The Lake County Board of County Commissioners met in regular session on Tuesday, June 4, 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; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, stated that the Board has an addendum to the agenda, with five consent items, and he would like to pull Tab 12 regarding the final plat for Silver Creek Subdivision from the regular agenda, which will be brought back to the Board at a later time.
Commr. Hanson stated that she would like to pull Tab 5 regarding the Recycling Resolution for comment and a separate motion.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 7, 2002, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 14, 2002, Regular Meeting, as presented.
Commr. Pool recognized two elected officials who were present in the audience, Mr. Leo Vaughn, City of Tavares, and Mr. Scott Strong, Lake County School Board.
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 7, as follows:
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Request to approve Contractor Bonds, New and Riders, as follows:
1638-02 Victor L. Fugate/Schmidt Electric of Central Florida Inc. (electrical)
5930-02 Water Wizard Irrigation, Inc. (excavating, landscaping)
5934-02 Jerome Zebrowsky d.b.a. Southern Landscaping & Irrigation Systems, Inc.
5935-02 Eric Jessop d.b.a. Jessop Homes (building)
5936-02 JB Landscape & Irrigation Maintenance
5937-02 Ronald M. Newberg d.b.a. Newberg Irrigation, Inc.
5938-02 Bruce Mayberry
5919-02 Michael Lepera d.b.a. Mike's Maintenance - amended as follows:
Contractor, Michael Lepera, as principal, of company name Tropical Maintenance, Inc. d.b.a. Mike's Maintenance
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending April 30, 2002.
Disbursements due to Board: $133,320.78
Same period last year: $146,581.55
Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:
Ordinance No. 2002-02 - Redesignating Zoning Classification for Property Located Within the Town Limits of The Town of Lady Lake, as described, passed and ordained the 1st day of April, 2002.
Ordinance No. 2002-03 - Adopting a Development Agreement - Storm and Susan Kern - development known as Sunshine Mobile Home Park, as described, passed and ordained the 1st day of April, 2002, by the Town Commission of the Town of Lady Lake, Florida.
Request to acknowledge receipt of the Town of Lady Lake Ordinance No. 2002-04 relating to a proposed amendment to the Town Charter amending the term of office for members of the Town Commission, which was adopted te 6th day of May, 2002.
Budgets/Community Development Districts
Request to acknowledge receipt of the Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 2003.
Request for approval and signatures authorization on the Release of Fine, which fully releases and discharges Jack Harris, Jr. from Order of Fine, in the amount of $5,399.00 dated March 27, 2000 and recorded in OR Book 1807, Pages 1455 and 1456 of the Public Records of the Clerk of Circuit Court of Lake County, Florida, on March 29, 2000.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 12, pulling Tab 12, which will be brought back to the Board at a later time, and pulling Tab 5 for further comment; and Addendum No. 1, I. A. and B., for the following requests:
Accounts Allowed/Budget Transfers
Request from Budget and Administrative Services for a budget transfer from Contractual Services to Budget & Administrative Services, Professional Services in the amount of $190,000.00. County Finance has determined that aerial photography should be paid from Professional Services. Funds were budgeted in Contractual Services.
Accounts Allowed/Budget Transfers
Request from Budget and Administrative Services for a budget transfer from Reserve for Operations to Non-Departmental, Aids to Private Organizations in the amount of $20,000.00. Funds needed for financial support for The Family Crisis Center, Inc., per discussion of Board of County Commissioners on February 19, 2002.
Accounts Allowed/Budget Transfers/Bids/Clerk
Request from Budget and Administrative Services for a budget transfer from Special Reserve to Public Works, Buildings in the amount of $337,753.00. Bids for the Clerk's Records Center project were awarded at the April 9, 2002 BCC meeting. Project costs were approved for $1,387,753.00. The former estimation of the project was $1,050,000.00. The increase of $337,753.00 must be transferred to this project budget.
Accounts Allowed/Sheriff's Department
Request from Budget and Administrative Services for a budget transfer from Contingency - Sheriff to Constitutional Offices/Sheriff in the amount of $10,000.00. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer in the amount of $10,000.00 from Contingency - Sheriff to the Law Enforcement Operating account.
Request from Budget and Administrative Services for approval of Check Request (Direct Pay) for financial support for The Family Crisis Center, Inc., per discussion of the Board of County Commissioners on February 19, 2002 in the amount of $20,000.00.
Accounts Allowed/Grants/Contracts, Leases & Agreements
Request from Budget and Administrative Services for approval and ratification of signature on the Grant-In-Aid Agreement in the amount of $69,793.90 for the State appropriation for child dependency for Lake County.
Request from Procurement Services for approval and authorization to award RFP 02-071, for Location of Global Positioning Satellite (GPS) County Maintained Road Signs, encumber funds in the amount of $36,860.00 and authorize continuing contracts, subject to County Attorney approval to Southeastern Surveying & Mapping Corporation.
Accounts Allowed/Health Department/Libraries
Request from Community Services for approval of Memorandum of Understanding between Lake County and the Lake County Health Department for the provision of courier service to the libraries in the amount of $2,100.00 for FY 2001/2002 and $5,040.00 for FY 2002/2003 and authorization for the County Manager to sign the Memorandum
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to execute change order #2 in the amount of $4,295.00 to extend two existing concrete pipe culverts relating to the #5229 Silver Lake Drive Widening and Resurfacing Project No. 2002-06.
Accounts Allowed/Contracts, Leases & Agreements/Bonds/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Pennbrooke Phase 2N, all areas dedicated to the public as shown on the Pennbrooke Phase 2N plat, a Developer's Agreement for Construction of Improvements between Lake County and Leisure Communities, Ltd., and a Performance Bond in the amount of $144,102.97. Subdivision consists of 107 lots - Commission District 1.
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State/Resolutions
Request from Public Works for approval and authorization to accept the final plat for Indian Fields, all areas dedicated to the public as shown on the Indian Fields plat, a Letter of Credit for Maintenance in the amount of $9,550.00, and execute a Developer's Agreement for Construction of Improvements between Lake County and Indian Fields Trust and Resolution 2002-84 accepting Cayo Costa Court (County Road Number 0837C) into the County road maintenance system. Subdivision consists of 25 lots - Commission District 2.
Request from Public Works for approval and authorization to accept the final plat for Southernaire Plantation Phase One and all areas dedicated to the public as shown on the Southernaire Plantation Phase One plat. Subdivision consists of 10 lots - Commission District 4.
ADDENDUM NO. 1
Accounts Allowed/Assessments/Contracts, Leases & Agreements/Fire & Rescue
Request from Budget & Administrative Services for approval for the Customer Service Agreement from Advanced Xerographics Imaging Systems, Inc. (AXIS) for the Fire and Rescue Assessment Notices in the amount of $35,000.00.
Accounts Allowed/Impact Fees/Resolutions/Roads-County & States
Request from Budget & Administrative Services for approval of Resolution 2002-85 to amend the Road Impact Fees Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $511,739.00 from Impact Fees - District 2 and to provide appropriations for the disbursement for impact fees - District 2.
Contracts, Leases & Agreements
Request from Procurement Services for approval and authorization to award RFP 02-053, encumber funds and authorize a continuing contract, subject to the County Attorney's approval to Rispoli-Sosa Architecture, Inc. (negotiation with the second firm has not been completed to date).
Accounts Allowed/Risk Management
Request from Risk Management for approval of an offer to settle Don A. Guyot's claim for bodily injury, subject to the County Attorney's review and approval, in the amount of $12,500.00.
Request from Public Works for approval and authorization to accept the final plat for Plantation at Leesburg, Rosedown Village (Pod FF) and all areas dedicated to the public as shown on the Plantation at Leesburg, Rosedown Village (Pod FF) plat. Subdivision consists of 55 lots - Commission District 3.
Commr. Hanson stated that she appreciated the County Manager bringing forward the Recycling Resolution.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Procurement Services for approval of Recycling Resolution 2002-83 supporting Lake County's efforts in the procurement of recycled products.
Commr. Pool presented the following employee awards, as Mr. Michael Milanowski, Director of Human Resources, introduced each employee:
Presentation of Award to Employee with Five Years of Service
Brenda E. Quattlebaum, Executive Management Associate, County Manager
Presentation of Award to Employees with Fifteen Years of Service
April C. Perrigo-Hoover, Deputy Fire Chief, Public Safety/Fire Rescue
Steven M. Lee, Assistant Area Maintenance Supervisor, Public Works/Road Operations/Maintenance Area III (not present)
Presentation of Plaque to Retiring Employee with Thirteen Years and Nine Months of Service
Robert L. Book, Senior CAD Technician, Public Works/Engineering (not present)
PRESENTATION OF PLAQUES
Commr. Pool recognized the following individuals for their service on County boards and/or committees and presented plaques and/or certificates:
Affordable Housing Advisory Committee
Lee Hokr for service from 1992-2001
Bicycle/Pedestrian Advisory Committee
Fred Sommer for service from 1996-2002
Comprehensive Health Care Committee
Tully Patrowicz, M.D. for service from 1995-2002
( Dr. Patrowicz presented a few brief comments.)
PRESENTATION OF CERTIFICATES
Bicycle/Pedestrian Advisory Committee
Robert Hegg for service from 2000-2002 (not present)
James Kline for service from 1999-2002 (not present)
Citizens' Commission for Children
Richard Jones for service from 2001-2002
Trella Mott for service from 1998-2002
Cultural Affairs Council
Elmer James for service from 2001-2002 (not present)
Historical Museum Advisory Committee
Elizabeth "Betsy" Reed for service from 2000-2002 (not present)
Impact Fee Evaluation and Review Committee
Leo Vaughn for service from 1998-2002
Library Advisory Board
Forrest (Woody) Boyd for service from 2000-2002 (not present)
Parks and Recreation Advisory Board
Judith Fabiszak Christie for service from 1999-2002
Commr. Stivender read Resolution 2002-78, dated June 4, 2002., into the record and recognized the players that were present at this time. The Resolution recognized the Lake County Lakers of the Lake Basketball Association as AAU State Champions for 12 and under.
Commr. Pool read Resolution 2002-74, which was approved by the Board on May 21, 2002, into the record and presented it to Mr. Howard Stockton who took the opportunity to present brief comments about the regional efforts being made by the chambers of commerce. The Resolution recognized the Chambers of Commerce of Lake County, Florida designating June 2 through 8, 2002 as "Chamber of Commerce Week" in Lake County.
DROUGHT TOLERANT GRASS - EMPIRE ZOYSIA BY JIM GRANGER, LAKE JEM FARMS AND JOEL LANE, SOD SOLUTIONS
Mr. Jim Granger, Lake Jem Farms Inc., thanked the Board for giving him the opportunity to discuss the "grass of the future". Mr. Granger introduced Mr. Joel Lane, Sod Solutions, who would be making the presentation.
Mr. Joel Lane, Field Representative, Sod Solutions, addressed the Board and presented a brief overview of Sod Solutions noting that they are a proprietary turfgrass company located in Charleston, South Carolina. He explained that Sod Solutions licenses different producers, such as Lake Jem, to grow their grasses, since they only develop and market them. He noted that the Board had before them backup material, which consisted of a booklet entitled "Water Right" and a copy of his power point program.
Mr. Lane explained that they, along with many other organizations, are working to educate the public and government officials about ideas that address environmental issues and that agriculture is not an enemy. He stated that Sod Solutions is working on a proposal with the University of Florida and, hopefully, in the near future, the study will be published. Mr. Lane stated that Sod Solutions' goal is to improve all aspects of turfgrass performance and aesthetics in an environmentally sound manner, but it does take time.
Mr. Lane stated that there are benefits of turfgrass in the landscape. He reviewed the environmental benefits, economic benefits, aesthetic and recreational benefits and stated that he wanted to address the insignificant nitrogen runoff and leaching issue. He stated that a study was recently concluded at the Fort Lauderdale Research Center where they found that, when using floratam St. Augustine, the amount of nitrogen runoff in an average Florida lawn contributes less nitrogen into the water system than the average rainfall. He stated that it is really insignificant and really acts as a filter, and there is data available. He stated that, in putting it all together, responsible landscape management should maximize benefits to the environment, benefits to society, and conservation of limited resources.
Mr. Lane stated that he wanted to discuss Empire Zoysia, which is one of their proprietary turfgrasses, and a natural selection out of Brazil. He stated that aesthetically it has a great color and, in comparing it to floratam, they feel it may have some advantages, as far as drought tolerance and other things. At this time, he gave a brief description of Empire Zoysia, in terms of color and size, and discussed its tolerance level in relation to drought, insects and weeds. He also discussed the installation and maintenance of it. In closing, he noted that the Empire Zoysia requires low maintenance which equals reduced costs; the aesthetics are not sacrificed; it was developed for Florida; and there are proven production programs.
Commr. Pool stated that it was a truly indepth detailed bit of information, and there are turf varieties that will be drought tolerant, use less water, use less fertilizer, need to be mowed less and, while this is not something that he is promoting, he thinks that information can be powerful, in terms of education.
Commr. Hill addressed the issue of test areas and questioned whether these areas include ballfields or sports complexes.
Mr. Lane explained that they have some golf courses that use the grass and stated that he did feel that it could be used for such fields and complexes, because of its growth rate. In terms of costs, he stated that it would be more than the cost of bermuda and floratam, but he stressed that Sod Solutions does not control price.
Commr. Pool stated that he had asked about the payback time, and Sod Solutions had indicated to him that, if they should install this particular grass versus the others, they thought that a 20 month period would be the payback time. Also it can come back and recover from a drought state. It was noted that a comparative study was done at The Villages. Commr. Pool extended his appreciation to Mr. Lane for his report and stated that he appreciates agriculture doing its part, and the farmers doing their part, to provide alternative solutions to some of their problems.
PRESENTATION OF MARCH OF DIMES AWARDS
Ms. Kelly Pisciotta, March of Dimes WalkAmerica Chair, addressed the Board and stated that, in 2001, the Lake County employees raised approximately $6,600.00. This year they raised over $11,000.00 and put the County into the third place team overall for the County, and she personally wanted to thank the Board, and the employees, for their support. At this time, she presented the Thank You Plaque to the Board of County Commissioners for being a WalkAmerica Team in this year's March of Dimes Fund-raising Event; the Golden Boot Award to the Board of County Commissioners for Lake County Employees raising more than $10,000 in this year's March of Dimes Fund-raising Event; and the March of Dimes Team Captain Awards to Debbie Tinis and Gabriele Stafford and noted that this was the second year in a row that they have been the Team Captains for the Board of County Commissioners.
Ms. Edith Orsini, Executive Director, North Central Florida Health Planning Council, addressed the Board to make a presentation on community awareness. Ms. Orsini reminded the Board that they serve a 16 county area.
Ms. Orsini stated that Healthy Kids has been a program that she has been talking about in the counties for more than three years, and the need to eliminate the local match. Ms. Orsini was happy to report to the Board today that the Florida Legislature has heard their message and, effective this year, the local match has been redefined so that the only local match that they need to raise, which will be approximately $7 million for the State, will be for non-Title 21 children. Those children, by federal law, are not allowed to receive these services, but as a State, they decided that, just because the federal government determined them not to be eligible, the funds for those children will continue to be collected. As soon as she has the actual information available, she will share that with the Board to let them know the impact within the County. As of January 1, the County had 2,347 children enrolled in that program, and she reminded the Board that this program provides health insurance to children in the community at a cost of $15 per month. The remainder of the premium cost is born by the federal government and the State of Florida.
Ms. Orsini stated that she would like to discuss the Certificate of Need (CON) Workgroup and noted that she had presented the Board with the recommendations from that group. She stated that, for the past two years, the Florida Legislature has been looking at eliminating this program throughout the State of Florida. She does believe that the program needs to be modified, but her primary concern has to do with hospitals. Over the last few years in the United States, there has been a new development within hospitals called "boutique" hospitals, which are specialty hospitals that are private facilities, and they put a tremendous impact on the community hospitals. She explained that all hospitals have to make some amount of money to ensure that they have services available to residents who do not have medical insurance for themselves. If the State of Florida eliminated the CON process, it is possible that those profitable cost centers could create their own facility within the community and limit the capability of the community hospitals to continue to flourish.
Ms. Orsini stated that her next concern has to do with nursing homes. She explained that nursing homes in the State of Florida are controlled; the number of beds are determined by the State of Florida, by a formula. Ms. Orsini stated that there is a reason that she believes that this industry needs to continue to be monitored. She stated that about 66% of all nursing home beds are medicaid beds in our district, which means that the County is contributing towards the number of beds that it has in it. Recently the discussion at the legislative level has been to increase the amount of funding that each county should contribute towards that bed. Under the special session, and during the regular session, it was brought up that the cost to counties should increase from the current rate of $55 per bed to somewhere between $150 and $365 per bed. Ms. Orsini stated that she feels that this is something that the Board needs to monitor closely. She feels it is a way for them to transfer responsibility to the county government, and she wanted to caution the Board.
Ms. Orsini stated that she would like to discuss elder pharmaceuticals, and she has provided the Board with information in their packet about a program called Pfizer Share Card, and the County's elder residents can find out about this program by calling a toll free number (1-800-717-6005). It is for residents over the age of 65 who are enrolled in medicare who do not have a drug prescription program under their medicare program; who have a gross income of less than $18,000 a year for one person, and $24,000 a year for couples. There is a drug list that Pfizer has maintained and, if their drug appears on that list, they will pay $15 a month to receive that drug. Ms. Orsini stated that another program is the LillyAnswers Card, which also has a toll free number (1-877-795-4559), and it is for U.S. citizens enrolled in medicare, or for people with disabilities. Their cost is $12 per month, and the income levels are the same.
The next program Ms. Orsini wanted to address was the Medically Needy program, and Ms. Orsini was happy to report that the State of Florida implemented the program and maintained it as it was, however, they did cut seniors. Under medicaid, there is criteria and, for seniors, it is at 90% of poverty, which is 10% lower than other programs. On July 1, the Florida Legislature cut that to 88%. There is a potential impact throughout the State according to the Florida Legislature; between 6,000 and 12,000 elderly who were previously receiving benefits will no longer be eligible as of July 1.
Ms. Orsini addressed the programmatic area and stated that the NCFHPC continues to bring service dollars into the community. She stated that, through the Healthy Start Coalition, they bring $300,000 into Lake County, which goes to the Health Department, and those dollars are used to provide prenatal care and healthy start services to women. During the past year approximately 800 women received over 8,000 services in that program, and slightly more than 800 infants received more than 4,500 services from that program. The other program that they bring to the community is the Ryan White Title II funds to assist persons living with HIV AIDS and, if they are having housing difficulties, they also assist them. They provided almost 80 people with services in the community last year and provided more than 5,000 services to them. They provided housing assistance to almost 30 people and provided about 100 services to them.
Commr. Hanson questioned whether Ms. Orsini feels that there are more opportunities for grants than the County is taking advantage of at this time.
Ms. Orsini stated that there are considerable amount of grants available. One of the components in grants today has to do with working collaboratively. Not only do they want you to apply for a grant, but they want to know that the health department and hospitals and health care providers are working together to resolve whatever issue the County is asking them to fund.
Commr. Hanson stated that Ms. Orsini did not address teen pregnancy prevention, but it is a major issue in the County, and she questioned whether this was an area that they could address and provide the Board with figures.
Ms. Orsini stated that she could obtain those figures, but she did not come prepared to speak about the issue of teen pregnancy today, however, through the Healthy Start funding that they receive in the community, she was sure that the issue could be addressed with the Healthy Start Coalition.
RECESS & REASSEMBLY
At 10:15 a.m., Commr. Pool announced that the Board would take a ten minutes recess.
Mr. Sandy Minkoff, County Attorney, informed the Board that, pursuant to Florida Statute 286.011, he requested that the Board hold a Closed Session to discuss litigation with Covanta of Lake, Inc. Mr. Minkoff stated that the Closed Session will be confined to settlement negotiations, or strategy sessions related to litigation expenditures. He stated that a Court Reporter is present and, once the Board adjourns into Closed Session, she will record the times of commencement and termination of the session, and the names of all persons present at any time, which will be only the Commission members, Mr. Bill Neron, County Manager, and himself, and the Court Reporter whose notes will be transcribed. He stated that staff has advertised this Closed Session and they will now commence at an open meeting, at which point they will announce the commencement and estimated length of the meeting, which they estimate to be about 30 minutes, and the names of the persons attending, which will be all of the Commissioners, Mr. Neron and himself.
RECESS & REASSEMBLY
At 11:25 a.m., Commr. Pool announced that the Closed Session had ended and the meeting would be reconvened.
Commr. Pool noted that Mr. Scott Strong, Lake County School Board member, and Ms. Dottie Keedy, City Administrator, were present in the audience.
PUBLIC HEARINGS -
Mr. Fletcher Smith, Director of Community Services, addressed the Board and stated that the first public hearing will be on the substantial amendments to the Five-Year Strategy Section of the FY 2000-05 Consolidated Plan, and the second public hearing will be on the proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2002-03 and Adoption of the FFY One-Year Action Plan by Resolution and signature approval on the Application for Federal Assistance (SF-424), the Adoption Resolution and the required Certifications.
Ms. Liz Eginton, CDBG Director, addressed the Board to discuss the amendments to the Five-Year Strategy Section of the FY 2000-05 Consolidated Plan. In February, the Board had directed staff to add a housing rehabilitation component to the program and this has been added and includes clean up amendments, based on the advise they received from the U. S. Department of Housing and Urban Development's (HUD) Jacksonville Field Office. She noted that it has been advertised and there has already been a 30 day window to receive public comment.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval of Substantial Amendments to the Five-Year Strategy Section of the FY 2000-05 Consolidated Plan.
Ms. Liz Eginton, CDBG Director, addressed the Board to discuss the proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2002-03 and Adoption of the FFY One-Year Action Plan by Resolution and request for signature approval on the Application for Federal Assistance (SF-424), the Adoption Resolution and the required Certifications. Ms. Eginton stated that all jurisdictions participating in the CDBG program are required to prepare a one year Action Plan every year. She stated that Lake County's FY 2002 One-Year Action Plan updates the FY 2000-2005 Consolidated Plan and outlines proposed uses for CDBG funds for the following fiscal year. At this time, she explained the strategy for implementing year three of the consolidated plan. Ms. Eginton stated that, pursuant to federal regulations, they have provided multiple opportunities for public participation in development of this year's Action Plan. Today's hearing is the last of four which have been held this year. The public hearings were held on February 19 by the Board, on March 12 by the Town of Montverde, and on March 20, by the City of Tavares. She stated that notice of the inspection period and public hearing was published in the "Lake Sentinel" on April 22, 2002. At this time, Ms. Eginton presented a detailed description of the Action Plan and reviewed a map pinpointing the exact locations of the assessment projects. She stated that, after approval by the Board, the Action Plan will be sent to the HUD Jacksonville Field Office, which has 45 days to review it. The final approval on the County level happens when the County budget is adopted and funds will become available after the start of the new fiscal year, on October 1, and after release of funds by Congress, usually in late October, or early November.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson stated that, somewhere in the future, they need to look at the issue of sidewalks in Sorrento and Mount Plymouth. It is an urbanized area but, because they are not a municipality, there is a need to connect the two areas.
Ms. Eginton stated that she does not believe that the noted area meets the area benefit test, based on the information that staff has today.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2002-03 and adoption of the FFY One-Year Action Plan by Resolution 2002-86 and authorized signature(s) on the Application for Federal Assistance (SF-424), the Adoption Resolution and the required Certifications.
CITIZEN QUESTION AND COMMENT PERIOD
LAWS AND LEGISLATION
Commr. Pool stated that there had been some discussion about the Board, and the Lake County School Board, working together on the new legislation, Senate Bill 1906, and he feels that, at some point in the future, there may be an opportunity for a retreat, or a report from the School Board, based on the conditions of the schools, the state of the school system, and how this will impact the County Commission as they go forward.
Mr. Scott Strong, Lake County School Board member, addressed the Board to discuss Senate Bill 1906 and stated that it does require some interlocal agreements and opportunities for the Board and the School Board to come together and establish a framework of cooperation. It primarily talks about the sharing of information. Another provision allows for representation on land planning agencies in the capacity of voting or non-voting, but it mostly talks about an opportunity to share information. He explained that is requires adoption of language to require local governments and school boards to enter into an interlocal that addresses school siting, enrollment forecasting, school capacity, infrastructure, and safe school needs of schools; schools as emergency shelters, and sharing of facilities. In addition, the bill provides for the creation of an education benefit district as an alternative means to fund school construction; provides for school district representation on local board planning agencies, and combines school construction planning reports into one document. He stated that they have a responsibility and there is some liability to them, if they do not enter into these agreements.
Commr. Pool stated that this is why he wanted to bring this forward because either a complete report by the School Board and/or Ms. Pam Saylor, Superintendent, or the attorneys, or a retreat at some point in the future is needed to discuss how they can better cooperate and work together, with communication being the key issue.
Commr. Hill stated that a lot of this is in the Evaluation and Appraisal Report (EAR), but the Board has already passed a school siting ordinance and quite a few other things.
Mr. Sandy Minkoff, County Attorney, explained that the noted legislation requires the County, the School Board, and most of the cities, to enter into interlocal agreements, and it is mostly information sharing, but the agreements have to be developed and signed. He stated that it does make an immediate change to the make up of the Planning and Zoning Board by adding a school board member, or a school board representative. He stated that Mr. Bill Neron, County Manager, and staff are looking at it, and they will be bringing information back to the Board.
Mr. Neron stated that staff is finding bills that have been passed in the legislature with implications of new mandates for local government, not only in the school planning area, but staff is also looking at another one that has to do with annexations and joint planning areas. He stated that it is going to take a few weeks to try to decipher some of this but they are going to need to work in partnership with the School Board and the cities to make sure that they all have the same focus and direction as they proceed in the future.
Mr. Strong stated that the School Board has done a much better job in bringing in all agencies involved in school siting, for example, they are going to build a new elementary school, and there are about 15 members participating in the selection of that site.
Commr. Hanson reiterated that it is not just beginning, it is the next step towards what they have been doing. She stated that together they were setting up a planning position that was going to be half funded by the School Board.
Mr. Neron stated that, in the proposed budget, the County had allocated half of the funding for a planner, and it was his understanding that the School Board has decided to fully fund that position, based on information staff received last week. He stated that they are in further discussion with School Board staff to see what the implications of that are going to be, because it was the County's understanding that it was going to be a jointly funded position working in the County's planning department. He believes that the School Board has made the decision that they want that position working directly for the School Board rather than under the County's supervision.
Commr. Hanson stated that she has a concern with the position being placed under the School Board, because then it gets back to where they have been historically in the past, and there may be some implications. She questioned whether staff has reviewed the policies adopted by Orange County for concurrency.
Mr. Strong stated that there is an opt out provision in the legislation, or exemption provision, for counties that actually have already implemented concurrency.
Mr. Minkoff stated that Orange County has not actually implemented concurrency, and the only county that tried that was either Palm Beach or Broward, but Lake County's code has always allowed the Board to deny rezonings based upon the lack of public facilities including schools, but Orange County has adopted a policy, at their Commission level, which says that, if someone wants to increase density, they have to demonstrate that there is school capacity before they will approve it.
Commr. Hanson stated that the Board needs to get the message out to the public that currently this is what they have the ability to do, and they need to look at Orange County's policy, and they can then bring it back and decide whether they want to implement the same policy.
Commr. Pool thanked Mr. Strong for coming forward because this is an opportunity and he believes that today they have a better relationship than ever before with the School Board, and cities, and this is something they want to build on and continue.
REPORTS - COUNTY ATTORNEY
CONTRACT, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, addressed the request for approval of the termination of the Lease Agreement with the Town of Astatula relating to Lake County property. Mr. Minkoff explained that this is the parcel that the County leased to them for a park that the tower site is proposed to be on, and he does not feel that it will change the uses of the property; it just terminates the lease agreement.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of the termination of the Lease Agreement with the Town of Astatula relating to Lake County property.
REPORTS - COUNTY MANAGER
EMERGENCY SERVICES/PUBLIC SAFETY
Mr. Bill Neron, County Manager, informed the Board that there will be activity in the break room over the next three days. The Emergency Management Division will be coordinating the County staff participation in the three day State hurricane exercise. He stated that this will be an ongoing process to test their readiness capabilities, and to point out areas where they may need more work. He stated that Mr. Butch Whitehead, Emergency Management Director, is coordinating the exercise, and they are pleased to have Mr. Butch Baker from the State Emergency Operations Center (EOC) who is doing a review of their capabilities to help take them to the next level of improvement.
Mr. Bill Neron, County Manager, stated that next Tuesday is the regular meeting where they usually do workshop items. There are no scheduled items at this point in time and, if the Board would concur, it would be his recommendation that they cancel next week's meeting and let staff utilize this time to be working on the proposed budget.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to cancel next week's Board meeting, June 11, 2002.
Commr. Cadwell addressed the procedure used by the Board to place items on the agenda for Board action noting that the item brought forward by Mr. Neron should have been placed on the agenda first before the Board took action.
Mr. Neron stated that staff had already gotten approval from the Board to cancel the July 2, 2002 meeting, but there will be three Board members attending the NACO Conference on July 16, 2002, so it would be the recommendation of staff that the Board re-establish the July 2, 2002 meeting and cancel the July 16, 2002 meeting instead.
Commr. Stivender made a motion, which was seconded by Commr. Cadwell, to approve the recommendation by staff, to re-establish the Board meeting on July 2, 2002 and cancel the Board meeting on July 16, 2002.
Under discussion, it was noted that the item was not on the agenda for Board action.
Commr. Stivender withdrew her motion, and Commr. Cadwell withdrew his second to the motion.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to place on the agenda the request to cancel next Tuesday's meeting, June 11, 2002; to re-establish the July 2, 2002 meeting; and to cancel the July 16, 2002 meeting.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to cancel next Tuesday's meeting, June 11, 2002; to re-establish the July 2, 2002 meeting; and to cancel the July 16, 2002 meeting.
Mr. Bill Neron, County Manager, informed the Board that the previously cancelled workshop with the City of Clermont has been re-established for Monday, June 24, 2002 at 9 a.m., at the Jenkins Auditorium.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
Commr. Cadwell informed the Board that they had the opening of the Astor Library on Friday at 2 p.m., and he appreciated those who attended the event.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
Commr. Hanson informed the Board that she had read where Orange County was giving incentives focusing on nurses and teachers through their Affordable Housing Program, and she indicated that this may be something that the Board may want to look at in relation to what Lake County is doing it its Affordable Housing Program.
Commr. Hanson informed the Board that she had faxed information to the Board members about what Jacksonville was doing in the area of green printing. She stated that this is what she has been talking about with the Trust for Public Lands, and they may want to look at this as a growth management tool.
Mr. Bill Neron, County Manager, stated that staff is trying to schedule a presentation on June 18, 2002.
Mr. Gregg Welstead, Deputy County Manager, informed the Board that staff has only received two applications for the Land Acquisition Study Committee. He will confirm the designation of members, in terms of whether or not they are restricted within a Commissioner's district. It was noted that no disclosure is required.
REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2
Commr. Stivender made a motion, which was seconded by Commr. Hill, to approve the appointment of Commr. Cadwell and Commr. Hanson as the Board's voting delegates for NACo's annual election of officers.
Under discussion, Commr. Hanson stated that she would prefer to see Commr. Pool, as Chairman, and Commr. Cadwell as the voting delegates.
Commr. Stivender withdrew her motion, and Commr. Hill withdrew her second to the motion.
Commr. Stivender made a motion, which was seconded by Commr. Hill, to approve the appointment of the Chairman, Commr. Pool, and Commr. Cadwell as the voting delegate and alternate for NACo's annual election of officers.
Under discussion, Commr. Pool suggested that Commr. Cadwell be the primary voting delegate, and he would be the alternate voting delegate.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Commr. Pool informed the Board that the Alliance on Water Resources is having a meeting Thursday night at the Jenkins Auditorium, Clermont, at 7 p.m. He noted that Ms. Jennifer Domerchi, East Central Florida Regional Planning Council (ECFRPC), will be making a presentation on green printing and other environmentally sensitive ways to develop as the Board goes forward, or ways they can increase the green spaces.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:58 a.m.
ROBERT A. POOL, CHAIRMAN
JAMES C. WATKINS, CLERK