A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 18, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, February 18, 2003, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Robert A. Pool. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            AGENDA UPDATE

            Commr. Cadwell noted that there is an addendum to today’s agenda.  

            MINUTES

            Commr. Hill requested that the following correction be made to the Minutes of January 21, 2003, Regular Meeting:

            Page 12, Line 10 - Change “they” to “we”

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 21, 2003, Regular Meeting, as corrected.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 24, 2003, Special Meeting - City of Clermont, as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 9, as follows:

            Contractor Bonds

Request to approve Contractor Bonds, as follows:


            New

            4180-03          Richard G. Henrickson d.b.a. Henrickson Company

            4774-03          Joe P. Strickland, Jr. d.b.a. Strickland Electric Inc. (Electrical)

            4997-03          Barney W. Headrick d.b.a. Barney’s Plumbing of Debary Inc. (Plumbing)

            5702-03          Edward C. Waters d.b.a. E. C. Waters, Inc. (HVAC)

            6051-03          William R. Gamble IV d.b.a. Premier Contracting, LLC

            6052-03          Coy W. Jamerson III d.b.a. Jamerson A/C Heat & Mechanical (A/C)

            6053-03          Charles Darrell Melton

            6054-03          James W. Luebcke d.b.a. James W. Luebcke Irrigation (Irrigation/Sprinkler)

            6055-03          Desotan, Inc. d.b.a. All Types Aluminum Co.

            6056-03          Alan Wing d.b.a. Twin Lake Land and Water

 

Cancellations

 

            5508-00          Mid Fla. Heating & Air, Inc. (As of 03/21/03)

            5843-01          John A. Faust d.b.a. Diron Services, Inc. (As of 03/26/03)

 

            List of Warrants

 

            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.

 

            Audited Financial Report - Village Center Community Development District

 

            Request to acknowledge receipt of the 2002 Audited Financial Report for the Village Center Community Development District, pursuant to Florida Statutes 218.32.

 

            Satisfaction of Judgments

 

            Request to approve and authorize signatures on Satisfaction of Judgment, State of Florida vs. Walter Glomb, Case No. 2002CF001831(01), in the amount of $750.00, which fully releases Final Judgment entered on the 21st day of October, 2002, and recorded in OR BK 2242, PG 1316, of the Public Records of Lake County, Florida.

 

            Request to approve and authorize signatures on Satisfaction of Judgment, State of Florida vs. Darren Michael Glomb, Case No. 1999CF000961(01), in the amount of $750.00, which fully releases Final Judgment entered on the 15th day of November, 1999, and recorded in OR BK 1782, PG 1622, of the Public Records of Lake County, Florida.

 

            Request to approve and authorize signatures on Satisfaction of Judgment, State of Florida vs. Roy Emmery Plenge, Case No. 1996CF001410(04), in the amount of $250.00, which fully releases Final Judgment entered on the 4th day of November, 1996, and recorded in OR BK 1478, PG 2458, of the Public Records of Lake County, Florida and recorded in OR BK 614, PG 508 in Sumter County, Florida

 

            Request to approve and authorize signatures on Satisfaction of Judgment, State of Florida vs. Michael Robert Blakley, Case No. 9400661CFA01, in the amount of $250.00, which fully releases Final Judgment entered on the 11th day of July, 1994, and recorded in OR BK 1306, PG 1376, of the Public Records of Lake County, Florida.

 

            Request to approve and authorize signatures on Satisfaction of Judgment, State of Florida vs. Michael Blakeley, Vase No. 86-178-CF-A-01, in the amount of $250.00, which fully releases Final Judgment entered on the 25th day of February, 1988, and recorded in OR BK 955, PG 282, of the Public Records of Lake County, Florida.

 

            Ordinance - City of Groveland

 

            Ordinance 2003-01-01, City of Groveland - an ordinance extending and increasing the corporate limits of the City of Groveland, County of Lake, State of Florida, pursuant to the provisions of Florida Statute 171.044; annexing 7 +/- acres of Lake County thereto a certain area of land contiguous to and not embraced within the present limits of the City of Groveland (as described - Grovella Park, Groveland Farms); passed and ordained in regular session of the City Council of the City of Groveland, Lake County, Florida, the 21st day of January, 2003.

 

Ordinance - City of Groveland

 

            Ordinance 2003-01-04, City of Groveland - an ordinance extending and increasing the corporate limits of the City of Groveland, County of Lake, State of Florida, pursuant to the provisions of Florida Statute 171.044; annexing 7 +/- acres of Lake County zoned CFD to —1 in the City of Groveland thereto a certain area of land contiguous to and not embraced within the present limits of the City of Groveland (as described - Groveland Farms); passed and ordained in regular session of the City Council of the City of Groveland, Lake County, Florida, the 21st day of January, 2003.

 

            Notice of Public Hearing for Annexation - City of Groveland

 

            City of Groveland Notice of Public Hearing for Annexation, Rezoning & Small-Scale Comprehensive Plan Amendment -    Proposed Ordinances 2003-02-10, 2003-02-11, and 2003-02-12 will be considered at the following public meetings:

 

            Groveland City Council meeting as the Local Planning Agency on February 3, 2003 at 7:00 p.m.;

            Groveland City Council meeting on February 3, 2003 immediately following the LPA meeting;

            Groveland City Council meeting on February 17, 2003 at 7:00 p.m.

 

            The meetings will be held at the Puryear Building, 243 S. Lake Ave., Groveland, Florida.

 

            Florida Public Service Commission

 

            State of Florida Public Service Commission Agenda for February 4, 2003 - Item #4, Docket No. 021066 - WS - Investigation into Proposed Sale of Florida Water Services Corporation (FWSC) to a newly created entity named Florida Water Services Authority (FWSA).

 

            Please be advised that this item will be taken up at 10:00 a.m. at the Commission’s Agenda Conference on Tuesday, February 4, 2003. Location: Room 148, Betty Easley Conference Center, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.

 

            Florida Public Service Commission

 

            Application for Name Change on Certificate No. 339-W, in Lake County, from Brendenwood Water System to Brendenwood Water Systems, Inc. Docket No. 020996-WU, Order No. PSC-03-0118-FOF-WU, Issued: January 21, 2003. This docket is hereby closed, by order of the Florida Public Service Commission, the 21st day of January , 2003. Any party adversely affected by the Commission’s final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Director, Division of the Commission Clerk and Administrative Services, 2540 Shumard Oak Blvd., Tallahassee, Florida 32399-0850, within fifteen (15) days of issuance of this order, in the form prescribed by Rule 25-22.060, Florida Administrative Code; or 2) judicial review by the Florida Supreme Court, in the case of an electric, gas, or telephone utility, or the First District Court of Appeal, in the case of a water and/or wastewater utility, by filing a notice of appeal with the Director, Division of the Commission Clerk and Administrative Services, and filing a copy of the notice of appeal with the Director, Division of the Commission Clerk and Administrative Services, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.

 

Florida Public Service Commission

 

            Before the Florida Public Service Commission, Docket No. 021023-WS, Order No. PSC-03-0163-FOF-WS, Issued February 3, 2003 - In re: Joint application for approval of acquisition by Philadelphia Suburban Corporation of stock of AquaSource Utility, Inc., and resulting transfer of controlling interest of Arrendondo Utility Company, Inc., Crystal River Utilities, Inc., Jasmine Lakes Utilities Corporation, Lake Suzy Utilities, Inc., and Ocala Oaks Utilities, Inc. - Order Approving Acquisition of AquaSource Utility, Inc. By Philadelphia Suburban Corporation, by order of the Florida Public Service Commission the 2nd day of February, 2003. The Commission is required to notify parties of any administrative hearing or judicial review of Commission orders, as noted under Notice of Further Proceedings or Judicial Review.

 

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Cadwell requested that Tab 7 regarding CoachCrafters be pulled for discussion.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17, pulling Tab 7 for discussion, as follows:

            Budget Transfer - Stormwater Management

            Request from Budget and Administrative Services for a budget transfer - Stormwater Management Fund, Department of Public Works, Engineering Division, Stormwater Management Section, in the amount of $33,361.00 is requested. Transfer $33,361.00 from Professional Services to Contractual Services. Funds to purchase a Water Resource Atlas were originally budgeted in the Professional Services account, and need to be transferred to Contractual Services, per County Finance.

 

            Grant Agreement - Florida Commission for the Transportation Disadvantaged

 

            Request from Community Services for approval of the Shirley Conroy Rural Area Capital Equipment Support Supplemental Grant Agreement between the Florida Commission for the Transportation Disadvantaged and the Lake County Board of County Commissioners.

 

            Public Transportation

 

            Request from Community Services for approval for the Department of Community Services Public Transportation staff to apply for a Florida Medicaid Provider Number with the Agency for Health Care Administration.

 

            Economic Development/Tourism - Sales Agreement - Britt

 

            Request from Economic Development/Tourism for approval and execution of a Real Estate Purchase and Sales Agreement between Lake County and Robert N. and Karen P. Britt Trust for the Purchase of Lot 18, Phase I, Christopher C. Ford Commerce Park consisting of approximately 8.46 acres at $35,000.00 per acre or approximately $296,100.00.

 

            Addendum to Marsh Park Contract

 

            Request from Public Works for approval for Chairman to sign an Addendum to the Marsh Park Contract to extend the contract for two months.

 

            Resolution - Special Assessment Project

 

            Request from Public Works for approval and authorization to execute Resolution 2003-20 accepting Special Assessment Project Number 93, Holiday Road (County Road Number 9789A) and Holiday Circle (County Road No. 9789B) into the County Road Maintenance system.

 

            Final Plat for Greater Pines - Phase 9

 

            Request from Public Works for approval and authorization to accept the final plat for Greater Pines, Phase 9; all areas dedicated to the public as shown on the Greater Pines, Phase 9 plat; a Developer’s Agreement for Construction of Improvements between Lake County and The Greater Construction Corporation; a Letter of Credit for Performance in the amount of $86,939.00. Subdivision consists of 56 lots - Commission District 2.

 

            Final Plat for Greater Pines - Phase 10

 

            Request from Public Works for approval and authorization to accept the final plat for Greater Pines, Phase 10; all areas dedicated to the public as shown on the Greater Pines, Phase 10 plat; a Developer’s Agreement for Construction of Improvements between Lake County and The Greater construction Corporation; a Letter of Credit for Performance in the amount of $66,904.00. Subdivision consists of 15 lots - Commission District 2.

 


            Final Plat for Ranch Club

 

            Request from Public Works for approval and authorization to accept the final plat for Ranch Club; all areas dedicated to the public as shown on the Ranch Club plat; a Developer’s Agreement for Construction of Improvements between Lake County and Florida Land and Ranches, Inc.; a Letter of Credit for Performance in the amount of $1,123,098.46. Subdivision consists of 113 lots - Commission District 3.

 

            Deeds

 

            Request from Public Works for approval to accept five Statutory Quitclaim Deeds, two Statutory Warranty Deeds and one Temporary Non-Exclusive Easement Deed, as follows:

 

            Statutory Quitclaim Deed

 

David Lee Simmons - East Cemetery Rd. - 5-7679 - Road Project - Bk 2250 Pg 369

James Jr. & Brenda K. Simmons - East Cemetery Rd. - 5-7679 Road Project - Bk 2250 Pg 383

Raymond & Patricia R. Simmons - East Cemetery Rd. - 5-7679 Road Project - Bk 2250 Pg 380

Norda B. Welch - Everett D. Erskine - Lakeview Blvd. - Deerhaven Internal Rd. Project - Bk 2248 Pg 1206

Leonard K. & Susan M. Smith - Thoroughbred Tr. - S/A Project - Bk 2246 Pg 1225

 

            Statutory Warranty Deed

 

Dorothy L. Summersill - East Cemetery Rd. - 5-7679 Road Project - Bk 2250 Pg 375

Robert & Carolyn Wells - East Cemetery Rd. - 5-7679 Road Project - Bk 2250 Pg 372

 

            Temporary Non-Exclusive Easement Deed

 

Belva A. Codding - William H. Swartzlander - Old Hwy. 441 - 4-0500A Drainage Improvement Bk 2238 Pg 2048

 

            Town of Lady Lake - Little League Field - Guava Street Sports Complex

 

            Request from Public Works for approval of the Town of Lady Lake’s request to build a Little League Field at the Guava Street Sports Complex. The Little League Field would encroach on the parcel of land that the Town of Lady Lake has leased to the Lake County Fire Department 61 by approximately 40+ feet.

 

            Change Order - Aagaard-McNary - Clerk’s Public Records Center

 

            Request from Public Works for approval to execute a Change Order to Aagaard-McNary in the amount of $12,314.00 and a second Change Order to Aagaard-McNary in the amount of $6,728.00; and approval of the transfer of funds in the amount of $8,492.00 to complete this project close out for the Clerk’s Public Records Center.

 

            Advertise Road Vacation Petition No. 994 - Laurie Crews

 

            Request from Public Works for approval of Resolution 2003-21 to advertise Vacation Petition No. 994 by Laurie Crews to vacate easements in the unrecorded Plat of Bloomfield located in Section 21, Township 20 South, Range 25 East in the Yalaha area - Commission District 3.

 

            Advertise Road Vacation Petition No. 997 - Charles O. Kuharske

 

            Request from Public Works for approval of Resolution 2003-22 to advertise Vacation Petition No. 997 by Charles O. Kuharske to vacate easement located in Section 16, Township 23 South, Range 24 in the Plat of Groveland Farms, Groveland area - Commission District 2.

 

            JOBS GROWTH INVESTMENT TRUST FUND - COACHCRAFTERS, INC.

            Commr. Cadwell addressed the request from Economic Development/Tourism for approval to award $117,000.00 from the Jobs Growth Investment Trust Fund to CoachCrafters, Inc. for the creation of 36 new jobs paying at least the required $13.36 per hour and execution of all related documents and stated that he wanted to highlight this company, because they are also doing some light manufacturing and assembly, as opposed to just distribution. He stated that this is a little different than what they have been doing at the industrial park.

            Mr. Greg Mihalic, Director of Economic Development/Tourism, addressed the Board and stated that they are shifting over to more owner/users and manufacturing, which produces more high wage jobs than just typically distribution companies. He stated that CoachCrafters has under contract one of the sites at the industrial park, and they are building a new facility and opening a new division from their Minnesota operation. He further stated that they are creating 36 jobs, some of which have annual salaries as high as $80,000. Mr. Mihalic stated that this is the kind of company they want to recruit to the park, and the kind of positions they want to bring into Lake County, to offer diversified jobs to Lake County residents, so they do not have to drive somewhere else for their jobs. He noted that CoachCrafters has some business dealings with Disney, and they are coming here because they liked the quality of Lake County and felt that Lake County had better transportation networks and more reasonable prices.

            Commr. Cadwell stated that the Jobs Growth Investment Trust Fund (JGITF) will be lowered with the approval of this request and because the Board did not budget the JGITF as they had in the past. He stated that the instruction from the Industrial Development Authority (IDA) and himself, as a member, was to continue to go after companies and, as the projects come forward, they will be brought to the Board. They will not slow down their momentum just because the Board did not budget $200,000 as they have in the past, but budgeted $100,000. It was noted that, after this award, the balance of the fund will be $54,250.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Economic Development/Tourism for approval to award $117,000.00 from the Jobs Growth Investment Trust Fund to CoachCrafters, Inc. for the creation of 36 new jobs paying at least the required $13.36 per hour and execution of all related documents.

            PUBLIC HEARING -

FEDERAL FISCAL YEAR (FFY) 2003 ACTION PLAN PRE-PUBLICATION

            PUBLIC HEARING ON THE PROPOSED USES OF FISCAL YEAR (FY) 2003-2004

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS

 

            Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, is here to go over the proposed uses for the CDBG funding for FY 2003-04.

            Ms. Liz Eginton addressed the Board and stated that today’s hearing is the start of the FY 2003-04 CDBG funding cycle, in preparation of the FFY 2003 One Year Action Plan. According to the citizen participation plan, which is part of the consolidated plan, the first step is to hold a public hearing prior to publication. The intent of the hearing is to provide opportunities for public comment on community needs, program performance, and proposed uses of funds for the coming year. Ms. Eginton stated that she will take a brief look at what has been accomplished to date and present a preliminary budget concept for FY 2003-04 and, after the public has a chance to comment on the concept budget, staff will request the Board to approve the concept budget, in order to complete next year’s Action Plan. At this time, Ms. Eginton reviewed some of the actual accomplishments that happened in the first four months of this fiscal year and stated that, because these programs have proven to be successful, they would like to continue the activities next year, as outlined in the consolidated plan. Their next year’s entitlement is expected to increase by $63,000 for a total of $986,000. Ms. Eginton suggested strongly that the County continue to budget general revenue funds to supplement the Health Department’s allocation for prescription assistance, and staff is requesting that the Board approve the concept budget, which will allow them to proceed with preparation of the FFY 2003 Action Plan.

            Commr. Cadwell opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.

            Commr. Stivender made a motion, which was seconded by Commr. Pool, to approve the preliminary concept of the Federal Fiscal Year (FFY) 2003 Action Plan on the proposed uses of Fiscal Year (FY) 2003-2004 Community Development Block Grant (CDBG) funds.

            Under discussion, Commr. Hanson stated that she was real happy about the prescription assistance, because it was much needed for several years.

            Ms. Eginton extended her appreciation to Mr. Strait Hollis, Community Development Specialist, who has done a wonderful job administering the program, and Commr. Cadwell extended his appreciation to Ms. Eginton and Mr. Smith for all of their hard work.

            PUBLIC HEARING -

ORDINANCE AMENDING MEMBERSHIP OF PLANNING AND ZONING

COMMISSION TO ADD A SCHOOL BOARD MEMBER

 

            Mr. Sandy Minkoff, County Attorney, presented the Board with a revised Ordinance and explained that it contains changes in Section 13.04.02 and 13.04.04 from ten (10) members to eleven (11) members. Mr. Minkoff stated that, when staff originally prepared the Ordinance, the School Board representative was to be a voting member, even though the Planning and Zoning (P & Z) Commission recommended that the new member be a nonvoting member. A copy of the P & Z Commission minutes were distributed for review.

            Commr. Cadwell presented a letter from the Lake County School Board asking that the School Board member be a full voting member and stated that the Board will have this discussion when they have the public hearing.

            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2003-13, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTION 13.04.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED MEMBERSHIP, APPOINTMENT, REMOVAL, TERMS, VACANCIES, APPROPRIATIONS, FEES AND OTHER INCOME; PROVIDING FOR AN INCREASE IN MEMBERSHIP FOR THE PLANNING AND ZONING COMMISSION FROM TEN (10) TO ELEVEN (11) MEMBERS; PROVIDING FOR THE ADDITIONAL MEMBER TO BE RECOMMENDED BY THE LAKE COUNTY SCHOOL BOARD; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.

 

            Commr. Cadwell clarified that the proposed Ordinance before the Board is to have the School Board member as a nonvoting member.

            Commr. Cadwell opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.

            Commr. Cadwell stated that, from the workshop with the School Board, he feels that, in order to be true partners, the member should be a voting member.

            Commr. Cadwell recognized a person in the audience who wished to address the Board and, with the consensus of the Board, he reopened the public hearing.

            Ms. Nora Thompson, District 5, addressed the Board and stated that she is very interested in the School Board activities, and what the Board of County Commissioners are doing. Ms. Thompson stated that what she saw at the joint workshop meeting, at the Lake-Sumter Community College’s Magnolia Room, on February 13, 2003, was a beginning of what has been needed for a long time. Ms. Thompson explained that she has developed a “grass roots” idea, which she chooses not to present at this time, but she wants the Board to know that she is meeting many people in the community who are very concerned about the schools. She is glad that the Board is addressing issues with the School Board, and the League of Cities, and she feels that there are possibilities that would be very beneficial to the County and bring money into the schools. She feels that the Board needs to demand a reevaluation of the lottery use of education dollars, and they need to determine that, if people are going to campaign on education issues at the higher level, they give money to the County. She stated that Tallahassee needs to start sending the County money, because they have a problem that needs a lot of help. She does feel that the School Board member should be a voting member.

            Commr. Cadwell stated that the first meeting of the Joint Committee for School Impact Solutions will be held February 25, 2003, at 1 p.m., in the Board Meeting Room, Administration Building. He asked Ms. Thompson to come to that meeting, because there will be an opportunity for anyone to bring constructive information and ideas to the table. Commr. Cadwell stated that the Board appreciated Ms. Thompson’s help in the past with the penny sales tax, as well as with the Children’s Commission.

            Commr. Hanson felt that her comments were perhaps misconstrued in an article in “The Orlando Sentinel” that was written by Ms. Lauren Ritchie, which suggested that they “not think outside the box”. She stated that she was trying to suggest that, as they move forward, it is an opportunity to look at more than just dollars that will be thrown into the system, but to reevaluate how the system operates and determine whether there is a way to utilize facilities in a more efficient and effective manner. If facilities are used perhaps 25% to 30% of the time, it is common business that you are going to evaluate the use of those facilities, and there may not be any way that they can be used better but, she would hope that the committee, as well as the School Board, would look at how that can be done.

            Commr. Cadwell stated that, at the time, he was thinking about recreation but, after thinking about Commr. Hanson’s comments, she is correct because the more uses you can have for a facility, the more funding partners there may be.

            Commr. Stivender stated that these are some of the issues the Board had previously discussed, such as the schools having libraries. She stated that the schools and the County may have services that can be combined to avoid duplication.

            Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

            Commr. Hanson agreed that the School Board member should be a voting member.

            Commr. Hill stated that, when the legislature created this position and ordinance, the member could not be an advocate for the school and bring evidence to the cases and that is her only problem with this procedure. She stated that they need someone that is going to give them accurate projections to their future facility uses, and she is not sure that this person is going to be the person that can do that but they have to understand they are quasi-judicial.

            Commr. Cadwell stated that it was his understanding that the School Board will still provide staff that will present information and testimony, and this person is just going to be an advocate of the school system just like a real estate broker on the P & Z Commission who would be a advocate of the real estate business. He stated that he would prefer the member to be a School Board member, but that will be entirely up to the School Board.

            Mr. Minkoff stated that they did have this discussion, and there will still be the need for the School Board, if they feel that a rezoning should not be passed, to provide evidence because, without evidence, neither the P & Z Commission, or the Board, can deny it. He feels that the member would not be a staff person, or the planner, but would be someone that would have the school interest and knowledge at heart. He noted that, if the Board was to make the change to the Ordinance, they would change, on Page 2, Line 10, the word “nonvoting” to “voting”. Mr. Minkoff also explained that the Statute says that the Board has to have their designee, and it does not say one way or another that the designee has to be resident of the County.

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve Ordinance 2003-13, as read by title only and, as amended, to read “voting” member.

            Under discussion, Commr. Cadwell stated that, when they send the letter asking for the School Board’s appointee, if it is all right with the Board, he will encourage them to appoint one of their Board members as that member of the P & Z Commission.

            Mr. Minkoff clarified that the motion included the amendment to Section 13.04.04, as well as Section 13.04.02.

            Commr. Cadwell called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            CITIZEN QUESTION AND COMMENT PERIOD

            It was noted that no one present wished to address the Board with questions, comments or concerns.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            LEGISLATIVE REPORTS

            Mr. Bill Neron, County Manager, informed the Board that he, along with Mr. Fletcher Smith, Director of Community Services, and Ms. Sarah LaMarche, Director of Budget and Administrative Services, are meeting every Tuesday morning and participating in a legislative lobbying call with the Florida Association of Counties where they are getting weekly updates on the status of various legislative bills that are coming up before the legislature. Staff is working on a format for a “report card” that they can give to the Board on a periodic basis. He would like to start sometime in March, at the weekly Board meetings, to give a very brief legislative report as to some of the things that are happening in Tallahassee, so that they can keep everybody informed, if that is acceptable to the Board. The Board found it to be acceptable.

            JUVENILE JUSTICE

            Commr. Cadwell informed the Board that, on Wednesday, while he is in Tallahassee, he will be testifying before the House (Criminal Justice Committee) in regards to juvenile justice and how that affects the counties and Lake County, and he has those comments, if any Board member wanted a copy.

            OTHER BUSINESS

            APPOINTMENTS TO THE PEAR ADVISORY COMMITTEE

            Discussion occurred regarding appointments to the Palatlakaha Environmental and Agricultural Reserve (PEAR) Advisory Committee, with Commr. Cadwell questioning whether he could appoint someone outside of his district, since he has no applicants from District 5.

            Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the reappointments of Egor Emery and Bernie Yokel, for District 4.

            Under discussion, Mr. Sandy Minkoff, County Attorney, suggested that Commr. Cadwell’s appointment be postponed until the next meeting, to allow him time to review the Ordinance, because it may prohibit an appointment outside of his district.

            Commr. Cadwell called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the reappointment of Sean Parks, for District 2.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of David Orozco, for District 2.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Christiane Delgleize, for District 5, if the Ordinance allows.


            ADDENDUM NO. 1

            RESOLUTION TO ALTRUSA

            Commr. Hill stated that she will be presenting the Resolution congratulating and thanking

Altrusa for their 20th Anniversary, on March 1,2003, at their symposium.

            Commr. Hill made a motion, which was seconded by Commr. Stivender, to approve Resolution 2003-19 of congratulations and thanks to Altrusa for their 20th Anniversary.

            Under discussion, Commr. Hanson stated that the notice of the symposium went out in the paychecks and hopefully they will have a good turnout on March 1st.

            Commr. Cadwell called for a vote on the motion, which was carried unanimously by a 5-0 vote.

            Commr. Stivender stated that Altrusa will also be doing a dedication in Wooten Park on March 27, 2003.

            REPORTS - COMMISSIONER POOL - DISTRICT #2

            PIG ON THE POND

            Commr. Pool informed the Board that South Lake County Community Foundation will be having their annual “Pig on the Pond” event on February 28th and March 1st.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

            RENAISSANCE FAIR

            Commr. Stivender informed the Board that the Renaissance Fair turned out very well and there was a good turn out.

            TRACTOR PULL - FAIRGROUNDS - AGREEMENT FOR BLEACHERS

            Commr. Stivender stated that she noticed that the tractor pull was coming up at the fairgrounds, and she remembered their conversation on saying that they needed to go ahead and get the bleachers there, because this has been an ongoing problem. She found out through Mr. Jim Stivender, Director of Public Works, that the bleachers have been ordered but they will not be here until April for the County Fair, and not for the tractor pull. Staff came up with the idea of renting the bleachers to them, and she wanted to update the Board on this issue.

            Mr. Bill Neron, County Manager, stated that, after talking to Mr. Stivender, staff is going to contact both Seminole and Osceola Counties, and some of the other surrounding counties, to see whether they may have portable bleachers they can borrow and, if not, they will go ahead and rent for this one event. Mr. Neron stated that the County is purchasing portable bleachers, so that it will be a resource and asset that can be used in the community.

            REPORTS - COMMISSIONER HANSON - DISTRICT #4

            OVERTIME PAY

            Commr. Hanson stated that, in the interest of the County’s tight budget and, as the Board is moving forward with its budget, she would like to ask the County Manager to look into eliminating all overtime pay at this time. She felt that, rather than freezing positions, this would be a constructive item to consider.

            Mr. Bill Neron, County Manager, stated that there are some areas where it would be possible and other areas, such as fire and other places, it would cause a problem, but he will bring a full report back to the Board.

            RECOGNITION OF PATTI MICHEL

            Commr. Cadwell stated that Ms. Patti Michel, Public Information Officer, will be leaving the County to work with the St. Johns River Water Management District, and the Board wanted to extend their appreciation for her service to Lake County.

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5

            COMMISSIONERS

            Commr. Cadwell informed the Board that he will not be at the first meeting on March 4, 2003, because he will still be in Washington.

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:40 a.m.

 

 

            

                                                                                                                                                        

                                                                                    WELTON G. CADWELL, CHAIRMAN ATTEST:

 

 

 

 

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JAMES C. WATKINS, CLERK