes.  Ms. Andrews later stated that she would agree to the postponement.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 4-0, the Board postponed the decision regarding the approval of the Purchase and Sales Agreement between the County and Marilyn Andrews Burt, Pamela Laux, and Ronald Laux for the 60-acre parcel in Lady Lake for 30 days.

            PUBLIC HEARINGS

            NON-EMERGENCY STRETCHER AND WHEELCHAIR TRANSPORTATION

            ORDINANCE

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE XV, CHAPTER 13, LAKE COUNTY CODE, TO BE ENTITLED NON-EMERGENCY STRETCHER AND WHEELCHAIR TRANSPORT REGULATIONS; PROVIDING FOR DEFINITIONS; PROVIDING STRETCHER VEHICLE REQUIREMENTS; PROVIDING FOR WHEELCHAIR VEHICLE REQUIREMENTS; PROVIDING SPECIAL PROVISIONS FOR TRANSPORTING OXYGEN DEPENDENT CLIENTS; REQUIRING VEHICLE INSPECTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            The Chairman opened the public hearing.

            There being no one who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved Ordinance No. 2007-8, providing for Non-Emergency Stretcher and Wheelchair Transportation Requirements.

            ­AMENDED BUDGET INCLUDING PROJECT CARRY-FORWARDS FOR FY 2006

            Ms. Regina Frazier, Budget Director, addressed the Board and explained that this public hearing was for the approval of the Amended Budget, to include purchase order and project carry-forwards from Fiscal Year 2006.  She commented that these funds were designated for various projects in last year’s Budget that were not completed prior to September 30, 2006.  She stated that the Amendment added approximately $26.7 million to the Budget, and they were seeking approval of Resolution No. 2007-18, recognizing those funds and incorporating them into the Fiscal Year 2007 Budget.

            The Chairman opened the public hearing.

            There being no one who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved the Amended Budget request to include purchase order and carry-forwards from Fiscal Year 2006, and issuance of Resolution No. 2007-18.

            CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATON REPORT

            Ms. Liz Eginton, Housing and Community Development Director, Community Services, addressed the Board and gave a power point presentation regarding the Fiscal Year 2005-2006 Consolidated Annual Performance and Evaluation Report (CAPER).  She explained that the CAPER outlined how CDBG (Community Development Block Grant) funds were used during the last fiscal year and that they were required by federal regulations to make them available for public inspection for fifteen days.  She stated that between October 1, 2005 and September 30, 2006, they drew down slightly over $581,000.00 from the County’s line of credit with the Federal Government, covering eighteen activities.

            Ms. Eginton stated that the fifth phase of the Lake Katherine roadway improvements was delayed because there were no responses the first time the project was put out to bid, but that construction was now well underway and was expected to be completed in a couple of months.  She went on to state that after several unsuccessful tries, the City of Tavares accepted a bid for construction of the West Main Street beautification.  She also reported that the Towns of Montverde and Astatula each spent $40,000.00 to complete their sidewalk projects, and Lady Lake spent $100,000.00.  She related that they passed CDBG funds through to the Health Department, which in turn provided prescriptions to 413 low income persons last year, for a total cost of $130,000.00.  She stated that they used about $7,800.00 in CDBG public service funds to enable Mid Florida Community Services to add weekend frozen meals to weekday meals-on-wheels deliveries for 19 homebound senior citizens.  Also, she specified that $13,700.00 was used to transport 17 homebound senior citizens to congregate meal sites by Mid-Florida Community Services in cooperation with Lake County Connections and the Transportation Disadvantaged section of Community Services.  She also stated that they replaced roofs on three homes and provided funds to the Salvation Army in Leesburg for two walk-in coolers.

            Ms. Eginton noted that they spent 17.2 percent of this year’s CDBG funds on administration.  They are particularly proud of two accomplishments, one of which is that they partnered with LifeStream Behavioral Center to apply for Shelter Plus Care funds to provide rental assistance to people exiting residential mental health treatment facilities.  The other accomplishment was that the Village of Ferndale was selected as the second Community Enhancement Area, and CDBG funds would be used to add rest rooms to the old fire station, which was being used as a community center and also by Fire Services.  Ms. Eginton thanked everyone who partnered with them to make last year’s Fiscal Year a success, and commented that they looked forward to another good year.

            The Chairman opened the public hearing.

            There being no one who wished to address the Board, the Chairman closed the public hearing.

            No other action was required by the Board regarding this issue.

            OTHER BUSINESS

            APPOINTMENT TO IMPACT FEE COMMITTEE

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved the appointment of Eustis Commissioner Karen LeHeup-Smith to represent the League of Cities on the Lake County Impact Fee Committee to complete an unexpired term ending August 6, 2008.

            PUBLIC HEARING

            TEMPORARY HOUSING EMERGENCY ORDINANCE FOLLOWING TORNADO

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for a reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.02.03 LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TEMPORARY RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE HOUSING FOLLOWING A DISASTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            Mr. Minkoff related that this Ordinance had been brought before the Board as an Emergency Ordinance, which would require a unanimous vote of the Commission that day.  He commented that ordinarily it would probably take two to three months to make this type of change if they did not proceed on an emergency basis.  He specified that the Ordinance made changes to a Section of the Land Development Regulations that were created after the hurricanes.  He opined that the changes were relatively minor and were intended to provide flexibility for temporary housing.  He related that the Growth Management Department suggested the changes, and that he had been coordinating the writing of it with them.  He pointed out that the main changes were to allow the County Manager to put requirements in the permits to ensure that owners were taking steps that would lead towards permanent residences.  He went on to state that in Section D, they had eliminated the requirement that the mobile homes could only be placed on lots that were one acre in size, since they had discovered that in Lake Mack, some of the lots were not one acre.  Also, some of the regulations for wetland setbacks were changed to make it possible to put the homes on the lots, since a lot of those homes did not currently meet those regulations.  The language for that section was changed to state that they required that they be placed in a way to minimize impact on the wetland areas and shore lines.

            Mr. Minkoff noted that the amended code regarding the section dealing with the flood zone would require that a mobile or manufactured home would have to meet the Land Development Regulations, such as flood proofing, and being eighteen inches above ground.  However, travel trailers and recreational vehicles could be placed in the flood zone.  He also mentioned that in the last section, previously the Ordinance required only one temporary structure be allowed, but the new Ordinance would allow more than one smaller structure.  Also, the Code would require that the mobile home or recreational vehicle be removed from the premises and properly stored within 30 days after expiration of the permit.

            The Chairman opened the public hearing.

            There being no one who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a vote of 4-0, the Board approved Emergency Ordinance 2007-9 making changes to the Land Development Regulations that were created after the hurricanes, regarding temporary residential, commercial, and industrial housing.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            ENIRONMENTAL COMPLIANCE ISSUES

            Commr. Renick stated that there was a need to better address some environmental compliance issues, such as people filling in wetlands and cutting down Cyprus trees, and suggested that the Board give direction to the County Manager and staff to come up with a better plan than the present convoluted and confusing process.

            Ms. Cindy Hall, County Manager, commented that the County presently did not have an established program or the capability of enforcing environmental compliance, and that it was currently handled through the Department of Environmental Services or the St. Johns Water Management District, which was a step away from the local level.  She opined that the County had people that were very qualified and knowledgeable that could handle those duties.  She stated that she would be glad to put together at staff level a compliance type program and come back to the Board with that at a later date.

            Commr. Hill inquired whether the County’s own Environmental Protection Board could participate in that.

            Ms. Hall responded that they would include that as part of the program. She also noted that the Environmental Protection Board had not been active and that they had been analyzing the mission of that particular agency.

            GOPHER TORTOISE RELOCATION

            Commr. Renick suggested that this might be a good time for staff to look into proposed Ordinances for gopher tortoise relocation, especially in conjunction with the Neighborhood Lakes property, the Comp Plan, and the new LDR’s (Land Development Requirements).  She related that there were five counties that had those Ordinances, and she thought it might be useful for staff to look at those.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            APPRECIATION FOR TORNADO RELIEF ASSISTANCE

            Commr. Stewart thanked Commr. Cadwell for all the long, hard hours he put in throughout the past weekend due to the tornado damage.  She commented that she knew it was not easy and that they really appreciated it.

            Commr. Cadwell commented that they had great staff and great personnel out there in the field and that he had heard nothing but positive things about the way staff had reacted from the first few hours until the present.  He stated that the County had the right people out there doing the job and that they made the County look good.

            CITIZEN QUESTION AND COMMENT PERIOD

             Mr. Roy Hunter addressed the Board and thanked them for the personal phone calls he received from staff checking on him and for all that Commissioners and staff did in the Lake Mack area after the tornado.  He commented that he was fine and was very lucky.  He mentioned that television station Channel 9 was working out a deal with a retailer for the sale of 150,000 weather radios, and suggested that people buy two of them and give one away to someone that really needed it but could not afford it.  He also extended an invitation to anyone who was interested in attending a program at the Paisley Baptist Church at 4:00 p.m. on Thursday, February 8, which would attempt to help people to get homes.

            Commr. Cadwell stated that any of those programs needed to go through the EOC (Emergency Operations Center) to make sure that the citizens are protected and that things were being done the right way.

            Ms. Connie Lawrason from the Plantation of Leesburg, addressed the Board to express concern that it took over 20 minutes for the ambulance to find her home after they arrived at the Plantation development, because the maps were incorrect and the ambulances had no GPS systems.  She stated that the fire truck did find her home within three minutes after her husband called 911 when she showed symptoms of a heart attack, and was able to start treating her but could not transport.  She opined that she believed it was the Board’s responsibility to make sure that the maps that ambulances used were correct since the County subsidized the ambulance service.  She stated that she thought it was unconscionable that the maps had been wrong since at least 2002.  She declared that she would like to see those maps corrected as well as GPS systems installed in all ambulances.

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:18 a.m.

 

 

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK