A REGULAR MEETING OF THE BOARD
OF
SEPTEMBER 2, 2008
The Lake County Board of
INVOCATION
Reverend
Ken Harley, from the
INTRODUCTIONS
The Chairman pointed out the fact that Mr. Howard “Skip” Babb, Jr., Public Defender, was present in the audience, as well as the newly elected Commissioner Jimmy Connor.
AGENDA UPDATE
Ms. Cindy Hall,
Ms. Melanie Marsh, Deputy County
Attorney, stated that Tab 13, a request for approval of the Ordinance
dissolving the Industrial Development Authority, needed to be moved from the
Commr. Cadwell noted that Tab
23, under his Reports, a presentation of the NACO Achievement Award for the
“Festival of
MINUTES
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of July 29, 2008 (Special Meeting – Budget Workshop); July 30, 2008 (Special Meeting – Budget Workshop); and August 5, 2008 (Regular Meeting), as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Court’s Consent Agenda, 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.
Proof of Publication of Unclaimed Moneys and Payment to the Board
Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those moneys advertised, less claims and publication costs.
Notice
Before the
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In re: Petition for Rate Increase by Peoples Gas System, Docket No. 080318-GU - Petition of Peoples Gas System for Interim Rate Relief, with cover letter, dated August 11, 2008.
Southwest
Florida Water Management District’s Tentative Budget for Fiscal Year 2008/2009
Request to acknowledge receipt of CD, containing Southwest Florida Water Management District’s Standard Format Tentative Budget Submission for Fiscal Year 2008/2009.
Lake
Request to acknowledge receipt of
copy of Lake County Water Authority Draft Tentative Budget for 2008/2009, and
Notice of Scheduled Budget Hearings for 5:05 p.m., September 10, 2008, and 5:05
p.m., September 24, 2008, in BCC Chambers,
Notice Before the
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Application of Aqua Utilities, Florida, Inc., pursuant to Section 367.045, Florida Statutes, and Section 25-30.030 of the Florida Administrative Code, of its intent to apply to the Florida Public Service Commission to extend its service area to provide water service to the properties described below in Lake County, Florida.
LEGAL DESCRIPTIONS:
East Lake Harris/Friendly Center Revised Legal Description, Township 20 South, Range 26 East
48 Estates Revised Legal Description, Township 19 South, Range 25 East
Kings Cove Revised Legal Description, Township 19 South, Range 24 East, Section 1
Morningview Revised Legal Description, Township 20 South, Range 24 East, Section 2
Haines Creek Revised Legal Description, Township 19 South, Range 25 East, Section 12 and Section 11
Notice Before the
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, as follows:
Notice of Hearing to Florida Power & Light, Progress Energy Florida, Inc., Florida Industrial Power Users Group, PCS Phosphate – White Springs, and all other interested persons.
Docket No. 080009-EI
Nuclear Recovery Clause
September 11, 12, 17, and 18, 2008, at 9:30 a.m.
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board
approved the
Budget
Request for approval of the following:
Budget
Transfer – Parks Impact Fee South District Fund, Department of Public Works,
Parks and Trails Division. Transfer
$412,399 from Improvements Other Than Buildings to Improvements Other Than
Buildings –
Budget Transfer – Public
Transportation Fund, Department of Community Services, Public Transportation
Division. This transfer is needed to
make adjustments to revenue/expenditure budgets, which is necessary to align
revenues/expenditures with appropriate Public Transportation programs and place
revenues and expenditures in the appropriate object codes, in accordance with
UASM-State Chart of Accounts. This
transfer was requested by
Request from the Sheriff’s Office
for reimbursement of allowable Law Enforcement Trust Fund expenses
incurred. The request exceeds the
Request for approval and authorization for the Chairman to sign Resolutions providing for certification of the assessment roll, as follows: Resolution No. 2008-124 for the Greater Groves Municipal Service Benefit Unit; Resolution No. 2008-125 for the Greater Hills Municipal Service Benefit Unit; Resolution No. 2008-126 for the Greater Pines Subdivision; Resolution No. 2008-127 for the Picciola Island Subdivision; Resolution No. 2008-128 for the Valencia Terrace Subdivision; and Resolution No. 2008-129 for the Village Green Subdivision; providing for certified copies; providing for adoption of the Resolutions; and providing for an effective date.
Conservation and Compliance
Request for approval of Satisfaction and Release of Fine - Owners Name: John W. and Regina Horn, Code Case No. 2006030171 - Commission District 4.
Environmental Utilities
Request for approval of Annual Certified Budgets for Arthropod Control for FY 2008/09.
Public Works
Request for approval to advertise
for bids for the CR-452 Intersection with
Request for approval to advertise
for bids for the CR-452 Intersection with
Request for approval of Resolution No. 2008-130, recognizing observance of "Put the Brakes on Fatalities Day" on October 10, 2008.
Request for authorization to amend
the Developer's Agreement between
Request for authorization to amend
the Developer's Agreement between
Request for authorization to amend
the Developer's Agreement between
ADDENDUM NO. 1
COMMUNITY SERVICES
Request for approval of amendments to the FY 2006/09 Local Housing
Assistance Plan, which will add a Foreclosure Prevention Strategy.
On a motion by Commr. Hill, seconded
by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the
Request
for approval of School Impact Fee Agreement between Evers Enterprises, LLP,
Carl R. Ludecke, as Trustee of Evers Family Trust, and
EMPLOYEE AWARDS
Presentation
of Award to Employees with Five Years of Service
Henry Jenkins, Database/Admin. Program Manager
Public Works/Road Operations
Deborah Marchese, Subdivision Coordinator
Public Works/Funding and Production
Presentation
of Award to Employee with Ten Years of Service
Helena Osborne, Volunteer Coordinator
Community Services/VolunteerLake (Not Present)
Presentation of Award to Employee
with Fifteen Years of Service
Patricia Fletcher, Office Associate IV
Conservation and Compliance/Lake Soil and Water Conservation
Presentation
of Award to Employee with Twenty Years of Service
Sherie Ross, Public Hearing Coordinator
Growth Management/Planning and Community Design
BOARD/COMMITTEE
PRESENTATIONS
CERTIFICATES
Affordable
Housing Advisory Committee
Paul Russell – for service from 2007-2008 (Not Present)
Arts
and Cultural
Judy Tice – for service from 2007-2008
Impact
Fee Committee
Jim Miller – for service from 1998-2008
Ammon Smith – for service from 2006-2008 (Not Present)
Parks,
Recreation and Trails Advisory Board
Basha Schlazer – for service from 1997-2008
Zoning
Board
Phyllis Patten – for service from 2007-2008 (Not Present)
PRESENTATIONS
Mr. Daryl Smith, Environmental Utilities Director, addressed the Board and kicked off the County’s Recycling Program, by distributing to them a sample of blended paint, which he noted is leftover paint that has been turned into the County by the public and blended together. He stated that the County currently has 365 gallons of the paint (interior latex only) in five gallon jugs, as well as one gallon containers, and it is being made available to the public. Anyone that would like to obtain some of the free paint can go by the Environmental Utilities facility, located at the Landfill, in south Tavares, Monday through Saturday, and pick up as much as 10 gallons of paint per month. The paint will be made available to county employees on Saturdays. There is also some paint that has been slightly used, but has not been blended, that is available, as well.
Ms. Sharon Tatum, Public Education Specialist, addressed the Board stating that Pollution Prevention Week, a national event that educates people about environmental pollution and pollution prevention, is September 15-21, 2008. The County will be participating in a Home Expo that is to be held at the Lake Square Mall from September 13th through September 15th. She informed the Board that, throughout the year, they do things to make sure that people are focusing on pollution prevention and asked the Board to approve the Proclamation before them, to let the citizens know that this is an effort that everyone should participate in.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2008-131, declaring the week of September 15, 2008, as Lake County Pollution Prevention Week, and encouraging all businesses and citizens to learn about and practice pollution prevention.
REPORTS –
REQUEST FOR FUNDING FOR EARLY
INTERVENTION LEGAL STAFF
Mr. Howard “Skip” Babb, Jr., Lake County Public Defender, addressed the Board stating that he had sent them a letter in May of this year certifying, pursuant to Florida Statutes, the need for specialized court programs, specifically an Early Intervention Program, with regard to the Criminal Courts System. The program would be designed to provide a quick resolution of criminal cases at the initial phase of the proceedings, to reduce jail overcrowding and prepare for certain anticipated Florida Supreme Court mandates, being mandatory first appearance hearing attendance by State Attorneys and Public Defenders. He stated that his staff has since tweaked it a little and, on August 21st, they sent Mr. Doug Krueger, the County’s Budget Director, an Addendum to their Early Intervention Program. He commented that he and the State Attorney have been working on this project for some time and that he had traveled to the Fourth Circuit, in Jacksonville, to see how the program works, at which time he noted that it involves an experienced Public Defender and Prosecutor working with the Judge, to identify cases that do not need long-term jail time. However, he clarified the fact that it is not a “get out of jail free program” – it is more of a resolution kind of program and he feels the benefits of it could be significant, particularly in relieving jail overcrowding, noting that the number of misdemeanor cases assigned to the Public Defender’s Office in Lake County for the 12 month period between April of 2007 and March of 2008 totaled 2,500, or 1,200 per attorney, which exceeds by far the American Bar Association standard of no more than 400 cases per year. He discussed the cost of housing an inmate in the Lake County Jail and the fact that approximately half of them do not post bond and approximately half of them are first time offenders. He stated that the typical misdemeanor defendant spends between 60 and 75 days in jail; therefore, if the Early Intervention Program was able to resolve only 20% of those misdemeanor cases and 500 defendants did not require extended incarceration, the savings could be dramatic - $1.5 million. He further elaborated on the matter, noting that it is a program that is a work in progress, but that they are going to have measures where they can come back before the Board next year and show them exactly what the funding has done and how much money they were able to save the County, as far as the Jail System is concerned. He asked the Board to approve the request for funding.
Discussion occurred regarding where
the money would come from to fund the program, at which time Commr. Cadwell
noted that he and the
It was noted that the Public Defender’s Office will probably submit a report to the Board on a quarterly basis, regarding the proposed program.
Ms. Cindy Hall,
Commr. Hill stated that the Public Safety Council has been working on this project and has a mapping session coming up, which she feels will help identify where the money should come from. She stated that she understands the Public Defender is getting staff cut from his office, but everybody is, and she feels they need to send a message to the Legislature that they are not providing adequate funds for the Public Defender’s Office and the State Attorney’s Office, which they are constitutionally obligated to do. She feels, if the Board takes the Excess Fees returned to the County from the Sheriff to provide for this program, it will continue to shift more of the burden onto the County and she has a problem with that.
Commr. Cadwell stated that he agreed with Commr. Hill philosophically, however, pointed out the fact that, by the Legislature not doing what it should, the County is spending $1.5 million that it may not have to spend, by investing $180,000 into the program.
Commr. Hill interjected that she does not have a problem with what the Board is implementing, however, feels it is a little premature, in that the matter is supposed to go before the Public Safety Council first. She is concerned that other Constitutional Officers will feel that the Board should fund portions of their budgets, as well, due to budget cuts, and feels that they should band together and tell the Legislature that they cannot keep cutting their budgets, preventing them from doing what they are obligated to do. She wonders whether the School System will come before the Board seeking help with their budgets, also, due to budget cuts, and, if so, whether the Board intended to help them too.
Mr. Babb stated that, as Government is being downsized, the Criminal Justice System is going in the other direction. He stated that it is a problem and that he does not like having to come before the Board begging for funding, but his office needs some help and the program being proposed can help solve the problem.
Commr. Hill indicated that she understood the County was going to have to help implement the program, but that she did not know it was going to involve staffing.
Commr. Renick commented about the program and the fact that, although she agrees with Commr. Hill’s concerns, at the end of the day, most people do not care whose budget anything comes out of – it is whether or not somebody does it, and she does not feel bad about the Board stepping up to do it, unless it does not do what they are hoping it will do, which they can address at that time. She indicated that she would be willing to support the request.
Commr. Stewart stated that the bottom line is that it is a great program and the County is going to save money.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried, by a 3-1 vote, the Board approved a budget request from the Public Defender's Office, regarding legal staff for an Early Intervention Program.
Commr. Hill voted “No”.
COMMUNITY SERVICES
COMMUNITY TRANSPORTATION COORDINATOR RESOLUTION
Mr. Ken Harley, Public Transportation Director, addressed the Board stating that one of the County’s responsibilities, pursuant to Chapter 427 of the Florida Statutes, is to coordinate transportation services for the Transportation Disadvantaged (TD) population of the County, of which there are currently over 19,000 residents who qualify for that program. He stated that every five years, the County’s Community Transportation Coordinator (CTC) designation has to be renewed through the Commission for the Transportation Disadvantaged (CTD) and each year the Lake-Sumter Metropolitan Planning Organization (LSMPO) evaluates the CTC and makes a recommendation for the County to continue as the CTC, which the Local Coordinating Board has done. He stated that they are asking for the Board to adopt a Resolution for the County to continue as the CTC for the next five years and that part of the responsibilities of the County, as the CTC, is to help fund some of the grants that they receive from their funding partners. The two primary ones that the County is required to match is one from the Commission for the Transportation Disadvantaged, which is a 10% match, and one from the Florida Department of Transportation, which is a 50% match. He stated that the County has always exceeded the matching requirements of this program and this year’s proposed budget is requesting $1.8 million for transportation services, which covers the operations of the TD Program.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of Resolution No. 2008-132, acknowledging that the County is willing to continue to serve as the Community Transportation Coordinator, pursuant to Chapter 427 of the Florida Statutes.
CTD/ACHA MEDICAID NON-EMERGENCY
TRANSPORTATION AGREEMENT
AMENDMENT NO. 8
Mr. Ken Harley, Public Transportation Director, informed the Board that normally Medicaid approves an agreement for the entire year, but this year it has been piecemealed. He explained that the Board had already approved one earlier this year and that now they had one before them from September 1, 2008 through November 30, 2008, and that, hopefully, after November the County will have a contract for the rest of the year. He commented that the Commission for the Transportation Disadvantaged (CTD) staff and the Medicaid staff are still negotiating a contract, thus, the reason for not having a full contract for the year. He noted that the County is taking a 4% decrease in the funding level from the prior year through Medicaid this year.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement Amendment No. 8, from September 1, 2008 through November 30, 2008, as presented.
PUBLIC HEARINGS
Ms. Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
AMENDING SECTION 9.07.09, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT
REGULATIONS, ENTITLED LOT GRADING; PROVIDING THAT ELEVATION CHANGES SHALL NOT
EXCEED A MAXIMUM OF TEN (10) FEET; PROVIDING FOR MAXIMUM HEIGHTS OF RETAINING
WALLS; PROVIDIND FOR EXEMPTIONS; PROVIDING FOR CONSISTENCY WITH SUBDIVISION
MASS GRADING PLANS; PROVIDING FOR SIMPLIFIED LOT GRADING APPROVALS; PROVIDING
FOR LOT GRADING PLAN REQUIREMENTS; AMENDING SECTION 14.14.03(C)(1)(J), LAKE
COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, REGARDING PLOT PLAN
SUBMITTAL REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The
Chairman opened the public hearing.
No one
was present in opposition to the request.
There being no one present who
wished to address the Board, the Chairman closed the public hearing portion of
the meeting.
Commr. Renick discussed a concern
she had about the issue of setbacks, with regard to impervious surfaces, and
language contained in the Ordinance which states, “from the property line”,
noting that it makes no sense to her, because she feels when that term is used
it negates the setback, and was informed by Mr. Fred Schneider, Engineering
Director, Public Works, that impervious areas can be located within the
setback. He stated that staff wanted to
create language that would not confuse the Zoning counter about the difference
between “setback” and “off-set”, so, rather than saying “setback 10 feet”, they
said “off-set 10 feet”. He stated that
impervious things, such as sidewalks, slabs, etc., can be placed in the
setback; however, she pointed out the fact that she felt things being allowed
to be placed in the setback would allow the encroachment upon neighboring
properties.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Lot Grading Ordinance No. 2008-60, amending Sections 9.07.09 and 14.14.03 of the LDRs, as presented.
The Chairman noted that this was a request for approval of the Lot Grading Fee Schedule, at which time he opened the public hearing.
Commr. Hill questioned whether there was a fee from the Building Department, as well as from the Public Works Department, noting that she had received some emails about it, to which Mr. Fred Schneider, Engineering Director, Public Works, responded that the fee his department charges is an inspection fee. He stated that there may be a fee associated with the Building Department, or the Zoning Department, but it would not be specific to lot grading and that may be where people are getting a little confused.
Ms. Amye King, Growth Management Director, addressed the Board to clear up any misunderstanding about this request, clarifying the fact that inspectors from the Building Department would be inspecting a structure or swimming pool, to make sure that it meets Code requirements, while the Public Works Department would be inspecting the grading of the lot. She indicated that her department is looking at their Fee Schedule, to make sure that the way the fees are lined up are not confusing and to make it clear as to who will be doing an inspection and for what purpose.
Mr. Tim Duncan, a local contractor, appeared before the Board and discussed some issues he had with the lot grading fee, at which time he noted that he has been charged said fee for doing small screen rooms, where the landscape or the flow of the property was not changed, and questioned whether there was a way that the County could check those sites where dirt would be leveled, but not taken out, to prevent one from having to pay the lot grading fee in those instances.
Mr. Schneider stated that the County has a number of handouts that have been prepared for distribution to the general public at the Zoning counter and, to make things clear on what the County is doing, they have had some training sessions with the Building and Zoning Departments and plan to have another such session with them in the near future. He stated that they will have someone from the Public Works Department at the Zoning counter, as soon as the Ordinance goes into effect, to enable things to move smoothly.
It was noted that, when an individual pulls a permit, staff will look at the project and make a determination at that time whether or not the individual will have to pay the fee.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Lot Grading Fee Schedule, as presented.
ORDINANCE DISSOLVING INDUSTRIAL
DEVELOPMENT AUTHORITY
Ms. Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
REPEALING SECTIONS 2-90 THROUGH 2-90.6, LAKE COUNTY CODE, KNOWN AS THE “LAKE
COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY ORDINANCE”; REPEALING SECTION 22-10
(C), WHICH REFERENCES THE LAKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY;
AMENDING SECTION 22-6(3)A.5. TO REPLACE THE INDUSTRIAL DEVELOPMENT AUTHORITY’S
NOMINEE ON THE IMPACT FEE COMMITTEE WITH A MEMBER FROM THE BANKING OR FINANCE
INDUSTRY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The
Chairman opened the public hearing.
No
one was present in opposition to the request.
There being no one present who
wished to address the Board, the Chairman closed the public hearing portion of
the meeting.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2008-61, dissolving the Industrial Development Authority (IDA), as presented.
OTHER BUSINESS
APPOINTMENTS TO
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board appointed/reappointed individuals to upcoming vacant positions on the Public Land Acquisition Advisory Council, as follows:
Technical Knowledge in Recreation
Howard E. “Bobby” Howell (Appointment)
Familiar with
Jack McDonald (Reappointment)
Business Community Representative
Ken LaRoe (Reappointment)
REPORTS – COMMISSIONER STIVENDER
– DISTRICT 3
CONSTITUTION WEEK PROCLAMATION
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2008-133, proclaiming September 14-20, 2008, as Constitution Week.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
2008 STATE OF THE
On a motion by Commr. Stewart,
seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board
approved to schedule the 2008 State of the County event for Tuesday, October
14, 2008, at 9:00 a.m., to be held at the
CITIZEN QUESTION AND COMMENT
PERIOD
Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board stating that Ms. Julie England, Lake County Extension Agent, will be attending a meeting to be held on Thursday, September 4, 2008, at 6:30 p.m., at the Spring Creek Elementary School Cafeteria, to discuss Food Pricing and Managing for Emergencies and Everyday Uses. He invited everyone to attend and urged people to start their own individual food banks, by purchasing additional food when buying their groceries and, if possible, to purchase an extra can or two of food for a neighbor who cannot afford to do so.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:55 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK