A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 3, 2002
The Lake County Board of County Commissioners met in regular session on Tuesday, December 3, 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: Debbie Stivender, Vice Chairman; Robert A. Pool; Jennifer Hill; and Catherine C. Hanson. Commr. Welton G. Cadwell, Chairman, was not present at this meeting, due to the fact that he was attending the Florida Association of Counties Conference in Destin, Florida. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
The meeting was opened by the Vice Chairman, Commr. Debbie Stivender, in the absence of the Chairman, Commr. Welton Cadwell, at which time she recognized various elected officials and city/county leaders who were present in the audience.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, informed the Board that he was pulling Tab 5, under the County Manager’s Consent Agenda, a request from Community Services for approval of revision of LCC-49, the General Assistance Program (GAP), to provide flexibility in the establishment of procedures for determining client eligibility, until the Board Meeting scheduled for December 10, 2002. He stated that he would also be giving a verbal report, under his items, on the proposals for the Transportation Disadvantaged services.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda, under his Reports, an item which will require action, being a request to hold a Closed Session at the Board Meeting scheduled for December 17, 2002, with regard to the case of State of Florida vs. Hernandez, which is a criminal bond forfeiture case that the County is involved in.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 3, 2002 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Cancellations, Riders, and Stipulation, as follows:
430-03 James W. Montgomery (Building Contractor)
4431-03 Kenneth B. Coker d/b/a Tech Services (Air Conditioning & Heating)
5140-03 Kenneth B. Coker d/b/a Tech Services (Electrical)
5695-03 Timothy R. Johnson d/b/a R.T.D. Industries (Electrical)
6031-03 James Norman (Roofing)
6034-03 Robin Pruitt TA Power Time Electric, Inc.
1763-02 Elex R. Scroggins d/b/a Wallace Electric, Inc.
5283-02 Irvin Construction Company, Inc.
5527-02 Lee Woods d/b/a Lee Hadley Woods Construction/Central Florida, Inc.
5968-03 Robert Goodridge d/b/a Bob’s Landscaping
5975-02 William Wintersdorf, III d/b/a Lake Lawn & Landscape
5980-02 David MacMillian d/b/a Ground Effects, Inc.
5993-02 John Mahlkuch d/b/a New Florida Lawn Maintenance, Inc.
6005-02 David Stewart and Power Link Solutions, Inc.
26-04 James Sheddan (Electrical Contractor)
Change expiration date from 9/30/02 to 10/1/04
5746-04 Dean Engler (Contractor)
Change expiration date from 9/30/02 to 10/1/04
5996-03 Thomas Richards d/b/a Phoenix Landscape
Change expiration date from 9/30/02 to 10/1/03
5887-03 Ken Abrehamsen d/b/a Pro Delta
Bond period is amended to: Beginning on the 6th day of February, 2002, and ending on the 1st day of October, 2003. Effective 10/2/2002.
Satisfaction of Judgments
Request for approval of Satisfaction of Judgments, as follows, and authorized proper signatures on same:
Satisfaction of Judgment for State of Florida vs. Charles Hughley, in the amount of $250.00 - Case No. 1995 CF 225, fully releasing and discharging the Final Judgment Assessing Attorney’s Fees and Costs against Charles Hughley. The Final Judgment entered on the 30th day of December, 1996, and recorded in OR Book 1490, Page 569, of the Public Records of Lake County, Florida. Lake County acknowledges receipt of full payment of said indebtedness and hereby acknowledges Satisfaction of said Judgment and directs the Clerk of said Circuit Court of the Fifth Judicial Circuit, in and for the State of Florida, to cancel the same of record.
Satisfaction of Judgment for State of Florida vs. Charles Hughley, in the amount of $250.00 - Case No. 1995 CF 225, fully releasing and discharging the Final Judgment Assessing Attorney’s Fees and Costs against Charles Hughley. This Final Judgment entered on the 24th day of April, 1995, and recorded in OR Book 1361, Page 6, of the Public Records of Lake County, Florida. Lake County acknowledges receipt of full payment of said indebtedness and hereby acknowledges Satisfaction of said Judgment and directs the Clerk of said Circuit Court of the Fifth Judicial Circuit, in and for the State of Florida, to cancel the same of record.
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending October 31, 2002, in the amount of $165,967.13. Same period last year: $192,996.32.
Clerk of Courts’ Excess Fees for FY 2001/2002
Request to acknowledge receipt of Clerk of Courts’ Excess Fees for FY 2001/2002, in the amount of $603,973.21.
Notice of Application for an Extension of Service Area
Request to acknowledge receipt of Notice of Application for an Extension of Service Area - Notice is hereby given on November 8, 2002, pursuant to Section 367.045, Florida Statutes, of the Application of Florida Water Services Corporation, 1000 Color Place, Apopka, Florida, 32703, to amend its Water Certificate No. 106-W to add territory in Lake County, Florida, described as follows:
Silver Lake Estates Proposed Addition to Water Service Territory in Township 19 South,
Range 25 East, Sections 10 and 15
Any objection to said application must be made in writing within thirty days of the date of this notice to: Director, Division of the Commission Clerk and Administrative Services, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850. A copy of said objection should be mailed to the applicant, whose mailing address is: Florida Water Services Corporation, Attn: Carlyn Kowalsky, Esquire, P. O. Box 609520, Orlando, Florida, 32860-9520.
Notice of Application for an Extension of Water Service Area
Notice of Application for an Extension of Water Service Area - Notice is hereby given on this 12th day of November, 2002, pursuant to Section 367.045(2), Florida Statutes, of the application of AquaSource Utility, Inc., to apply to the Florida Public Service Commission for an extension of its 48 Estates system’s service area to provide water service to the property in Lake County, Florida, as described in Notice.
Any objections to the Application must be made in writing and filed with the Director, Division of Commission Clerk and Administrative Services, 2540 Shumard Oaks Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 650 South North Lake Boulevard, Suite 420, Altamonte Springs, Florida 32701, within 30 days from the date of this Notice. The objection must state the grounds for the objection with particularity.
Southwest Florida Water Management District Five-Year Capital Improvements Plan and
Proposed Five-Year Water Resource Development Work Program
Request to acknowledge receipt of Southwest Florida Water Management District Five-Year Capital Improvements Plan and Proposed Five-Year Water Resource Development Work Program, pursuant to Section 373.536(6)(a)3 and Section 373.536(6)(a)4, Florida Statutes.
Annual Report for Florida Development Finance Corporation
Request to acknowledge receipt of Annual Report for Florida Development Finance Corporation for the year ending June 30, 2002.
St. Johns River Water Management District Five Year Capital Improvements Plan and
Water Resource Development Work Program
Request to acknowledge receipt of St. Johns River Water Management District Five Year Capital Improvements Plan and Water Resource Development Work Program, pursuant to Section 373.536(6)(a)3 and Section 373.536(6)(a)4, Florida Statutes.
Notice of Application for a Transfer of Majority Organizational Control Legal Notice
Notice of Application for a Transfer of Majority Organizational Control Legal Notice - Notice is hereby given on the 8th day of November, 2002, pursuant to Section 367.071, Florida Statutes, of the application for transfer of majority organizational control of AquaSource Utility, Inc. to Philadelphia Suburban Corporation. This application is not a request to change the rates of AquaSource Utility, Inc., or any of the below listed subsidiaries. The following are the Utilities which are certificated by the Florida Public Service Commission, which are affected by this proceeding, and their counties of operation:
AquaSource Utility, Inc. Highlands, Lake, Lee, Polk
Arredondo Utility Company, Inc. Alachua
Crystal River Utilities, Inc. Lake, Palm Beach, Polk, Sumter
Jasmine Lake Utilities Corporation Pasco
Lake Suzy Utilities, Inc. DeSoto, Charlotte
Ocala Oaks Utilities, Inc. Marion
Any objection to the said application must be made in writing and filed within thirty (30) days from this date to the Director, Division of Commission Clerk and Administrative Services, Florida Public Service Commission, 2540 Shumard Oaks Boulevard, Tallahassee, FL 32399-0850. A copy of said objection should be mailed to the attorney for the applicant who is: Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 650 S. North Lake Blvd., Suite 420, Altamonte Springs, FL 32701.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Budget and Administrative Services - Budget
Request for approval of the following:
Budget transfer - Community Development Fund, Department of Community Services, CDBG Division, in the amount of $15,000.00. Transfer $15,000.00 from Reserve for Operations to Building Improvements. This transfer is needed to fund installation of automatic door openers at the Lake County Agricultural Center. The Board approved the project on September 3, 2002. Funds were not transferred at the time, as it was too late in the Fiscal Year for the funds to be carried forward to Fiscal Year 2002/2003. Funds are available in project cost overrun reserve funds.
Budget transfer - Sales Tax Capital Projects Fund, Department of Public Works, Capital Projects Division, in the amount of $36,309.00. Transfer $36,309.00 from Special Reserve to Buildings. On September 17, 2002, the Board of County Commissioners approved an additional $36,309.00 from the Infrastructure Sales Tax Reserve, for the site work for the Community Centers. This was posted to Fiscal Year 2002 after rebudgets and the final budget adoption for 2003. Due to this timing, it was not carried forward to Fiscal Year 2003. Per County Finance, the Board needs to reapprove this transfer for posting to Fiscal Year 2003. Funds available in Infrastructure Sales Tax Special Reserve.
Check Request (Direct Pay) from Clerk’s Office, for payment of Criminal Court costs for October, 2002. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $31,927.00.
Request for approval of recommended holiday library closings for calendar year 2003.
Economic Development and Tourism
Request for approval of the First Addendum to Real Estate and Sales Agreement between Lake County and J.C.J. Family Partnership Ltd., to postpone the original closing date and close on or before May 9, 2003.
Request for approval and execution of a Purchase Agreement with C. A. Deems, II and Norman C. Cummins, Trustees, for right of way, in conjunction with the Thomas Avenue Extension project in the Leesburg area.
Request for approval and execution of an Agreement between Lake County and CSX Transportation, Inc., for purchase of an easement over a portion of the CSX Railroad right of way, in conjunction with the Thomas Avenue Extension project.
Request for approval to accept an Affidavit of Maintenance for a portion of Sunnyside Drive (1-4122).
Request for approval to accept one Non-Exclusive Easement Deed, five Statutory Quitclaim Deeds, three Statutory Warranty Deeds, one Trustee’s Deed, and one Dedication to the Public, as follows:
Non-Exclusive Easement Deed
Statutory Quitclaim Deed
South Lake Hospital, Inc.
Oakley Seaver Boulevard
Lillian L. Shelton
E. Cemetery Road
Gail and James Bucknam
South West Avenue
Raymond Bronson, et al
Calvin Lee Road
Raymond Bronson, et al
Calvin Lee Road
Statutory Warranty Deed
James and Elma Bennett
E. Cemetery Road
Willard and Hortense Harris
E. Cemetery Road
South Lake Hospital, Inc.
Oakley Seaver Boulevard
Jeffrey P. Wieland
Lane Park Cutoff Road
Dedication to the Public
Deborah T. Bruderman
Shine On Drive
Request for approval and signature on Amendment 1, amending the State Funds, and Amendment 1, amending the Local Funds amount of the Tentative Certified Budget for Arthropod Control for FY 2002/2003.
Request for approval and signature for one year Lease Agreement for the Sheriff’s substation located in Clermont, in the amount of $2,000.00 per month, or $24,000.00 annually.
Request for approval and authorization to execute Change Order No. 1 to Radio System Motorola Contract No. FL00I130A, in the amount of $56,204.00, and to transfer funds to cover the cost of the site change from the Astatula Landfill to an alternate Astatula site (FAA disapproved the Landfill site).
The Vice Chairman presented Employee Awards, as follows:
Award to Employees with Five Years of Service
Edith M. Singleton, Internet/Network Specialist, Community Services/Library Services
Jerry F. Miller, Senior Building Inspector, Growth Management/Building Services
Deborah J. Kohler, Public Hearing Coordinator, Growth Management/Building Services
Award to Employees with Ten Years of Service
Patricia M. Harker, Right of Way Manager, Public Works/Engineering/Right of Way
Donna C. Thielhart, Contracting Officer, Budget & Administrative Services/Procurement Services
Award to Employee with Fifteen Years of Service
Bruce E. Thorburn, Communications Systems Director, Public Safety/Communications Systems
Work Group Recognition Award
Frank LaFleur, Public Safety
April Hoover, Public Safety
Warren Weekly, Public Safety
Rob Richardson, Information Technology
Peggy Dionne, Public Works
Kathleen Thomas, formerly of Solid Waste
Claude Gnann, Sheriff’s Office
Chris Daniels, Sheriff’s Office
Carol Morrison, Sheriff’s Office
Jason Matthews, Sheriff’s Office
Leroy Oliver, Sheriff’s Office
Steve Rockefeller, Leesburg Police Department
Kim Stevens, Lake Sumter EMS
Lou Hahn, Lake Sumter EMS
BOARD/COMMITTEE PLAQUES AND CERTIFICATES
The Vice Chairman presented Board/Committee Plaques and Certificates, as follows:
PRESENTATION OF PLAQUES
Industrial Development Authority
Robert W. Westrick, Ed.D. (1995-2002)
PRESENTATION OF CERTIFICATES
Affordable Housing Advisory Committee
Jennifer Welch (2000-2002) (Not Present)
Bicycle/Pedestrian Advisory Committee
Ken LaRoe (2001-2002) (Not Present)
Michael Rogers (2000-2002) (Not Present)
Citizens’ Commission for Children
Patrick Howard (2000-2002) (Not Present)
Citizen Transportation Advisory Committee
Eloise Fisher (1998-2002) (Not Present)
Code Enforcement Board
Donald Miller (2000-2002)
Cultural Affairs Council
Virginia Fisher (2001-2002)
Mary Jane Townsend (1998-2002) (Not Present)
Library Advisory Board
Alexander Nixon (1998-2002) (Not Present)
ORDINANCE AMENDING CHAPTER 10 - RELATING TO FAIR HOUSING
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 10, LAKE COUNTY CODE, ARTICLE II, ENTITLED FAIR HOUSING REGULATIONS; AMENDING SECTION 10-23, ENTITLED DEFINITIONS; AMENDING SECTION 10-24, ENTITLED EXEMPTIONS; PROVIDING FOR FACTORS TO DETERMINE WHETHER HOUSING FACILITIES QUALIFY AS HOUSING DESIGNED FOR PERSONS 55 OR OLDER; AMENDING SECTION 10-25, ENTITLED DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING; PROVIDING THAT IT SHALL BE UNLAWFUL TO DISCRIMINATE AGAINST BUYERS OR RENTERS BECAUSE OF HANDICAP CONDITIONS; CREATING NEW SECTION 10-26, ENTITLED DISCRIMINATION IN RESIDENTIAL REAL ESTATE RELATED TRANSACTIONS; AMENDING SECTION 10-30, ENTITLED HEARING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bill Neron, County Manager, reminded the Board that a presentation was given to them a few weeks ago regarding this issue and that the Ordinance just clarifies the Fair Housing Regulations of the County, to comply with the Florida Statutes. He stated that the County has conducted a public education program with the various elderly communities, to make sure they are aware of the change in the regulations.
The Vice Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2002-98, amending Chapter 10, relating to the Fair Housing Regulations.
Mr. Bill Neron, County Manager, informed the Board that several weeks ago he and Commr. Cadwell, Chairman, were at a Florida Association of Counties (FAC) Prelegislative Conference and one of the major issues that the Florida Association of Counties, in conjunction with the League of Cities and the Florida City/County Managers Association (FCCMA), is working on are some changes to Florida’s archaic annexation laws. He stated that he thought it would be helpful to the Board to have a presentation on the issue, because it is very timely in this community. He stated that staff took the liberty of inviting all the cities to hear the presentation, at which time he noted that several representatives of the cities were present in the audience. He noted that the presentation was primarily for informational purposes.
Ms. Sarah Bleakley, with the law firm of Nabors, Giblen & Nickerson, addressed the Board and gave a power point presentation regarding the issue of annexation and how it works. She stated that cities within a county grow larger through annexation; however, it often leaves enclaves, or islands of unincorporated areas within the County. She discussed services that counties provide, versus those that cities provide, at which time she noted that counties provide the same types of services in the unincorporated area as the Cities do in the incorporated area - everything from fire rescue to growth management. She stated that the most important thing about annexation is that it does not change the responsibilities of the County, it still has to provide a courthouse, as well as a landfill and a variety of other services and facilities. She stated that annexation disburses the remaining population of the unincorporated area, making it much more difficult to serve. She stated that it eliminates county growth management control for the annexed area and may result in infrastructure being stranded in the incorporated area that needs to be serving the unincorporated area. She stated that it also serves to reduce revenue in the unincorporated area and those reductions are without regard to the cost of providing services to remaining unincorporated area residents and property owners. She discussed local government powers regarding home rule and annexation impacts on the fiscal aspects of county government, some of the solutions that are available from home rule, as well as looking at annexation problems and some of the solutions that are being discussed at the present time.
Mr. Bob Nabors, Nabors, Giblen & Nickerson, addressed the Board and referred to a packet of materials that his office provided to them, for their perusal, noting that they tried to give the Board a primer on issues dealing with county and city powers and annexation. He stated that it talks about the power of local self government that both counties and cities have and noted that they enumerated all the revenue sources that unincorporated areas derive and how annexation affects same, when the transfer takes place, and what potential overlapping responsibilities can occur. He stated that they also addressed the issue of service delivery impacts, in terms of annexation, and outlined several home rule solutions that are available, which he reviewed with the Board.
Ms. Bleakley stated that many counties are having problems with annexation, especially those counties that are growing very quickly, however, noted that the Legislature recognized that fact during its last session and required the Florida Association of Counties, the League of Cities, and the Association of Special Districts to come forward with some recommendations, which she noted are due to be provided to the Legislature on February 1, 2002. She stated that, in anticipation of that, the FCCMA has taken a look at the issue and has come up with some recommendations that have been presented to the League of Cities and will be presented this week to the Florida Association of Counties. She stated that the recommendation on enclaves will require the Legislature to abolish all internal enclaves - those that are completely surrounded by the unincorporated area. She stated that they also have an issue dealing with external enclaves - those that are 100 acres or less and are contiguous to the cities. She stated that they will be annexed, pursuant to the Governing Board of the County making a decision about which city the enclave will go to. She stated that, with regard to future annexations, the FCCMA divided them up into small annexations. She stated that those of 100 acres or less will require more notice than counties are getting at the present time, which will give counties the opportunity to voice their objections and concerns. She stated that there will be a prohibition on growth management changes for three years in an annexed area, unless the County agrees. She stated that, for large annexations - those of 100 acres of more, over a two year period, there will be a provision making cost sharing, revenue sharing, and service delivery cost sharing mandatory, which will require an independent professional to look at the cost of the service, the reduction in revenue by counties, the stranded infrastructure, and require that the cities and counties get together on how the costs and the burden will be shared, and, if they cannot agree, it will lead to binding arbitration by either party. She stated that, in addition, with regard to the large annexations, there will be no growth management changes for three years - a significant change from current law. She stated that they will also allow a service delivery agreement, to deal with future annexations, which will require countywide voter approval, and the carrot that will be offered to local governments for entering into the service agreement will be additional revenue sharing. She stated that they also recommend more study on the matter, because they acknowledge that this is a preliminary first step in solving the annexation problem.
Mr. Neron, County Manager, informed the Board that the legislative directive was for the Florida Association of Counties, the League of Cities, and the Association of Special Districts to make recommendations. He stated that it is part of the Joint Planning Agreement issue that the County is dealing with. He noted that he asked that this presentation be given to educate the Board on the issue and the dialogue that will be ongoing during the next several months, as the Legislature is in session.
REAPPOINTMENTS TO BOARD OF BUILDING EXAMINERS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board reappointed the following individuals to vacant positions on the Board of Building Examiners, as follows:
John A. Patterson
General, Building, or Residential Contractor
Joseph P. Godfrey, Jr.
Sheet Metal, Roofing, Class “A” Air Conditioning, Class “B” Air Conditioning, Class
“C” Air Conditioning, Mechanical, Commercial Pool/Spa, Residential Pool/Spa, and
Swimming Pool/Spa, Plumbing, Underground Utility and Excavation, or Solar Contractor
William E. Lawson
APPOINTMENT TO CULTURAL AFFAIRS COUNCIL
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board appointed Ms. Lynn Sennett to a vacant position on the Cultural Affairs Council, to complete an unexpired term ending September 30, 2005.
RESOLUTION APPOINTING INDIVIDUALS TO TOURIST DEVELOPMENT
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2002-203, appointing the following individuals to vacant positions on the Tourist Development Council:
REPORTS - COUNTY ATTORNEY
SETTLEMENT AGREEMENT AND SATISFACTION AND RELEASE OF LIEN
- LAKE COUNTY VS. ROBERT E. FOSTER
Mr. Sandy Minkoff, County Attorney, informed the Board that this request involved a Settlement Agreement and Satisfaction and Release of Lien, with regard to a Code Enforcement case. He stated that Mr. Gregg Welstead, Deputy County Manager, was recommending approval of the request, noting that it calls for compliance and a waiver of the fine, with the exception of $500.00.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Settlement Agreement and Satisfaction and Release of Lien for Lake County v. Robert E. Foster, CEB No. 2001-04-0087.
REPORTS - COUNTY ATTORNEY
REQUEST FOR CLOSED SESSION
Mr. Sandy Minkoff, County Attorney, informed the Board that he added to the Agenda a request to hold a Closed Session at the Board Meeting scheduled for December 17, 2002, with regard to a criminal case that the County is involved in, because it involves a bond forfeiture, to discuss possible solutions to the case, and recommended approval of the request.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney to hold a Closed Session at the Board Meeting scheduled for December 17, 2002, with regard to the criminal case of State of Florida vs. Hernandez, which the County is involved in, to discuss possible solutions to the case.
REPORTS - COUNTY MANAGER
PROPOSALS FOR PROVISION OF TRANSPORTATION DISADVANTAGED
Mr. Bill Neron, County Manager, informed the Board that the County is in the process of seeking proposals for the provision of Transportation Disadvantaged services and it has recently come to light that there have been some questions as to the clarity of the Request for Proposals (RFP). He recommended that staff be authorized to send out an Addendum clarifying said questions and noted that staff will delay the receipt of said proposals for a few weeks, to give potential proposers an opportunity to submit a proposal, with regard to the request.
It was the consensus of the Board that the County Manager be authorized to do so.
RECESS AND REASSEMBLY
At 9:50 a.m., the Chairman announced that the Board would recess for five minutes.
STATE ROAD 429 NORTHWEST EXTENSION PD&E STUDY UPDATE BY
ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY
Commr. Stivender, Vice Chairman, informed those present that this was a presentation only, noting that it was for information and an update on what is going on with the SR 429 extension, by the Orlando/Orange County Expressway Authority. She stated that Commr. Hanson is on the Governor’s Task Force, which will be concluding the middle of January, 2003, so the Board will be making no decisions this date, they are present to learn what is going on and to be educated.
Commr. Hanson interjected that the presentation is also the result of a request from the City of Mt. Dora to have the Board participate again in the study, so the Board felt it was appropriate to have an update on the progress that has been made thus far on the study.
Mr. Jim Stivender, Jr., Senior Director, Public Works, informed the Board that several months ago the County was asked to be more involved and to participate in the SR 429 process; therefore, he was directed to contact Mr. Hal Worrell, with the Orlando/Orange County Expressway Authority, to bring the Board up to date on the matter.
Mr. Hal Worrell, Orlando/Orange County Expressway Authority, addressed the Board stating that they began a study of this project, at the action of the Board, in May of 2001, and, in September of 2001 they ceased that project and began a new project, which was a version of the previous project, which ended around the Tangerine area, at Hwy. 441. He stated that that project is what his office was present to update the Board on this date. He stated that they stopped that project, pending the outcome of the Wekiva Task Force. He noted that they would be presenting only that part that deals with Orange County.
Mr. Allan Keen, Chairman of the Orlando/Orange County Expressway Authority, addressed the Board stating that he was present to show his support of what they have been doing and to let the Board know that they are open to whatever decisions the Board chooses to make. He stated that he was a member of the Governor’s Task Force, which he noted was created when the environmental community came to the Expressway Authority and asked if they would consider suspending their study into the northwest extension of SR 429, so that they could look at possibly connecting the Western Beltway, as well as look at some other regional needs. He stated that he took that request to the Expressway Authority Board and they agreed to suspend the activity, however, noted that the environmental community then requested that the Governor issue an Executive Order, to raise the process to a higher level, which is something that had never been done in the State of Florida. He stated that the Expressway Authority supported that request and they believe that, if they had not supported it, there would not have been an Executive Order, nor a Task Force, at least in the makeup that it is today. He stated that it is a very high level group and is actively working. He stated that there are a lot of gives and takes going on, but the Expressway Authority is happy to be of service.
Mr. Mark Callahan, Vice President, CH2M Hill, addressed the Board stating that he was the Consultant Project Manager for the northwest extension of the SR 429 PD&E Study. He gave a power point presentation, at which time he gave an overview of the study and some background information regarding when they started and some of the direction that they received. He stated that he would be giving the Board some viable alternatives, discussing where they stand with the study today, reviewing some of the information that they presented to the City of Mt. Dora in September of this year, and reviewing their schedule, as it stands at the present time. He stated that, initially, their study area included portions of northwest Orange County and Lake County. He stated that the Lake County area was included, as per a request from this Board and through the interlocal agreement that was developed between the Expressway Authority and the Lake County Board of County Commissioners. He stated that, through their initial data collection, they were able to identify several constraints within the overall study area and developed some initial corridor alternatives, which he reviewed with the Board. He stated that their study team participated in several community meetings in Lake and northwest Orange County, to discuss the concerns and issues related to a potential project in that area. He stated that, in September of 2001, the Board took action to terminate the interlocal agreement, which would have had the Expressway Authority extend this project into Lake County, and, as a result of that action, Mr. Mike Snyder, District 5, Florida Department of Transportation (FDOT), got involved in the study, to incorporate an evaluation of a potential connection to the eastern portion of SR 46, near the Mt. Plymouth area. He stated that their study team modified the study area, pulling it out of Lake County and incorporating the SR 46 connector that FDOT wanted to look at, as a part of their efforts on the study. He stated that their study team developed alignments in Orange County and also developed some alignments for a SR 46 connector. He stated that they had over 400 possible alternatives for the northwest extension of SR 429 and that connector and, with each of those alignments, they had various beginning and ending points with SR 429, in the Apopka area, and terminus locations along Hwy. 441. He stated that all these alignments and information involving some of the preliminary evaluations of the alignment was presented to the public in November of 2001.
Mr. Callahan stated that, based on the information received at the November meeting, they did some further evaluations and refinement of the alternatives and eliminated several of the alignments that had fatal flaws and, based on coordination with FDOT, a decision was made to postpone the SR 46 connector decisions related to its alignment and characteristics and, from that decision, they presented their initial viable alternatives at a public meeting that was held in April of this year, where they solicited public input. He stated that, using said input, they performed some additional analysis on those viable alternatives and eliminated a couple of redundant alignments that had some issues regarding impacts and, in coordination with the City of Apopka, eliminated the Vick Road corridor alignment, due to the extensive impacts along that corridor. He stated that, at this point in time, they are continuing with some of their evaluations and looking at traffic analysis, as well as interchange configurations and locations. He stated that all the alternatives of the SR 429 extension connect to the Apopka bypass and the existing SR 429 facility. He stated that the southern portion of the proposed northwest extension would serve as the western portion of the Apopka bypass. He stated that, with regard to the SR 429 northwest extension terminus options, they are carrying forward two alternatives - the southern most alternative is located at the intersection of Hwy. 441 and Old Hwy. 441 and the northern alternative ties in south of the County line.
Mr. Callahan stated that they met with the Mt. Dora City Council in September of this year, at their request, at which time they discussed what the potential impact to traffic would be, if the northwest extension of SR 429 was carried into Lake County. He reviewed two maps that were contained in the handout, one showing traffic volumes in the year 2025, if there is no northwest extension of SR 429 implemented, and the other one showing projected traffic volumes for the year 2025, if the SR 429 northwest extension is in place. He stated that the most dramatic thing is that the traffic volumes on Hwy. 441 south of the SR 429 extension would be reduced by approximately 20,000 vehicles per day. He stated that there would be a small reduction of traffic on SR 46, because some of the traffic would be rerouted to other roads, to get to the SR 429 extension. He stated that they also see a travel pattern shift, in that people will change the way they travel to Orange County, due to the introduction of the new facility, and noted that there will be some fairly small increases in traffic on some of the local roads, amounting to less than 10%, due to a redistribution of traffic with the introduction of the new facility. He stated that all the traffic assessments were based on looking at a consistent land use, noting that the travel needs that are identified and the travel benefits that are accrued with this project are based on the land use assumptions that are consistent with the County’s comprehensive plan and the comprehensive plans of other local governments. He stated that it is not the intent of this project to look at an increased level of land use, noting that the traffic and travel needs are in place today and will continue to grow, with or without this project. He stated that no shifts in land use or intensification of land use is proposed, projected, or assumed with this project. He stated that, if the project is extended into Lake County, an expansion of the travel benefits would occur, most notably on Hwy. 441, but also some other local roads, which would include SR 19 and the Round Lake corridor, as well. He stated that their current schedule for the project is contained in Orange County, has a key milestone in mid-January, wherein, the Task Force recommendations would be provided to the Orlando/Orange County Expressway Authority Board, and, based on those recommendations, they expect the Expressway Authority to take some action. He stated that, if the Expressway Authority decides to move forward with this project in Orange County and direct his firm to identify and develop a preferred alternative, they anticipate having approval of an alignment by mid-2003, which will include a public hearing. He stated that the Expressway Authority has design funding programmed for moving this project forward. He stated that there is a transportation need in northwest Orange County and in east Lake County, noting that many of the local roads are going to have some traffic burdens, as documented by previous studies, current studies, and recent projections by his firm. He stated that the planned and programmed improvements in northwest Orange County and in east Lake County will not address all the traffic problems that are identified. He stated that the SR 429 northwest extension could help meet this need and benefit many of the travel ways. He stated that the final decision on the alignments in Orange County is expected in mid-2003.
Mr. Keen readdressed the Board stating that the roads that the Expressway Authority is talking about constructing, whether they are in Lake County or Orange County, are roads that are built for the future, so that there is proper planning to take care of the growth that is going to occur, whether the roads are built or not. He noted some problems that have occurred, due to a lack of good planning in the past. He stated that their road and traffic projections are based on existing land use, so the traffic on the roads is not from increased densities.
Commr. Hanson stated that some people are concerned about what is going to happen to SR 46, west of the connection, as it comes up east of Mt. Plymouth, noting that they feel four laning SR 46 through that community would destroy it.
Mr. Keen stated that he is aware of said issue and will make sure that FDOT is aware of it, as well.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Jennifer McMurtrey, representing the Defenders of Wildlife, addressed the Board stating that the environmental community is still concerned about the Beltway issue and have evaluated how to build it with the least environmental impact, which she elaborated on. She stated that they are concerned about the piecemeal planning that has gone on and feel that there is an inadequate consideration to environmental impacts, thus their reason for trying to work together with the road building community. She stated that they approached the Expressway Authority in July of this year and asked that a Task Force be created, noting that they would like to see a regional transportation plan, to provide long term meaningful protection to the area. She submitted, for the Board’s perusal, a handout titled “Blueprint for Action”, which was put together by The Wekiva Coalition, consisting of the following organizations: Alliance to Protect Water Resources, Audubon of Florida, Defenders of Wildlife, Friends of Wekiva River, Inc., Lake Conservation Council, Seminole Audubon Society, Sierra Club, and The Nature Conservancy. She stated that the plan identifies what the Coalition is trying to protect, what the resource issues are, and some abatement strategies, to address conflicts. She stated that the “Blueprint for Action” is a framework to judge any road project, be it new toll roads, or the expansion of existing roads. She stated that they would like to see a regional plan developed; therefore, the Coalition is asking that the Board bring to the Task Force, through Commr. Hanson, plans for any future expansion of existing roads and any new roads and try to work it into the framework that the Coalition has created.
It was noted that the Board will review the information contained in the handout.
Mr. Bill Deckman, a resident of Pine Lakes, addressed the Board regarding a concern that he has about the cost of the firehouse in Astor. He questioned what was so costly about the firehouse. He then questioned what the firehouse that is located at Four Corners is costing the County.
It was noted that staff will be contacting Mr. Deckman, to discuss his concerns.
Ms. Jeannie Stepner, a resident of Apopka and a member of The Wekiva Coalition, addressed the Board regarding the issue of annexation, noting that she lives in Orange County and is faced with a lot of annexations that are happening in the Apopka area. She stated that some of the information that was presented this date by Nabors, Giblen & Nickerson is what the residents of Orange County have been trying to tell their government. She stated that a few land and homeowner groups have put together a vision for the Orange County area, which deal with such things as land preservation, aquifer conservation, land use, etc. She stated that there has been a lot of talk about land use, expressways, and cities and she feels that everyone needs to get together as a region and discuss said issues, rather than having Lake County and Orange County do their own thing. She stated that she felt the Governor, the Department of Community Affairs, the Department of Environmental Protection, and the St. Johns River Water Management District should sit down and discuss the matter and try to create a vision for this area. She is concerned that, if growth continues as it has in the past, the counties are going to run out of water and there are going to be more overcrowded schools. She stated that one of the reasons her group is present at this meeting is because they are interested in the things that will affect Lake County, because it is going to affect them, as well.
REPORTS - COMMISSIONER POOL - DISTRICT 2
PROPOSED JOINT MEETING BETWEEN LAKE COUNTY BOARD OF COUNTY
COMMISSIONERS AND LAKE COUNTY SCHOOL BOARD
Commr. Pool informed the Board that he received a request from Ms. Pam Saylor, Superintendent, Lake County School Board, to schedule a joint meeting with the Lake County Board of County Commissioners on Wednesday, February 5, 2003, at the Lake-Sumter Community College, Magnolia Room, in Leesburg, to discuss the issues of growth management and population, as well as other issues.
It was noted that the date of February 5th is in conflict with a Planning and Zoning Commission Meeting; therefore, a letter has been sent to Ms. Saylor requesting some different dates.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
COUNTY REQUIREMENT REGARDING FIRE SPRINKLERS
Commr. Hanson brought up for discussion a county requirement that fire sprinklers be installed in single family residences and the fact that it has been a problem since the requirement was put in place, in that many residents do not want fire sprinklers in their homes, as well as the fact that the sprinklers do much more damage than would have been done to the home otherwise.
Commr. Pool stated that, due to the fact that he is involved in the industry, he would abstain from the discussion, even though he is not involved in installing fire sprinklers in residential homes.
Mr. Carl Ludecke, a local contractor representing Charlie Johnson Builders, addressed the Board and discussed some problems that the requirement is causing home builders, as well as homeowners. He stated that no other adjoining counties require fire sprinklers in the homes, or fire hydrants by the street, and most homeowners do not want fire sprinklers installed in their homes. He stated that, in commercial businesses, fire inspectors check the fire sprinkler systems on a regular basis; however, in residential homes there is no such requirement, so the sprinkler systems sit there and the water gets stale and gums up the emitters, causing them not to work properly. He stated that there was a recent article in The Lake Sentinel about the recall of millions of fire sprinkler heads, because they were defective. He stated that they can cause mold problems and noted that State Farm will not insure a home if it has had water damage within the last five years and will consider canceling a policy if there has been more than one water damage claim. He suggested that the County cancel said requirement, noting that the Planning and Zoning Commission has not enforced it anyway.
Staff was asked whether they could have something for the Board, regarding the matter, at the next Board Meeting; however, it was noted that any change in the requirement would have to go before the Planning and Zoning Commission for action, before it comes to the Board of County Commissioners for approval.
Mr. Gregg Welstead, Deputy County Manager, informed the Board that he would bring the matter to the attention of the Planning and Zoning Commission as soon as possible.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
ORDINANCE REGARDING LAKE ELSIE AND BLUE LAKE
Commr. Stivender brought to the attention of the Board a request to advertise an Ordinance regarding Lake Elsie and Blue Lake.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request to advertise an Ordinance regarding Lake Elsie and Blue Lake.
REPORTS - COMMISSIONER STIVENDER - DISTRICT 3
LEGISLATIVE DELEGATION DAY
Commr. Stivender reminded the Board that Legislative Delegation Day is Wednesday, December 4, 2002, at 12:00 noon, and invited all the Commissioners to attend.
REPORTS - COMMISSIONER POOL - DISTRICT 2 (CONT’D.)
VEHICLES FOR SALE IN RIGHT OF WAY
Commr. Pool informed the Board that many people along the Hwy. 50 corridor have parked vehicles for sale in the right of way and questioned what the County can do regarding said problem.
The County Attorney, Mr. Sandy Minkoff, informed the Board that there is a Florida Statute that indicates if someone puts a vehicle for sale in a right of way and it is in place for more than 24 hours, law enforcement can put a notice on it and tow it away and, if it reappears, it can automatically be towed away.
REPORTS - COUNTY MANAGER (CONT’D.)
FLORIDA ASSOCIATION OF COUNTIES CONFERENCE
Mr. Bill Neron, County Manager, informed the Board that he would be leaving Wednesday, December 4, 2002, to go to the Florida Association of Counties Conference in Destin, Florida, and would not be returning until Friday afternoon; therefore, Mr. Gregg Welstead, Deputy County Manager, would be in charge during his absence.
PRESENTATION OF PLAQUE
Commr. Pool was thanked for doing an outstanding job during the past year, in his role as Chairman of the Board of County Commissioners, and it was noted that a plaque would be presented to him, in appreciation of said service, at a later date.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK