The Lake County Board of County Commissioners met in regular session on Tuesday, October 16, 2001, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: 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/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Kathryn A. Schwartz, Deputy Clerk.
The Invocation and Pledge of Allegiance were led by Commr. Stivender.
INTRODUCTION OF VISITORS
Commr. Stivender introduced and welcomed music students who were present from Tavares Elementary and Tavares Middle schools for the special reception and presentation to Mr. Tzimon Barto, who was being honored today for his many years of contribution to the performing arts. She introduced Ms. Susan Cyrus, the principal from Tavares Elementary School, and Ms. Lynn Bain, who oversees the music program at Tavares Elementary.
AGENDA UPDATE
Commr. Stivender requested that the following two items be added to the agenda, under her business: 1) that some discussion was needed regarding the informational brochure for the one-cent sales tax before staff could move forward with its production and distribution; and 2) that she would also like to discuss the upcoming Christmas and New Year's holiday schedule. Commr. Hanson requested that the following items be added to the agenda, under her reports, as follows: 1) a proposal by Mr. Bill Horan to erect a display setting forth the names of those members of the community who are currently serving in the armed forces, which involves funding and a vote; 2) a resolution regarding roads, particularly SR-46, which requires a vote; and 3) an update on the Evaluation and Appraisal Report (EAR) process, particularly in the Joint Planning Areas, which does not need a vote.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the placement of the above items, as requested by Commr. Stivender and Commr. Hanson, on the agenda.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, noted that there was an Addendum to today's agenda, with two items listed. He also requested that Tab 51, a request for approval to advertise the ordinance relating to possession of alcoholic beverages in Juniper Creek and Little Juniper Creek, be withdrawn at this time; that more discussion and work needed to occur with the Sheriff's Office to resolve the issues, and, if necessary, the request would be brought back at a future date.
MINUTE APPROVAL
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 28, 2001 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 6, for the following requests:
Accounts Allowed
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 for approval of Contractor Bonds, as follows:
New
343-03 Abraham Conner
390-02 T. Graham Phillips/Multi-Con Electric, Inc.
536-02 Ronald I. Brown/Semco Electric, Inc.
801-02 James L. Stinson d.b.a. Stinson Electric, Inc.
1083-02 William J. St. John
1174-02 Clifford C. St. Louis Sr./St. Louis Heating & Air Conditioning, Inc.
1200-02 James D. Bass d.b.a. Aquarian Plumbing
1444-03 Fred Orme
1517-01 James Dolan
1617-03 Frank C. Vanderhoof
1761-02 William D. Kimmins/Classic Plumbing, Inc.
3096-02 Terry Ross d.b.a. TFR, Inc.
4012-03 Dalton & Owens Electric Services
4031-02 Harold Vernon d.b.a. Harold's Plumbing
4102-02 Raymond V. Wise/Wise Electric Service, Inc.
4151-03 Paynter & Sons, Inc.
4220-02 Connie Martin/C. L. Martin Roofing, Inc.
4366-02 James A. Quarles
4407-02 Charles E. Binder d.b.a. Binder Plumbing
4513-02 Eugene Schmitt/Schmitt Builders, Inc.
4519-02 Edward W. Kern/The Screen Doctor of Central Florida, Inc.
4543-02 John S. Mudrick d.b.a. Air Engineers/Ductbusters
4616-02 Stephen W. Rust/Rust Electrical Services
4689-02 Lyndon G. Denelsbeck d.b.a. Tropical Plumbing
4766-01 Daniel M. Hayes
4774-02 Joe P. Strickland, Jr./Strickland Electrical, Inc.
4819-02 Robert M. James
4844-03 Perry Collins (Duplicate Bond)
4849-02 Larry D. New/Economy Electric
4871-02 James A. Croson/J. A. Croson Company of Florida
4882-02 Richard C. Copeland, Jr./Copeland Electric, Inc.
4909-02 Juan Torres d.b.a. AAArons Electric
Contractor Bonds - New - (Continued)
4913-02 John T. Green, Jr./Greens Energy Services, Inc.
4938-02 Theodore A. Mapes, Jr./Mapes Roofing Company, Inc.
4984-02 Eddie T. Palmateer/Ace Heating & Air Conditioning, Inc.
5027-02 Kenneth Lawrence Watson
5041-02 Scott Maassen/Hawkeye Plumbing Company, Inc.
5087-02 Paul A. Corp/Tender Plumbing Care, Inc.
5186-02 Rodney K. Pearce
5193-02 Billy Ray Hall d.b.a. Bill Hall's Plumbing
5216-01 Grover L. Maynard/Reeves Electric, Inc.
5261-02 Darel G. Taylor/Crown & Company Custom Home Builders, Inc.
5345-02 Jerry D. Hill d.b.a. A-R-S Roofing
5348-02 Richard L. Poppa d.b.a. D. P. Electric Company
5358-02 Donald Chambers/Century Air Conditioning and Heating
5359-02 Gregory Wayne David d.b.a. Greg David Electric
5382-02 Emerson J. Kelly
5383-02 Alan D. Brotz/Swim Systems, Inc.
5396-02 Steven C. Douglas/Signs City of Central Florida, Inc.
5569-02 William Greenberg d.b.a. Morris Electric
5600-02 Charles Berg/Charles Berg Enterprises, Inc.
5655-02 Keith L. Smith d.b.a. K. S. Electric of South Florida
5696-02 Bun Long Ly/United World Electric, Inc.
5738-02 Gary V. Marcum/Electrical Contracting/PC Services, Inc.
5800-02 William Lee Walker d.b.a. Bill Walker Construction Co.
5858-02 Robert J. Wilkins d.b.a. Data Power Services, Inc.
5862-02 Michael Romack
5863-01 Pierre Fortin d.b.a. Fortin Construction
5864-02 Ronald L. Vail
5865-02 Glen C. Dinges d.b.a. Glen Dinges Carpentry
5866-02 Kevin Johnson
Riders
1396-03 John C. Dann/Bee Dee Neon Sign, Inc. (to change the bond number, change the surety company, and continuation certificate)
4551-03 Brown Builders of Marion County (to change the bond number, change the surety company, and continuation certificate)
4765-03 Dale R. Ellis/A to Z Home Improvement & Aluminum (to change the bond number, change the surety company, and continuation certificate)
5266-02 Dwayne Schwarz/Power Electric (to change the bond number, change the surety company, and continuation certificate)
Cancellations
4134-01 Donald M. Glessner
4492-01 Michael Scott d.b.a. Mike Scott Plumbing
4637-01 John T. Duncan d.b.a. Freeman Electric Co.
4661-99 Banyan Construction & Development, Inc.
5411-01 Thomas J. Grayford d.b.a. Grayford Electrical Contracting
5534-01 Stephen E. Cain, Jr.
5534-01 Stephen E. Cain, Jr. d.b.a. A-Cool Breeze of Central Florida, Inc.
5674-01 Stephen Roper d.b.a. Roper Plumbing, Inc.
Accounts Allowed/Budgets/Water Authority
Request to acknowledge receipt of Lake County Water Authority's Final Budget for Fiscal Year 2001-2002.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Suits Affecting the County
Request to acknowledge receipt of Settlement Agreement with the Internal Revenue Service and PaineWebber, Inc., and the United States Attorney for the Southern District of New York, regarding the $35,995,000.00 Lake County, Florida, Sales Tax Revenue Refunding Bonds, 1992.
Accounts Allowed/Deeds/Tax Collector
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $26,900.31.
Accounts Allowed
Request to approve release of Public Defender lien in the amount of $400.00 - State of Florida vs. Bobby Butler, O.R. Book 807, Page 157. Payment has been received.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, noted that there was an item on Addendum No. 1 under the County Manager's Consent Agenda and that there were revisions to Tabs 4, 14(1), and 20.
Commr. Hanson brought Tab 23 to the attention of the Board stating that Florida Concrete Pipe Corporation, in Astatula, has donated concrete pipe, at an estimated value of $4,500.00, for culverts that blew out during a recent emergency-flooding situation in Astor. She stated that the company came forward and wanted to help. She explained that the $4,500.00 is included in the funding sources. Commr. Hanson asked that, at a future Board meeting, the Board members come to an agreement to make a presentation, or a resolution, in order to express their appreciation to Florida Concrete Pipe Corporation.
Commr. Hanson commented on Tab 35 stating that she was very pleased to see the Lake Kathryn Community Development Block Grant Phase I paving project moving forward. She explained that the County had started the grant process about six or seven years ago, was turned down by the State, and that now it is finally taking place.
Commr. Cadwell highlighted Tab 7 stating that it is good to see the Interlocal Agreement between the City of Eustis and Lake County for the provision of reciprocal first-response fire and rescue; that it is going to serve the citizens well; and that the Board appreciates everybody's efforts. He recognized City of Eustis Council Member Evelyn Smith, who was here on another matter, stating how much the Board appreciated the City of Eustis working together with the County.
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 36, including item A-1 from Addendum No. 1, with the revisions to Tabs 4, 14(1), and 20 noted below:
Communications Systems/Resolutions/Roads - County & State
Request for approval of Resolution No. 2001-197, to rename Cupid Court (2-0964) to Avalon Ridge Way.
Accounts Allowed/Community Services/Grants
Request for approval of annual grant funding for 13 children's service providers who have submitted applications for County funds through the Citizens' Commission for Children (CCC) Request for Proposal (RFP) process; and permission to expend funds in the amount of $197,400.00. Also, authorization for signatures on subsequent agreements contingent on County Attorney approval. The following revision was noted in the Budget Narrative for Baseline Funding concerning Childhood Development Services, Inc.: that they anticipate serving 950 Lake County children, instead of 1,600 children, for subsidized childcare. Children's service providers are as follows:
Supervised Visitation 30,000.00
Total Funding Request: $197,400.00
Community Services/Contracts, Leases & Agreements/Libraries
Request for approval and signature of First Amendment to Lease Agreement between Publix Super Market, Inc., and Lake County relating to the Sale of Coffee in the Citrus Ridge County Library.
Accounts Allowed/Grants/Municipalities/Outdoor Recreation
Request for approval of a minor amendment to the FY 2000-05 Consolidated Plan One-Year Action Plan increasing the Community Development Block Grant (CDBG) funds allocated for the City of Tavares' Ingraham Park Playground Improvements to $84,114.90 and decreasing the CDBG funds allocated for the Montverde Town Hall Restrooms to $4,835.10 - No County budget transfers are necessary.
Contracts, Leases & Agreements/Emergency Management/Fire Protection/Municipalities
Request for approval of Interlocal Agreement with the City of Eustis for the provision of reciprocal first-response fire and rescue.
Community Affairs/Contracts, Leases & Agreements/Emergency Management
Request for approval and execution of FY 2001/2002 Emergency Management Preparedness & Assistance Trust Fund Agreement between Lake County and the Department of Community Affairs.
Accounts Allowed/Contracts, Leases & Agreements/Recreation Facilities
Request for approval for the Chairman to execute an Agreement between Lake County and the YMCA of South Lake County relating to contribution of infrastructure sales-tax funds for community recreation facilities in the amount of $10,000.00.
Accounts Allowed/Committees/Grants
Request for approval to grant Regional Park Development Grant funds, in the amount of $150,000.00, as recommended by the Parks & Recreation Citizen Advisory Board, to: Lake-Sumter Community College, City of Lady Lake, and Astor Lions Park.
Contracts, Leases & Agreements/Grants/Municipalities
Request for approval for the Chairman to execute a First Amendment to Agreement between Lake County and the City of Minneola relating to contribution of Community Recreational Capital Improvements Grant for a one-year extension.
Contracts, Leases & Agreements/Grants/Municipalities
Request for approval for the Chairman to execute a First Amendment to Agreement between Lake County and the City of Umatilla relating to contribution of Community Recreational Capital Improvements Grant for a one-year extension.
Assessments/Contracts, Leases & Agreements
Request for approval for the Assignment and Amendment of Agreement between Lake County, The Greater Construction Corporation, and Greater Groves Homeowners' Association, Inc.
Accounts Allowed/Budgets/Budget Transfers
Fiscal Year 2000/2001 - Request for approval of budget transfer in the amount of $25,000.00 from Contingency - General Fund to Constitutional Officers, Inmate Medical. Additional funds are needed to pay inmate medical costs through September 30, 2001. The following revision was noted: that the transfer amount should reflect the amount of $45,000.00, instead of $25,000.00, due to a serious illness of one of the inmates.
Accounts Allowed/Budgets/Budget Transfers
Fiscal Year 2000/2001 - Request for approval of budget transfer from Reserve/Pay Plan Implementation - $58,088.00 and Building Services - Main - $95,547.00 (total general fund $153,635.00) to Various Personal Services - $58,088.00 and Building Services - South Lake - $95,547.00 (total general fund $153,635.00). Budget transfer from Contingency - Aquatic Plant Management - $862.00 to Public Works, Personal Services - $862.00. Budget transfer from Contingency - Landfill Enterprise - $21,071.00 to Solid Waste Management, Personal Services - $21,071.00. Total transfer from all funds is $175,568.00. Year-end adjustments need to be made to the personal services accounts of various funds/cost centers to provide for the first year of the pay plan implementation.
Accounts Allowed/Budgets/Budget Transfers
Fiscal Year 2001/2002 - Request for approval of budget transfer from Sheriff's Salary - $1,823.00, Law Enforcement Personal Services - $123,471.00, Jail Operations Personal Services - $148,630.00 and Bailiffs' Personal Services - $14,308.00 (total amount $288,232.00) to Constitutional Officers, Law Enforcement Operating Expense - $11,134.00, Jail Operations Operating Expense - $7,175.00 and Economic Stabilization Reserve - $269,923.00 (total amount $288,232.00). Transfer is needed to adjust Fiscal Year 2002 budget to revised Sheriff Department budget for Florida Retirement System rate change and change in Sheriff's salary per salary formula in Chapter 145, Florida Statutes.
Accounts Allowed/Budgets/Budget Transfers
Fiscal Year 2001/2002 - Request for approval of budget transfer in the amount of $3,000.00 from Special Reserve to Public Works, Other Current Charges. Funds are needed to pay for the cost of transferring bus titles from LifeStream to Lake County.
Accounts Allowed/Budgets/Budget Transfers
Fiscal Year 2001/2002 - Request for approval of budget transfer in the amount of $160,226.00 from Contingency to Public Works, Professional Services. Additional funds are needed to replace culverts in poor condition. Culverts in the following locations are in need of replacement: Tracy Canal, Lake Nellie Road, Dwights Road and Green Swamp Road. The Tracy Canal and Green Swamp culverts will be partially funded by the Federal Emergency Management Agency (FEMA).
Accounts Allowed/Budgets/Municipalities/Resolutions
Fiscal Year 2001/2002 - Request for approval of Resolution No. 2001-198, to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $20,810.00 from Police Services - Minneola and to provide appropriations for the disbursement of these funds to Minneola Contract.
Accounts Allowed/Budgets/Resolutions
Fiscal Year 2001/2002 - Request for approval of Resolution No. 2001-199, to amend the County Transportation Trust Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $670,000.00 from Local Agency Program (LAP) projects and to provide appropriations for the disbursement of these funds to LAP projects.
Accounts Allowed/Budgets
Request for approval of Impact Fee Refund to Siena Home Corporation in the amount of $1,080.96 due to impact fees incorrectly paid on temporary construction trailer and then not credited when single-family-residence (SFR) permit was issued.
Accounts Allowed/Budgets
Request for approval of Impact Fee Refund to Peoples State Bank of Groveland in the amount of $29,699.20 due to road impact fees calculated on incorrect building area.
Accounts Allowed/Budgets/Budget Transfers/Committees
Fiscal Year 2000/2001 - Request for approval of budget transfer in the amount of $5,000.00 from Special Reserve to Public Works, Aids to Governmental Agencies. Funds are needed for request from the Harris Chain of Lakes Restoration Council for $5,000.00 to assist the Council in fulfilling its duties under Senate Bill 1394 approved by the Governor on June 15, 2001.
Accounts Allowed/Budgets/Grants/Resolutions
Fiscal Year 2001/2002 - Request for approval of Resolution No. 2001-200, to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $792,073.00 from Grant Dollars and to provide appropriations for the disbursement of these funds to Regular Salaries, Contractual Services, Buildings, and Aids to Private Organizations.
Accounts Allowed/Budgets/Resolutions
Fiscal Year 2001/2002 - Request for approval of Resolution No. 2001-201, to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $250,315.00 from Voter Registration Education & Training, and from Voting Machines; and to provide appropriations for the disbursement of these funds to Personal Services, Operating Expenses, and Machinery & Equipment.
Accounts Allowed/Budgets/Clerk/County Manager
Fiscal Year 2000/2001 - Request for approval from the Clerk's Office for payment of Criminal Court costs for September 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $25,780.00. Request is for Fiscal Year 2001.
County Property/Procurement Services
Request for approval to donate surplus County items to the United Way and other 501(c)(3) organizations.
Bonds/Contracts, Leases & Agreements
Request for approval of revocation of Agreement for Mobile Home Bond based on completion for Timothy L. Schoonard at 43930 Doctors Cove Road, Altoona, Florida.
Public Works/Road Assessments/Roads - County & State
Request for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for 46 road assessments, as follows:
Assessment # Name Date Paid
681010 Clayton R. Huff 08/30/01
685053 Albert A. Arjibay 08/23/01
688023 Maxine M. Swebilius 07/30/01
691041 Billie B. Best 08/24/01
694001 Darrell & Phyllis Taylor 08/20/01
694006 Jimmie L. Quin 08/23/01
694008 Frank W. & Mary E. Mehlberg 08/27/01
694009 Leonard A. Provost 08/13/01
694012 Susan M. Bremer 08/27/01
694020 Corbin & Bethyal Knox 08/21/01
694027 Steven Schwartz 08/20/01
694035 James E. Llewellyn 08/23/01
694043 Robert E. Swingle 08/23/01
694044 Thomas M. Piro 08/23/01
694049 James Leffler & James Leffler, II 08/10/01
694050 Leonard Hopkins, Jr. & Donald Hedke 08/01/01
694051 Clifford & Geraldine Abbott 08/24/01
694054 Katherine A. Llewellyn 08/20/01
694063 W. E. Foster 08/20/01
694069 Derek L. Masonry 08/08/01
694072 Donald N. Talbert, Trustee 08/08/01
694086 Walter & Bonnie Panasenko 08/15/01
694098 Norma L. Connor 08/17/01
694099 Norma L. Connor 08/17/01
694102 John & Dawn MacKay 08/20/01
694118 Carol J. Christiansen 08/08/01
694119 Melvin Drier (Est) 08/20/01
694121 Eugene & Pamela Monchak 08/27/01
694127 Anna & Stanley Koubsky, Jr. 08/10/01
694138 Ray & Donna Finney 08/21/01
694139 Dolores M. Kenworthy 08/13/01
694146 Ralph & Elaine Reader 08/01/01
694147 Alta Curtis 08/08/01
694148 Patricia G. Blanchett 08/23/01
694149 Leona Strong & Betty Lou Beacock 08/08/01
694150 Barbara McCarrell, et al. 08/20/01
694156 Harold E. Pridemore 08/08/01
694158 Robert E. Swingle 08/23/01
694159 Robert A. Culligan 08/17/01
694160 Robert A. Culligan 08/17/01
694163 Berry C. Soper 08/20/01
694166 Randy S. Swingle 08/23/01
694172 Joyce & Carl Highers, Sr. 08/03/01
694176 Harry & Dolores Baab 08/24/01
694182 Berry Soper 08/20/01
694206 Delores & Harold Kenworthy 08/01/01
Public Works/Resolutions/Signs
Request for approval of Resolution No. 2001-202, authorizing the posting of "No Parking" signs on the north side of Ball Park Road (5-7464) from SR-19 for a distance of 675 feet to Church Street (5-7265) in the Umatilla area.
Maintenance/Public Works/Resolutions/Roads - County & State
Request for approval to execute Resolution No. 2001-203, accepting Lake Myrtle Boulevard (County Road Number 1-5204) and Shore Line Drive (County Road Number 1-5204A) into the County road maintenance system - Commission District 1.
Accounts Allowed/Contracts, Leases & Agreements/Deeds/Public Works
Request for approval and authorization to accept the final plat for Greater Pines Phase 8, accept a letter of credit for performance in the amount of $435,460.60 and execute a Developer's Agreement for Construction of Improvements between Lake County and The Greater Construction Corporation - Commission District 2. The following revision was noted: that the request should also include the acceptance of a Conservation Easement Deed from The Greater Construction Corporation as part of the Greater Pines Phase 8 plat.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Deeds/Maintenance
Public Works/Resolutions/Roads - County & State/Subdivisions
Request for approval and authorization to accept the final plat for Marsh Hammock Phase II subdivision; accept a Conservation Easement Deed from Marsh Hammock, Inc.; accept a maintenance bond in the amount of $24,800.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Marsh Hammock, Inc.; and execute Resolution No. 2001-204, accepting the following roads into the County road maintenance system: Water Fern Circle (County Road Number 2-1631A), Winding Marsh Street (County Road Number 2-1631D) and Golden Club Street (County Road Number 2-1631E). Subdivision consists of 52 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Public Works/Subdivisions
Request for approval and authorization to accept the final plat for Plantation at Leesburg Nottoway Village; accept a Letter of Credit for Performance in the amount of $1,500,000.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and The Plantation at Leesburg Limited Partnership. Subdivision consists of 151 lots - Commission District 2.
Accounts Allowed/Bids/Public Works/Roads - County & State
Request for approval and authorization to advertise for bids for the Astor Pipe Replacement Project No. 2002-08 at an estimated cost of $260,000.00 from the Transportation Trust Fund - Commission District 4. Included in this project is a donation of 160 feet of 36-inch concrete pipe from Florida Concrete Pipe, in Astatula, at an estimated value of approximately $4,500.00.
Accounts Allowed/Contracts, Leases & Agreements/Public Works
Request for approval and authorization to release an escrow amount of $72,000.00 that was posted in accordance with the Escrow Agreement between Lake County and Peregrine Properties, Inc.
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval and authorization to award the CR-561 "Part" Widening and Resurfacing Project No. 2001-16, Bid No. 01-125, to DAB Constructors, Inc., in the amount of $1,534,479.25; to encumber and expend funds in the amount of $864,479.25 from the Sales Tax Fund (Fund 301); and to encumber and expend funds in the amount of $670,000.00 from the Transportation Trust Fund (Local Agency Program (LAP) projects) - Commission Districts 2 and 3.
Public Works/Resolutions/Roads - County & State/Road Vacations
Request for denial of a Resolution to advertise Road Vacation Petition Number 959 by Franklin and Margaret Holman, representative Robert F. Vason, Jr., Esquire, to vacate streets in S1, T18S, R26E recorded in the Plat of Glendale in the Umatilla area - Commission District 5.
Public Works/Resolutions/Rights-of-Way, Roads & Easements
Road Vacations/Subdivisions
Request for approval of Resolution No. 2001-205, to advertise Road Vacation Petition Number 970 by Highland Grove, Ltd., to vacate right-of-way in S09, T22S, R26E recorded in the Lake Highlands Subdivision in the Montverde area - Commission District 2.
Public Works/Resolutions/Rights-of-Way, Roads & Easements
Road Vacations/Subdivisions
Request for approval of Resolution No. 2001-206, to advertise Road Vacation Petition Number 972 by Robert and Lucy Hague to vacate easement in S36, T18S, R26E recorded in the Eustis Meadows Subdivision in the Eustis area - Commission District 3.
Public Works/Resolutions/Rights-of-Way, Roads & Easements/Road Vacations
Request for approval of Resolution No. 2001-207, to advertise Road Vacation Petition Number 973 by Lake County to vacate right-of-way in S01, T18S, R24E in the Leesburg area - Commission District 5.
Public Works/Resolutions/Roads - County & State/Signs
Request for approval of Resolution No. 2001-208, authorizing the posting of speed-limit signs on the following roads in the Lake Louisa area in south Lake County:
Sunburst View Drive (2-0846) Via Roma Circle (2-0847A)
Sunwood Court (2-0846A) Via Milano Court (2-0847B)
Calabay Court (2-0846B) Sanhatchee Street (2-0751)
Windhill Court (2-0846C) Shoshonie Way (2-0751B)
Lakewind Drive (2-0847D)
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval to award Countywide Resurfacing Part II Project No. 2001-19, Bid No. 01-124, to Gray Materials & Contracting and to encumber and expend funds in the amount of $63,340.00 from the Transportation Trust Fund - Commission Districts 2, 3, and 4.
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval and authorization to advertise for bids for: Silver Lake Drive (#1-5229) Widening & Resurfacing Project No. 2002-06 at an estimated cost of $260,000.00 from the Impact Fee Fund - Commission District 1 - Benefit District 3.
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval and authorization to advertise for bids for Morningside Drive (#3/4-4568) Widening & Resurfacing Project No. 2002-04 at an estimated cost of $309,000.00 from the Impact Fee Fund - Commission Districts 3 and 4 - Benefit District 2.
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval and authorization to advertise for bids for: Old Highway 441 Stormwater Outfall Project No. 2002-07 at an estimated cost of $218,232.00 from the Stormwater Fund - Commission District 3.
Accounts Allowed/Bids/Grants/Public Works/Road Projects
Request for approval and authorization to advertise for bids for: Lake Kathryn Community Development Block Grant Phase I Paving Project No. 2002-05 at an estimated cost of $446,770.00 - Commission District 4.
Maintenance/Public Works/Roads - County & State
Request for approval to accept a Maintenance Map for Morningside Drive (#3/4-4568).
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
County Buildings & Grounds/Fire Protection/Growth Management
Request for approval of a Temporary Mobile Home to be placed at Fire Station #81 at Yalaha, Florida, while emergency repairs are made on the fire station.
PRESENTATION -
RECOGNITION OF MR. TZIMON BARTO IN CELEBRATION
OF ARTS AND HUMANITIES MONTH IN LAKE COUNTY
In celebration of Arts and Humanities Month in Lake County, Commr. Stivender recognized and honored world-renown pianist Mr. Tzimon Barto, from Eustis, Florida, for his admirable contributions to the music world. She read into the record a document entitled, "Recognition of the Meritorious Contributions of Mr. Tzimon Barto," which highlighted his education, performances, accomplishments, and his dedication to the furtherance of music education.
Mr. Barto addressed the Board, thanking them for the gracious recognition. He discussed his background and accomplishments, noting that he had two professions: that of a musician and that of a published writer. He recognized the opportunity that he has been given to serve under these two great professions. He discussed his love for the languages, theater, and the humanities.
Mr. Barto appealed to the Board to recognize that, while progress is an inevitable fact, we must not abuse the land; that we need to protect it and preserve its beauty. He discussed the importance of music in the classroom. He proposed the following: that students take one half-hour class each day, from grades one through twelve, wherein the student will learn, hands on, a musical instrument of their choice, noting that one would be surprised at what that class could accomplish at the end of a 12-year period. He invited members of the Board, who had any ideas to bring this proposal to a reality, to speak with him.
In closing, Mr. Barto thanked the Board for their generosity and attention. He accepted the award in hopes that it would remind him of all the things he must still do, rather than the accomplishments already behind him. He reminded those present of his performance in Lake County scheduled for January 19, 2002, at Lake-Sumter Community College, in Leesburg. He invited everyone to attend.
Commr. Stivender stated that there was a reception next-door in the historical courthouse; that everyone was welcome to attend.
RECESS AND REASSEMBLY
At 9:30 a.m., the Chairman announced that the Board would take a 15-minute recess.
PRESENTATION -
GREENPRINTING INITIATIVE - THE TRUST FOR PUBLIC LAND
Commr. Hanson introduced Ms. Katherine A. Baughman, Senior Government Affairs Liaison, The Trust for Public Land (TPL), Tallahassee, Florida, who was present to discuss the Greenprinting Initiative.
Ms. Baughman distributed a brochure entitled, "Greenprint Gallery," which profiles seven communities across the country that have voted to provide the funding for long-term land protection and restoration programs to meet their smart-growth goals. She explained the Greenprinting Initiative and the many ways in which the TPL could assist the County. She noted that land conservation is now one of the top priorities with voters across the nation, along with the importance of protecting natural resources. She also discussed the TPL's training and education programs, their involvement in numerous projects across the country, and their funding sources, noting that the TPL has been ranked as the nation's most efficient charity in the conservation field. She defined Greenprinting as blueprinting, a guide by which communities could plan ahead to protect areas for parks and open spaces, with the necessary funding to accomplish their objectives; that first a community needs to identify what to preserve, with the remainder being available for development. She discussed financial assistance available through the TPL.
Discussion occurred regarding the possibility of the County purchasing the Sugarloaf Mountain property. It was explained that the TPL's role in the transaction would be to acquire the Sugarloaf Mountain property from the owner and then work with the County and State agencies to move the land into public ownership, with the County sharing title with the State and functioning as a manager over the property, and that the TPL would need some time to look into this purchase a little bit further. It was noted that time was of the essence since Commr. Pool will be in Tallahassee next week to discuss the matter; therefore, Ms. Baughman would need to get back to him as soon as possible.
Commr. Hanson asked that Commr. Pool open the dialogue process with Ms. Baughman, to keep in touch with her and find out what the possibilities might be for the County.
Commr. Pool expressed his willingness to meet with Ms. Baughman, or TPL representatives, reiterating that he will be in Tallahassee next week meeting with the Governor's Cabinet in hopes of finding a way to resolve the Sugarloaf Mountain issue
Ms. Baughman stated that, upon her return to Tallahassee, she will delve into the matter and find out everything that she can about the project and possible ways to negotiate the matter. She suggested that maybe the presentation of a third option would be attractive to the Governor's Cabinet.
At this time, the Chairman opened the meeting for public comment.
Mr. Rich Dunkel, Mount Dora, addressed the Board stating that Ms. Baughman's presentation and the possibilities for Sugarloaf Mountain and other natural-land acquisitions points to the importance of the one-cent sales tax.
Commr. Hanson expressed her appreciation for Ms. Baughman's efforts and her presentation. It was noted that copies of the presentation material, which was displayed on the monitor, were being left for the Board's review.
PUBLIC HEARING -
PROPOSED USES OF 2001-2003 LOCAL
LAW ENFORCEMENT BLOCK GRANT FUNDS
Mr. Fletcher Smith, Senior Director of Community Services, introduced Captain Mark Palmer, from the Lake County Sheriff's Office, who was present to answer any questions the Board might have regarding the 2001-2003 Local Law Enforcement Block Grant (LLEBG) funding.
Mr. Smith stated that their purpose today is to receive input regarding the use of federal funds, in the amount of $161,089.00, for 2001-2003, which the County has been awarded from the Bureau of Justice Assistance for law-enforcement purposes. It was noted that this requires a 10-percent match from the Sheriff's Office, in the amount of $17,899.00, bringing the total funding to $178,988.00. The LLEBG Advisory Board met September 27, 2001, and reviewed the Sheriff's proposal for the use of these funds, having approved, for the Board's consideration, the use of these funds for the purchase of an additional 57 in-car video cameras that will be placed in designated automobiles with the Sheriff's Office to use for law-enforcement purposes. Captain Palmer addressed the Board and stated that he was here at the request of Sheriff George Knupp. He explained that originally the Sheriff had purchased 42 of these in-car cameras at a cost of $3,101.00 per camera and that the warranty and quality of these cameras were better than previous ones. He explained that, with the grant money, approximately 57 additional cameras, for a total of 99 cameras, would completely provide the Patrol Bureau with these modern in-car cameras, thereby aiding the deputy in his day-to-day duties and, most importantly, assisting him in the apprehension and prosecution of the criminal element within the County.
Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being no one present who wished to speak in opposition, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for the use of the 2001-2003 (FFY 2001) LLEBG funds in the amount of $161,089.00, plus matching funds of $17,899.00 from the Sheriff's Office, to purchase video cameras and accessories for law-enforcement vehicles; and approved the request to adopt the $161,089.00 in grant funds into the budget for County Fiscal Year 2002 (Sheriff to provide matching funds through Interlocal Agreement).
PUBLIC HEARING -
ORDINANCE CREATING THE LAKE COUNTY
SALES SURTAX OVERSIGHT ADVISORY COMMITTEE
Ms. Valerie Fuchs, Assistant County Attorney, placed the following 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 THE LAKE COUNTY SALES SURTAX OVERSIGHT ADVISORY COMMITTEE; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Stivender gave an overview of the Ordinance stating that, if the one-cent sales tax is extended for the next 15 years, it would provide for a committee made up of citizens from the following categories: two members of the public at large as designated by the Board of County Commissioners, two members of the public at large as designated by the School Board, two members of the public at large as designated by the Lake County League of Cities, and three Lake County Constitutional Officers, or their named designees. It was explained that the committee would have continual and ongoing oversight regarding how the moneys would be spent per the November 6, 2001, referendum requesting an extension of the one-cent sales tax.
Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being no one present who wished to speak in opposition, the public hearing portion of the meeting was closed.
Commr. Hanson stated that she felt it was a very important issue and noted that many communities provide for an advisory committee such as this and that it was believed the committee would give the community a better confidence level.
Commr. Cadwell expressed his appreciation for Commr. Stivender having brought this Ordinance forward.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2001-130, creating the Lake County Sales Surtax Oversight Advisory Committee, as presented.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Jennifer McMurtray, representing Defenders of Wildlife, asked to speak regarding a resolution concerning the Expressway and SR-46.
Commr. Hanson informed Ms. McMurtray that the item has been placed on today's agenda as an action item and that she would allow public comment at the time that the resolution is discussed.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
GROWTH MANAGEMENT/ORDINANCES
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board requesting approval to advertize a change in the Land Development Regulations as follows: to exempt from permitting certain accessory structures known as tube and canvas structures, provided that the following conditions are satisfied: 1) that the structure shall be located in residential and agricultural zoning districts only; 2) that the structure shall not exceed 200 square feet in size; and 3) that the structure shall be located in the side or rear of the property and shall meet all setback requirements for the residential or agricultural zoning district.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to advertise an Ordinance concerning proposed amendments to the Lake County Land Development Regulations regarding pool and hot tub setbacks and temporary tube and canvas structures, as stated above.
COUNTY EMPLOYEES/HUMAN RESOURCES
Ms. Helena Osborne, Interim Human Resources Administrator, distributed to the Board and the audience a report entitled, "Employee Survey Results FY 2000/2001." She explained that employee surveys are conducted in order to keep abreast of employee well-being, morale, and perceptions. She stated that the survey has been completed; that the analysis has been returned to the County; and that staff would like to pass this information on to the employees as a form of feedback, with the appropriate action taken on some of the key issues. She discussed, in detail, the Employee Survey Results, commenting on and comparing statistics from FY 2000/2001 regarding employee participation, demographics, data analysis, and necessary changes.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board accepted the Employee Survey Results and approved group employee presentations of the findings of the Survey that was administered by Human Resources to County employees between April 9 and April 13, 2001.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS/STATE AGENCIES
UTILITIES (PUBLIC SERVICE COMMISSION)
Mr. Jim Stivender, Jr., Senior Director of Public Works, addressed the Board and discussed improvements to U.S. Highway 441, specifically the illumination of the road from 0.2 miles west of College Drive to the west side of the Dead River Bridge. He explained that, due to the widening of the road, the County has been contacted by the Florida Department of Transportation (FDOT) to participate in a new program to install streetlights at needed locations on state roads and that the FDOT desires to enter into an agreement where they are proposing to pay the County $560,000.00 for the installation and maintenance of these lights. He stated that, after speaking with Sumter Electric Cooperative, Inc. (SECO), and the City of Leesburg Electric, which manage the lighting in this area, they have worked out lease agreements with the electric utilities wherein they will provide rental lights to the County in this area of U.S. Highway 441. Mr. Stivender explained that upon acceptance of the money, staff's intention is to put the funds in a special reserve where the money, and interest, can be monitored; that it will be drawn down to pay the monthly bills on the lease agreements; that, with this plan, the base amount of money will last the County ten years; and that with the additional interest the money will last for a much longer period of time. It was noted that it is staff's intention to accept the money and be responsible for that part of the U.S. Highway 441 corridor.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2001-209 authorizing the Chairman to execute and deliver the agreement identified as the "Highway Illumination Services Agreement" to the FDOT, and for the County to accept the $560,000.00 from the FDOT for the costs of roadway lighting, as stated above.
PUBLIC WORKS/ROADS - COUNTY AND STATE/SIGNS
Mr. Jim Stivender, Jr., Senior Director of Public Works, addressed the Board stating that, due to redistricting, a large number of the County's road signs will need to be changed because of the district numbers that are found on the signs. He suggested that the easiest way to change the signs now is simply to put a piece of matching green tape over the district number, which will save the County a considerable amount of money. He explained that as signs are replaced they will have no district numbers. He displayed a sample of a current standard sign and a sample of a new sign, pointing out the differences. He also requested approval of a new design for the County's road signs, a design that would provide for the Lake County Board of County Commissioners' logo, the date the sign was produced, and the road number without a district number. It was noted that the new signs will be a little bit larger than the old signs and provide for better visibility. He explained that once the districts are restructured staff would start to immediately change out the numbers, and that the replacement of existing signs will be phased in over the next few years, as they age.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, for the Board to approve the deletion of the district numbers from the signs and approve the new design.
Under discussion, Commr. Stivender inquired into the reasoning behind the deletion of the district numbers. It was explained that the general public has no need for these numbers, but the Public Works Department will continue to use the district numbers for inventory and sorting purposes.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
CONTRACTS, LEASES & AGREEMENTS/IMPACT FEES
PUBLIC WORKS/ROADS - COUNTY & STATE
Mr. Jim Stivender, Jr., Senior Director of Public Works, addressed the Board requesting to move forward with the Developer's Agreement Between Lake County, Florida, and Centex Homes Regarding Northridge Boulevard, North Hancock Road, and the South Lake Trail, which staff has been working on for many years. He explained that the agreement provides for the granting of impact-fee credits in the amount of $371,355.93. He briefly discussed the history of the projects and the locations of the roads.
Commr. Pool emphasized the South Lake Trail agreements, noting that it is an important segment to be completed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the execution of the Developer's Agreement, as stated above.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
PUBLIC WORKS/RIGHTS-OF-WAY, ROADS & EASEMENTS/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director of Public Works, addressed the Board stating that the County and Mr. Dale Ladd, on behalf of Silver Fox Development, Inc., have entered into a Real Estate Purchase and Sales Agreement wherein the County has agreed to purchase a small piece of right-of-way property located at the intersection of Hook Street and the new South Lake High School entrance road, in the Clermont area, for the appraised value of $23,600.00. He explained that this small piece of property, about two-tenths of an acre in size, is additional right-of-way which is needed to complete the Hook Street project. He recommend that the Board approve the purchase of this piece of property. It was noted that this is an approved impact-fee project (Commission District 2) and will be funded from moneys in Road Impact Fee Benefit District 5.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of the Real Estate Purchase and Sales Agreement, with Mr. Dale Ladd, on behalf of Silver Fox Development, Inc., for the additional right-of-way, as stated above, for $23,600.00.
ACCOUNTS ALLOWED/PUBLIC WORKS
ROADS - COUNTY & STATE/SUBDIVISIONS
Mr. Jim Stivender, Jr., Senior Director of Public Works, expressed his appreciation to the Board regarding emergency funding that was approved at their October 2, 2001, meeting. He stated that they have opened a road, completed the paving project on Highway 44 (north of Eustis), and will complete the Lake Swatara project sometime this week. Mr. Stivender thanked his engineering staff and, specifically, Mr. Leeland Shelton, Sr., for negotiating some difficult issues.
Commr. Hanson stated that she recognized the difficulty of the situation and expressed her appreciation to Mr. Stivender and his staff for their work and efforts.
ACCOUNTS ALLOWED/CODE ENFORCEMENT/COUNTY PROPERTY
SPECIAL PROJECTS
Ms. Ava Kronz, Director of Special Programs, County Outreach Development Department and Interim Director of Economic Development, addressed the Board requesting approval to donate property, which was acquired through a Code Enforcement foreclosure, to Habitat for Humanity and to pay outstanding tax certificates in the amount of $1,464.75.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the donation of property, as stated, to Habitat for Humanity and to pay outstanding tax certificates in the amount of $1,464.75.
APPOINTMENTS - RESIGNATIONS/COMMITTEES/LIBRARIES
Comm. Cadwell presented the names of the recommended individuals for appointment to vacant positions on the Library Advisory Board, as follows: Mr. A. J. Bogart, as a reappointment to the Mount Dora Public Library; and Mr. James E. Page, as a reappointment to the Lady Lake Public Library.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, for the Board to approve the appointments, as stated above, to the Library Advisory Board.
Under discussion, Commr. Hanson stated that the alternate position for the Lady Lake Public Library was also under consideration.
Commr. Cadwell clarified that his motion includes the appointment of Ms. Lois Lamont as an alternate member to the Lady Lake Public Library. He spoke about the opening of new libraries and whether or not the at-large members of the Library Advisory Board would be County representatives.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, stated that perhaps they needed to look at the entire resolution concerning this matter, because, as additional libraries are built, representatives for the new libraries will need to be appointed to the Library Advisory Board as well. He explained that, currently, there are only at-large members who are not tied to a particular library. Mr. Minkoff confirmed that he would start the review process of the pertinent resolution for the purpose of expanding the Library Advisory Board's membership to include communities that will have a new library.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS
COUNTY ATTORNEY
OUTDOOR RECREATION/RESOLUTIONS/WATER AUTHORITY
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, addressed the Board and stated that Tabs 48, 49, and 50 were all the same types of resolutions and that the Lake County Water Authority (LCWA) has requested to set speed limits on certain water bodies in the County. He recommended approval of Tabs 48, 49, and 50.
Commr. Pool stated that he had no problem with the approval of the resolutions for speed limits on the Palatlakaha River, Tabs 49 and 50, but that he did have a concern with Tab 48, a request for a resolution establishing a speed limit on Lake Palatlakaha. He stated that Lake Palatlakaha is a long lake to be traveling across at idle speed; that it would take 45 minutes to cross. He explained that there are only four mobile homes on the northern side of Lake Palatlakaha's shore. Commr. Pool asked that the LCWA inform the Board of their specific needs regarding the lake. He recommended that there be idle zones through all of the canals but not across Lake Palatlakaha.
Mr. Minkoff stated that he would follow up on this matter and suggested that the Board postpone Tab 48 indefinitely, in order to receive a report from the LCWA, and just proceed with Tabs 49 and 50, at this point.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Tab 49, a request for approval and adoption of Resolution No. 2001-210 establishing a speed limit on a portion of the Palatlakaha River between Lake Susan and Lake Minnehaha; Tab 50, a request for approval and adoption of Resolution No. 2001-211 establishing a speed limit on a portion of the Palatlakaha River between Lake Minnehaha and Lake Palatlakaha; and postponed Tab 48 indefinitely, a request for a resolution establishing a speed limit on Lake Palatlakaha, in order to receive more information from the LCWA.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
STATE AGENCIES
Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board requesting approval of the Interlocal Agreement Between Lake County, Florida, and the Harris Chain of Lakes Restoration Council (Council) for Funding, in the amount of $5,000.00, to help the Council in fulfilling its duties under Senate Bill 1394, and for use solely towards the Council's administrative costs incurred during the fulfillment of its statutory duties; and approval of a letter supporting the Council's funding request.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Interlocal Agreement and Letter of Support, as stated above.
ADDENDUM NO. 1 (CONTINUED)
REPORTS (CONTINUED)
COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY
Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board stating that the County has been served with a Verified Complaint in the matter of Scott Taylor vs. Lake County, Florida, and Gatwick II - Heathrow Country Estates, wherein Mr. Taylor is seeking injunctive and other relief regarding the Board's approval, at their August 28, 2001, meeting, of a PUD amendment approving the Gatwick II proposed development. Ms. Fuchs stated that staff is recommending that the Board take no action on the Verified Complaint, which would then allow Mr. Taylor to pursue his lawsuit through the courts. She stated that, as an alternative, the Board could decide that it wants to rescind its prior approval of the PUD amendment if it now determines that the amendment is not consistent with the Comprehensive Plan, which would then, in effect, put the burden on the landowner to challenge the denial in court. She recommended that the Board take no action and let Mr. Taylor seek his remedies through the courts.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to take no action on the Verified Complaint concerning Scott Taylor vs. Lake County, Florida, and Gatwick II - Heathrow Country Estates.
REPORTS
COUNTY MANAGER
CONTRACTS, LEASES & AGREEMENTS/COUNTY MANAGER
HUMAN RESOURCES
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, discussed the Transportation Summit scheduled for October 30, 2001, in the Magnolia Room at Lake-Sumter Community College. He stated that staff advertized the meeting as a regular Board meeting; that it was anticipated by this time the new County Manager, Mr. William Neron, will have negotiated and signed his contract with the County; and that approval of the new County Manager's contract is scheduled for the October 30, 2001, meeting. It was noted that Rep. Randy Johnson has agreed to speak during the lunch recess.
REPORTS
COMMISSIONER HILL - DISTRICT #1
COUNTY EMPLOYEES/PLANNING AND DEVELOPMENT
Commr. Hill informed the Board that Ms. Sherie Ross, of Planning and Development Services, had been directed by the Planning and Zoning Commission to write a pamphlet explaining what their function is, the quasi-judicial system, and the application process. She noted that the pamphlet was very well done and very well written and commended Ms. Ross for her work. It was noted that it would be nice to have this type of informational brochure for many of the committees.
REPORTS
COMMISSIONER STIVENDER - DISTRICT #3
COMMITTEES/COUNTY EMPLOYEES/COUNTY POLICY
Commr. Stivender discussed the County's upcoming Christmas and New Year's holiday schedule. She suggested that since December 24, 2001 (Christmas Eve), and December 31, 2001 (New Year's Eve), are Mondays that staff should consider looking at these days as being regular holidays instead of floater days. After some discussion, it was agreed that Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, would discuss the issue at the next Employee Advisory Committee meeting.
ACCOUNTS ALLOWED
Commr. Stivender discussed the one-cent sales tax informational brochure and draft letter that staff created, informed the Board of the costs associated with producing the brochure, and noted that 80,000 flyers would need to be made at a cost of approximately $20,000.00. After some discussion, the consensus of the Board was to move forward with production of the brochure. It was noted that, if necessary, Ms. Emogene Stegall, Supervisor of Elections, and her staff were available to help in the mailing process.
Commr. Hanson stated she was also available to help and noted that it was important that the voters know how the tax dollars have been spent. She explained that the cities have done an outstanding job in putting flyers together, which show, visually, where the moneys have been expended.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved for staff to move forward with production of the informational brochure and to set aside funds, not to exceed $25,000.00, for the cost of producing the brochure.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2001-196 proclaiming November 2001 as Epilepsy Awareness Month in Lake County.
COUNT POLICY/STATE AGENCIES/VETERANS' SERVICES
Commr. Hanson discussed Tab 54, a request from the State of Florida Department of Veterans' Affairs for financial support from Lake County in its efforts to raise funds for a Florida WW II monument, a living memorial, an exhibit at the Museum of Florida History in Tallahassee, and an interactive Web site. It was noted that the complete project will cost $1.9 million, all of which must be funded with private or corporate dollars; and that the tribute is scheduled for presentation to the WWII veterans on December 7, 2001.
After some discussion, it was agreed that Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, would do some research into the matter and bring his findings back before the Board at their October 23, 2001, meeting.
DISPLAYS/VETERANS' SERVICES
Commr. Hanson stated that Mr. Bill Horan, from Fruitland Park, has requested that the County support his efforts to have a display reflecting the names of men and women from Lake County who are currently serving or are planning to serve in the armed services. The location, cost, and design of the display were discussed in detail. It was explained that Mr. Horan would be responsible for the coordination of the project, making sure that the names are continually updated. Commr. Hanson asked Mr. Minkoff to look into an estimate of cost for the display.
Mr. Horan addressed the Board and stated his ideas for the design, location, and content of the display. He recommended that the display be placed in front of the Historical Courthouse in Tavares and to use magnetic lettering, which would be helpful when alphabetically inserting the names. He discussed his observations as members of the community stepped up and enrolled in the armed services. He thought that the display would let these folks in the armed services know that the community is behind them.
Commr. Hanson thanked Mr. Horan for everything that he has done and continues to do for the County and the Country.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved funds up to and including $500.00 to be used toward the costs associated with the design and placement of a display which sets forth the names of men and women from the County who are currently serving or are planning to serve in the armed services, and if additional funds are needed, they should be raised from throughout the community.
Commr. Hill offered her assistance in fund-raising, and Mr. Jim Stivender, Jr., Senior Director of Public Works, was asked to assist Mr. Horan in accomplishing this project.
RESOLUTIONS/ROADS - COUNTY & STATE/STATE AGENCIES
Commr. Hanson brought up for discussion a request for a resolution to support public conservation lands and justified transportation infrastructure in the County, particularly regarding SR-46 and SR-429.
Commr. Cadwell suggested the following changes to the resolution: regarding the fourth "Whereas" clause, change the words "would violate" to "would be in conflict with"; regarding the fifth "Whereas" clause, delete it from the resolution, since the accuracy of the statement could not be verified at this point; and regarding the eleventh "Whereas" clause, remove it. Regarding Sections 1 through 5, found on the backside of the resolution, Commr. Cadwell, referring particularly to Section 3, stated that Lake County does not want to be on the receiving end of a traffic problem that exists from somewhere else, but, at the same time, the County needs to keep abreast of the issues surrounding SR-46; that, eventually, something may have to be done about the road. He stated that Section 3 clarifies what the Board has been trying to accomplish.
Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve the resolution upon the incorporation of the changes as stated above.
Under discussion, Commr. Hill addressed the third "Whereas" clause, requesting clarification of its meaning. It was explained that the language contained in the clause is a generalized statement, by people who oppose tollways, and is not intended to set a precedent for rural areas.
Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, stated the opinion that Section 1 conflicts with Section 3, because Section 1 opposes the expansion of any road, i.e., SR-46, and Section 3 encourages the expansion of SR-46.
At this time, the Chairman opened the meeting for public comment.
Mr. Rich Dunkel, Mount Dora, addressed the Board stating that he did not expect the proposed resolution to be on today's agenda and that he has not had a chance to familiarize himself with it. He expressed the concern that the public has not had a chance to comment on or review the resolution and that things were being done too quickly.
Ms. Jeanne Etter, Mount Plymouth-Sorrento area, addressed the Board and stated that, having attended the Orlando-Orange County Expressway Authority (OOCEA) meeting, which happened a week or two after the September 18, 2001, Board meeting where the Board elected to terminate the Interlocal Agreement with the OOCEA, the Florida Department of Transportation (FDOT) has simply recognized that Lake County has elected to terminate this agreement, and the FDOT has now taken over consideration of the beltway link for Orlando; that the OOCEA is basically talking about the same issues that were discussed at the Board's September 18, 2001, meeting, which is a toll road in the Wekiva River Protection Area (WRPA). She reiterated the importance of protecting the WRPA. She stated that on Thursday, October 18, 2001, a group of concerned citizens was going to Tallahassee to meet with the FDOT Secretary, Mr. Tom Barry, to discuss the matter.
Ms. Jennifer McMurtray, representing Defenders of Wildlife, addressed the Board stating her opinion that the FDOT has taken on the issue of the beltway as one of their projects and is electing to continue with the road study in the WRPA. She distributed to the Board copies of a draft letter, under signature of four statewide organizations, one national organization, and four local environmental organizations, addressed to Secretary Barry, which brings to his attention issues regarding the FDOT's plans to study, build, or expand roads near and through the WRPA. She explained that the organizations are simply seeking to clarify that Lake County does not support having a beltway running through the WRPA or conservation lands further north. She emphasized that they are not trying to stop improvements to SR-46 but are trying to assure that when and if improvements are done that they are done in an environmentally sensitive manner.
Commr. Hanson clarified that the Board voted to not participate in the study and that is all they voted on; that there was not a motion to go any further than that. She emphasized that the study needs to be made; that the Board needs the facts and figures to make a decision. She stated that the decision, at that time, was the right one, due to all the emotion involved. She thought, instead, that the resolution could be addressed in a letter format.
After lengthy discussion, Commr. Cadwell withdrew his motion, and Commr. Stivender withdrew her second of the motion.
Ms. Etter again addressed the Board bringing to their attention Resolution No. 2001-42, approved March 6, 2001, which supported the purchase of acreage in the WRPA by the State.
After some discussion, it was agreed that a recess would be had during which Commr. Hanson, Mr. Minkoff, and staff would compose a letter to Secretary Tom Barry, at the FDOT, which would reflect the Board's position and concerns with regard to the WRPA; that only a letter was needed at this time and not a resolution.
RECESS AND REASSEMBLY
At 11:33 a.m., the Chairman announced that the Board would take a 15-minute recess.
REPORTS (CONTINUED)
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
RESOLUTIONS/ROADS - COUNTY & STATE/STATE AGENCIES
Commr. Hanson resumed discussions regarding the resolution to support public conservation lands and justified transportation infrastructure in Lake County. She stated that Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, has drafted a letter, which is now before the Board, and that she would have no problem in signing it. However, Commr. Hanson stated her concerns, as follows: that the County, no longer a participant in the road study, is not being kept aware of the ongoing issues or afforded the opportunity for input; that if SR-429 is extended into Lake County and then connected to SR-46, traffic problems will develop; that staff has not been afforded all the necessary information to make informed decisions for the benefit of the County and its residents; and that the interests of the small and rural communities in the area need to be protected, as well as the environment.
Commr. Cadwell made a motion, which was seconded by Commr. Stivender, that the Board approve sending the letter, as drafted by Mr. Minkoff during the break, to Secretary Barry, at the FDOT.
Under discussion, Commr. Pool stated that he thought it was important to understand that today the Board has made this statement, and there is a letter going forward, but they cannot predict the future, and there may ultimately be a need for a road study in order to understand how to best handle the current and future traffic needs. He thought it was important that the County develop a plan to protect the WRPA, and its wildlife, which would not permit development but would provide for the enhancement of transportation corridors. He stated that he supported the motion for no construction but felt that, at some point in the future, the County would need to look at opportunities and explore all options for transportation enhancements in the surrounding area.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
CONTRACTS, LEASES & AGREEMENTS/MEETINGS/MUNICIPALITIES
Commr. Hanson requested that Ms. Sharon Farrell, Senior Director of Growth Management, update the Board regarding the Evaluation and Appraisal Report (EAR).
Ms. Farrell updated the Board, as follows: that there have been some vacancies in long-range planning, so the EAR has not moved forward as quickly as planned; that they have a partial draft of the text for the Future Land Use element, which does not include revisions to the Future Land Use Map (FLUM); that they have complete drafts of the Conservation element, the Potable Water element, Sanitary/Sewer element, Economic Development element, and the Solid Waste element; that staff is working with consultants on the Transportation element, which will be done by January 1, 2002; that the biggest challenges will be working with the Geographic Information Services (GIS) department in converting the current FLUM to the GIS map, because some of the parcel layers and the parcel lines are not lining up correctly, which requires the drafting of protocols to assist in deciding where the Future Land Use line should fall; that staff will need to incorporate some of the decisions that will be made with the Joint Planning Agreements (JPAs); that staff will need to draft some language for protocols governing the suburban-to-urban or suburban-to-rural issues, which may be addressed in February 2002 but more likely in March or April 2002 because staff will be spending a lot of time with the GIS and Legal departments in order to assure themselves that transitions are being done correctly; and that it is anticipated that the Conservation, Future Land Use, Transportation, Potable Water, Sanitary/Sewer, and Economic Development elements will reflect some actual draft language changes by February 2002.
Ms. Valerie Fuchs, Assistant County Attorney, stated that she prepared a list of what was thought to be JPAs and sent it to the cities; that, due to some disagreements, the list is being reworked; and that no responses have been received to date.
Commr. Pool commented that he read the agreement options at a recent League of Cities luncheon and noted that it was not met with great fanfare; that there were some concerns; and that modifications are being worked on, based on the cities' concerns.
Commr. Hanson suggested that the County Attorney's Office send out reminders to the cities regarding the JPAs. After some discussion, Commr. Hanson asked Mr. Sanford A. Minkoff, County Attorney/Interim County Manager, to schedule another time for Mr. Lance deHaven-Smith, of deHaven-Smith & Associates, to meet with the Board in February of 2002, to further discuss the JPAs.
ANNEXATIONS/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Commr. Hanson discussed annexations, noting that the County has not typically been involved with annexations by the cities, but she thought that through the Joint Planning Agreements (JPAs) the County will have better communication with the cities regarding when the annexations are occurring. It was explained that an agreement on a framework for JPAs, between the Board and the cities, has been difficult to formulate; that the cities have taken the position that they want to see one agreement, or basic framework, to work under for all of the cities, recognizing that there will be differences in each JPA.
After some discussion, it was felt that if no agreement is reached on this issue that Mr. Lance deHaven-Smith, of deHaven-Smith & Associates, could probably help in drafting an agreement. The Board asked Mr. Minkoff to arrange to have Mr. deHaven-Smith return in January 2002, as opposed to February 2002; that it might help to get a head start.
Commr. Hanson thanked Commr. Cadwell for his efforts in this area.
OUTDOOR RECREATION
Commr. Hanson informed the Board that a trailhead was set in Mount Dora on Saturday, October 13, 2001, during the bicycle festival; that a sign has been erected; that the only thing missing is the logo for the County, which will be taken care of; and that the trailhead is located behind the Mount Dora Chamber of Commerce.
MEETINGS
Commr. Hanson reminded the Board of the State of the County address on Thursday, October 18, 2001, at 6:30 p.m., in the rotunda of the Lake County Administration Building.
ANNEXATIONS/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
(CONTINUED)
Mr. Rich Dunkel, Mount Dora, addressed the issue of annexations suggesting that, until the next meeting takes place with Mr. Lance deHaven-Smith, of deHaven-Smith & Associates, the Board at least request that the cities notify the County of proposed annexations that they are working on.
After some discussion among the Board members, the following consensus was formed: that the Board request that letters of notification be sent from the cities regarding their intentions or plans to annex and that the County, in return, exchange information with the cities.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:27 p.m.
________________________________________ CATHERINE C. HANSON, CHAIRMAN
ATTEST:
___________________________________
JAMES C. WATKINS, CLERK
KAS/BOARDMIN10-16-01/11-07-01