The Lake County Board of County Commissioners met in regular session on Tuesday, February 6, 2001, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell; Jennifer Hill; and Debbie Stivender Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Mr. Watkins gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that there was a printed Addendum to today's agenda.
Commr. Cadwell stated that he would like to add an item involving a Developer's Agreement under his business for Board action.
Commr. Hanson stated that the item can be brought forward at the time of discussion of Commr. Cadwell's business.
MINUTES
Discussion occurred regarding the Minutes of January 9, 2001, Regular Meeting, with Commr. Hanson requesting the following amendment:
Page 16, Line 30 - change resident of "Lake" County to resident of "Sumter" County
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 9, 2001, Regular Meeting, as amended.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 16, 2001, Regular Meeting, as presented.
EMERGENCY SERVICES
Commr. Cadwell stated that he would like to introduce Mr. James A. Judge, Executive Director of Lake-Sumter Emergency Medical Services.
Mr. Judge extended his appreciation to Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, and Mr. Sandy Minkoff, County Attorney, for their help in getting him up-to-date on a lot of the issues. He noted that he left his business cards for each member, and he hopes that they will call him to answer any questions, or for information.
Commr. Cadwell stated that the Lake Sumter Emergency Medical Services Inc. Board of Directors will meet next Monday, and then the Board will be presented with an update.
CLERK OF COURTS' PRESENTATION
Mr. James C. Watkins, Clerk, introduced Mr. Brent Holladay, Chief Deputy, Information Resources, who would be making a presentation on the searchable Board Minutes on the Clerk's Office Internet site.
Mr. Holladay stated that he would be displaying the presentation on the monitor and noted that each of the members had a hard copy of the presentation. He stated that he would be giving an overview of the Lake County Clerk of Courts Website, and he would be focusing on the searchable Board Minutes. Mr. Holladay stated that the Clerk has operated an independent website since June 2000. He stated that they are still working very closely with County personnel to meet the needs of the County, and to meet the needs of the general public. Mr. Holladay stated that the websiste consists of the following:
Mr. Holladay stated that the Board Minutes on the website are available from January 1, 1987, and those minutes will be moved back in time, so that more minutes will be available. He explained that someone can choose a specific date or search an entire or partial database. The Minutes are in a HTML format (basic web browser format) for the flexibility of viewing the minutes, as well as printing the minutes. Mr. Holladay noted that a disclaimer appears on the site that explains that the copies of the minutes are provided for information purposes and may not reflect all final changes in the Official Board Minutes Book, which is maintained by the Lake County Clerk of Court. To receive a certified copy of board minutes, contact or visit the Board Support division. At this time, Mr. Holladay reviewed the methods developed for viewing Board minutes online and tips for searching. Mr. Holladay explained that potential uses included personal research (with disclaimer), printing out text; cutting and pasting from text to other documents; and noting that official copies are only available from the Clerk's Office. In conclusion, Mr. Holladay encouraged the Board to try the site welcomed the Board's comments and other input about the site, and if the Board members had any questions, Mr. Holladay asked that they please contact him.
Commr. Hanson extended her appreciation to Mr. Watkins and Mr. Holladay for bringing their presentation not only to the Board, but to the public that may be watching.
Mr. Watkins stated that he and staff are very proud of the website, and it will be a service that will be used, and the extension of this service, which hopefully will take place in the near future, will allow the public to do many things without having to come to the courthouse. He further stated that it will allow the Clerk's Office to be one of the leaders in this process.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent agenda, Items 1 through 9, as follows:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 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.
Bonds - Contractor
Contractor Bonds, as follows:
New
4927-01 Roddy M. Russell
5813-01 John Jones d.b.a. Jones Roofing & Repair Service
5814-00/01 Paul J. Arroyo (Electrical)
Cancellation
1658-01 Howton Electric
Accounts Allowed/Courts-Judges
Monthly Distribution of Revenue Traffic/Criminal Cases Month Ending December 31, 2000 -
Disbursements made to Board: $128,138.31
Same period last year: $150,937.34
Committees/State Agencies
Received the meeting schedule for the Governing Board of the St. Johns River Water Management District for the year 2001.
Reports/State Agencies
Pursuant to Sections 373.079(4)(b)3 and 373.507(3)(a) Florida Statutes, the St. Johns River Water Management District is submitting a copy of the Five Year Capital Improvement Plan and Fiscal Year 1999-2000 Fiscal Report.
Assessments/Railroads
Received Surface Transportation Board, Washington, DC, Environmental Assessment, Docket No. AB-325 (Sub No. 2 X), Florida Midland Railroad Company Petition for Exemption for Abandonment - in Sumter and Lake Counties, FL. Date made available to the public: January 5, 2001. Comment due date: February 5, 2001 (30 days). If you wish to file comments regarding this environmental assessment, send an original and two copies to Vernon A. Williams, Office of the Secretary, Washington, DC 20423, to the attention of Troy Brady, who prepared this environmental assessment. Please refer to Docket No. AB-325 (Sub. No. 2 X) in all correspondence addressed to the Board. Questions regarding this environmental assessment should be referred to Troy Brady at (202) 565-1554.
Audits/Reports/Community Development Districts
Received in accordance with Chapter 189.006, Florida Statutes, the Deer Island Community Development District's Annual Financial Report for units of Local Government for the fiscal year ended September 30, 1999, and a copy of the District's Audited Financial Statements for the same period.
Accounts Allowed/Courts-Judges
Request to approve and authorize signatures on the following:
a. Satisfaction and Release of Fine - Reynold and Desseree Pearson, Reduction of Order of Fine, in the amount of $1,200.00, dated December 28, 2000, and recorded in OR Book 1894 Pages 1474 and 1475, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 29th day of December, 2000.
b. Satisfaction and Release of Fine - La Marais Holdings, Inc., Order of Fine, in the amount of $3,800.00 dated July 31, 2000 and recorded in OR Book 1846 Pages 824 through 826 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 1st day of August, 2000.
c. Satisfaction and Release of Fine - La Marais Holdings, Inc., Second Order of Fine, in the amount of $6,400.00 dated October 4, 2000 and recorded in OR Book 1867 Pages 2166 through 2168 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 5th day of October, 2000.
d. Partial Release of Fine - La Marais Holdings, Inc., Third Order of Fine, in the amount of $6,700.00 dated December 4, 2000 and recorded in OR Book 1885 Pages 1284 through 1286 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 4th day of December, 2000.
Accounts Allowed/Courts-Judges
Approved and authorized signatures on Satisfaction of Judgment - Case No. 88-1316 CJ - In the Interest of Victor S. Herda, A Child, in the sum of $50.00 against Victor S. Herda and his parent Teri Herda - Final Judgment entered on the 15th day of December, 1988, and recorded in OR Book 0994 Page 0522 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 89-334 CJ & 89-450 CJ - In the Interest of Victor Shawn Herda, A Child, in the sum of $50.00 against Victor Shawn Herda and parents Victor Herda and Terry Herda - Final Judgment entered on the 19th day of April, 1989, and recorded in OR Book 1010 Page 0036 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 88-807 CJ - In the Interest of Victor Shawn Herda, A Child, in the sum of $50.00 against Victor Shawn Herda and his parent Teri Herda - Final Judgment entered on the 15th day of September, 1988 and recorded in OR Book 0981 Page 1081 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-93CFA - State of Florida vs. Victor Herda - in the sum of $200.00 against Victor Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1052 Page 1153 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case 90-96CFA - State of Florida vs. Victor Herda - in the sum of $200.00 against Victor Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1052 Page 1157 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-95CFA - State of Florida vs. Victor Herda - in the sum of $200.00 against Victor Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1052 Page 1158 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-92CFA - State of Florida vs. Victor Herda - in the sum of $200.00 against Victor Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1052 Page 1154 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-96CFA H2 - State of Florida vs. Victor S. Herda - in the sum of $250.00 against Victor S. Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1337 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-97CFA - State of Florida vs. Victor S. Herda in the sum of $250.00 against Victor S. Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1336 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-94CFA H2 - State of Florida vs. Victor S. Herda in the sum of $250.00 against Victor S. Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1334 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-95CFA H2 - State of Florida vs. Victor S. Herda in the sum of $250.00 against Victor S. Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1335 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-92-CFA - State of Florida vs. Victor Shawn Herda in the sum of $250.00 against Victor Shawn Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1333 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-93-CFA - State of Florida vs. Victor Shawn Herda in the sum of $250.00 against Victor Shawn Herda - Final Judgment entered on the 4th day of March, 1991 and recorded in OR Book 1098 Page 1332 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-97-CFA - State of Florida vs. Victor Shawn Herda in the sum of $200.00 against Victor Shawn Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1053 Page 0177 of the Public Records of Lake County, Florida.
Approved and authorized signatures on Satisfaction of Judgment - Case No. 90-94-CFA - State of Florida vs. Victor Shawn Herda in the sum of $200.00 against Victor Shawn Herda - Final Judgment entered on the 28th day of March, 1990 and recorded in OR Book 1052 Page 1156 of the Public Records of Lake County, Florida.
PRESENTATIONS
COMMISSIONERS/COMMITTEES
Commr. Hanson stated that she had a special presentation that she wanted to make to Commr. Cadwell for his outstanding service in the area of industrial and economic development within the County throughout the years, and for his six years of service on the Industrial Development Authority (IDA) and the Economic Development Commission. She presented him with a plaque for his years of service and stated that he has done an outstanding job.
Commr. Cadwell noted that Tab 3 under the County Manager's Consent Agenda regarding Economic Development is a direct result of some of the activities they have had in economic development. He requested that this issue (Tab 3) be pulled from the agenda for discussion.
Commr. Hanson stated that Lake County owes Commr. Cadwell a great deal of gratitude, as well as the boards that he has served on.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that there were no changes to the agenda, but she would like to pull Tab 3 for discussion, as requested.
Commr. Hanson stated that she would like to pull Tab 14 and place it under her business for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, with Tabs 3 and 14 being pulled for discussion, the Board approved the County Manager's Consent Agenda, Tabs 4 through 13, and Addendum No. 1, Item I. A. 1., as follows:
Contracts, Leases & Agreements/Economic Development
Request for approval of Impact Fee Deferral Agreement between Lake County and Kids "R" Kids.
Accounts Allowed/Contracts, Leases & Agreements/Economic Development/Grants
Education
Request for approval to execute contracts between Lake County and Executive Office of the Governor, Office of Tourism, Trade and Economic Development (OTTED) to receive Grant Funds from the Apopka Farm Buyout, in the amount of $792,072.88; and approval to execute contracts between Lake County Board of County Commissioners and the Lake County School Board and the Orange County School Board allowing us to meet the education requirements under the State contract.
Accounts Allowed/County Property/Education
Request for approval of the sale of the 1972 Pumper, County Property #13226, to Lake County School Board (Lake Technical Institute, Institute of Public Safety) in the amount of $1,500.00.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval and signature on the Agreement between lake County and the City of Clermont relating to contribution of Boating Improvement Funds for boating related to their boat ramp on Lake Minneola, in the amount of $40,000.00.
Accounts Allowed/Contracts, Leases & Agreements/Parks & Recreation
Request for approval and signature on an Interlocal Agreement between Lake County and the Florida State Park's Lake Griffin Recreation Area for boating related signage at the boat ramps, in the amount of $4,000.00.
Accounts Allowed/Budget Transfers/Elections
Budget transfer from Contingency - General Fund in the amount of $50,000.00 and Office Supplies in the amount of $11,311.00 (for a total of $61,311.00) to Constitutional Offices/Supervisor of Elections, Various. Additional funds are needed for the Elections budget because of the unexpected complications after the General Election.
Accounts Allowed/Budget Transfers/Sheriff's Department
Budget transfer from Special Reserve - Sales Tax Capital Projects Fund in the amount of $55,120.00 to Constitutional Offices/Sheriff, Law Enforcement Capital Outlay. The Sheriff is requesting this transfer for light bars, sirens and radios for the new patrol units purchased at the beginning of the budget year.
Accounts Allowed/Budget Transfers/Emergency Services
Budget transfer from Machinery & Equipment - squad truck in the amount of $37,069.00 to Emergency Services, Machinery & Equipment - digital cassette recorder/camcorder, smoke machine, staff vehicle - Fire Chief. A decision was made not to buy the squad truck at this time and to use budgeted funds to buy a digital cassette recorder/camcorder, smoke machine and a staff vehicle for the Fire Chief.
Accounts Allowed/Budget Transfers/Emergency Services
Budget transfer from Machinery & Equipment - squad truck in the amount of $27,907.00 to Emergency Services, Machinery & Equipment - pumpers, computers (8). A decision was made not to buy the squad truck at this time and to add to funds budgeted for pumpers and to purchase eight laptop computers for deputy chiefs in the field.
Accounts Allowed/Budget Transfers/Emergency Services
Budget transfer from Machinery & Equipment - rechassis in the amount of $48,812.00 to Emergency Services, Machinery & Equipment - tanker pumper. A decision was made not to do the rechassis at this time and to use the funds budgeted to purchase a tanker pumper.
Accounts Allowed/Resolutions
Resolution 2001-28 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $9,050.00 from Donations (Lake County Day) and to provide appropriations for the disbursement of these funds to Promotion/Special Events (Lake County Day).
Accounts Allowed/Courts-Judges
Request from the Clerk's Office for payment of Criminal Court costs for December 2000. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $26,312.00.
Accounts Allowed/Budget
Request for approval of Impact Fee Refund request to Val Coursey Homes, Inc. in the amount of $1,352.50. Waiver was approved for 75% by the Board of County Commissioners on September 19, 2000. Recipient only received 25% waiver, therefore, additional 50% due to be refunded.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Request for approval and authorization to award RFP #01-003, encumber funds and authorize a contract, subject to County Attorney approval, to Hartman & Associates, inc., to provide engineering services to prepare a water, wastewater and refuse feasibility and master plan for the Mount Plymouth and Sorrento area of Lake County, in the amount of $47,735.00.
Accounts Allowed/Insurance
Request for approval to renew the County's Storage Tank Liability insurance policy, subject to the County Attorney's review and approval, in the amount of $2,568.00.
Deeds/Rights-of-Way, Roads & Easements
To accept two Non-Exclusive Easement Deeds and two Statutory Warranty Deeds, as follows:
Non-Exclusive Easement Deed
Fruitland Park of Lake County, Ltd., a FL Ltd., Partnership,
East Mirror Lake Drive, LAP Sidewalk Project
Statutory Warranty Deed
Ronald and Mei B. Moss, C450 and Umatilla Road, 5-8047, Alt. Easement VP 943
Statutory Warranty Deed
Thomas M. and Roxanne A. Hage, et al, Lake Nellie Road, 2-0542, FDE 2000-073
Accounts Allowed/Road Projects/Municipalities
Request for approval and authorization to execute change order #1 in the amount of $3,800.00 for additional work relating to the North Shore Drive Project in Leesburg, as constructed by Gray Materials & Contracting, Inc.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
County Employees/Insurance/Risk Management
Request for approval and signature on Amendment Number 1 to the Lake County Board of County Commissioners Employee Health Care Plan Preferred Provider Option and Preferred Provider Option regarding a change in the pre-certification listing and a change in eligibility of Dependent children.
ECONOMIC DEVELOPMENT
Commr. Cadwell stated that, in regards to Tab 3, he wanted the Board to know that the average annual wage has increased again to $10.90 per hour, and this will be the number used for the Jobs Growth Investment Trust Fund.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the change to the average annual wage, to $10.90 per hour, as it applies to the Jobs Growth Investment Trust Fund.
PUBLIC WORKS/RESOLUTIONS
Mr. Fred Schneider, Engineering Director, stated that there were some individuals present today who would be going with staff into the eighth grade middle schools to talk about careers in engineering, or just careers in general, to inform them about this type of opportunity, before they begin their high school years. Mr. Schneider stated that this is the sixth year they have participated in this program. He noted that they have not done any tracking of their visits to find out numbers of those individuals who have actually gone into this type career. Mr. Schneider introduced the following staff members who would be participating in the program this year: David Hansen, Ross Pluta, Ashley Couch, Phil Magio, and Noble Olasimbo.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and signature on Proclamation 2001-21 declaring the week of February 18-24, 2001 as National Engineers Week in Lake County, with the Chairman presenting the Proclamation.
PRESENTATION - HABITAT FOR HUMANITY
Growth Management/Building Services
Ms. Sharon Farrell, Senior Director, Growth Management stated that this is the third year for what is called a Charity Education Program where staff provides an electrical seminar to the electrical contractors, with all of the proceeds going to Habitat for Humanity. Ms. Farrell stated that they are pleased to have the Chairman and staff present a check today, in the amount of $4,427.75, to Mr. Demian Roberts who is representing Habitat for Humanity.
Mr. Roberts addressed the Board and stated that Habitat for Humanity is in the process of putting together the 21st Century Challenge, which is an organizational group of all people concerned with affordable housing in Lake County. The first meeting was held January 9, 2001, with about 35 people in attendance, and the second meeting will be in Groveland this Friday. The purpose of the challenge is to unite all of the people concerned with affordable housing and homelessness in Lake County, and to set a time frame for the total elimination of substandard housing and homelessness here. This will be patterned after the Sumter County-Georgia initiative, which was started in 1992 and saw the end of substandard housing in September, 2000. Mr. Roberts stated that they have the entire backing of Habit for Humanity International. He stated that they currently have the land in place to build on, and the volunteers, and there are 180 college students coming from all across the United States, during spring break, to build six houses during that period. They also have most of the funds necessary to build the 14 houses they have scheduled for this year, but what they do not have is the permitting process running smoothly. Although they have 14 buildable lots, they are only building one, and some of them have been delayed in the permitting process for over nine months. Mr. Roberts stated that, if the Board could help him with this part, it would be greatly appreciated, and he would speak to any one of the Commissioners individually, or as a group.
PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT
COMMUNITY SERVICES/GRANTS
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and stated that last year Lake County became an entitlement community for Community Development Block Grant (CDBG) Funds through Housing and Urban Development (HUD).
The County submitted a consolidated plan and it was approved and a contract was entered into with HUD. The first year's allocation was $929,000. Mr. Smith stated that, each year, following the submission of a Five Year Plan, staff has to submit an annual plan of action, which outlines the proposed uses of the dollars; a pre-publication hearing has to be held; they have to allow public comment for 30 days; and then have a final approval of the Action Plan. The 30 day period of time gives citizens and agencies time to review the Action Plan and to make comments, if they choose to do so. Mr. Smith stated that Ms. Liz Eginton, CDBG Director, has created a power point presentation, which outlines what the County has done this year, and what they want to do this coming year, provided the Board wants to continue with the project. She also has some amended budget sheets to show the Board.
RECESS & REASSEMBLY
At 9:35 a.m., the Chairman announced that the Board would take a ten minute recess, to allow staff time to set up for their presentation.
COMMUNITY SERVICES/GRANTS (CONTINUED)
Ms. Liz Eginton addressed the Board and stated that last year a Five Year Plan was prepared, which outlined the proposed uses of the Community Development Block Grant (CDBG) funds for FY 2000-05. Now staff must update the Consolidated Plan by preparing a One Year Action Plan outlining how the funds are to be used in the coming year. Ms. Eginton stated that the intent of today's hearing is to take a brief look at what has been accomplished to date; present a preliminary budget concept for Federal Fiscal Year (FFY) 2001; obtain public reaction to the concept budget and other ideas as to what CDBG funds should be used for next year; and request that the Board direct the Community Services Department to implement Year 2 of the Consolidated Plan with a few minor modifications. She stated that, as of February 1, the County had encumbered 44% of the total grant, or $409,200. Actual expenditures total approximately $89,000 with another $112,000 obligated for paving assessment assistance. The Lake Kathryn and Montverde architectural/engineering design contracts commit another $208,200. Ms. Eginton stated that some of the actual accomplishments that happened during the first four months of FFY 2000 included accepting applications from 44 households for assistance with paying paving assessments for Forest Hills since the middle of October. Staff took applications at two community meetings and in the office. She stated that the County provided approximately 170 prescription medication vouchers worth $29,000 to low income people between the beginning of December and the third week of January. She noted that they may be running out of money by the month of March. She further stated that weekend meal deliveries to 50 homebound senior citizens started in January. Another 50 were added in the first week in February, and another 25 are being added this week. Ms. Eginton stated that artchitectural/engineering design is underway for improvements to the Ingraham Park playground in Tavares; paving of 13+ miles of roadway in Lake Kathryn; and construction of ADA-compliant restrooms at the Montverde Community Building. She noted that the playground and the restrooms will be finished by September 30th, and actual construction of the roadway will start next year and will be finished the following year. Because these programs have gotten off to a successful start, staff would like to continue the activities next year, as outlined in the Consolidated Plan. Funding will also be increased as the FFY 2001 entitlement is larger than FFY 2000. Ms. Eginton stated that she passed out an updated project list, since each of the projects is a continuation of an ongoing activity. She reviewed these projects with the Board and noted the grant total of $969,000. She stated that staff is requesting that the Board direct staff to implement Year 2 of the Plan, with a few minor modifications.
Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson stated that she was very happy that the County is able to help with the prescriptions, and she is pleased with the dollars that have been set aside for paving assessment assistance.
Ms. Eginton stated that they have gone over budget in Forest Hills, and staff is proposing a budget amendment to cover the overage. There was a reduction in the Lake Kathryn budget, because the design contract came in under budget, so they are using the surplus for paving assessments and prescriptions. In regards to the weekend meal delivery, it was noted that staff is working with Mid-Florida Community Services. Ms. Eginton stated that other needs would include helping Section 8 people with their security deposits and with utility deposits, and there are needs for community centers. She stated that staff is looking at some assistance for a possible regional one-stop service center in South Lake. They have discussed doing a partnership with the City of Groveland and having them apply for a Small Cities grant and pair some CDBG funds with that.
Commr. Cadwell questioned whether the Section 8 Housing deposits were on a grant basis, or a loan.
Mr. Smith stated that staff's concept would be to have a revolving fund and have the folks that utilize the program pay back into the fund, on a monthly basis, until they are able to pay for the utilities. He noted that staff likes to keep as many vouchers in use as possible at any given time, because they help determine the administrative fees. Mr. Smith stated that they were estimating $5,000 for the fund, which can be adjusted as they go along.
Commr. Hanson stated that the Affordable Housing Program provides for repairs for conventional homes, but she did not know who provides for repairs for mobile homes. She felt that there was a real need in that area.
Mr. Smith noted that there are restrictions for the use of CDBG funds, in terms of types of structures.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to reconfirm the uses of the FY 2000-2001 Community Development Block Grant (CDBG) Funds proposed in the FY 2000-2005 Consolidated Plan.
CITIZEN QUESTION AND COMMENT PERIOD
CODE ENFORCEMENT/ELECTIONS
Ms. Clare Conner appeared before the Board and stated that she was before the Board about three years ago to complain about someone who had called the Code Enforcement Office to make a complaint and gave her name. When she went to the County Commissioners, she was told that the anonymous calls would stop, but she believes that they have started again. Ms. Conner stated that her cousin was here visiting and has parked his airstream in her front yard, and someone from the County came to see her about it.
Commr. Hanson questioned whether the issue Ms. Conner was bringing before the Board is still an active Code Enforcement case, and Ms. Conner responded that it is an active case. Commr. Hanson stated that Ms. Conner's comments need to be restricted to her objection about having anonymous complaints.
Ms. Conner stated that, when she went to see who had filed the complaint against her, she found out that it was an anonymous caller. She addressed the issue of anonymous calls and stated that she would like to see the Board get this issue on the ballot, so people can vote on it. She stated that, when she moved to Astor, she moved to a campsite, not a gated community, and she has been told that her grandchildren cannot sleep in her camper that is fully contained.
Commr. Hanson noted once again that Ms. Conner needs to restrict her comments, and the Board has a good idea about the anonymous calls. She explained that some of the Board members that had voted to allow the anonymous complaints are gone now, and there is a new Board that can take the issue into consideration.
Ms. Conner presented Commr. Hanson a personal letter from her grandson, Casey, which she read into the record. (The letter was returned to the individual, based on sentimental value).
Ms. Conner questioned what could be done about the camper, and her grandchildren and children staying in it.
Commr. Hanson explained that the Board cannot do anything about the camper, but they can talk about the issue of anonymous complaints. She explained to Ms. Conner that her case involving the trailer has to be determined by the Code Enforcement Board.
Mr. Tommy Leathers, Director of Code Enforcement, addressed the Board and stated that he was not familiar with the particular case.
Commr. Hanson directed Ms. Conner to get in touch with Mr. Leathers to discuss her particular issue.
ANIMAL CONTROL
Mr. Marty Hale appeared before the Board and stated that he had presented the Board members with a letter regarding Animal Control. At this time, Mr. Hale read the letter into the record. The letter explained how he lost his dog in a dog attack, and how this was not the first time an attack has taken place in his neighborhood. In December, 2000, two pit bulls attacked his neighbor's golden retriever. The letter explained how he visited with the Lake County Animal Control after his dog's death and talked to the Field Operations Supervisor, Renee Segraves. He learned that his only course of action was to try and get Animal Control to designate the pit bulls as dangerous dogs. Ms. Segraves related to him that she has tried to get eight dogs certified as dangerous dogs, and in three instances, the Animal Control's rulings were overturned and the dogs were found to be not dangerous. Mr. Hale stated that it is past time to give more authority and/or support to Animal Control in this dangerous dog issue. He asked that the Board return the safety back to their neighborhoods.
Commr. Hanson extended her appreciation to Mr. Hale for appearing before the Board and stated that she did get his letter. She stated that she has written to the County Attorney and asked him to research this issue and find out what the Board can do legally to strengthen the County's rules.
Mr. Sandy Minkoff, County Attorney, explained that the final appeal is to the court. Mr. Minkoff stated that he did not know that there were some rulings that had been overturned by either a Senior Director, or by the courts, but he will verify this information.
Mr. Hale stated that the dogs in the neighborhood did run lose, but he has been told that the owner is now keeping the dogs in a pen, but most of the fencing he has seen is not going to keep a dog in that wants to get out.
Commr. Cadwell stated that what Mr. Hale is telling him is that getting a dog classified as dangerous is where the break down comes, because there are rules in regards to keeping dogs in your yard and those types of things, so those are not the kind of rules that need to be changed.
Mr. Hale stated that Ms. Renee Segraves, Field Operations Supervisor, Animal Control, told him that there were three dogs that had been deemed dangerous and the owners appealed, and on all three occasions, they were overturned. He suggested that maybe the County needs to go from having one hearing officer to three hearing officers, and this will cause the Board to change the code, which may or may not be something that the Board has the authority to do. He stated that this may take saying that, once Animal Control deems a dog dangerous, then it is dangerous, until the owner can prove that it is not, and this is not stated in the guidelines.
Mr. Minkoff stated that the Ordinance was written so that the Board would have the same right of appeal as the owner would to go into court. The first step of an appeal is an internal appeal to a Senior Director, and then it goes on to court after that.
Commr. Hanson stated that staff will follow up on the issue brought forth by Mr. Hale.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CODE ENFORCEMENT/GROWTH MANAGEMENT/ORDINANCES
Mr. Tommy Leathers, Director of Code Enforcement, addressed the Board to discuss the request for approval to advertise for one public hearing to consider changes to Chapter 8 of the Lake County Code regarding the powers and duties of the Code Enforcement division and the Code Enforcement Board due to recent changes to Chapter 162 of the Florida Statutes and situations occurring during the enforcement of the County Codes. Mr. Leathers explained that, in the past couple of years, the Florida Legislature has made some significant changes to Chapter 162 of the Florida Statutes concerning the Code Enforcement Board hearings and procedures.
Commr. Stivender questioned how the Code Enforcement Division was going to run differently with the changes being proposed.
Mr. Leathers explained that there will be no change to the day to day operation, because they just need to reflect the new revisions to Chapter 162. He stated that there is a spot reserved in the Land Development Regulations (LDRs) for citations, and this reflects adding to that, and before that can be initiated, staff would have to hold workshops and have a resolution from the Commissioners.
Mr. Sandy Minkoff, County Attorney, explained that the resolution is part of the Addendum item on the Water Shortage Regulations. When that Ordinance comes forward, staff has also prepared a resolution authorizing the use of citations, and at that point, it will be waiting for staff implementation. He noted that the resolution has been written so that citations can be written for any code violation. In terms of Conditional Use Permit (CUP) violations, the citation process and code enforcement still requires the staff to give an opportunity for the person to bring it into compliance, before a citation can be issued.
Commr. Stivender questioned whether the County still has the capability, in a health and safety situation, to get an injunction to stop and cease.
Mr. Minkoff noted that the County still has this capability, and the Board has given his office blanket authority to file those kinds of suits without coming back to the Board. He further noted that staff will check and make sure the Chairman is aware of the issue, and then they will file the suit.
Commr. Hanson questioned how the County deals with those people who have their property fenced, and staff cannot get in, but they are aware that there are violations, and there may be health and safety issues.
Mr. Leathers stated that staff has to request permission from an adjacent property owner to go onto the property.
Mr. Minkoff explained that staff has the authority to get a warrant in cases particularly if it is health, safety, welfare, or if using the injunction enforcement, they can get approval from the judge to inspect the property. He stated that this happens very rarely, because usually Code Enforcement is able to look to adjacent property owners and find the violations.
Commr. Stivender stated that, in terms of the anonymous complaint situation, she worked in Code Enforcement, and she did not like anonymous complaints.
Commr. Cadwell stated that there may be elderly folks that may be physically afraid of reporting a neighbor. He explained that this is where the interest came from about the anonymous calls, because there is an elderly population in Lake County.
Mr. Leathers stated that the Board changed the process about five years ago, and he personally feels that the Board took a big step forward when they changed the process for making complaints. He used to spend about six hours a day on the phone explaining to people why he could not accept their complaint, because staff had to have their name and address and phone number, so they would hang up and call the Commission Office, and then the Commissioners would call Code Enforcement with an anonymous complaint. He stated that this created a lot more work for the County Manager and the County Commissioners. He further stated that staff started the anonymous complaint on a trial basis, and he feels that a person should be able to call his office and make a complaint without fear for reprisal. Mr. Leathers stated that he does not know of any Code agencies in the State of Florida who do not accept anonymous complaints.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to advertise for one public hearing to consider changes to Chapter 8 of the Lake County Code regarding the powers and duties of the Code Enforcement Division and the Code Enforcement Board, due to recent changes to Chapter 162 of the Florida Statutes and situations occurring during the enforcement of the County Codes.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 2001-22 appointing Mary Walker to the Affordable Housing Advisory Committee as the representative of the USDA Rural Development.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Donald Turpin as the Lake County Schools representative on the Impact Fee Evaluation and Review Committee
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of three Cultural Affairs Council members to fill unexpired terms of office, which were created by resignations, as follows: Robert "Robbie" Cunningham, Elmer James, and Dorothy Keedy.
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2001-23 appointing Commissioner Debbie Stivender as Chairman of the Tourist Development Council.
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2001-24 appointing Commissioner Welton G. Cadwell to the Lake County Affordable Housing Advisory Committee.
APPOINTMENTS/RESIGNATIONS/COMMITTEES
It was noted that the appointment of individuals to vacant District Five positions on the Citizens' Commission for Children would be postponed until next week.
ADDENDUM NO. 1 - OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Kyleen Fischer as the Superintendent of Schools' representative on the Citizens' Commission for Children.
REPORTS - COUNTY ATTORNEY
ACCOUNTS ALLOWED/INSURANCE
Mr. Sandy Minkoff, County Attorney, stated that he was requesting approval of the settlement that staff negotiated with Commercial Union Life, in the amount of $350,000.00. He explained that this arises out of the previous health insurance relationship the County had with Florida Healthcare Cooperative, which went out of business. About a year ago, in December, the Board approved paying claims when the insurer stopped paying the claims. The County paid about $440,000 in claims and proceeded against the reinsurer, Commercial Union, to try and collect those. He noted that, over this three year period, there were approximately $6 million to $7 million in claims and premiums that were paid by the insurance company, or Commercial Union, with this settlement.
Commr. Cadwell stated that, when he was Chairman, he was involved in meeting with the State in trying to negotiate a settlement. He stated that this was an initiative that was set up by Governor Lawton Chiles, and it did not work. He further stated that staff and the Board had some reservations at that time, so they set aside a reserve fund, which was funded by the savings that they found by being in this system.
Ms. Sue Whittle, County Manager, noted that there is approximately $1.8 million in the fund, at this point, and that does not include what will be added with the settlement money.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the settlement agreement with Commercial Union Life, in the amount of $350,000.00.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, stated that he attended a meeting last week with Ms. Sue Whittle, County Manager, Ms. Sharon Farrell, Senior Director of Growth Management, and Mr. Gene Caputo, Intergovernmental Coordinator from the St. Johns River Water Management District (SJRWMD), and Mr. Charles Lovedale, Attorney for SJRWMD, and they requested that the Board adopt an ordinance, which would make it a violation of the County Code to violate the SJRWMD's restrictions on use of water. When they explained that they did not have the manpower to totally enforce it through their entire district, they were asking all of the cities and counties to pass an ordinance, so that the cities and counties could also enforce it. Mr. Minkoff was requesting that the Board approve to advertise an Ordinance relating to Water Shortage Regulations. He noted that the advertising has already be done for it, and it would come before the Board at the next Board meeting. He stated that the impact of this Ordinance would make it a violation of the County Code to violate the SJRWMD's regulations; it would be enforced through citations; and staff will have the resolution, as mentioned earlier, for citations, at the next meeting. There will be a written warning for the first violation; $50 fine for the second violation with escalating fines up to $500. The Ordinance also gives the County Manager and Growth Management the ability to delay new commercial landscaping during times of water shortage declaration by SJRWMD, to have the developer give the County security, and to plant it later when the water shortage is over.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that the developer will have to seed, or mulch, so there is not a lot of sand, or drainage issues. Ms. Farrell stated that, prior to their meeting with the SJRWMD, staff met with Ms. Teresa Watkins, Extension Agent, and she went through the County's Ordinance, and she did not find any reasons to make any changes, but because of the pending position with the SJRWMD, anything over one inch would take more than 30 days to keep alive, and that was the issue.
Commr. Cadwell questioned whether, in terms of manpower, the SJRWMD has informed staff of how many complaints they have been getting and whether staff is planning on doing this on a complaint basis.
Ms. Farrell explained that this is the way that staff handles code enforcement complaints in general, and a lot of calls and questions are being referred the SJRWMD.
Mr. Sandy Minkoff, County Attorney, stated that the SJRWMD indicated that they would be meeting with all of the cities to attempt to get the cities to adopt similar ordinances.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request to advertise for one public hearing to consider changes to Chapter 8 of the Lake County Code regarding the powers and duties of the Code Enforcement division and the Code Enforcement Board due to recent changes to Chapter 162 of the Florida Statutes and situations occurring during the enforcement of the County Codes.
MISCELLANEOUS/FIRE & EMERGENCY SERVICES
Ms. Sue Whittle, County Manager, informed the Board that the fires in the County are contained, and the south County fire is still burning, but it is well contained.
Mr. Minkoff informed the Board that Highway 27 was closed this morning in Polk County, due to an accident and smoke damage.
REPORTS - COMMISSIONER POOL - DISTRICT #2
MISCELLANEOUS
Commr. Pool stated that there was a terrible accident at Highway 27 and Grand Highway yesterday, and he wanted to extend his appreciation and to applaud those who took immediate action to assist those involved in it.
RESOLUTIONS
Commr. Pool read into the record the Proclamation designating February as the month to honor American Veterans wounded in combat (Viola Days).
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Proclamation 2001-25, as presented.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT
Commr. Cadwell stated that he would like to add to the agenda a request for a Developer's Agreement between a single property owner and the County. He stated that they have some personal issues involving a family lot split, and they have to get two variances, which is going to take some time. The Developer's Agreement says that, if they do not get those variances, they will remove the mobile home from the property, at no expense to the County.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place on the agenda the request for a Developer's Agreement, as stated.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Developer's Agreement for Gordon and Susie Richardson, Sleepy Hollow Homes.
REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
EDUCATION/MEETINGS
Commr. Hanson stated that the Board has talked in the past about holding another joint meeting with the Lake County School Board and administration, particularly to discuss the locational criteria for schools, and any other items that need to be discussed.
After getting the consensus of the Board, Commr. Hanson directed Ms. Sue Whittle, County Manager, to set up the meeting with the School Board.
EDUATION/RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2001-26 declaring February 12-18, 2001 as National Career and Technical Education Week in Lake County.
COURTS-JUDGES/RESOLUTIONS
Commr. Hanson stated that she received a letter, as Chairman, from Mr. Rudy Maloy, Chairman, Board of County Commissioners, Leon County, regarding Johnson v. Bush, et al, Case No. 00-3542 CIV-King, United States District Court, Southern District of Florida Restoration of Voting Rights of Ex-Felons. She stated that it was put on the agenda for a approval and execution of a Resolution, but it should have been put on the agenda for discussion only. She stated that her only concern is that the press has created this as a partisan issue, but she does not see it as one.
Mr. Sandy Minkoff, County Attorney, explained that there is a process in which an individual can go through to have his rights restored. He noted that the Governor, and in some cases, the President can restore rights.
Commr. Hanson stated that the issue is being challenged for its constitutionality.
Mr. Minkoff noted that there is a Federal court case that is pending.
Commr. Hill stated that, before the Board addressed this particular item, she knows that the Board just approved a Proclamation for veterans, and she would like to ask the Canvassing Board what policy they are going to implement for the veterans' ballots being counted. She feels that this should be the Board's first priority in this business, if it is going to correct any procedures. She would like to address the veterans' ballots first, before felons.
Commr. Hanson explained that the discussion relates to ex-felons, but she agrees that the priority should be with the veterans issue. She stated that she agrees that this issue on the agenda does not need to be addressed, because it is already in court.
Mr. Minkoff stated that there have been both some court decisions in validating the State Statute, and there is the Commission that the Governor appointed that is looking at the State Statute, so they will address servicemen and employees of the Federal government who are serving overseas, and hopefully this will be addressed by the next time there is an election.
Commr. Cadwell questioned whether the issue before the Board regarding ex-felons and their voting rights was already in the process, or was it a fall out from the election.
Commr. Hanson noted that it was before the election, because it was in September 2000, when a class action suit was filed in the United States District Court in Miami, Florida.
Commr. Pool stated that, by taking no action, it does not mean that he would not take action, but since it is a court case, for the Board to lean on one side would be inappropriate, and as Commr. Hill has stated, the Board has important issues to consider, such as the rights of servicemen and women.
Commr. Hill stated that, if the Board needs to revamp anything, she feels that the Board needs to go to the clemency process, and that should be addressed state wide, and if it is difficult for an individual to go through the clemency process, then they should address that issue.
Commr. Pool stated that he respects the Leon County Commission and what they are trying to do, but he does not think that this Board wants to intervene in a court case, and he feels the court will rule on this issue.
Commr. Hanson stated that she is not sure that it is appropriate to have petitions and resolutions at the local level, when it is a court case.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to not take any action on the case of Johnson v. Bush, et al, Case No. 00-3542 CIV-King, United States District Court, Southern District of Florida.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/EDUCATION
Discussion occurred regarding a Commissioner serving as a representative on the Lake School District Advisory Council for Vocational-Technical, Adult & Community Education, with Commr. Hill stating that it fits in with her other committee assignments, but she also sits on the Lake-Sumter Foundation Board, and she questioned whether there would be conflict.
Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve the appointment of Commr. Hill as the Board's representative on the Lake School District Advisory Council for Vocational-Technical, Adult & Community Education.
Under discussion, Mr. Sandy Minkoff, County Attorney, stated that he would be surprised if it were a conflict with this Board, and if it were a conflict, then the Lake-Sumter appointment would be a conflict with the Commission, as well.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Hanson informed the Board that she received a letter from the Governor's Office appointing her to the Advisory Committee for the Nature Based and Heritage Tourism Committee in Tallahassee.
REPORTS/GROWTH MANAGEMENT
Commr. Hanson informed the Board that the Small Area Study in Mount Plymouth and Sorrento will be discussed this Thursday and Friday evenings starting at 5 p.m. at Wilkinson's Auction, and they should soon have results for the Board.
There being no further business to be brought forward to the Board, the meeting adjourned at 10:55 a.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/2-6-01/2-14-01