The Lake County Board of County Commissioners met in regular session on Tuesday, July 10, 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: Sanford A. Minkoff, County Attorney/Acting County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that he has two items to include on the agenda. Mr. Minkoff stated that one will be a discussion item regarding the fire station and library in Astor. The second item is a request from the Lake County School Board to have a joint meeting with the Board, and it will need to be placed on the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place the request from the School Board on the agenda, as requested by Mr. Minkoff.
Commr. Hanson stated that the Board approved a Resolution at a previous meeting regarding the paving of roads, and she would like to put this item on the agenda under her business.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place the above noted Resolution (2001-119) on the agenda under Commr. Hanson's business.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 15, 2001, Regular Meeting, as presented.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 22, 2001, Regular Meeting, as presented.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 23, 2001, Special Meeting - Sorrento Townhall Meeting, as presented.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of June 5, 2001, as presented.
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 11, as follows:
Request to acknowledge receipt of the 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
Request to approve Contractor Bonds, as follows:
4552-02 Ralph Jeffrey Thompson, Owner, dba Ralph Thompson Roofing
5117-01 James C. Johnson (Electric)
5392-01 Quality Electric of Central Florida, Inc.
5519-01 James S. Janecka dba Janecka Electric Co.
5622-01 Dick Farrell dba Farrells Heating & Air Conditioning
5843-01 John A. Faust (Air Conditioning)
5844-01 Dai Tu Le (Air Conditioning "B")
5532-01 Michael W. Coury
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending May 31, 2001.
Disbursements due to Board: $554,796.75
Same period last year: $155,354.64
Accounts Allowed/County Property/Solid Waste
Request to approve the list of items to be deleted from Fixed Assets for the month of June, 2001, in the amount of $544,943.67. Attached list of items to be disposed of by Solid Waste's E-Waste Collection Program.
Accounts Allowed/County Property
Request to approve the list of items to be deleted from Fixed Assets for the month of June, 2001, in the amount of $434,110.11.
Request for approval and signature authorization on the following:
Release of Fines - releases and discharges Dorothy Culberson from the Order of Fine, in the amount of $10,080.00 dated December 4, 2000 and recorded in OR Book 1885 Pages 1291 and 1292 of the Public Records of the Clerk of the Court of Lake County, Florida, on the 4th day of December, 2000.
Release of Fine - releases and discharges Zebele Robinson, Gladys Harwood, and Charlie Robinson from the Reduction of Order of Fine, in the amount of zero dollars ($0.00), dated May 17, 2001, and recorded in OR Book 1951 Pages 827 through 828, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 23rd day of May, 2001.
Request to review and approve a revised investment policy, as discussed at the June 12, 2001 fiscal retreat.
Request to acknowledge receipt of Ordinance 2001-08, An Ordinance of the City of Minneola, Florida; for the rezoning of property previously annexed into The City of Minneola, as described, which was passed and ordained the 8th day of May, 2001, by the City Council of the City of Minneola, Florida.
Request to acknowledge receipt from the Florida Public Service Commission, the Commission Conference Agenda, Notice, Conference Date and Time: June 25, 2001, 9:30 a.m., Room 148, Betty Easley Conference Center. Docket No. 991666-WU - Application for amendment of Certificate No. 106-W to add territory in Lake County by Florida Water Services Corporation.
Request to acknowledge receipt from the Law Offices of Rose, Sundstrom & Bentley, LLP, a Notice of Application for an Initial Certificate of Authorization for Water and Wastewater Certificates dates June 18, 2001, as follows: North Sumter Utility Company, LLC, 1100 Main Street, The Villages, Florida 32159, pursuant to Sections 367.031 and 367.045, Florida Statutes, hereby notices its intent to apply to the Florida Public Service Commission for a certificate to provide water and wastewater service to the following described property in Sumter County, Florida, as described. Any objections to the Application must be filed no later than 30 days after the last date that the Notice was mailed or published, whichever is later.
Request to acknowledge receipt from the Florida Public Service Commission, In re: Application for staff-assisted rate case in Lake County by Pennbrooke Utilities, Inc., Order Granting Temporary Rates in the Event of a Protest and Notice of Proposed Agency Action Order Approving Increase in Wastewater Rates, Denying Increase in Water Rates, Requiring the Implementation of a Water Conservation Program, and Requiring Reports, Docket No. 001382-WS, Order No. PSC-01-1246-PAA-WS, Issued: June 4, 2001.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that he would like to pull Tab 19 regarding the final plat for Citrus Highlands, Phase I subdivision, because construction has not been completed, and staff will reschedule this item for a subsequent meeting. He also noted that there is an addendum to the agenda today.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 26 and pulling Tab 19, and Addendum No. 1, Item 1. A. 1., for the following requests:
Accounts Allowed/Community Services/Grants/Municipalities/Studies
Request for approval of a substantial amendment to the FY 2000-05 Consolidated Plan to increase the funding for the Montverde Community Building restrooms and to add a feasibility study for reconstruction of restrooms in the Town Hall to the list of projects to be funded from FY 2000-01 Community Development Block Grant (CDBG) funds and subject to approval of the budget transfer in the amount of $50,000.00 from Contingency - Community Development Fund to Community Services, Aid to Government Agencies.
Community Services/Impact Fees
Request 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 of the payment of these fees from the Impact Fee Trust Fund interest.
Accounts Allowed/Community Services/Grants
Request for approval to submit an electronic application for the Local Law Enforcement Block Grant Program for Federal FY 2001-2003, in the amount of $161,089.00; designate Robbie Hollenbeck as the Program Contact person designated by the Board to serve as day-to-day contact on program related matters, including completing this application, accepting the grant award, reporting and other activities related to this grant. (This Program Contact person has the ability to bind the jurisdiction to all terms and conditions related to this grant.) Approval to authorize the Chairman to sign related documents as may be required. The cash match of $17,899.00 shall be provided by the local recipient(s) of the grant funds.
Accounts Allowed/Community Services/Contracts, Leases & Agreements
Request for approval and execution of an Amendment to the Agreement between Lake County and the Lake County School Readiness Coalition (SRC) increasing the amount from $50,000.00 to $78,019.00 and extending the termination date until September 30, 2001.
Request for approval of Resolution 2001-121 approving issuance of Lake County Industrial Development Authority Adjustable Rate Demand Revenue Bonds for U.S. Nutraceuticals.
Accounts Allowed/Budget Transfers/Sheriff's Office/Taxes
Request for approval to spend additional infrastructure Sales Tax Revenue for renovating the Groveland Storage Facility for the Sheriff's Office, a FY 2001 project, in the amount of $53,130.00 and approval of budget transfer from Buildings to Facilities and Capital Improvements, Buildings.
Parks and Recreation/Resolutions
Request for Chairman and Commissioners to declare and sign Proclamation 2001-122 designating July as Parks and Recreation Month.
Contracts, Leases & Agreements/Grants/State Agencies
Request for approval for the Chairman to sign Amendment 3 to Agreement with State of Florida, Department of Environmental Protection for extension of Florida Recreation Development Assistance Program Grant for Lake Idamere Park.
Request for approval to apply for Florida Communities Trust Grant to repay purchase of Adkins property in Astor in the amount of $326,520.00.
Accounts Allowed/Budget Transfers/Emergency Services
Request for approval of a budget transfer in the amount of $30,000.00 from Special Reserve to Emergency Services, Land. Funds are needed to purchase land in front of Station 31 on the southwest corner of SR 46 and Walton Heath Avenue and for any associated costs such as survey, permits, etc.
Accounts Allowed/Sheriff's Department
Request for approval of budget transfer in the amount of $20,000.00 from Contingency - Sheriff to Constitutional Offices/Sheriff, Law Enforcement Operating. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer in the amount of $20,000.00 from Contingency - Sheriff to the Law Enforcement Operating account.
Accounts Allowed/Budget Transfers/Solid Waste
Request for approval of budget transfer in the amount of $300,000.00 from Contractual Services to Solid Waste Management, Professional Services. Additional funds are needed for Covanta (Ogden Martin) attorney fees.
Accounts Allowed/Budget Transfers/Solid Waste
Request for approval of budget transfer in the amount of $73,450.00 from Contingency - Landfill Enterprise to Solid Waste Management, Overtime - Landfill/Leachate in the amount of $21,400.00; Overtime - Impact Center in the amount of $6,700.00; Overtime - Transportation/Hauling in the amount of $19,400.00; Overtime - Repair & Maintenance in the amount of $5,150.00; Overtime - MIS/Scales in the amount of $6,500.00; Overtime - Residential Drop-offs in the amount of $7,400.00; and Overtime - Hazardous Waste in the amount of $6,900.00 (for a total amount of $73,450.00). Additional funds are needed for unexpected overtime.
Accounts Allowed/Budget Transfers/Solid Waste
Request for approval of budget transfer in the amount of $130,750.00 from Contingency - Landfill Enterprise to Solid Waste Management, Operating Supplies in the amount of $105,750.00 and Printing & Binding in the amount of $25,000.00 (for a total amount of $130,750.00). Funds are needed to implement Universal Collection effective October 1, 2001.
Accounts Allowed/Budget Transfers/County Buildings/Utilities
Facilities and Capital Improvements
Request for approval of budget transfer in the amount of $94,500.00 from Special Reserve to Facilities and Capital Improvements, Utility Services. Funds needed to increase Utility account to accommodate the fuel surcharge being passed through by the utility companies servicing County buildings.
Request for approval of Resolution 2001-123 to amend the County Library System Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $1,000.00 from Region III Technology Incentive Award for the Adult Literacy Project and to provide appropriations for the disbursement of these funds to Office Supplies.
Accounts Allowed/Clerk's Office/Courts-Judges
Request for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for May 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $31,548.00.
Accounts Allowed/Impact Fees
Request for approval of Impact Fee Refund request to Florida Hospital Waterman in the amount of $322,544.40 due to Impact Fee deferral requested and approved by the Board of County Commissioners on April 3, 2001 after fees were paid. Fees will be repaid before Certificate of Occupancy is issued.
Accounts Allowed/Impact Fees
Request for approval of Impact Fee Refund request to Greater Construction Corporation in the amount of $1,271.23 due to construction plans were changed twice and confusion resulted in overcharge of impact fees.
Accounts Allowed/Impact Fees
Request for approval of Impact Fee Refund request to Roy Carpenter in the amount of $207.00 due to audit of fees collected indicates overcharge. Permit is for upgrade from one bedroom mobile home to three-bedroom mobile home. Correct fee is $467.00 and $674.00 was charged.
Bonds - Mobile Home
Request for approval of Mobile Home Bond for David Martin to place a mobile home on the property located at 41725 Poinciana Street, Eustis, Florida for security reasons during the construction of their home.
Contracts, Leases & Agreements/Growth Management
Request for approval of a Special Master's Settlement Agreement for Wanell & Natasha NeeSmith (SM-8-01).
Contracts, Leases & Agreements/Growth Management
Request for approval and acceptance of the Developer's Agreement with Marsh Hammock, Inc. to pull six building permits prior to the acceptance of final plat - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Human Resources
Request for approval and authorization for the Chairman to sign a contract with Careerbuilder for a year contract (July 31, 2001 through September 1, 2002 - 12 month membership with the 13th month free) in the amount of $29,280.00.
Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for seven road assessments, for the following:
677025 Paul & Barbara Libich 05/15/01
685004 Kelly & Kathryn Richardson 04/23/01
685040 James & Helen Patti 05/07/01
685065 Chaddi Baker 04/30/01
685096 James & Kimberly Shaffer 05/21/01
690022 Mark Crowley 05/10/01
691010 Robert & Rose Frick 05/21/01
Accounts Allowed/Bids/Public Works
Request for approval and authorization to advertise for bids for Guardrail Installation on CR-448, #2-0835 Log House Road and #2-2439 South Buckhill Road Project Number 2001-15 at an estimated cost of $40,000.00 from the Transportation Trust Fund - Commission Districts 2/3.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Resolutions
Roads-County & State
Request for approval and authorization to accept the final plat for Johns Lake Estates Phase Two Subdivision; accept a maintenance bond in the amount of $24,014.20; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Maronda Homes, Inc. of Florida; and execute Resolution 2001-124 accepting the following roads into the County Road Maintenance System: Spring Run "Part" (County Road Number 2-1160B), Lagoon Court (County Road Number 2-1260A) and Horizon Court (County road Number 2-1260B). Subdivision consists of 55 lots - Commission District 2.
Request for approval and authorization to accept the final plat for Pennbrooke Phase 2R Subdivision. Subdivision consists of 68 lots - Commission District 1.
Municipalities/Resolutions/Roads-County & State/Signs
Request for approval and signature on Resolution 2001-125 authorizing the posting of "No Trucks" (symbol) and "Local Delivery Only" signs on Bay Road (3-4260) and Dodson Cutoff (3-4460) in the Mount Dora area at the following locations:
On Bay Road (3-4260), north of CR Old 441
On Bay Road (3-4360, south of CR Old 441
On Bay Road (3-4260), south of CR 19A (3-4554)
On Bay Road (3-4260), north of CR 452/Lakeshore Drive (3-3960)
On Dodson Cutoff, south of CR 19A (3-4554)
Resolutions/Roads-County & State
Request for approval and signature on Resolution 2001-126 authorizing the posting of 25 mph speed limit signs on the following roads in south Lake County:
Fish Eagle Street (2-0160B)
Majestic Eagle Circle (2-0160E)
Louisa Point Boulevard (2-0651)
Crenshaw Circle (2-0651A)
Saragossa Street (2-0651B)
Chikasaw Court (2-0652)k
Lake Valley Drive (2-1044D)
Valley Ridge Road (2-1044E)
Accounts Allowed/Bids/Road Projects
Request for approval to award CR-44 "Part" Widening & Resurfacing Project No. 2001-13, Bid No. 01-090, to DAB Constructors, Inc., and to encumber and expend funds in the amount of $198,858.08 from the Impact Fee Fund. Commissioner District 4, Benefit District 2.
Accounts Allowed/Bids/Road Projects
Request for approval to award CR-33 "Part" Widening & Resurfacing Project No. 2001-14, Bid No. 01-089, to DAB Constructors, Inc., and to encumber and expend funds in the amount of $1,077,047.59 from the Impact Fee Fund. Commissioner District 2, Benefit District 6.
Request for approval and authorization of the Initial Assessment Resolution 2001-127 for Collection, Management and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2001-2002 and each fiscal year thereafter until discontinued.
Growth Management/Planning and Zoning
Request for approval of issuance of a building permit to allow Jerry and Nancy Newton (property owners) and Direct Mobile Connections for the placement of a mobile home on listed property prior to rezoning to "Agriculture" being granted by the Lake County Planning and Zoning Commission and the Lake County Board of County Commissioners subject to certain conditions.
EMPLOYEE AWARDS/SPECIAL RECOGNITION
Commr. Hanson presented awards to the following individuals as Ms. Lourdes
Ramos, Director of Human Resources, presented information about each employee:
Presentation of Awards to Employees with Five Years of Service
L. Bruce Conway, Procurement Services Director, Fiscal and Administrative Services/Procurement Services
Valerie Fuchs, Assistant County Attorney III, County Attorney
(Ms. Ramos noted that Ms. Fuchs has just received certification as an expert in city, county and local government law.)
Marjorie Boyd, Animal Shelter Manager, Emergency Services/Animal Control
Presentation of Award to Employee with Fifteen Years of Service
Linda R. Green, Executive Associate, BCC Administrative Support
Presentation of Award to Employee with Twenty Years of Service
Jim Stivender, Sr., Public Works Director, Public Works
(Commr. Hanson recognized Mr. Stivender's recent election to the Florida Association of County Engineers and Road Superintendents.)
Presentation of "Employee of the Quarter"
Kelly LaFollette, Webmaster/Help Desk, Fiscal and Administrative Services/Information Technology
Presentation of "Supervisor of the Quarter"
April Perrigo Hoover, District Fire Chief, Emergency Services/Fire-Rescue
PUBLIC HEARING -
Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-99, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 2, DIVISION 6 OF THE LAKE COUNTY CODE REGARDING THE AGRICULTURAL ADVISORY COMMITTEE; AMENDING MEMBERSHIP REQUIREMENTS; AMENDING REPORTING REQUIREMENTS PROVIDING FOR SEVERABILITY; DELETING SUNSET PROVISIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Fuchs directed the Board's attention to Page 3, Sec. 2-90.15. Membership, and stated that, at the last Board meeting on June 5, 2001, the strike through sub-paragraph (6) should be lifted and the language should remain in the Ordinance.
The Chairman 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 extended her thanks to Commr. Hill for her efforts in helping with the establishment of the Ordinance, and Commr. Cadwell extended his appreciation to Commr. Hanson for fostering this committee for years.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance 2001-99, as read by title only.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments, or concerns.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board to discuss the request for approval and adoption of the Federal Fiscal Year (FFY) 2001 One Year Community Development Block Grant (CDBG) Action Plan. Mr. Smith stated that staff has conducted the necessary public hearings on the Action Plan and is recommending how those dollars should be allocated this year. He stated that they were expecting to receive $969,000 this year that would be shared, not only with the County projects, but also with the activities developed by the City of Tavares and the Town of Montverde. In terms of changes in the Action Plan, Mr. Smith explained that staff is looking at the restrooms in the Town Hall in Montverde, which is a historically designated building, and over the course of the coming year and the following year, they are going to have the restrooms developed to ADA compliance. Mr. Smith noted that Mayor Helen Pearce was present from the Town of Montverde, and she indicated that the Town of Montverde was in favor of the change.
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 adoption of the Federal Fiscal Year (FFY) 2001 One-Year Community Development Block Grant (CDBG) Action Plan by Resolution and authorized the Chairman to sign the Application for Federal Assistance (Form SF 424), the Adoption Resolution 2001-128, and the required certifications.
Commr. Cadwell extended his appreciation to Mr. Smith, Ms. Liz Eginton, Community Development Grant Director, and Mr. Strait Hollis, Jr., Community Development Specialist, for their efforts in developing the Action Plan.
ACCOUNTS ALLOWED/COMMITTEES/COMMUNITY SERVICES/GRANTS
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board to explain the request to seek services of a professional grant writer, to obtain a Grant for the Prescription Medication Program. Mr. Smith stated that this issue has been discussed a number of times with the Comprehensive Health Care Committee. He stated that, at the last meeting of the Health Care Committee, there were representatives from Johnson & Johnson Pharmaceutical Company, and there is a possibility that there are some grants available to address some of the medication needs. Staff will go through the normal procurement process of identifying the scope of services and work with the Health Care Committee to identify those needs
Commr. Hanson stated that there were some dollars left over from the $87,000 that was used for the development of the Health Links.
Mr. Smith stated that there are some dollars left over from the Health Links, and there are also some dollars in the money that was allocated for the Health Department lease this year. Staff had anticipated that the cost of the lease would be around $74,000 to $75,000 and the lease was much lower, about $45,000. He stated that staff can look at drawing from either of those cost centers.
Commr. Stivender questioned whether the hospitals and Health Department could assist the County in setting up this type of program without the expense.
Mr. Smith stated that he has discussed the pharmaceutical program with J. Rodger Amon, MPA, Administrator of the Lake County Health Department, and he has expressed some ideas that can be done through the Health Department, but there are still some questions to be answered in regards to the management of the grant monies, and the party responsible for processing the prescription requests.
It was noted that Commr. Hanson is the liaison to the Comprehensive Health Care Committee, and she supports the request.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to allocate up to $5,000.00 to seek the services of a professional grant writer to obtain a Grant for the Prescription Medication Program, as requested by the Lake County Comprehensive Health Care Committee.
ACCOUNTS ALLOWED/EMERGENCY SERVICES
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that the Board had discussed, at the Fiscal Retreat, the opening of Fire Station 62 between Fruitland Park and Lady Lake. Mr. Minkoff noted that Mr. Terry Seawell, Fire Chief, is present to answer any questions that the Board may have regarding this issue. He stated that the request includes hiring the employees that are necessary and reopening the station, which have been budgeted for next year.
Mr. Terry Seawell, Fire Chief, explained that Fire Station 62 is approximately five miles from Station 61, and Station 61 is about three and a half miles from the Villages.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request to open and staff Fire Station 62 located between Fruitland Park and Lady Lake, in the amount of $60,000.00 for FY 2001 and $230,000.00 for FY 2002.
Commr. Stivender informed the Board that she and Commr. Hanson attended the opening of the first Advanced Life Support (ALS) in Lady Lake, and they were very impressed. She stated that everyone should be pleased to have ALS in that area, and the County is working on making this available in other areas.
ORDINANCE - PERMISSION TO ADVERTISE
Mr. Bill Gilley, Senior Director of Solid Waste Management, addressed the Board to discuss the request to advertise an Ordinance relating to proposed amendments to clarify Chapter 21, Lake County Code, Water Supply and Waste Disposal. Mr. Gilley stated that staff is requesting permission to advertise an Ordinance that will address the following: if all of the lots within a mobile home park or RV park are owned by one entity, or one person, they will be treated as commercial property, however, if any of the lots within the RV park or mobile home park are owned by individuals other than the single entity, then they will be treated as a residential unit and be assessed on the tax bill.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that, under the definition being used by staff, a coop would be individual ownership, because the Property Appraiser shows those individuals as actually owning those lots, so the only ones that would treated this way would be true rental mobile home parks and campgrounds.
Mr. Gilley explained that Hawthorne would be individual lots, so it would be assessed on the tax roll. He noted that they are currently paying for disposal only on the tax bill, and they do provide commercial service within the community itself, in addition to the individual pickups. They have dumpsters for some of their facilities, so they are going to work with them on the commercial service, so there is not a big increase in the amount that the residents are paying.
Commr. Cadwell made a motion to approve the request to advertise an Ordinance relating to proposed amendments to clarify Chapter 21, Lake County Code, Water Supply and Waste Disposal, regarding solid waste and recycling management system.
Mr. Gilley stated that the proposed Ordinance also has language that says, instead of collecting prior to the Certificate of Occupancies (COs) for interim fees, they are going to bill the people as they are currently doing.
Commr. Pool seconded the motion and requested clarification of the last comment made by Mr. Gilley.
Mr. Gilley stated that, as part of the changes that staff has proposed to Chapter 21 (Page 2,Sec. 21-148.1), they have said that, prior to the issuance of a CO, the interim fees had to be paid by whoever owned the house, but they met with the Homebuilders' Association, and they are going to basically say that, once a CO is issued, then staff will issue a bill for the amount of what it is going to cost to service that facility, until the Property Appraiser recognizes it as improved property, which they are currently doing.
Mr. Minkoff stated that it was Hawthorne and one or two other mobile home parks that had unusual billing arrangements and may be impacted by the changes, but it will work to the advantage of the majority of folks that are true rentals.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Dr. Kenneth Cohrn to represent the elderly consumer on the Comprehensive Health Care Committee.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Michael Perry as the Water Authority's representative on the Parks and Recreation Advisory Board.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Virginia M. (Gini) Fisher to fill one vacancy on the Cultural Affairs Council for an unexpired term of office through 9/30/2003, as a result of the resignation of Ms. Terry Bitting.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Frank Gammon to the vacant position on the Industrial Development Authority.
Commr. Hill recommended that Ms. Vera Martin be appointed to serve on the Women's Hall of Fame Selection Committee for District 1.
Commr. Pool recommended that Ms. Bonnie Ray be appointed to serve on the Women's Hall of Fame Selection Committee for District 2.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the following appointments/reappointments to the Women's Hall of Fame Selection Committee:
District 1 - Vera Martin
District 2 - Bonnie Ray
District 3 - Gwen Manning (reappointment)
District 4 - Shirley Grantham (reappointment)
District 5 - Bob McKee (reappointment)
REPORTS - COUNTY MANAGER
Mr. Sandy Minkoff, County Attorney/Acting County Manager, addressed the Board to discuss the request for a Resolution electing the increase in the Communication Services Tax rather than charging right-of-way permit fees. Mr. Minkoff explained that, under the new Communications Services tax structure, local governments are given the option to either have local permitting fees, or to accept an amount set forth by the State, and financially it is to the County's benefit not to collect the fees, and then the County can avoid setting up a fee system for use of their right-of-ways. Staff is recommending approval of the Resolution.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Resolution 2001-129 electing the increase in the Communication Services Tax rather than charging right-of-way permit fees.
Mr. Sandy Minkoff, County Attorney, informed the Board that he and Commr. Hanson met with Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, and some folks in Astor, and during their discussion about the location of the library, they made a suggestion of another site. Mr. Minkoff stated that, after looking at it, it looks like it would be very feasible to locate the library at that site. They are scheduling a meeting in Astor, in the next couple of weeks, to get community input about the library location, the fire station, and the proposed purchases of property the County is looking at making around the boat ramp. He noted that the new location is at the ballfield site, and Ms. Wendy Breeden, Library Services Director, felt it would be a good location for the library, so they are seriously considering it. There will be no additional costs, since this is a modular building, and the site is already prepared for it. He noted that it will only be the library at the ballfield site, and the site work is out for bid on the fire station. He further noted that there is an issue with the old fire station. They are trying to keep it open as an adjoin fire station for storing equipment, so they can keep the building and public use.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that he had received a call from the Superintendent of Schools, Ms. Pam Saylor, and the School Board has requested that the Board of County Commissioners meet with them in a joint session, and they also would like to invite municipal representatives, to discuss sales tax issues. He stated that they had suggested July 23, 2001 in the afternoon and that day has already been set aside as a budget meeting day. Mr. Minkoff suggested a time of 1:30 p.m., if the Board is interested in having the meeting, and if so, the Board Office can let the League of Cities' representatives know of this date and time.
Commr. Stivender made a motion, which was seconded by Commr. Pool, to approve a joint meeting on July 23, 2001 at 1:30 p.m., with the School Board, the municipalities, and the Board of County Commissioners, to discuss the one cent sales tax.
Under discussion, Mr. Minkoff clarified that staff will invite the League of Cities to attend the meeting, and any other city representative who is interested may attend.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Mr. Minkoff noted that Ms. Valerie Fuchs, Assistant County Attorney, has prepared a timetable for what would have to occur should the Board elect to go forward with the tax issue, and this will be distributed to the Board in the next few days.
Commr. Hanson questioned when the golf course ordinance will be coming forward to the Board.
Mr. Allan Hewitt, Water Resource Director, informed the Board that he will be having a meeting with the Florida Association of Golf Course Superintendents for their input. Mr. Hewitt stated that he has had meetings with the Department of Community Affairs (DCA), the Audubon Certification Program for Golf Courses, and three golf course consultants, and everybody seems to be in agreement right now. He stated that the proposed Ordinance will be coming to the Board in August, after he meets with the Florida Association of Golf Course Superintendents, because he would like to have their input and their agreement on it.
Commr. Stivender stated that, in regards to the information provided by Mr. Minkoff about the proposed purchase sites in Astor, the Board had approved for appraisals, or contracts on those sites, for parking across from the boat ramp, and she questioned whether those were on hold.
Mr. Minkoff stated that staff is reviewing the appraisals and will be bringing back a recommendation to the Board. He stated that staff would like to discuss their plans with the community and make sure that they get their input before bringing a recommendation to the Board.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, noted that the Board has received the proposed 2002/2003 Biennial Budget. Mr. Minkoff reiterated that Lake County's financial position is probably one of the soundest in the State. As shown in the book, Lake County has the 10th or 11th lowest millage rate in the State, and it essentially has no debt, and its position is good. He stated that staff has given the Board a very conservative budget that would preserve this status. He noted that the budget is subject to change, as they sum up revenue sources and information they get from the State and others. Mr. Minkoff stated that they have scheduled three days later this month to discuss the budget. He did not know if they will be necessary, because staff will be meeting individually with the Commissioners to go through the budget. He noted that staff will keep those days in abeyance and see if they need to have them, or if the Board can set the millage at the regular meeting at the end of July.
Commr. Hanson stated that, at some point in the process, it is always good, because of the technology they now have available to them, to go through at least the graphs and some of the issues that would be of interest to the citizens of the County through the TV program, in order to present a better understanding of the process.
Mr. Minkoff explained that staff always does this at the budget hearings themselves, and in the past, the budget hearings have not been televised, because they were set up as workshops, but staff could certainly do that at the July meeting, or make sure that staff televises one of those budget meetings.
Mr. Minkoff extended his thanks to the Constitutional Officers, as well as all of the County employees, particularly the budget staff, for their hard work on the budget that has been presented to the Board.
REPORTS - COMMISSIONER POOL - DISTRICT #2
Commr. Pool informed the Board that there will be a District Meeting at Lake Sumter Community College, in South Lake County, on July 23, 2001 at 6:30 p.m., with updates being given from the West Orange/South Lake Transportation Task Force, along with the general Aviation Airport opportunities.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the execution of Proclamation 2001-130 declaring the week of September 17 through 23, 2001 as Constitution Week.
REPORTS - COMMISSIONERS STIVENDER - DISTRICT #3
Commr. Stivender addressed the sales tax update given by Mr. Sandy Minkoff, County Attorney/Acting County Manager, and stated that the people who live in the City of Tavares may have gotten a very good brochure in a newsletter with colored pictures of where their money has gone within the community, and she will bring and share this information with the Board.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/MEETINGS
Commr. Cadwell informed the Board that there was a meeting yesterday of the Joint Planning Area subcommittee, and they should have the framework ready within two weeks to bring to the cities and to the Board. He noted that it is similar to what the cities had brought forward, but he feels it is a smaller template that can be used to negotiate each individual Joint Planning Agreement with the cities. It was noted that Mount Dora and Clermont are ready to go with their agreement. Commr. Cadwell stated that the attorney for Mount Dora and Ms. Valerie Fuchs, Assistant County Attorney, will be drawing up the template. He noted that they may have the template simplified enough that they will not have to meet again with Mr. Lance DeHaven-Smith.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that yesterday the small group indicated that they would prefer to have at least one more meeting of the small group, which is tentatively scheduled for the first week in August, before bringing the large group back together again.
REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
LAKE COUNTY LEGISLATIVE DELEGATION
Commr. Hanson stated that she and Ms. Ava Kronz, Director of Continuous Quality Improvement, and Mr. Sandy Minkoff, County Attorney/Acting County Manager, met about a week ago and talked about the possibility of having a Lake County Legislative Appreciation Luncheon followed by a golf tournament in lieu of Lake County Day, and she asked the Board members if they were interested in this possibility. They had considered having the event somewhere in South Lake County around the Community College.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that it would not necessarily be in lieu of Lake County Day, but it would be an opportunity to bring the legislators here for the day. They thought that they may invite participation by the Constitutional Officers and cities and School Board and have displays set up but make it a real informal event to give everyone the opportunity to talk to their legislators. He noted that they would only be paying for lunch, to be held at a public facility, and it will be relatively inexpensive.
Commr. Hanson stated that the legislators have done an outstanding job this year, and it is important to set aside some time to say thank you and perhaps start lobbying for next year. She stated that, if there are no problems, they will move forward in this direction.
ROADS-COUNTY & STATE/RESOLUTIONS
Commr. Hanson stated that Mr. Roy Hunter had brought forth a Resolution (No. 2001-119), which was approved by the Board on June 26, 2001, to the President regarding the emergency situation of the roads in Lake County. She stated that, since then, it has been determined that the local FEMA is not considering north Lake County roads a disaster at this time, and there would not be funds available through FEMA. She further stated that, because of this determination, it has caused a couple of the Commissioners to be hesitant about signing the Resolution, so she would like to give those Commissioners an opportunity to speak today. Commr. Hanson stated that her suggestion would be for the Board to perhaps look at repealing the Resolution, because she felt that it should go forward with all signatures. At this time, she asked for discussion from the Board.
Commr. Cadwell stated that, since FEMA has not established that area as a disaster area, or part of the relief area, the Board can send all of the Resolutions that it wants to but it will not matter at all, and in doing that, the Board may dilute its ability later, when it is classified as a relief area, to be creditable in asking.
Commr. Hill stated that she did not feel that the County met the criteria that was set out by FEMA, and they looked at several other different avenues of monies, and since it did not meet any of the criteria that they had set forth, she hesitated signing the Resolution.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to rescind Resolution 2001-119.
Commr. Hanson noted that this Resolution could always be brought forward at another time, if the criteria changes, or the situation changes.
Commr. Pool felt that Mr. Roy Hunter should be notified of the action taken by the Board today, and they should thank him for his efforts, because he thought there might be money available.
Mr. Jim Stivender, Senior Director of Public Works, stated that the County has qualified for other projects in South Lake County that are in design right now, so FEMA has allocated money for them in the past in declared emergencies where they met the criteria.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Hanson stated that she had called for public comment earlier, but she would once again ask if there was anyone present who wished to address the Board with questions, comments, or concerns.
Mr. Jim Scarmardo addressed the Board and stated that he has brought forward a petition that will go to each County, and his plan is to address it with each County and every possible elected official beginning with Lake County. Mr. Scarmardo stated that his petition is called "What is New World Order??", and he is asking the Board to help him find out what it is. At this time, he read his petition into the record, which noted that it is time for answers and time our politicians and elite are held accountable. His information included a letter from Representative Cliff Stearns extending his appreciation to Mr. Scarmardo for expressing his opposition to the New World Order. Mr. Scarmardo presented each of the Commissioners with a copy of the petition and requested that each Commissioner sign it and return it to him. He hoped to have the petitions signed in each County by the Commissioners, so that he can have them placed in each of the County museums. He also asked the Board to set forth an ordinance that would prohibit corporations from building towns and owning towns, and for the County to rebuke all revenue bonds and not issue anymore revenue bonds, because it is the taxpayers property that they are putting up for collateral.
Commr. Hanson explained to Mr. Scarmardo that it will be up to each Commissioner to get the petition back to him.
MONTVERDE SCENIC HIGHWAY UPDATE BY THE MONTVERDE SCENIC HIGHWAY COMMITTEE
Ms. Kathleen Patterson, Chairperson for the Montverde Scenic Highway Committee, addressed the Board and stated that the Commissioners have been presented with folders of information, which contain maps that have been put together by Mr. Glenn Burns.
Mr. Burns stated that the proposed scenic highway begins at the intersection of CR 455 and CR 561 south of Astatula, and he noted that this intersection has always been called Howey Crossroads. It will proceed south down CR 455 along side Sugarloaf Mountain and further south through the unincorporated community of Ferndale through the Town of Montverde to the intersection of CR 455 and CR Old 50, and for about two and half miles to the southwest along CR Old 50 to the Lake County/Orange County line. Mr. Burns stated that they were originally going to propose the scenic highway from the Howey Crossroads to the intersection of CR Old 50 and CR 455 at the turnpike, but they received information from the State that the people in Oakland were interested in forming their own group and getting Old 50 through Oakland designated a scenic highway. He stated that the State and the East Central Florida Regional Planning Council (ECFRPC) feel that it would be a good idea to pursue a scenic highway all the way around Lake Apopka, but a group of individuals in the Town of Montverde feel that this is beyond their capabilities. He stated that the Scenic Highway Committee decided to extend its portion of the route the extra two and half miles to the County line, which is also the city limits of Oakland and then they can proceed from there. Mr. Burns noted that the package of information presented to the Board contains all correspondence and status of their work on this project, along with their Letter of Intent. He read the following from the letter dated April 13, 2001 that they received from the Florida Department of Transportation (FDOT):
"It was mentioned that there is an overwhelming desire from the community to restrict development and place a large emphasis on preservation. The SHAC (Scenic Highway Advisory Committee) reiterated that the purpose of the Florida Scenic Highways Program (FSHP) is not to restrict development, but to promote harmonious cooperation between conservation and development for the protection of resources."
Mr. Burns explained that there has been some concern that the Scenic Highway Committee is trying to restrict development, but that is not the purpose of the program, and they do not expect that they will stop any development, if they are ever designated a scenic highway. He stated that the purpose of the Scenic Highway Program is to preserve, maintain, protect and enhance the intrinsic resources of the scenic highway corridor. He stated that they would like to promote harmonious development along the corridor, and their main working goal is to try and come to an accommodation with the bicyclists that use CR 455 and CR Old 50. Mr. Burns referred to the document reflecting the designated corridors in the State and the amounts of grant monies they have received and noted that there are about eight groups in the State that are trying to achieve scenic highway status, and as noted, Montverde CR 455 is on the list. Mr. Burns stated that the Committee, if it achieves the scenic highway status, is thinking along the line of a large bicycle lane that can accommodate the competitive cyclists. They are also thinking of other possibilities as goals such as trying to buy property to access Lake Apopka. Mr. Burns noted that their goals could change as time goes on. He showed the Board a flow chart of the Florida Scenic Highways Program Process and noted that they are preparing the eligibility document to send to the State. He further noted that there is the eligibility phase, the designation phase, and the implementation phase. Mr. Burns explained that their documentation will be about the same size as the document put together by Flagler County, which cost them about $7,000. Mr. Burns explained that the Montverde Scenic Highway Committee is operating entirely on donations and everything is being put together by volunteer effort. He referred to the designation phase, as noted on the flow chart, and stated that they have to develop a Corridor Management Plan, which is going to require the County and the people of the area to get together and decide on a plan for the highway. Once they develop a Corridor Management Plan and the designation documentation, they will need to form a group to implement the Plan
Mr. Burns informed the Board that there was a flyer in the packet provided to the Board that addresses their fund raising program called "Seed Money". He stated that they are also selling logos, as noted on their map.
Commr. Pool stated that this was a very professional presentation, and they presented a great package of information. He stated that there are certainly many people behind the group, and he applauds all of them and their efforts. He stated that it is a scenic area, it is very unique in Lake County, and cyclists have found their way to it. He stated that it fits into the eco-tourism throughout Lake County, it is a win-win situation, and the proposed scenic highway will only benefit and enhance the quality of life that they now enjoy in South Lake County.
Commr. Stivender noted that the group is working in the eligibility stage right now and questioned whether County staff has been involved with the process up to this point, since it is a County road.
Mr. Burns indicated that County staff has not been involved, but they can be and that is the big reason why they are here today. He stated that they would really like to have someone from staff attend their next meeting, and to attend their meetings as often as possible. Mr. Burns stated that they have a list of materials that they need in order to prepare the eligibility documentation, and they need advise.
Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that it would be a good idea to get a liaison and, in terms of specific help, if there are significant dollars involved, staff can bring that back to the Board. He noted that Commr. Pool has been in the position of monitoring the process, and Mr. Stivender could get someone from his department to get involved as well and work as the liaison.
Commr. Cadwell stated that the Board needs to make sure that they do not lose focus that this is a community initiative.
Commr. Pool stated that the Friends of Lake Apopka are working diligently to try and encircle the lake, and there are opportunities here, and he feels that the Scenic Highway Committee should work with staff and, with help from the Board, he feels they can go further and complete the process. It was noted that Florida Trails is working on their long term plan around Lake Apopka, and there are dollars available for Florida Trails, as well as with this project.
Mr. Burns stated that the program leaves it up to the local groups to complete the eligibility phase themselves, and to come up with their own money and resources. Once you get to the designation stage, historically the State has had money for grants for hiring of consultants and putting that phase of the process together.
Ms. Patterson noted that there is a black and white photo in the packet which notes that the community meetings are held the third Thursday of each month at either the Kirk Park Community Center, Montverde, or the Montverde Town Hall. There is also a card in the packet with the names of some of the representatives of the Committee.
Ms. Trish Erckert, Treasurer of the Florida Scenic Highway Committee, addressed the Board and stated that the "seed money" has generated about 30 responses in about a week and a half and they have approximately $800. Ms. Erckert stated that, if the Committee has the approval of the Board, they will be available for Florida Forever Grants and others, and they will be able to pursue other opportunities. She noted that they were able to meet with the State of Florida Scenic Highway Program representatives, as well as the Federal Scenic Highway Coordinator, to discuss other possibilities such as the Ferry Boat Grant.
Commr. Cadwell stated that the Board, by consensus, can let staff assist the group where they can and it would be better that staff bring back a resolution, once they research the Board's commitment with that resolution and, by offering staff support, the Board will have a better idea of what their commitment will be and what they can do, because they have to weigh this against the County's other transportation needs, and even though he supports what the group is trying to do, it is an area where the County is short on funds.
Commr. Hanson stated that the group has the consensus of the Board that they would like to help them in any way that they can and she sees a lot of opportunity in helping them to coordinate and develop a synergism from the different organizations and funding sources that are available.
Mr. Stivender stated that staff has been working on several projects along this corridor over time to widen it for the bikes and the pedestrians. The last one was from Ferndale to Montverde, and it is in pretty good shape right now. The road was designed in the 1930s and there are a lot of curves and other things that need a little attention, to set safer standards for the motoring public, as well as the bikes and staff is working on all of this as they go.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:20 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK