The Lake County Board of County Commissioners met in regular session on Tuesday, May 1, 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; Debbie Stivender; Jennifer Hill; and Welton G. Cadwell. Others present were: Sandy Minkoff, County Attorney/Acting County Manager; Valerie Fuchs, Assistant County Attorney; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that there was a published Addendum No. 1 to the Agenda and that Tab 33 on the Agenda was listed under Commr. Stivender's Reports, in error, noting that it should appear under Commr. Hill's Reports. He stated that Mr. Tad Stone, Senior Director, Emergency Services, would be addressing the Board regarding the issue of open burning.
EMERGENCY SERVICES/MISCELLANEOUS
Mr. Tad Stone, Senior Director, Emergency Services, addressed the Board stating that the County has had an extremely difficult time trying to contain a number of wildfires that have broken out in the County. He stated that the Division of Forestry has stopped all authorized burning throughout the County and the U.S. Forest Service has a burning ban in effect until August 1, 2001. He stated that he was going to institute a countywide burning ban on all outdoor burning, with the exception of barbeque grills and one public event that has been scheduled, which he noted will be allowed to take place, because it will be taking place over a lake and there will be fire engines at the scene. He stated that staff would be notifying the media and getting the word out that all outdoor burning will be banned at this time.
PERSONAL APPEARANCES/PRESENTATIONS
PRESENTATION
NATIONAL DAY OF PRAYER IN LAKE COUNTY
Commr. Stivender informed the Board that Ms. Linda Rozar, Lake County National Day of Prayer Coordinator, was present to give a brief presentation regarding National Day of Prayer in Lake County and that she would ask that Ms. Rozar be allowed to address the Board at the beginning of the meeting, due to the fact that she had a prior commitment and needed to leave as soon as possible.
It was noted that Ms. Rozar would be allowed to address the Board as soon as the Consent Agendas were addressed.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Audits/Contracts, Leases and Agreements
Request for approval of contract with Ernst & Young, for audit services through September 30, 2002. Budgetary impact - 2001 - $146,250.00; 2002 - $150,650.00.
Accounts Allowed/Contracts, Leases and Agreements
Request for approval of Engagement Letter from Ernst & Young confirming scope of services to assist the County with assessing the County's readiness for implementing Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements - and Management Discussion and Analysis - for State and Local Governments (Statement No. 34), at a cost not to exceed $25,000.00, and authorized proper signatures on same.
Accounts Allowed
Request to acknowledge receipt of 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.
Municipalities/Ordinances
Request to acknowledge receipt of Voluntary Annexation Ordinances from the City of Minneola, as follows:
Ordinance No. 2000-44, annexing approximately five acres of property generally located west of Highway 27, south of Oak Valley Boulevard, in Section 6, Township 22 South, Range 26 East, belonging to J. and H. Investments of Clermont, Inc., into the City limits of the City of Minneola. Passed and ordained the 27th day of March, 2001, by the City Council of the City of Minneola, Florida.
Ordinance No. 2000-45, annexing approximately 10 acres of property generally located east of Highway 27, South of North Grassy Lake Road, in Section 6, Township 22 South, Range 26 East, belonging to J. and H. Investments of Clermont, Inc., into the City limits of the City of Minneola. Passed and ordained the 27th day of March, 2001, by the City Council of the City of Minneola, Florida.
Accounts Allowed/Courts-Judges
Request to approve Satisfactions of Judgment, as follows, and authorized proper signatures on same:
State of Florida vs. Guadalupe S. Martinez, in the amount of $750.00 - Case No. 98-01731-CFA-01. Guadalupe S. Martinez is fully released and discharged from the Final Judgment Assessing Attorney's Fees and Costs. Final Judgment was entered on the 27th day of September, 1999, and recorded in Official Record Book 1766, Page 1404, of the Public Records of Lake County, Florida.
State of Florida vs. Michael Allen Buck, in the amount of $250.00 - Case No. 95-01581-CFA-01. Michael Allen Buck is fully released and discharged from the Final Judgment Assessing Attorney's Fees and Costs. Final Judgment was entered on the 30th day of December, 1996, and recorded in Official Record Book 1490, Page 574, of the Public Records of Lake County, Florida.
State of Florida vs. Michael Allen Buck, in the amount of $250.00 - Case No. 96-01654-CFA-01. Michael Allen Buck is fully released and discharged from the Final Judgment Assessing Attorney's Fees and Costs. Final Judgment was entered on the 30th day of December, 1996, and recorded in Official Record Book 1490, Page 573, of the Public Records of Lake County, Florida.
Accounts Allowed/Courts-Judges
Request to approve Satisfaction and Release of Fine for Gordon A.Scott, who is released from any claims, demands, causes of action and judgments arising from the Reduction of Order of Fine, in the amount of $500.00, dated March 29, 2001, and recorded in Official Record Book 1926, Pages 934 through 936, of the Public Records of Lake County, Florida, on the 30th day of March, 2001, and authorized proper signatures on same.
Accounts Allowed/Courts-Judges
Request to approve Release of Fines, as follows, and authorized proper signatures on same:
Arthur O. and Marlene Gerber are fully released and discharged from any claims, demands, causes of action and judgments arising from the Order of Fine, in the amount of $6,250.00, dated November 21, 2000, and recorded in Official Record Book1882, Pages 1503 through 1505, of the Public Records of Lake County, Florida, on the 1st day of March, 2000.
Niga Limited Partnership is fully released and discharged from any claims, demands, causes of action and judgments arising from the Reduction of Order of Fine, in the amount of $0.00, dated March 26, 2001, and recorded in Official Record Book 1924, Pages 1351 through 1353, of the Public Records of Lake County, Florida, on the 27th day of March, 2001.
Nayland T. and Laura J. Stevens are fully released and discharged from any claims, demands, causes of action and judgments arising from the Reduction of Order of Fine, in the amount of $0.00, dated March 29, 2001, and recorded in Official Record Book 1926, Pages 937 through 939, of the Public Records of Lake County, Florida, on the 30th day of March, 2001.
Accounts Allowed
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 2001, in the amount of $186,220.73. Same period last year: $151,630.46.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hill informed the Board that she would like to pull Tab 5, a request from Facilities and Capital Improvements for approval to seek two appraisals for the former Jahna Mine site, for potential park land acquisition, in the approximate amount of $10,000.00, for discussion.
Commr. Hanson stated that she would like to pull Tab 2, a request from Community Services for approval of waiver of impact fees for applicants for the County's Housing Assistance Program, funded by the State Housing Initiatives Partnership Program (SHIP), for discussion, as well.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests, with the exception of Tabs 2 and 5, which were pulled from the County Manager's Consent Agenda, for discussion.
Accounts Allowed/Community Services/Contracts, Leases and Agreements
Request from Community Services for approval and execution of Agreement between Lake County, Stuckey's Kids, and South Lake County Community Foundation, Inc. (SLCCF); and approval to encumber funds, in the amount of $9,800.00.
Accounts Allowed/Facilities and Capital Improvements/Jail/Courthouse
Request from Facilities and Capital Improvements for approval to repair the fire safety sprinkler systems in the Judicial Center and the Detention Center, in the amount of $41,260.00.
Budgets/Budget Transfers/Fiscal and Administrative Services - Budget/Impact Fees
Request from Fiscal and Administrative Services - Budget, for approval of the following:
Budget transfer, in the amount of $6,500.00, from Contingency - Landfill Enterprise to Solid Waste Management Services, Contractual Services. Funds are needed to cover the cost of a temporary person, due to one Assessments position and their related duties moving to the Solid Waste Management Services Department from the Fiscal and Administrative Services Department.
Budget transfer, in the amount of $150,000.00, from Contingency - Landfill Enterprise to Solid Waste Management Services, Astatula Outside Disposal. Funds are needed to cover increased costs for leachate transportation and disposal. The original budget was based on transportation and leachate rates for the City of Kissimmee, who will no longer accept leachate from Lake County.
Budget transfer, in the amount of $10,000.00, from Contingency - Sheriff to Law Enforcement Operating. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer, in the amount of $10,000.00 from Contingency - Sheriff to the Law Enforcement Operating account.
Budget transfer, in the amount of $41,260.00, from Buildings to Facilities and Capital Improvements, Repair and Maintenance. Repairs to the fire sprinkler system in the Main Jail and Judicial Center costs $41,260.00 and are necessary to meet fire inspection requirements.
Check Request (Direct Pay) from the Clerk's Office, for payment of Criminal Court costs for March, 2001. The request exceeds the Interim County Manager's approval limit of $25,000.00. Total payment is for $29,431.00.
Impact Fee Refund request for Harvey Mobile Homes, Inc., in the amount of $1,842.31, due to proof of previous structure on property being presented after building permit was issued.
Impact Fee Refund request for Kenneth M. Sr. and Donna I. Hosler, in the amount of $1,321.00, due to fees charged for four bedroom home on three bedroom home.
Accounts Allowed/Contracts, Leases and Agreements/Impact Fees
Fiscal and Administrative Services - Procurement Services
Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award RFP No. 01-016, encumber funds, and authorize a contract, subject to County Attorney approval, to Nabors, Giblin & Nickerson, P.A., to provide impact fee studies, in the amount of $164,500.00.
Contracts, Leases and Agreements/Emergency Services/Growth Management
Municipalities
Request from Growth Management for approval of Interlocal Fire Prevention Service Agreement with the Town of Lady Lake, dealing with provision of building plan review and fire inspection services.
Bonds - Mobile Home/Growth Management/Municipalities
Request from Growth Management for approval of a Mobile Home Bond for Ronald Stevenot, Jr., located at 14200 CR 450, Umatilla, for security reasons, during the construction of his home.
County Employees/Human Resources
Request from Human Resources for approval and authorization for the Chairman to sign one year of service letters.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval and authorization to advertise for bids for CR 44 "Part" Widening and Resurfacing Project No. 2001-13, at an estimated cost of $370,250.00, from the Impact Fee Fund. Commission District 4 - Benefit District 2.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval and authorization to advertise for bids for CR 33 "Part" Widening and Resurfacing Project No. 2001-14, at an estimated cost of $1,088,000.00, from the Impact Fee Fund. Commission District 2 - Benefit District 6.
Accounts Allowed/Assessments/Bids/Municipalities/Public Works
Roads-County and State/Road Projects
Request from Public Works for approval and authorization to advertise for bids for Special Assessment Project No. 93 (Holiday Road and Holiday Circle), located in the Holiday Haven Campsites, in Astor, at an estimated cost of $90,735.00.
Accounts Allowed/Bonds/Public Works/Resolutions/Roads-County and State
Request from Public Works for approval and authorization to accept a Performance Bond, in the amount of $542,005.10, that has been assigned for the purpose of fulfilling the Maintenance Bond requirements; and to execute Resolution No. 2001-86, accepting Glennbrook Boulevard "Part" (CR 2-0163C) into the County Road Maintenance System.
Public Works/Miscellaneous
Request from Public Works for approval and authorization to accept the final plat for Home Depot, consisting of two lots - Commission District 2.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval and authorization to award Lakeshore Drive
(CR 452) "Part" Improvement Project No. 2001-11, Bid No. 01-55, to Professional Dirt Service; and to encumber and expend funds, in the amount of $69,376.00, from the Transportation Trust Fund.
Resolutions/Tourism
Request from Tourism for approval of Resolution No. 2001-87, proclaiming May 7-12, 2001 as National Tourism Week, within the confines of Lake County.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Accounts Allowed/Fiscal and Administrative Services - Procurement Services
Municipalities/Roads-County and State
Request from Fiscal and Administrative Services - Procurement Services for approval of a sole source procurement from E. J. Brenemen, L.P., for the reconstruction of Old Highway 441, from the Orange County line to Robie Avenue (4-3880), in Mt. Dora, utilizing the NovaChip paving process, in the amount of $30,000.00.
PERSONAL APPEARANCES/PRESENTATIONS
PRESENTATION
NATIONAL DAY OF PRAYER IN LAKE COUNTY
Ms. Linda Rozar, Lake County National Day of Prayer Coordinator, addressed the Board stating that an observance of National Day of Prayer, which is May 3, 2001, would be held at Leesburg City Hall at noon and that the City of Groveland would be holding an observance, as well. She invited the Board and the general public to attend said observances. She requested a moment of silence, in honor of those families who have lost loved ones throughout the Nation, at which time she read into the record a prayer by Reverend Billy Graham.
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
The Chairman presented Employee Awards, as follows:
Awards to Employees with Five Years of Service to the County
James W. Bryan, Maintenance Crew Leader, Facilities and Capital Improvements/Facilities Management (Not Present)
Judith A. Reid, Procurement Specialist, Fiscal and Administrative Services/Procurement Services
Award to Employee with Ten Years of Service to the County
Norman R. Hurlburt, Energy Management Technician, Facilities and Capital Improvements/Energy Management (Not Present)
Award to Employee with Fifteen Years of Service to the County
James W. Bridgewater, Jr., Aquatic Biologist/Supervisor, Public Works/Special Services
Award to Employee with Twenty Years of Service to the County
Eric A. Cotsenmoyer, Mosquito Aquatic Plant Management Director, Public Works/Special Services
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PRESENTATIONS
EDUCATION/RESOLUTIONS/SOLID WASTE
The Chairman presented the following Proclamations recognizing recycling efforts:
Proclamation declaring the City of Eustis as the Municipal Recycler of the Year (third time in a row).
Proclamation designating Tavares High School as the High School Recycler of the Year.
Proclamation designating Mount Dora Middle School as the Middle School Recycler of the Year.
Proclamation designating Round Lake Elementary School as the Elementary School Recycler of the Year.
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PUBLIC HEARING
ORDINANCE CREATING CENTRAL LAKE COMMUNITY DEVELOPMENT DISTRICT AND INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND CENTRAL LAKE COMMUNITY DEVELOPMENT
Ms. Valerie Fuchs, Assistant County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE COUNTY OF LAKE, FLORIDA, CREATING THE CENTRAL LAKE COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO FLORIDA STATUTE 190.005, ENCOMPASSING PORTIONS OF LAND IN SECTION 26, TOWNSHIP 20 SOUTH, RANGE 25 EAST, LAKE COUNTY, FLORIDA; PROVIDING FOR THE MEMBERS OF THE BOARD OF SUPERVISORS FOR THE DISTRICT; PROVIDING FOR THE NAME OF THE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR POWERS OF THE DISTRICT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that staff had notified the City of Howey-in-the-Hills that this Ordinance was going to be on the Agenda. He reminded the Board that they had before them both the Ordinance and an Interlocal Agreement, which would also need to be included in the motion for approval.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 2001-75, creating the Central Lake Community Development District; and approved an Interlocal Agreement between Lake County and Central Lake Community Development.
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PUBLIC HEARING
ORDINANCE RELATING TO DISTRIBUTION OF CHOOSE LIFE LICENSE PLATE REVENUE
Ms. Valerie Fuchs, Assistant 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; CREATING ARTICLE IV, CHAPTER 11 OF THE LAKE COUNTY CODE, TO BE ENTITLED DISTRIBUTION OF CHOOSE LIFE LICENSE PLATE REVENUE; PROVIDING FOR THE DISTRIBUTION OF STATE LICENSE PLATE REVENUE TO ELIGIBLE NOT FOR PROFIT AGENCIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; 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.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried, by a 4-0 vote, the Board adopted Ordinance No. 2001-76, relating to distribution of Choose Life License Plate Revenue.
Commr. Cadwell was not present for the discussion or vote.
COMMUNITY SERVICES/IMPACT FEES
Commr. Hanson informed the Board that she requested that this request be pulled from the County Manager's Consent Agenda and discussed separately, because the Board is again approving waivers of impact fees for applicants to the County's Housing Assistance Program, one at a time, rather than allowing the Acting County Manager to approve them, as they come across his desk. She questioned whether staff had looked into the matter any further.
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board stating that, in November of 2000, the County changed the process that is used to apply for waivers, noting that the requests are brought to the Board when the applicants enroll in the educational component of Affordable Housing by Lake. He stated that the waivers are accrued before the applicants actually complete the educational part and, as soon as they complete it, since the waivers are approved, they can have that portion of the impact fee that they are entitled to waived. He stated that, before the new process was enacted, the County was not approving the waivers until they actually completed the course, which created a rather lengthy delay. He stated that he was not aware of any problems, since the County has been handling the waivers in this way.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that staff would be glad to bring back to them a request to advertise an Ordinance authorizing the County Manager to sign said documents.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of waiver of impact fees for applicants for the County's Housing Assistance Program, funded by the State Housing Initiatives Partnership Program (SHIP); and approval to pay said fees from Impact Fee Trust Fund interest.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
OUTDOOR RECREATION
Commr. Hill informed the Board that she requested that this request be pulled from the County Manager's Consent Agenda and discussed separately, because several months ago she was approached by individuals from both the City of Groveland and the City of Clermont, who will be impacted by this request, stating that they were afraid the Board would approve it. She questioned why the reclamation process has not been started.
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board stating that he was on the property approximately three weeks ago and the reclamation process was near completion. He stated that the wetlands planning had been started and the perimeter of the lake had been smoothed out. He stated that it was anticipated at that time that within the next two to three weeks the majority of the reclamation would be completed. He noted that the County would not have to accrue that cost, unless it did some enhancements to the site.
Commr. Hill stated that she felt both the City of Groveland and the City of Clermont needed to know that fact, as well as the appraiser that will be looking at the site, so that there will be no hidden costs involved.
Commr. Cadwell questioned whether the site would fall under the County's new reclamation rules.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that she felt it did, however, noted that, if it did not, it would have a vested rights determination on the mining from 1990. She stated that her staff has been working very closely with the people from Jahna and they have been happy with the progress so far.
Commr. Hill questioned what the City of Groveland and the City of Clermont's contributions will be to the park.
Mr. Anderson stated that he did not have an itemized list of what they would be providing, however, noted that both the City of Groveland and the City of Clermont stated they would assist the County in the maintenance of the grounds and in the implementation of the program, if the County were to develop a recreational facility at the site, which he noted would be a big help to the County, since it is not into that phase yet. He stated that, of the 400 acres, almost 100 acres is high and dry, along Hwy. 50. He stated that, for the last three years, the County has been looking for a site of approximately 100 acres for a possible county annex, as well as park property, and the site in question is large enough to house both of those scenarios. He stated that both the City of Groveland and the City of Clermont have been very supportive of this venture and have encouraged the County to pursue it.
It was noted that the Board would only be approving, this date, for an appraisal to be done on the property.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval to seek two appraisals of the former Jahna Mine site, for potential park land acquisition, in the approximate amount of $10,000.00.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/ORDINANCES
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that his department received a request from the County's judges to create an ordinance establishing a $15.00 fine for all misdemeanor alcohol and/or drug abuse cases in the County. He stated that said money would be placed in a local trust fund that would be managed by the Clerk's Office and each year the Board of County Commissioners would approve the allocation of those dollars to programs that meet the criteria that is established by the Department of Children and Families for alcohol, drug, and mental health programs, to provide services for individuals who suffer from alcohol and/or drug abuse.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to advertise an ordinance establishing a County Alcohol and Other Drug Abuse Trust Fund.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request to proceed with the purchase of 9.87 acres of property, known as the Gateway Elementary School, which is located along Treadway Road in Leesburg and is zoned CFD (Community Facility District). He stated that it is the County's intent to convert the school into a library and the gymnasium and field into an active community recreation center. He stated that the County is looking at some private not-for-profit agencies, such as the Boy's Club, the YMCA, etc., to oversee the programming, scheduling, and use of the facility. He stated that two appraisals have been done on the property and, through negotiations, the County has agreed on a figure of $1,025,000.00 for the 10 acre parcel, including the enhancements that have been proposed for the property, which will amount to approximately $750,000.00.
Mr. Anderson discussed the issue of a well that is located on the property and particulars involving it, noting that the County has an addendum to the purchase of the property, which states that, should it be determined that the well does not belong to a local developer who is claiming that it does belong to him, the asking price will be reduced by $25,000.00.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, interjected that city water is available to the site and, regardless of what occurs, the County will hook the facility up to the city water and only use the well for irrigation, if it is used at all.
Commr. Hill questioned whether the County would be duplicating facilities, by putting a regional park at the site in question, noting that it is a short distance from Lake Sumter Community College, which already has a gymnasium, ball field, tennis courts, etc., and might possibly be putting a library at the site, as well.
Mr. Anderson stated that the County looked at a number of sites in the area in question, including Lake Sumter Community College; however, they were never able to locate a permanent site for the library and he was not aware of any agreement that the County has with Lake Sumter Community College to share public facilities.
Commr. Hill questioned whether the funding for said property was included in this year's budget.
Mr. Anderson stated that the funding is in place to take care of it this year.
Commr. Hill questioned whether the County had inventoried all of its existing parks and recreational facilities and how the park in question would fit into the County's Master Plan.
Mr. Bob Stevens, Parks and Recreation Director, Facilities and Capital Improvements, addressed the Board stating that the park has been identified as an area of need; however, it has not been addressed in the Master Plan, because it is so new.
It was noted that this project is being funded through the County's sales tax revenue.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried, by a 4-1 vote, the Board approved a request from Facilities and Capital Improvements for approval to purchase 9.87 acres of property formally known as the Gateway Elementary School and associated facilities and improvements located on the property, in the amount of $1,025,000.00; and approval to fund the purchase, with a budget transfer from the Capital Projects Fund, Special Reserve, in the same amount.
Commr. Hill voted "No".
RECESS AND REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess for 10 minutes.
CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)
Mr. Roy Hunter, President, Northeast Lake Chamber of Commerce, addressed the Board and thanked them for sending Resolution No. 2001-78 to the Governor requesting that he veto Senate Bill 854, authorizing the use of aquifer storage and recovery wells, as he had requested. He stated that he felt some repercussion of the Resolution made its way to Tallahassee, because he was informed that Lake County was probably the only county that was making any stand against contamination of the aquifer. He stated that the Governor announced said Bill may be pulled and he feels that said action is due to the Resolution that the Board sent to the Governor.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/CODE ENFORCEMENT/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request to purchase lands that are on the Code Enforcement Lands Available List, due to Code Enforcement liens. She stated that it is the Growth Management Department's goal to get the properties cleaned up and, in order to do so, the County needs to purchase them off the Lands Available List and clear the unsafe structures off the properties.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that staff has been looking at what Seminole and Orange counties are doing, in dealing with properties that the County has and is not using and they plan to bring back to the Board a plan to aggressively sell those properties. He stated that, with regard to the properties that can be used for single family housing, the County will try to get them to be used for low income housing, through SHIP (Sedowski Housing Initiative Program), or through Habitat for Humanity. He stated that it is staff's goal to sell any properties that are not being utilized by the County.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval and authorization for staff to purchase two pieces of property that are on the Code Enforcement Lands Available List for unpaid taxes, in lieu of foreclosure on Code Enforcement liens, in the amount of $4,700.35.
GROWTH MANAGEMENT/MISCELLANEOUS
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the Urban Land Institute (ULI) is a non-profit educational institute that a lot of planners, realtors, and development professionals belong to. She stated that, for some time, staff has been looking for a new way to approach the County's land use questions. She stated that she and Commr. Hanson traveled to Sarasota County and met with some individuals who recently finished an advisory service panel process with ULI and were very pleased with the results, noting that they felt it was a good process for working through some of the community's land use issues. She stated that she would like for Ms. Mary Beth Corrigan, the Managing Director, to address the Board and answer some specific questions - more than what is addressed in the Board's backup material. She stated that Ms. Corrigan indicated she would be available to address the Board sometime in June of this year, however, noted that there is an expense involved of $110,000.00. She noted that ULI has done work all over the country, including China, where they have addressed some specific problems, as well as some broad based problems.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that, should they choose to go forward with this request, he would recommend that it be implemented after October of this year and he will include it in next year's budget.
Commr. Stivender stated that the County is currently working on joint planning agreements with the cities and questioned whether this was something they should be included in and help fund.
Ms. Farrell stated that staff could make that request, however, noted that they would like to take the lead. She stated that she felt the cities would probably support the panel, as far as maps and utility information is involved.
Commr. Pool interjected that the small area study that was done in Montverde cost $100,000.00 just for that one area; therefore, he felt for the panel to take a look at the entire county for $110,000.00 was pretty cost effective, if it will help build a consensus on how the County goes forward from this point. He stated that he sees it as an investment, rather than an expense.
Commr. Hill stated that she felt it might be a little premature, considering the fact that the State is putting together a growth management package.
Commr. Cadwell stated that Commr. Hanson has been trying to bring this issue forward for approximately a year. He stated that he feels the Board should move forward with it and show the general public that they are trying to look at it in a different way than they have looked at it in the past.
A motion was made by Commr. Cadwell and seconded by Commr. Pool to approve a request from Growth Management for approval to make application for Urban Land Institute (ULI) advisory services and authorization to schedule Ms. Mary Beth Corrigan, Managing Director, Urban Land Institute, to make a presentation to the Board at the first available meeting in June, to explain the details of the ULI Advisory Panel process.
Under discussion, Commr. Hanson stated that, in the long run, she feels it will be a cost savings to the County and will help the County move forward, because the County already has its Growth Management Plan and Comprehensive Plan. She stated that she feels what will become of this process will be very similar to what the Governor is proposing.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PUBLIC WORKS/OUTDOOR RECREATION
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it involves one of the County's alternatives for the South Lake Trail. He stated that staff was requesting a partial final judgment on certain parcels of property, which he pointed out on an aerial. He noted that the CSX portion of the property is part of the agreement that the Board would be addressing this date.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that the CSX parcels of property are being acquired at no cost. He stated that staff is asking to delete the parcels that were pointed out by Mr. Stivender, because a property owner has filed a countersuit against the County, stating that he owns said property, rather than the railroad, and is trying to seek damages from the County. He stated that staff is trying to work around it. He stated that the money that is being requested is to buy parcels that are not CSX Railroad parcels. He noted that staff may come back in the future, if there are one or two other parcels that they can acquire, and ask for additional funding, rather than use the State's money to try to expedite the process.
Commr. Pool stated that it seems like a never ending battle, however, noted that it is a piece of the puzzle that the County has to get in place to make it work. He stated that he feels the County should move forward with it.
Commr. Hanson stated that she feels it is imperative that the County have a link of trails that is completed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to file a partial final judgment on all property involved in the initial CSX condemnation suit, except that portion located in Section 25, and to dismiss the balance of the lawsuit (railroad in Section 25) and discuss alternate funding sources for the South Lake Trail Project.
ORDINANCES/SOLID WASTE
Mr. Bill Gilley, Senior Director, Solid Waste, addressed the Board and explained this request, stating that it was a request for authorization to advertise an ordinance relating to proposed amendments to Chapter 21, Lake County Code, Water Supply and Waste Disposal, which stemmed from a series of worksessions and discussions the Board had on instituting universal collection, in trying to simplify and manage the County's wastestream, to be more effective and efficient, as well as controlling the County's cost to Ogden Martin.
Commr. Cadwell stated that he had some serious concerns about how the County was going to make it work, however, feels that the Board needs to go through the public hearing process, to give the general public the opportunity for input.
Commr. Pool stated that the phone calls, letters, and e-mail that he has been receiving are not supportive of this plan; however, he agrees that a public hearing should be held, to allow citizen input, as the County goes forward with it. He stated that he would like to see the Ordinance advertised and brought before the Board, however, was not sure that he would embrace or support it.
Commr. Stivender stated that she was concerned about what options the elderly residents of the County will have, who are on fixed incomes, because an increase is not something they can afford.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for approval to advertise an ordinance relating to proposed amendments to Chapter 21, Lake County Code, Water Supply and Waste Disposal, regarding the Solid Waste and Recycling Management System.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Ms. Robin Neeld to a vacant position on the Transportation Disadvantaged Coordinating Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Raymond Freisinger to a vacant position on the Board of Building Examiners, to complete an unexpired term ending January 14, 2005.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board reappointed the following individuals to vacant positions on the Parks and Recreation Advisory Board, as follows:
District 1
Mr. Hugh Davis
District 2
Ms. Basha Schlazer
District 3
Ms. Karen Ellis
District 4
Ms. Peggy O'Neil
District 5
Mr. Bobby Gibson
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board appointed/reappointed individuals to vacant positions on the
Citizens' Commission for Children, as follows:
District 1
Mr. Pernell Mitchell
District 2
Ms. Linda Lewis (reappointed)
District 3
Ms. Carol Lenahan (reappointed)
Ms. Joan McCall (reappointed)
District 4
Mr. Louis Gualda
District 5
Mr. Richard Jones
APPOINTMENTS-RESIGNATIONS/COMMITTEES
It was the consensus of the Board to postpone action regarding appointments of
individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee until a later date.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Appointments were made to the Elder Ready Study Committee, as follows:
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously,
by a 5-0 vote, the Board appointed the following individuals to represent District 1:
Mr. Robert Adams
Dr. Mary Anderson
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board appointed the following individuals to represent District 2:
Dr. Thomas Cook
Ms. Nancy Lamb
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board appointed the following individual to represent District 3:
Mr. Thomas Bloomer
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously,
by a 5-0 vote, the Board appointed the following individuals to represent District 4:
Mr. Roy Hunter
Ms. Evelyn Iliff
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board appointed the following individual to represent District 5:
Ms. Carol Clendinen
REPORTS
COUNTY ATTORNEY
MUNICIPALITIES/RIGHTS-OF-WAY, ROADS AND EASEMENTS
Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board and explained this request, stating that it was a request for approval to execute a Joinder and Consent of Mortgagee between Charles L. Wright, Eve Rene Wright, and the City of Leesburg.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to execute a Joinder and Consent of Mortgagee for the Woodland Boulevard Drainage Easement between Charles L. Wright, Eve Rene Wright, and the City of Leesburg.
REPORTS
COMMISSIONER HILL - DISTRICT 1
RESOLUTIONS
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2001-88, declaring the month of May, 2001 as Law Enforcement Month in Lake County.
REPORTS
COMMISSIONER POOL - DISTRICT 2
MUNICIPALITIES
Commr. Pool informed the Board that he attended the Business After Hours function that was held in Sorrento on Monday, April 30, 2001, and that he felt they had done a fine job. He stated that he heard nothing but positive remarks about the library and what an asset it was to the community.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
BUILDING DEPARTMENT/GROWTH MANAGEMENT
Commr. Hanson informed the Board that several weeks ago she attended a Green Building presentation, which was put on by Hellmuth, Obata and Kassabaum (HOK), in Tampa, where the issue of green building was discussed, noting that it is becoming more and more mainstream and is actually cost effective. She stated that the goal is to have as little impact as possible on the environment. She distributed a handout titled, the LEED Building Rating System, put together by the U.S. Green Building Council, for the Board's perusal. She stated that she thought it would be very helpful and would make a statement for the County to become a member of the Green Builders Council and that she felt the County could help that process become more and more mainstream, by giving more visibility to the concept. She stated that it pays for itself through reduced energy needs and using water wise principles. She stated that the cost to join the Green Builders Council is $500.00, which she did not feel was a very significant amount for what the County would gain from it, therefore, requested approval for the County to do so.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that she received the Green Building membership packet, which outlines their programs and activities. She stated that it is a very new organization that was just established in the year 2000, however, noted that they are moving very quickly. She stated that their plan starts with some very simple changes that builders can pick and choose from and noted that staff can go through the County's codes, as a second step, to see where the County can encourage more green building energy saving projects. She stated that there is currently a builder in Clermont who follows the green building concept and she feels the County could do a newsletter story on his houses, as well as encourage the County's other builders to take a look at what he is doing.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved for the County to join the Green Builders Council, as requested.
REPORTS
COMMISSIONER STIVENDER - DISTRICT 3
RESOLUTIONS
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2001-85, recognizing May 4, 2001 as National Day of Prayer in Lake County.
ADDENDUM NO. 1
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
EMERGENCY SERVICES
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2001-89, proclaiming the week of May 20-26, 2001 as EMS Week.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2001-90, proclaiming the month of May as Civility Month.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
ORDINANCES
Commr. Hanson informed the Board that she had received a fax from Mr. Rich Dunkel, with regard to the County's Billboard Ordinance, noting that there is now proposed legislation that would affect the Board's authority over the County's commercial billboards.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that the legislation that is proposed would eliminate billboard ordinances that exist in some counties and cities that state that a billboard can exist for 10 years, but must be taken down at the end of that 10 years. He stated that the legislation would not effect the Lake County Code, because Lake County does not have an ordinance like that, noting that this county allows all existing billboards to stay in place, as long as they are maintained and do not get blown over by a storm. He stated that the Florida Association of Counties is strongly opposed to this Bill, as well as the League of Cities, because they look at it as the Legislature taking away home rule powers of local government.
Commr. Cadwell stated that he recently faxed letters to the County's legislative delegation, as a member of the Board of Director's of the Florida Association of Counties, asking them not to support this Bill. He stated that he would like to see the Board do something this date as a Board and have the Chairman fax it to the County's legislative delegation, as well.
A motion was made by Commr. Cadwell and seconded by Commr. Stivender to have the Chairman fax a letter to the County's legislative delegation, in strong opposition to said Bill, urging them not to support it.
Under discussion, Commr. Hanson stated that, even if it does not affect Lake County but affects other counties within the State, she agrees that the Board should take some action. She called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
COUNTY ATTORNEY
The Board thanked Mr. Sandy Minkoff, County Attorney/Acting County Manager, for all his hard work during this interim period of locating and hiring a new County Manager, noting that he was doing a fine job.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.
________________________________ CATHERINE C. HANSON, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
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