A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 9, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, April 9, 2002, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Catherine C. Hanson. Commr. Debbie Stivender was not present at this meeting, due to illness. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Bill Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

The Chairman noted there was an Addendum No. 1 to the Agenda, with several items.

Mr. Sandy Minkoff, County Attorney, requested that the following two items be added to the Agenda, which would require action: (1) the continuation of the award of the bids for the renovation of the First Union Bank building, in Tavares, for the Clerk of the Circuit Court; and (2) approval of a check, which exceeds the County Manager's authority of $25,000.00, as the final payment to the receiver, the appraiser, and the attorney for the receiver, in connection with the Citrus Sun Club property.

Commr. Cadwell requested that an item be added that would require a vote, with regard to the Florida Association of Counties.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved to place said items on the Agenda.

Commr. Stivender was not present at this meeting.

PUBLIC HEARING

WORKSESSION

ENVIRONMENTAL LANDS ACQUISITION AND MANAGEMENT

Mr. Greg Welstead, Deputy County Manager, addressed the Board regarding the issue of acquisition and management of environmental lands, noting that a number of counties in the State have recently approved environmental lands acquisition and management programs - eight of them last year, for a total of 21 statewide. He stated that he had provided the Board, in their backup material, with some information regarding the matter from Seminole, Alachua, Collier, and Manatee counties, which include draft ordinances, selection criteria, and a couple of news articles. He reviewed criteria that he feels an Environmental Lands Acquisition and Management Committee should use, should the Board enact such a program, as follows:

He stated that the Board needs to discuss whether land acquisition is something that they want to do and whether it is something that will be worthwhile for the citizens of the County and then they need to hold a referendum, to find out how the general public feels about it.

The Chairman opened the public hearing.

Commr. Hanson stated that the acquisition of environmental lands will not be without a cost; however, she feels there is growing support for an alternative to urban sprawl in the County and land acquisition is one of those alternatives. She stated that it is a win/win situation, because it can be a growth management tool, noting that it can be included in the County's Comprehensive Plan and strategic properties could be purchased that would help with growth management. She stated that, if the plan succeeds, it can help shape what Lake County will become 30 to 50 years from now. She stated that it can have a very significant and positive impact on the quality of life in Lake County.

Commr. Cadwell stated that he did not want to close the door on the issue of land acquisition, however, noted that there are other things that people feel are just as important that the County does not have a funding source for.

Commr. Hanson stated that it was her understanding that the Lake County Water Authority was backing off of land purchases and focusing more on water quality.

Mr. Gene Molnar, Lake County Water Authority, addressed the Board and displayed a map of Lake County, which he reviewed with the Board, noting that 22% of the land in the County, or 164,000 acres, is publicly owned.. He stated that he was trying to figure out how much land the Water Authority should have, where it should be, what they already own, and whether there should be partnerships, noting that he was big on partnerships. He stated that he did not feel the Water Authority should buy even one acre without the County or the St. Johns River Water Management District being involved.

Commr. Pool stated that the Board needs facts and figures and then they need to ask the public for their participation and approval.

Commr. Hill stated that she met with the Lake County Agricultural Advisory Committee and their concern about creating an Environmental Lands Acquisition and Management Committee is that it will only address acquisition. She stated that they feel conservation easements would be a better approach, at which time she submitted, for the record, a letter from the Agricultural Advisory Committee, in which they state that a recommendation was made, voted on, and passed that conservation easements be made a high priority of the growth management plan. She noted that they would like to be involved in the process, as well.

Commr. Cadwell stated that he felt it was not unrealistic to have 25 to 30 people on the committee, noting that, if the County is going to make it work, everyone needs to be at the table.

Commr. Pool questioned the County Attorney about the "blue law".

Mr. Sandy Minkoff, County Attorney, stated that there is a statute that allows vacant property to be assessed in a "blue law" state at a reduced assessment, however, noted that no property owner has taken advantage of it, because there is a recapture provision that, if one changes one's mind, said individual will have to pay back the taxes, plus interest. He stated that often times it is easier for people to get an agricultural exemption, where there is no recapture, than it is the "blue law" exemption.

Ms. Terri Godts, a resident of Groveland, addressed the Board stating that she has been researching the issue of land acquisition for some time and could give the Board a lot of the information they are looking for. She stated that there are several Central Florida counties that have such programs, such as Seminole, Volusia, Brevard, and Polk, which are referendum based and ad valorem tax funded. She stated that the counties have successfully run these programs, noting that they partnered with other organizations to double and triple their buying power. She stated that they are very popular with the voters. She stated that she was representing a loosely formed coalition of environmental groups and individuals who support the establishment of a land acquisition program in Lake County. She stated that their goal is to encourage Lake County to acquire land, in order to protect natural resources that are unique to the County, such as environmentally sensitive lands, historical and culturally significant sites, and areas for environmental education, with the ultimate goal of improving the quality of life for all Lake County citizens and visitors to the County, by providing public access to such resources. She stated that, to accomplish this goal, they would recommend using the examples that other counties have set and establish a dedicated funding source. She asked that a county staff person be appointed to work with her group, to develop and implement the program, and, ultimately, to identify the kinds of lands to be acquired, with a particular warning against identifying specific parcels. She stated that management has been a problem again and again with land acquisition and, in order to provide public access, management is essential. She stated that the cost of management is calculated to be from $17 to $75 per acre, per year, with an average of $33 per acre, per year. She stated that one method of handling the issue of management is to take some money from the general acquisition fund and set it aside in a trust fund, using the interest from it to pay for management in the years following acquisition.

Ms. Godts thanked the Board for considering land acquisition, noting that it is a win/win situation. She stated that green space is good for wildlife, wetlands, and water recharge; it enhances surrounding property values, because people find it very desirable to live near natural areas; it is good for attracting visitors to the County for outdoor recreation, weekend retreats, eco-tourism type activities; and for Lake County citizens, for outdoor family activities, such as hiking, biking, birding, boating, etc., and she noted that people take pride in a community where natural beauty is preserved. She stated that land acquisition programs are very popular with citizens in other counties and she feels that it could be in Lake County, as well.

Mr. Richard Dunkel, a resident of Mt. Dora, addressed the Board stating that he was representing Trail Friends, who recently started passing out a publication called Parks and Economic Development. He stated that most, if not all, of the Commissions have received them, as well as some staff members and they have proven to be very popular and very informative. He stated that, on a national level, it shows that parks and open space pay for themselves in the increased tax value of the adjoining lands, so it ends up not being a net cost to the taxpayers and the County, but actually increases the tax value, which he noted goes on, even after one pays for the initial cost of the land. He stated that it will help recruit new tourists, new businesses, active retirees, etc. He stated that it cost less for services for parks and open space than it does if the land is developed as residential, so it is a win/win/win situation. He noted that more copies of the publication he alluded to will be made available to the County.

Ms. Peggy Cox, a resident of south Lake County, President of the Orange Audubon Society, and a member of Audubon of Florida, addressed the Board stating that she was present representing Audubon of Florida and one of their conservation priorities is land acquisition and protection throughout the State. She stated that they have available to them, through the State, through the CARL program, priority listings of environmentally sensitive lands that protect species and water resources, of which there are quite a few sites, some in Lake County and some in other parts of Central Florida, that connect to other sites, so there are partnership opportunities available with the Acquisition and Restoration Council, which administers the CARL program with Florida Forever funds, with the St. Johns River Water Management District, to help protect species and bird habitat and by connecting certain wildlife areas, which provide wildlife corridors. She stated that, in most cases, these areas have limited public recreation value for passive recreation for bird watching, hiking, bike trails, etc. She stated that they very much hope Lake County will be able to institute a program such as this one, because they feel it will enhance Lake County and the protection of species, water resources, and special lands.

Mr. Glenn Burns, a resident of the County, addressed the Board and discussed some concerns he had about the Florida Forever Fund and the fact that he feels the State is funding its land acquisition programs with money it receives from the County from the taxes that are paid on documentary stamps. He stated that Lake County pays more than its fair share of said taxes and other county and city governments are taking that money and using it to fund up to 60% of their land acquisition programs. He stated that the County is not using its money to the best advantage, if it is letting other local and county governments take its money and spend it on properties in their jurisdictions.

Ms. Nadine Foley, a resident of Umatilla and Board Supervisor with the Lake Soil and Water Conservation District, addressed the Board stating that she feels they are on the right track and she was very happy to see them taking this step. She stated that the Farm Land Protection Program will pay 50% of the costs involved with the purchase of conservation easements and noted that there are other Federal programs that landowners can apply for to help them keep maintaining their land. She stated that the Board has the complete support of the Lake Soil and Water Conservation District in this endeavor, as well. She stated that she feels, when the Environmental Lands Acquisition and Maintenance Committee is formed and meets, it is important that they include water supply in the mix, which she elaborated on. She stated that, whatever the Board does, they need to keep in mind that Lake County is a recharge area for a lot of the water users to the east of the County and put that into the mix of the planning. She stated that she endorsed what the Board is trying to do and would be glad to work with them in any way she can.

Ms. Barbara Howell, a resident of Eustis, addressed the Board stating that she has multiple affiliations, but was speaking for herself this date. She stated that she felt the idea of creating a committee to address land acquisition was wonderful and was glad to see that the Board was taking ideas and gathering facts from other counties and cities, but hoped they realized that time is of the essence, noting that Orlando is knocking on the County's door and, if the Board wants to preserve the rural character of the County, it needs to act quickly. She stated that the issue of conservation easements needs to be brought to the attention of some of the County's farmers and nursery owners, because they probably do not know that it is available. She stated that the Board needs to decide what they want the County to look like and it needs to realize that the County is not in a vacuum. She stated that she hopes the public is made aware of what the Board is doing, because it is a very positive step.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Pool requested staff to get back to the Board with some ideas on how other counties have handled land acquisitions. He stated that he felt the Committee and/or staff would recommend that the citizens of the County have an opportunity to participate in the discussions, especially when there are tax dollars involved.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board directed staff to draft a Resolution creating a committee consisting of up to 25 members of the community, for the purpose of analyzing the County's resources and needs, to develop a plan to deal with its natural lands, and to look at alternatives for purchasing said lands for development rights, TDRs, etc., and, once the plan is developed, to recommend a funding source, using leverage and partnerships with other agencies, and that said Resolution be brought back to the Board as soon as possible.

Commr. Stivender was not present at this meeting.

RECESS AND REASSEMBLY

At 10:00 a.m., the Chairman announced that the Board would recess until 10:10 a.m.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Accounts Allowed/Budget and Administrative Services-Budget/Budget Transfers

Supervisor of Elections



Request from Budget and Administrative Services - Budget for approval of budget transfer from Contingency - General Fund to Constitutional Officers - Supervisor of Elections, Rental and Leases, in the amount of $7,350.00, which is needed to cover the cost of leasing rental space to store the County's new voting equipment.





Affordable Housing/Committees/Community Services/Impact Fees



Request from Community Services for approval to grant Osprey Property Group, LLC a deferral for payment of impact fees, pursuant to Chapter 15.00.003, for up to a 24-month period, as recommended by the Lake County Affordable Housing Advisory Committee.



Commr. Stivender was not present at this meeting.



PUBLIC HEARING

MID-YEAR BUDGET ADJUSTMENT

BUDGETS/RESOLUTIONS

Mr. Bill Neron, County Manager, informed the Board that it was that time in the process where staff brings them the mid-year budget adjustment. He stated that the County just received its audit report from the auditors, which allows staff to do the final balancing on the previous fiscal year and make those needed adjustments, to reflect the final year end audited numbers. He stated that the mid-year report reflects the audited fund balances, which resulted from the external audit and accounts for the rebudgets and other adjustments that the County is required to do, as well as brings the budget document up to date, with regard to the General Fund and other funds, concerning additional revenues, decreases in revenues, and/or increased expenses in the various funds. He noted that the report was distributed to the Board, for their perusal, prior to this meeting.

The Chairman opened the public hearing.

Commr. Cadwell stated that the Transportation Disadvantaged Fund was not going to solve some of the problems that are currently present in the County, but it would keep the service in business.

Mr. Bill Neron, County Manager, interjected that it will keep the service in business at a reduced level, with the trips now being prioritized, as to the greatest need. He stated that it does not completely resolve the situation, however, noted that county staff is meeting with Lifestream's staff and the Florida Department of Transportation and will be coming back to the Board within the next two to four weeks with some added information on the matter and a better feel for what the County can do. He stated that it is a very popular program that has outstripped the available funding sources. He stated that the County is adding some additional revenue, to get the program over the hump, to fill out the fiscal year and then staff wants to make sure that everything is in place, as the County begins its new fiscal year, to make sure that the County can fund the program at the absolute highest level, within the available funds that the Board can make.

Commr. Pool stated that he had received a letter from Mr. Scott Strong, a member of the Lake County School Board, asking what it would take, financially, to continue to fund this program, noting that he felt the County might want to take a look at the different hospital foundations as an area to request some grant dollars, as a funding source, to continue the program.

Mr. Neron stated that he drafted a letter to Mr. Strong, which the Board had been copied on, in response to his letter, stating that the current budget, without the amendment, funded the program at approximately $30,000.00 per month, however, noted that the service that has actually been provided has been in the $45,000.00 to $50,000.00 per month range. He stated that the County is appropriating an additional $200,000.00 in the budget adjustment before the Board this date to get the program to the $550,000 level, and, even with that, the County is having to curtail some of the services. He stated that staff will be able to answer that question in the next two to four weeks. He stated that the County is probably looking at the $600,000.00 to $800,000.00 range, depending on whether or not it can get additional funds from other sources. He stated that staff is looking at every possible alternative realizing that, for many of the County's elderly, this is their only mode of transportation.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2002-50, adopting a supplemental budget for Fiscal Year 2002.

Commr. Stivender was not present at this meeting.

Commr. Pool thanked Ms. Sarah LaMarche, Senior Director, Budget and Administrative Services, and her team for all their hard work, noting that they had done a fantastic job.

Mr. Neron concurred and thanked the Clerk's Finance Office, as well, noting that they were very instrumental in helping the County with the mid-year budget adjustments.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

SUPERVISOR OF ELECTIONS/CONTRACTS, LEASES AND AGREEMENTS

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was a request from the Supervisor of Elections, Ms. Emogene Stegall, for an additional 2,500 square feet of storage space that has become available adjacent to what she has been leasing on Old Hwy. 441, in the Golden Triangle Shopping Center. He stated that she needs the additional space for storage of the County's new voting equipment and has asked that the Board approve the request.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Lease Agreement between Lake County and Moore Properties, for property located at 2719 West Old Highway 441, Mount Dora - Golden Triangle Shopping Center, for the Supervisor of Elections, for storage of the County's new voting equipment, in the amount of $7,350.00.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/BIDS/CLERK/COUNTY PROPERTY

Mr. Sandy Minkoff, County Attorney, explained this request, stating that the Board received a recommendation from Public Works at the last Board Meeting to award the bids for the renovation of the Clerk of the Courts Record Center to Aagaard-McNary Construction, Inc., and to authorize the re-roofing of the Center to Marion/Service Roofing and Sheet Metal Company, Inc. He stated that a bid protest was filed, which was referred to Mr. Jimmy Crawford, an attorney in Clermont, as Special Master. He stated that he had furnished the Board with a copy of Mr. Crawford's recommendation, which is that Lake County enter an Order of Finding that the Harris bid was non-responsive and to accept the second lowest bid of Aagaard-McNary Construction, Inc., as recommended by County staff. He stated that the facts of the case are that staff recommended discarding the low bid, which was approximately $25,000.00 low, because one of the Addendums was not turned in, which had a deduct, which could have given them an advantage economically over the other bidders. He stated that, from a legal and procurement perspective, he was recommending that the original item be awarded to Aagaard-McNary Construction, Inc. and Marion/Service Roofing and Sheet Metal Company, Inc.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for authorization to award the Renovation of the Clerk of the Courts Record Center, Bid No. 02-056, to Aagaard-McNary Construction, Inc., in the amount of $774,800.00, and to encumber and expend $774,800.00 from the Infrastructure Sales Tax Fund; and authorization to award re-roofing of the Clerk of the Courts Record Center, Bid No. 02-004, to Marion/Service Roofing and Sheet Metal Company, Inc., and to encumber and expend $130,034.00 from the Infrastructure Sales Tax Fund.

Commr. Stivender was not present at this meeting.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AGAINST THE COUNTY

Mr. Sandy Minkoff, County Attorney, explained this request, stating that the Board approved the final sale of the Citrus Sun Club property, and, as part of the Final Court Order in that case, which authorized the property to be transferred to the County, the expenses of the receiver, the appraiser, and the receiver's attorney were authorized to be paid by the County. He stated that the remaining balance of those expenses were $26,897.40, which is greater than the County Manager's authority to issue the check, thus, the reason for the request. He stated that staff was requesting authorization to issue a check to Mr. Tom Grizzard, as the receiver, in that amount.

A motion was made by Commr. Hanson and seconded by Commr. Cadwell to approve a request from the County Attorney for approval to pay the balance of the expenses of the receiver, the appraiser, and the receiver's attorney, in the amount of $26,897.40, to Tom Grizzard, as the receiver, with regard to the Citrus Sun Club property.

Under discussion, Commr. Cadwell stated that the project was a long time coming and he appreciated the part that Mr. Minkoff played in it.

Mr. Minkoff stated that the Lake County Tax Collector, Mr. Bob McKee, worked very hard on this case, noting that it was a troubled property, however, it is now back on the tax roll and the County has recovered substantially all the back taxes.

Mr. Bill Neron, County Manager, interjected that Ms. Ava Kronz, Director of Continuous Quality Improvement, played a big role in the case, as well.

Commr. Cadwell suggested that the Chairman write a letter to Mr. Bob McKee, Lake County Tax Collector, and Ms. Ava Kronz, thanking them for their efforts in this matter, on behalf of the citizens of Lake County.

The Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.

Commr. Stivender was not present at this meeting.

REPORTS

COMMISSIONER CADWELL - DISTRICT 5

COMMITTEES/COMMISSIONERS

Commr. Cadwell informed the Board that he has served on the Florida Association of Counties' Board of Directors for approximately six years and would like to seek an office with the Association; however, the bylaws require that a commissioner qualifying to run for office needs a Letter of Support from the Board. He requested the Board to approve such a letter.

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved for a Letter of Support to be written from the Board for Commr. Cadwell to run for office with the Florida Association of Counties.

Commr. Stivender was not present at this meeting.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Richard Dunkel, a resident of Mt. Dora, addressed the Board stating that Trail Friends and Lake County Rails to Trails are putting together a T-shirt, which will have a graphic on the front of Lake Apopka and all the cities and counties in the loop, with the wording "Get In The Loop". He stated that it will list all the cities, counties, agencies, and departments involved in the project, as well. He stated that the T-shirt will be used to raise public awareness about Lake Apopka, which they hope will become a project of statewide significance. He requested $100.00 from the County toward the project, at which time the Chairman suggested that each commissioner contribute $20.00, which would give Mr. Dunkel the $100.00 that he was requesting. It was the consensus of the Board to do so.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

STATE AGENCIES

Commr. Pool stated that he would like to thank the St. Johns River Water Management District for their overview of the Upper Oklawaha River Basin, noting that they presented a nice program at the Mission Inn on April 4, 2002, regarding the Basin. He stated that they had a nice turn out of citizens concerned about how the Upper Oklawaha River Basin is going to be handled.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

STATE AGENCIES

Commr. Pool informed the Board that he had mentioned a possible partnership with the St. Johns River Water Management District (SJRWMD), with regard to a program that will ensure that the faucets, toilets, and shower heads in older homes in Lake County and the Central Florida area are retrofitted. He stated that the County could possibly fund the program, along with the Lake County Water Authority and the SJRWMD. He stated that it is a conservation program and encouraged the Board to consider participating in it. He stated that the Orlando Utilities Commission (OUC) currently provides such a program, where they will give homeowners three lavatory faucet adjustments, which takes the water usage from four gallons per minute down to one gallon per minute; they provide two items that fit into the toilet tanks, to reduce the amount of water needed to flush the toilets; and two shower heads. He stated that the cost of the kit is $3.85, which he feels is a very good bargain.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

FAIRGROUNDS

Commr. Pool encouraged everyone to attend the Lake County Fair, noting that they do a fine job and need the support of the general public.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

REPORTS/SHERIFF'S OFFICE

Commr. Pool congratulated Sheriff George Knupp on the Uniform Crime Report that he received from the Florida Department of Law Enforcement, indicating that crime has decreased in Lake County. He stated that the Sheriff and his staff deserve a lot of recognition and credit and everyone should be proud of what is going on in the County, with regard to law enforcement.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

MISCELLANEOUS

Commr. Pool stated that the National Junior College Athletic Association (NJCAA) has announced that south Lake County and Clermont will be hosting their women's softball tournaments for the next few years. He stated that it is a feather in the County's cap, for what takes place, with regard to recreation and health conscious communities, and that he felt Clermont should be applauded for it and that it was important that the County recognize that fact and do its part to participate and help.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:40 a.m.

________________________________ ROBERT A. POOL, CHAIRMAN

ATTEST:



________________________________

JAMES C. WATKINS, CLERK

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