A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 18, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, March 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; Melanie Marsh, Assistant County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, noted that there is an addendum to today’s agenda, which includes a presentation by Mr. Emogene Stegall, Supervisor of Elections. Mr. Neron requested that Tab 24 regarding Bridges Glen Subdivisions be pulled from the Consent Agenda, to be scheduled at a later date.
MINUTE APPROVAL
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 28, 2003 (Regular Meeting), as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 11, 2003 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 13, 2003 (Special Joint Meeting with School Board), as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 21, 2003 (Special Joint Meeting with the City of Mount Dora), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, as follows:
Bonds - Contractor
Contractor Bonds, as follows:
New
5528-03Michael Laurito d.b.a. Dependable Heat & Air Cond., Inc.
6059-03William Cuddy d.b.a. Emerald Plumbing of Central FL, Inc.
6060-03Jerald A. Davis d.b.a. Jerry Davis Irrigation Services, Inc.
6061-03Mark Thornburg d.b.a. Mark’s Quality Plumbing
6062-03Gene Wine d.b.a. Lake Pool & Tile, Inc.
6063-03Felix Martin (Electrical)
Cancellation
6023-03Violet Fay Clary d.b.a. Foshee Construction Co.
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.
Satisfaction of Judgment - Charlie W. Harrison
Request to approve and authorize signatures on Satisfaction of Judgment - Case No. 01-CJ-1380 - In the Interest of Charlie W. Harrison, in the amount of $500.00, which fully releases Final Judgment entered on the 29th say of November, 2001, and recorded in O.R. Book 02036, Page 0362, of the Public Records of Lake County, Florida, against Charlie W. Harrison and Parent Dephine Harrison.
Public Hearing - Proposed Ordinances - City of Tavares
Request to acknowledge receipt - The City of Tavares Notice of Public Hearing. Proposed Ordinances 2003-14 (annexation) and 2003-15 (rezoning) will be considered at the following public meetings which will be held in the Tavares City Council Chambers in City Hall at 201 East Main Street, Tavares, Florida:
1. Planning and Zoning Board meeting, March 6, 2003, 3:00 p.m.; and
2. Tavares City Council meeting, March 19, 2003, 5:30 p.m.; and
3. Tavares City Council meeting, April 2, 2003, 5:30 p.m.
Notice of Future Land Use Map Change - City of Tavares
Request to acknowledge receipt - The City of Tavares, Notice of Future Land Use Map Change. A public hearing shall be held by the Planning and Zoning Board on March 6, 2003 at 3:00 p.m. and by the City Council on March 19, 2003, 5:30 p.m. and the Local Planning Agency and City Council on April 2, 2003, 5:30 p.m., Tavares City Council Chambers, 201 East Main Street, Tavares, Florida.
Request to acknowledge receipt - The City of Tavares, Florida, proposes to adopt Ordinance No. 2003-13, an ordinance of the City of Tavares, Florida amending the Tavares Comprehensive Plan Future Land Use Map 2010, providing for small scale future land use amendments for properties as described herein; providing for severability and conflicts; providing for transmittal; and providing for an effective date.
Ordinances from the City of Leesburg
Request to acknowledge receipt - Ordinance No. 03-22, City of Leesburg, Florida, annexing approximately 2.41 acres in Section 21, Township 19 South, Range 25 East, which is contiguous to the City limits of the City of Leesburg, Florida; and rezoning such annexed territory from County LM (Light Manufacturing) to City P (Public).
Request to acknowledge receipt - Ordinance No. 03-27, City of Leesburg, Florida, amending Ordinance No. 00-50 passed on October 9, 2000, to correct a scrivener’s error in the legal description.
Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, on February 24, 2003.
Ordinance from the City of Eustis
Request to acknowledge receipt of the following -
Ordinance No. 03-01, annexing .95 +/- acre parcel on the north side of U.S. Highway 441, West of East Crooked Lake Drive. Effective date 2/6/03.
Ordinance No. 03-03, annexing a 2.01 +/- acre parcel east of the Fairway Drive and Pine Meadows Golf Course Road intersection, and a 6.0 +/- acre parcel along Pine Meadows Golf Course Road. Effective date 2/6/03.
Ordinance 03-06, annexing .39 +/- acres along East Crooked Lake Drive. Effective date 2/20/03.
Ordinance 03-08, annexing .57 +/- acres at 2720 East Crooked Lake Drive. Effective date 2/20/03.
Ordinance 03-10, annexing .17 +/- acres at 2222 Titcomb Street. Effective date 2/20/03.
Ordinance 03-12, annexing .27 +/- acres at 1791 Westmoreland Ave. Effective date 2/20/03.
Ordinance 03-14, annexing .34 +/- acres at 1709 North Court. Effective date 2/20/03.
Ordinance 03-16, annexing .93 +/- acres at 3101 Kurt Street. Effective date 2/20/03.
Ordinance 03-18, annexing 8.6 +/- acres at 36019 S. Fish Camp Rd. Effective date 2/20/03.
Ordinance 03-20, annexing .29 +/- acres along Country Club Road. Effective date 2/20/03.
Ordinance 03-27, annexing subdivision known as “Park Place on Lake Joanna,” approximately 112.6 acres, located southwest of the intersection of CR 44-B and SR 44. Effective date 2/20/03.
Ordinances from the City of Groveland
Request to acknowledge receipt - Received the following copies of Ordinances from Land Planning Group (LPG) pertaining to City of Groveland annexations:
Ordinance 2003-02-07 - Annexing 7.5 +/- Acres of Lake County Zoned AR to R-3 - Sudhir and Jayshree Bhagani, property owners, Cherry Hill Subdivision, legal description as described, passed and ordained in regular session of the City Council of the City of Groveland, Lake County, Florida, the 17th day of February, 2003.
Ordinance 2003-02-09 - Annexing 97 +/- Acres of Lake County - Carcer Enterprises, Inc., Herb Smith Construction, Inc., and Drinda Strawbridge, property owners, legal description as described, passed and ordained in regular session of the City Council of the City of Groveland, Lake County, Florida, the 17th day of February, 2003.
Ordinance 2003-02-10 - Annexing 10 +/- Acres of Lake County - Britt H. Barnes, Inc., property owner, legal description as described, passed and ordained in regular session of the City Council of the City of Groveland, Lake County, Florida, the 17th day of February, 2003.
Ordinances from the Town of Lady Lake - Military Leave
Request to acknowledge receipt - Ordinance 2003-01, An Ordinance of the Town Commission of The Town of Lady Lake, Florida, Adopting a Military Leave Policy and Providing an Effective Date, which was passed and ordained by the Town Commission of the Town of Lady Lake, Florida, the 3rd day of February, 2003.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 27, pulling Tab 24 regarding Bridges Glen Subdivision, which will be rescheduled; and Addendum No. 1, Items. I. A. and B., as follows:
Budget Transfer - Information Technology
Request from Budget and Administrative Services for a budget transfer - County Transportation Trust Fund, Department of Public Works, Special Services Division, in the amount of $9,000.00 is requested. Transfer $9,000.00 from Reserve for Operations to Machinery & Equipment. Information Technology has requested the computer server be replaced this fiscal year, to assist in the migration from the current operating system to a Windows environment.
Budget Transfer - Constitutional/Sheriff
Request from Budget and Administrative Services for a budget transfer - General Fund, Constitutional Offices/Sheriff, in the amount of $28,143.00 is requested. Transfer $28,143.00 from Reserve for Operations to Transfer/Bailiffs - Deputies/Assts ($24,043.00) and Transfer/Bailiffs - Other Expenses ($4,100.00). The Sheriff is requesting a new Court Deputy position. The cost in salary and benefits for the position for the period of April 1 to September 30, 2003 is $24,043.00. The cost to purchase equipment for this position is $4,100.00. Funds available in Reserve for Operations account.
Resolution - County Transportation Trust Fund
Request from Budget and Administrative Services for approval of Resolution 2003-31 to amend the County Transportation Trust Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $45,000.00 deposited into State and Community Highway Safety and provide appropriations for the disbursement for Machinery & Equipment for retroreflectivity measurement equipment.
Contract - Adapco, Inc.
Request from Procurement Services for approval to award contract for six Mosquito Management Monitor III’s with GPS locators and six pump boxes to Adapco, Inc. and authorize the trade-in of the six Monitor II’s.
Proclamation - Purchasing Month
Request from Procurement Services for approval of Proclamation 2003-30 declaring March 2003 as “Purchasing Month.”
Surplus to County
Request from Procurement Services for approval to declare items on attached lists surplus to County; authorize removal from County records of the Lost and Traded-In items; authorize disposal of the items on the Disposal List at public auction to the high bidder; and authorize the Procurement Services Director to sign the vehicle titles for the units that will be auctioned.
Contract Amendments - Professional Engineering Consultants, Inc.
BCI Engineers & Scientists, Inc.
Request from Procurement Services for approval and authorization to execute contract amendments (RFP 02-044) for Professional Engineering Consultants, Inc. and BCI Engineers & Scientists, Inc. to increase the dollar limitations under the continuing contract and authorize a one-year renewal subject to the County Attorney approval.
Contract - Transportation Engineering, Inc. - Hartwood Marsh Road PD&E Study
Request from Procurement Services for approval and authorization to award RFP 03-028, encumber funds and authorize contracts, subject to the County Attorney approval, to Transportation Engineering, Inc. for the Hartwood Marsh Road Project Development & Environmental Study in the amount of $375,000.00.
Renewal of Agreement - South Lake Wellness Center (SLWC)
Request from Risk Management for approval of renewal of Agreement for Health and Fitness Services provided by the South Lake Wellness Center (SLWC).
Privacy Policy Statement - Group Health Plan - HIPAA
Request from Risk Management for approval and acceptance of the Privacy Policy Statement for Group Health Plan for Health Insurance Portability and Accountability Act (HIPAA) Compliance that describes the permitted uses and disclosures of personal health information (PHI), restrictions, confidentiality, complaints, and the responsibility of the parties that handle or have access to PHI with regard to the Self-Insured Group Health Plan.
Certification - Group Health Plan - HIPAA
Request from Risk Management for approval and acceptance of the Certification for Group Health Plan for Health Insurance Portability and Accountability Act (HIPAA) Compliance as it describes the appropriate safeguards and provisions for the handling of personal health information (PHI) in the Self-Insured Group Health Plan per the Privacy Rule of the HIPAA.
Privacy Official Policy - Group Health Plan
Request from Risk Management for approval and acceptance of the Privacy Official Policy which outlines the essential functions of the Privacy Official and acceptance and approval of the Privacy Training Policy that describes the administrative requirements for training with regard to the Privacy Rules related to personal health information (PHI) in the Self-insured Group Health Plan.
Terrorism Insurance Coverage - Storage Tank Liability Policy
Request from Risk Management for approval to continue terrorism insurance coverage for Lake County’s Storage Tank Liability policy with Commerce & Industry as provided under Federal Government’s Terrorism Risk Insurance Act effective 11/26/02.
Representative Appointee on FEMA Board
Request from Community Services for approval to authorize Fletcher Smith or an alternate designated by him to serve as Lake County Government’s representative on the FEMA Board; authorize an employee from the Public Safety Department designated by the Department Director to serve on the Board; authorize the submission of a direct application for funding as a Local Recipient Organization or Fiscal Agent/Conduit for a Local Recipient Organization if directed by action of the FEMA Board; authorize advertisement, development and submission of the required Board Plan including signature of the elected FEMA Board Chairperson on the Plan; and authorize Community Services Department to manage the program and prepare required plans, reports and other related documents as directed by the FEMA Board and/or required by FEMA.
Surplus Property - Sun Eden Subdivision - Yalaha Area
Request from Economic Development/Tourism for approval to declare surplus, list with realtor and sell property described as the easterly 35 feet of Lot 4, Block A, Sun Eden Subdivision in the Yalaha Area (Alternate Key 1275946) and approval of the execution of all related documents.
Peri Formwork Systems, Inc. - Lake County Commerce Park
Request from Economic Development/Tourism for approval of the sale of Lot 29 consisting of approximately 10.34 acres of Phase II in the Lake County Commerce Park to Peri Formwork Systems, Inc. at a price of $35,000.00 per acre or approximately $361,900.00 and approval to execute all related documents.
Release of Fine
Request from Growth Management for approval and execution of Release of Fine for Scott Dunn - Order of Fine in the amount of $2,225.00, dated October 17, 2002, and recorded in OR Book 2192, Pages 1804 through 1805 of the Public Records of the Clerk of Court of Lake County, Florida, on October 18, 2002.
Interlocal Agreement - Lease Agreement - City of Clermont
Request from Growth Management for approval of Interlocal Agreement with the City of Clermont dealing with provisions of Permitting, Building/Fire Inspection, Plan Review Services and Contractor Licensing & Regulation, Lease Agreement with the City of Clermont to provide office space and provide the City of Clermont with percentage of building/fire permit fees collected.
Donation - Fire Truck - Shriner’s Bahia Fire Brigade of Lake County
Request from Public Safety for approval to donate a surplus fire truck to the Shriner’s Bahia Fire Brigade of Lake County. This 1970 Hahn fire truck, property number 16533 (22420X) has been place in surplus and is of no value to Lake County Fire Rescue. Parts are obsolete and it is not cost effective to maintain it as an active piece of equipment.
Grant - Community Emergency Response Team Program
Request from Public Safety for approval to apply for a grant of $12,000 for expansion of the Community Emergency Response Team (CERT) Program in Lake County.
Interlocal Agreement - City of Eustis - Security at Farmers’ Market
Request from Public Works for approval and signature on Interlocal Agreement between Lake County and the City of Eustis for provision of security at the Lake County Farmers’ Market.
Amendment 3 - State Funds for Arthropod Control
Request from Public Works for approval and signature on Amendment 3 amending the State Funds for Arthropod Control FY 2002-2003.
Resolution- Central Florida Metropolitan Planning Organization
Request from Public Works for approval and signature on Resolution 2003-32 to admit Polk Transportation Planning Organization (TPO) membership into Central Florida Metropolitan Planning Organization (MPO) Alliance and approve a representative to sign the Central Florida MPO Alliance Resolution that will admit Polk TPO at the next meeting.
Final Plat - Lake Meadows
Request from Public Works for approval and authorization to accept the final plat for Lake Meadows and all areas dedicated to the public as shown on the Lake Meadows plat. Subdivision consists of three lots - Commission District 5.
Final Plat - Crescent Lake Club
Request from Public Works for approval and authorization to accept the final plat for Crescent Lake Club, Lot 46 - Replat. Subdivision consists of one lot - Commission District 2.
Guardian Ad Litem Program
Request from Public Works for approval and signature on a three and a half year lease agreement for office space for the Guardian Ad Litem program, the transfer of additional funding for rent and utilities and permission to sublet or assign the current leased space on Alfred Street.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA
Resolution - Local Agency Program (LAP) Projects
Request from Budget and Administrative Services for approval of Resolution 2003-33 to amend the County Transportation Trust fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $325,000.00 deposited into Local Agency Program (LAP) Projects and provide appropriations for the disbursement for LAP Projects.
Agreement - Robert N. and Karen P. Britt Trust - Lake County Commerce Park
Request from Economic Development/Tourism for approval of an Agreement between Lake County and Robert N. and Karen P. Britt Trust regarding the construction of Justice Place in the Lake County Commerce Park and approval to execute related documents subject to County Attorney review and approval.
SHERIFF UPDATE - HOMELAND SECURITY
Commr. Cadwell stated that staff had invited the Sheriff here today to give them an update on homeland security, in the event of an escalation of the Threat Advisory to “Red” by the President of the United States.
Sheriff George E. Knupp, Jr. stated that he is here today to bring them up to date on their plans, when the war begins. Sheriff Knupp stated that they are about two days out and his people have been working with Mr. Steve Nash, Director of Public Safety, and the Lake County School Board to make sure that they have all of the bases covered. At this time, he asked Major Claude Gnann to present their plans.
Major Gnann explained the preparations the Sheriff has made for homeland defense noting that he is the Logistics Officer for the Governor’s Anti-Terrorism Task Force in this region. He explained that last night all of their troupes were briefed and, in the event that they go to a “red” alert, the Sheriff is going to suspend all leaves and vacation. The Emergency Operations Center (EOC) will be opened the minute they go to “red”, and it will be running 24 hours a day. At this time, Major Gnann explained the procedures that will be followed for the downtown Tavares complex, as noted in his handout material. Major Gnann stated that the School Board felt that they would close schools for about two days, if the “red” alert occurs during school hours, and he explained the procedures that will be taken by the Sheriff’s staff at the schools. He also noted that the cleaning crews will need to call the Sheriff’s Office for check-in, and the Sheriff is going to have a roving patrol at night for the governmental complex. He explained the procedures the Sheriff is taking for water storage and noted that all pertinent vehicles are being fueled for standby.
Sheriff Knupp addressed the Board and suggested that the County might want to take the same posture they have in reference to fuel tanks.
Mr. Bill Neron, County Manager, extended his appreciation to the Sheriff for his cooperation with Mr. Nash and the Public Safety Department. In talking with Mr. Nash yesterday, Mr. Neron stated that staff is going to go ahead and configure the training room into the EOC. Staff is also working with all of the employees to make sure they have their identification badges, and they will most likely have access only through the main entrance. They are also working on a visitor’s badge and a sign-in and sign-out procedure, and that will require them using some existing employees to help at the front desk, to help implement some of these procedures. He feels that they are in a good position in working with the Sheriff’s Office, and they have a good line of communication open with them.
Commr. Pool stated that he feels Lake County is well prepared, and he appreciates the coordination effort between the Sheriff, Mr. Nash, and Mr. Neron in preparing the County for whatever may come their way.
PRESENTATION - EMOGENE STEGALL, SUPERVISOR OF ELECTIONS
CHANGING OF PRECINCT BOUNDARIES
Ms. Emogene Stegall, Supervisor of Elections, addressed the Board to request approval of a change to Precinct 73, which is located at The Villages. Ms. Stegall stated that there are 3,033 registered voters in that precinct, and she would like to split Precinct 73 and create Precinct 96, which would leave 1,573 in Precinct 73 and 1,460 in Precinct 96. The polling place would be the New Episcopal Church, and the building meets all of the ADA requirements and has a large paved parking area.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Ms. Emogene Stegall, Supervisor of Elections, to split Precinct 73 (The Villages), and to create Precinct 96.
CITIZEN QUESTION AND COMMENT PERIOD
PALATLAKAHA ENVIRONMENTAL & AGRICULTURAL RESERVE (PEAR)
Ms. Mary Remer, resident of The Plantations of Leesburg, and a member of the Palatlakaha Environmental & Agricultural Reserve (PEAR) Association, addressed the Board to remind them that they had been extended an invitation to the “A Day on the River” event, on Saturday, March 29, 2003, at 10 a.m., to take part in the dedication of the Dr. Joseph Stephany Memorial Nature Trail. Ms. Remer stated that the public is invited to attend the event. She stated that the PEAR Park needs public access off of US Highway 27, and she encouraged the Board to consider purchasing the frontage east of the PEAR Park, which is on US Highway 27 directly across the entrance to Highlands Lakes. Ms. Remer stated that they have many plans for the PEAR Park in the future, and one of them includes developing the wetlands area of the park. They applied for a grant from the Lake County Water Authority, and their request was denied solely because the park is not open to the public. She asked that the Board pay more attention to that area, and to the PEAR Park.
Commr. Hanson stated that the Trust for Public Lands has been involved with the park, and the property is under contract on US Highway 27 through those funds. She stated that the property is critical for that park.
Ms. George Wolf, President of the PEAR Association, and a resident of Hawthorne at Leesburg, addressed the Board and presented the Board members with a packet of information for their consideration. Mr. Wolf stated that the State of Florida transferred the PEAR site to Lake County in the spring of 2001. The officials in Tallahassee approved a management plan in the summer of 2002, and this conceptual master plan essentially follows the plan adopted by the PEAR Association in the spring of 1998. He stated that the Association is endeavoring to put in motion the vision of their original group under the leadership of Ms. Cathy Benton and Dr. Joe Stephany. He explained that right now the site must be kept locked to protect equipment belonging to Lake County Parks and Recreation, and their personnel must arrange for special permission to get on the site. They built a 1.3 mile hiking trail, but the public has no access, and they are waiting to plant trees. Mr. Wolf discussed the section of land that is very valuable to them, which would afford an entrance to their facility, and the Association was urging the purchase of the 50 acre parcel that adjoins the PEAR site. Mr. Wolf presented the Board with a petition that had 153 signatures of local residents and invited the Board to attend the event to show their concern for the future of the PEAR facility.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
HOUSING ASSISTANCE PLAN - DEFERRED PAYMENT - SANFORD
Mr. Fetcher Smith, Director of Community Services, addressed the Board to discuss the request for approval to forgive the deferred payment loan for home purchase assistance to Mr. and Mrs. John A. and Shannon M. Sanford, per the guidelines of the Housing Assistance Plan, and the review by the Affordable Housing Advisory Committee. Mr. Smith noted that the recommendation from the Committee is not to forgive this loan.
Commr. Cadwell stated that staff, or Affordable Housing, was going to do more research on this issue, and he questioned whether there was a pressing reason to address this issue today.
Mr. Smith stated that the item could be postponed, in order for staff to get further information.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to table Tab 28 regarding John A. and Shannon M. Sanford, as noted, with the item being rescheduled in two weeks.
INTERLOCAL AGREEMENT - LADY LAKE - PD&E STUDY ON CR 466
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval and signature on the Interlocal Agreement between Lake County and the Town of Lady Lake, for the Project Development & Environmental (PD&E) Study on CR 466. The study would be funded through impact fees through the Town of Lady Lake and associated County limits on CR 466 and CR 466A. He stated that last year the City of Fruitland Park agreed to do so and are moving forward with a PD&E study and have a consultant on board. The Town of Lady Lake would like to move forward in the same fashion. He noted that the project will be from US Highway 27 to the Sumter County line.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved and authorized signatures on the Interlocal Agreement between Lake County and the Town of Lady Lake, for the Project Development & Environmental (PD&E) Study on CR 466.
INTERLOCAL AGREEMENT - SUMTER COUNTY - EMS
Commr. Cadwell stated that staff had asked Lake Sumter Emergency Medical Services (EMS) to allow Lake County to submit budget information by May 1st of each year rather than by April 1st. It was determined by staff that this would not be a problem.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved an Amendment to the Interlocal Agreement with Sumter County relating to Emergency Medical Services to allow for completion of the budget by May 1 of each year.
ORLANDO/ORANGE COUNTY EXPRESSWAY AUTHORITY
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that several months ago, the Wekiva Basin Area Task Force held deliberations on the SR 429 extension and essentially the completion of the bypass around Orlando and the metropolitan area. During those deliberations, they discussed a 441 bypass of the 429 extension into Lake County. The Board had a briefing from the Expressway Authority and held in abeyance any consideration of that until after the Task Force completed its efforts. The Task Force completed its efforts and did not actually address the 441 bypass, however, one of the requirements in the proposed legislation today requires a sector plan, which will encompass the entire area from Apopka through Highway 44. Mr. Welstead stated that, based on previous discussions with the Expressway Authority, their intent was to bring the 441 bypass up to the border of Lake County and Orange County and terminate it there. At some point in time, it should probably consider whether or not that highway should terminate there or continue into Lake County. He feels it would be appropriate, before they get into the sector planning process, to discuss whether they should invite the Expressway Authority back into Lake County and, if so, that needs to be incorporated in their plan. Mr. Welstead stated that several of the representatives of cities have been involved and are here today.
Commr. Cadwell stated that the City of Mount Dora had requested a couple of times that the County go back to the table and do that and there are some representatives here today from the cities. He asked if any of them would like to address the Board at this time.
Mr. Jim Yatsuk, Mayor of Mount Dora, addressed the Board and stated that he has with him several members of the Council and residents of the City here today to voice their concerns. Mr. Yatsuk stated that their concern is the lack of planning and, if they do not look ahead, that road will terminate in a very unfavorable way for Lake County, and for Mount Dora, at the Old 441 and 441 interchange. He stated that this will pull everybody from all of the other joining municipalities into that one interchange and, by 2020, they will have a gridlock along that area, if they do not find alternative transportation. The sector plan is going to be instituted anyway through the legislation, as proposed, and this is the opportune time to enter into a plan to work with that sector plan to protect the springshed, and to provide relief for transportation congestion in the future. Mr. Yatsuk stated that, if the do not start now, they will be left out of the planning process with the sector plan and will have to play catchup. He stated that it is the unanimous consensus of the Council to be a part of the planning process, and they have discussed this with the Board, as well as sent resolutions to them.
Mr. Welstead stated that the County has not yet begun the sector plan, even though it is outlined in the draft legislation. He noted that the draft is not yet available on the web site. Those participating in the process will include the East Central Florida Regional Planning Council, all of the affected communities, and the counties and cities including Seminole, Orange and Lake. He also noted that the funding has not been identified in the legislation.
Commr. Cadwell noted that the Board has a letter from Mayor Charles Goodson, City of Umatilla, asking that the Board participate in the discussion, as well as letter from Mr. Michael Stearman, City Manager, City of Eustis, asking the same.
Ms. Gwen Manning, Mayor, City of Eustis, addressed the Board and stated that she is here to appeal to the Board to please reconsider their position on this particular matter and include Lake County in the planning, design, and engineering study. Ms. Manning stated that it is critical for them to be involved and to get the results of the study, so they will be able to make informed decisions as to the benefits, or disadvantages, it will have for them.
Commr. Cadwell noted that there are representatives in the audience from the Expressway Authority, if anyone has any questions of them. He noted that this is not a public hearing but, if anyone else would like to speak at this time, the Board will allow them an opportunity to do so because of public interest that has been shown in the matter.
Ms. Vivian Galamore stated that she is a resident of Orange County, but her mailing address is in Mount Dora. Ms. Galamore stated that she lives about two miles south of the Lake County line from Mount Dora. She stated that there has been talk in their part of the County to complete the Apopka bypass, which would be an extension of Maitland Boulevard up to the Zellwood/Tangerine area. She stated that this is a critical issue to them, as far as commuting into town and, when talking about transportation, commuting into Orlando, which is the employment center for this region, is a very big issue. Also there was some discussion, before the Task Force was appointed by Governor Jeb Bush, that the beltway, which is the Orlando/Orange County Expressway Authority’s project, would be completed as a beltway per say. Ms. Galamore stated that this is something that those people in northwest Orange County certainly favor them placing higher on the agenda in the time line. She stated that they will never really be able to support an extension of this road northwest toward Mount Dora, or any of these other areas, not that they are trying to negate the County’s opportunity to utilize this road. She addressed the very large concentration of growth in South Lake County, and its proximity to the employment center in Orange County and Orlando, and stated that maybe it would be more expedient to address this issue with other alignments in mind and not necessarily the one northwest alignment being proposed by the Expressway Authority, which they seem to feel is the best one for them but does not always seem to suit the needs of the public, the residents, the property owners, and the taxpayers. Ms. Galamore stated that she wanted to go on record as a resident of Orange County who does an extreme amount of business in Lake County who favors improving the transportation, as she does in Orange County, but she hopes they can address it as a bigger picture, as part of the sector planning process, and they can take a look at keeping rural areas as rural and keeping agriculture as one of the main stays of their economy.
Ms. Jennifer McMurtray, Defenders of Wildlife, stated that their biggest concern is what they are calling the 441 bypass, or the northwest extension of 429, because this road will have as much impact on the Wekiva Basin system as the one that goes through the Wekiva system. Ms. McMurtray stated that they are now talking about two toll roads whereas, they were hoping that, if they had to have any, it would just be one. She stated that, with all of the attention that the Task Force was getting, there was a lot of attention on the beltway, but this road is also going to have growth come with it. Ms. McMurtray stated that all toll roads attract growth as seen in Orange County, where 80% of the property value of Orange County is within a mile of the expressway system. Even though growth follows high intensity roads, they are still trying to protect the Wekiva Basin particularly the springshed, in those rural lands to the west of the protection area, between the protection area and 441. She is concerned that, if the Board invites the Expressway Authority back, and they were expecting that they would at some point, there needs to be some limitations. They do not want to see them going up to 44 again. One of the things that came from the Task Force was to try and decide once and for all how they are going to complete the beltway through Orlando and make some decisions. If they do the 46 alignment, and they do complete the beltway, they do not want to have to come back in five or ten years and argue about another alignment. She does not feel that the sector planning is tied to the legislation because, if the different municipalities want to get together right now and decide a vision for the future of this region, they could do that and not have to wait for the legislation and, since the meeting of the Task Force, they have seen each entity go back to its own corner and do its own thing like Apopka. They really need to have each entity work cooperatively, and to do this plan. They would be much more comfortable if there was a framework in place, and Ms. McMurtray stated that she would ask that, if they are going to move forward with the 441 bypass, to please use the guidelines that were discussed in the Task Force. She stated that the Wekiva Coalition put together a booklet, which she can provide to the Board members, which lays out a whole plan, and it all needs to apply to this road, because it is going to impact the recharge lands, and the rural and conservation lands, even though it is a little bit further to the west. She asked that they use the work that has been done and make some requirements that this be part of the whole package.
Mr. Welstead clarified that the points discussed are part of the requirement for the sector plan, as noted in the draft legislation
Mr. Keith Schue, Group Chairperson of the Central Florida Sierra Club, stated that the environmental community has had serious concerns over time regarding the northwestern extension, but they are very supportive of the sector planning process. He pointed out that growth has developed along the I-4 corridor in Seminole County and has impacted the Wekiva Protection Area in Seminole County. The northwesterly road now being considered may have a similar affect. The I-4 corridor is a spine up the eastern side of the Wekiva Protection Area and, if there is a similar spine up the western side of the Wekiva Protection Area and, if that spine is followed by similar intensities of growth, then they could see some serious damage to the Wekiva River system, even more so than what is happening to I-4, because of the springshed. The Wekiva springshed is primarily in east Lake and northwest Orange County. He asked that the Board take this into consideration and proceed with caution.
Commr. Hanson stated that her comments were that this would create a 441 bypass, with 441 becoming more congested over the years. She stated that this is a bypass to 441, and the Expressway Authority has indicated that they will move forward with it, if the County is not part of the study and does not give them options, and they will do just what they had indicated and come into Lake County, so it is very important that they do the study. Commr. Hanson stated that whatever recommendation comes from the study has to come back to this Board, because that was part of the original study agreement with the Expressway Authority, for the Board to make the final determination, once they have all of the facts. At this point, the Board cannot make an informed decision without some sort of a study to look at all of the available opportunities. Commr. Hanson stated that the sector study actually goes all the way to 44A, to the springshed boundaries, but that still has to be determined by the St. Johns River Water Management District (SJRWMD) and local jurisdictions. She stated that it is important that they keep the rural character, and she feels that can be done with the sector study, as they work closely with Mount Dora and Eustis to develop those joint planning areas (JPAs). They have already begun that process, and she feels that can be done very easily as they look at County policies that are in place, and what the cities would like to have in place, because they would also like to keep those areas very rural. Commr. Hanson stated that it would not be that difficult to do the sector study and also accomplish the JPAs. She stated that, as mentioned by Ms. McMurtray, the impacts can be mitigated and there were a lot of very good recommendations that came forth from the Wekiva Task Force, and those need to be incorporated in the study, because some of them may be more feasible than others. She stated that the area between Mount Dora, particularly east of Mount Dora and east of Eustis, is rural, and she feels they can keep it rural, with their joint planning with the different municipalities. Commr. Hanson stated that she would recommend that the Board seriously consider coming back to the table and being part of the study, at least allowing the Expressway Authority to look at Lake County, and to do the study. She stated that the Expressway Authority was pretty far along in a lot of their efforts in the study before they stopped them in Lake County, but that study would include a lot of citizen input, which they were moving forward with by having town meetings, and they would continue to get input from the citizens that live in that area, both in the cities and the unincorporated area.
Commr. Hanson made a motion for the Board to move forward with the study working with the Orlando/Orange County Expressway Authority, for the extension of SR 429 (Expressway) into Lake County.
Under discussion, Commr. Hanson stated that an agreement the Board several years ago protected the County to the point that the study would come back to them, for any final approval to come into Lake County.
Commr. Stivender seconded the motion.
Under discussion, Commr. Cadwell clarified that the County has three cities requesting that the Board do this but all three have different interests from one another.
Mr. Bill Neron, County Manager, stated that staff will take the Board direction to work with the Expressway Authority, to bring back the appropriate contract/documentation, as necessary, and as soon as possible, for Board consideration.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
LAKE REGIONAL PACKING
Commr. Stivender addressed the item regarding discussion of a possible joint purchase of Lake Region Packing, with the City of Tavares and the St. Johns River Water Management District (SJRWMD). She stated that, a few weeks ago, she was contacted by one of the attorneys for Lake Region Packing in regard to an appraisal they had done on the property. When she was on the City Council in Tavares, they looked at it; when she worked for the County many years ago, they looked at it; and they were not ready to sell, or relocate, at the time. When she was elected to the Commission, she brought it up in one of the Capital Improvements Program (CIP) meetings, to discuss whether they needed part of the Lake Region property for parking, or other things. They discussed it three different times, but there was never a consensus, or a motion, to move forward with it. She stated that, when the attorney called her a few weeks ago, she contacted Ms. Dottie Keedy, City Administrator, City of Tavares, because this has also been an ongoing issue with their downtown redevelopment. She wanted them to be the major player in this venture, because they will be the ones who will probably join with a private consultant, or investor, to develop the property, however, the County needs to be a part of it, because it is next to the County seat, and the County needs additional parking and other items. Commr. Stivender stated that she put this item on the agenda for discussion only and asked Ms. Keedy to come up with a plan on how they could move forward to see if the property was a good site for a joint venture, if they needed to come up with money, how much it was going to cost for environmental studies, etc. At their last discussion, it was felt that hiring a consultant would be the best thing to do, and the County and City participating in the costs. Commr. Stivender stated that it is her opinion that they do not want to take it off of the tax base for the City so, if they had a private investor, there could be other things that would be development to downtown, and the County could benefit with additional parking, shops, etc. for the employees. It was noted that the Board has a memorandum from Ms. Keedy.
Ms. Dottie Keedy addressed the Board and stated that she was here to determine whether the Board has a need to participate in this venture with the City. Ms. Keedy stated that she has not taken this proposal to the City Council, although they have had many discussions about Lake Region. She does not believe that the City has the money to purchase it and, frankly, they do not want the County to purchase it, because they want to keep it on the tax roll. It would have a huge impact on the downtown area, if it is redeveloped, and they have a Tax Increment Financing (TIF) District and this property is a large part of it. The City has a community redevelopment area that includes this property, and they have a study going on with the University of Florida (UF) to look at redevelopment issues for all of downtown, and they are very concerned about what happens to this property. Until the County decides whether or not it has any interest in it, she is not sure how to proceed.
Commr. Cadwell explained that the County would be a partner with the City, and they should participate with them at some level of trying to market the property, or do what is best for it. He addressed the memorandum where it indicated that, if the City and the County enter into an agreement to hire a consultant, the property owners should also be a party to the agreement to at least ensure them that the property would not be sold prior to the completion of the study.
Ms. Keedy stated that she has not had any conversation with the property owners about the issue, but it appears that they are seriously interested in selling it, and she feels that the timing would be good for a public/private partnership. She noted that it would probably take a month to six weeks to get the Request For Proposal (RFP).
It was noted that the property owner was present but had no comments at this time.
Commr. Cadwell stated that they should probably make a proposal to the property owner jointly with the County and City and let them know that they are interested in looking at the different options of the property. He noted that some of the other things spelled out in the memorandum should be in the RFP including that the property owner agrees to participate.
Commr. Stivender stated that she has spoken with Mr. Dan Robuck, Attorney, and he suggested that this item be brought forward and Commr. Cadwell’s suggestion is correct, they need to go back and say they are interested.
Ms. Keedy stated that the City Council has not taken any action, but she believes they would be very interested in hearing this proposal, and they would probably favor it, but she will take it to them at the next meeting.
Commr. Hill stated that she would prefer to see the City take the leadership roll in this process, and whatever information they would need should be the Board’s participation.
Ms. Keedy felt that the County and City attorneys could work out an agreement to spell out their interests and how they could proceed.
Commr. Stivender noted that a couple of investors are here today.
Ms. Keedy noted that last week she has heard from numerous private investors who are interested in finding out more about the Lake Region Packing property, so the interest is there.
Commr. Stivender stated that she wanted the government, especially the City, to have control of what happens to Lake Region.
Ms. Keedy stated that the City put out a proposal about six to eight months ago to do a feasibility study on the project, and it did not include an appraisal, or environmental analysis, but the proposals they got back were about $25,000 but, until they actually send them out, they will not know exact costs.
Commr. Hanson felt that sometimes they need to be careful because they might keep the private interest from becoming involved, if they have too many layers of bureaucracy precluding that from happening. She noted that the City would certainly have some level of control for the permitting process.
Commr. Cadwell stated that, in the memorandum, there are several points that the study will take into consideration, but the key to all of them, private and public, is to determine the highest and best use of the property, and the compatibility of those uses with the City’s downtown redevelopment efforts.
After further discussion, it was noted that the City was looking for a cost share in the study, as indicated by Ms. Keedy.
Commr. Stivender made a motion, which was seconded by Commr. Pool, to enter into an agreement with the City of Tavares, with the City taking the lead in putting out a RFP and, with the County helping with the costs for the RFP for a consultant.
Under discussion, Commr. Cadwell stated that, in the motion, the Board needed some language that the County will participate, if the property owners are willing to participate.
Commr. Stivender amended her motion to include that the County will participate in the RFP, if the property owners are willing to participate, and Commr. Pool amended his second to the motion to include this language.
Mr. Bill Neron, County Manager, clarified that the agreement will have to be brought back to the Board, at which time the Board will identify a funding source.
The Chairman called for a vote on the motion, as amended, which was carried unanimously by a 5-0 vote.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
POLICY FOR DEDICATION PLAQUES ON COUNTY FACILITIES
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval and authorization to implement a Policy for Dedication Plaques on County Facilities. Mr. Stivender stated that he has with him today a sample for their review. He stated that staff researched this issue and found this to be the appropriate size, material, etc., when compared to others in the County, cities, and others being used throughout the country. He explained that this plaque can be mass produced and will be used at the opening, or ceremony, for fire stations, or libraries, and staff will address other requests where a building is not involved with the dedication.
Commr. Hill stated that she had pulled this item several times, because she wanted the full Board to be here. She stated that they are setting a precedent and this is a new policy. The Board had asked Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, to come back in December, with a naming policy for county buildings and facilities, which he did, and she thought they should decide on that policy before they developed a policy pertaining to the use and layout of plaques. She also felt, if the Board wants to do plaques, that before they put them up, they should be named on the basis of the function of that facility. If they do not have a naming policy in place, she did not feel they should name buildings other than their function. She felt that the date was fine, and the wording “Dedicated to the People of Lake County, Florida”, because it was taxpayer money, but she did not feel an architect or contractor should be on there and, she personally felt that their names, as Commissioners, should not be on there. She did feel that the seal should be bigger, unless they, as well anyone else, personally contributed to it. She did not know if the Board wanted to approve a naming policy first, or go ahead with the policy for plaques.
Commr. Pool stated that he felt what is being proposed provides the information that someone would view as part of the history of the building.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved and authorized to implement a Policy for Dedication Plaques on County Facilities.
Commr. Hill stated that she definitely feels that the Board needs to make sure that it has a policy in place before they name a building other than its function.
REPORTS - COUNTY MANAGER
ORDINANCES - PERMISSION TO ADVERTISE
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that he would like to add an item to the agenda relating to the sprinkler ordinance. The Board directed staff to bring it back but there is still some controversy on its contents, but they would like to get it advertised, in order to get it to the Planning and Zoning Commission in April.
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 item pertaining to a sprinkler ordinance, as requested.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to advertise the sprinkler ordinance, as requested by staff.
REPORTS - COUNTY MANAGER
CITY OF EUSTIS - SOLID WASTE ISSUES
Mr. Bill Neron, County Manager, addressed the Board to discuss the letter and documentation he received March 12, 2003, from the City of Eustis, regarding their Resolution 02-43 relating to Solid Waste issues. The City is asking the County to participate in a dispute resolution and mediation process relating to the County’s decision to use ad valorem taxes to fund solid waste. Mr. Neron stated that he reviewed this request with Mr. Sandy Minkoff, County Attorney, and he wants to research the issue, to determine whether this was the appropriate process to address that concern. He stated that staff will bring this issue back to the Board with a recommendation on how they will proceed either on the March 25, 2003, or April 1, 2003 agenda.
Commr. Stivender stated that she attended the League of Cities meeting on Friday, and there was some question as to whether all of the cities have come back to work with the County, on lowering tipping fees.
Mr. Neron stated that some of the cities have joined the County, but staff is monitoring the process, and there has been contact with all of the cities. The process as not been as successful as they had hoped it would be, but staff is looking at other alternatives to meet the requirements of the contract, in terms of the tipping fee. He stated that there are some other issues at play, and he will be getting back with the Board on some of the fiscal implications. He explained that they based the proposed budget on being at maximum capacity, 163,000 tons, and they are running behind in meeting that schedule right now, but he is not quite ready to bring options to the Board.
Commr. Hanson informed the Board that the Solid Waste Committee has asked that the Board set up a workshop between the County and the Solid Waste Committee, to bring this Board up to date on these issues, and the County Manager has asked that they hold off until they get the new Senior Director in place.
Mr. Neron stated that staff should be ready to workshop the issue in the next 30 to 45 days with the Board. In regards to the proposed meeting date indicated in the letter (April 9, 2003), Mr. Neron explained that the meeting is actually with the appointed administrator and/or the Chairman, and it is really a issue fact finding session to see whether they can resolve the agreement and, if they cannot at that point, then there is a step where there is a joint meeting of the two Commissions, and there is a very legal process involved. The City is approaching this from a duel taxation issue, and the fact that they are already providing the service, and staff is wanting an opportunity to research their viewpoint, to look at case law, and determine whether this is the proper process to use.
Commr. Hill noted that the City of Eustis had requested that the County Manager, along with the Chairman, a County employee that is familiar with the County solid waste system, and the County Attorney attend the meeting on April 9, 2003, but she would prefer that the Chairman not be limited to who he may ask to attend the meeting.
Mr. Neron stated that first staff needs to determine whether this is the proper process, and then they will be back to the Board with their recommendation as to who should be at the meeting and how they should proceed prior to the proposed meeting date. The item will come back to the Board on either March 25th or April 1st.
REPORTS - COMMISSIONER POOL - DISTRICT #2
TRANSPORTATION INITIATIVE MEETINGS
Commr. Pool informed the Board that he had two meetings last week on transportation initiatives, both on the same evening, at the same time, in two different locations, and he was able to make both meetings. The residents of Minneola have asked, if they cannot go one way on the Lakeshore Drive corridor, that the Board take a good look at placing three stop signs along that corridor. He has contacted Public Works to look at this issue. In regards to the widening, enhancing and improving the Lakeshore Drive/561 corridor around the lake, the residents seem to be happy with the plan. He felt that both meetings were successful.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
LIBRARIES
Commr. Cadwell stated that he has gotten some calls in regards to the changes made at the South Lake Library, in terms of a reduction in hours, and he understands the reasons for those changes. He feels that any of these types of changes to the libraries should come to the Board, because this was an emotional issue during budget time, and he would prefer the County Manager not to be in a position where he has to deal with public emotion.
Mr. Bill Neron, County Manager, stated that there were some staffing issues, which was the reason staff needed to address the issue immediately. He stated that he will follow the direction of the Board and any reduction in service levels will be brought back to the Board for consideration prior to implementation.
HOMELAND SECURITY
Commr. Cadwell stated that yesterday evening, President Bush addressed the nation, and it is pretty certain that we are going to war. At this time, Commr. Cadwell read into the record a statement concerning this issue highlighting the fact that, regardless of our opinion on the subject, there are nearly a quarter million men and women in the Middle East today who are ready to fight. He stated that we all need to support their family members. The County will be setting up a “citizen’s hotline” over the next few days for any family member in the County that needs assistance and will act as a clearinghouse for inquiries and assistance. Until this is set up, if there are people who need assistance, they can contact the County Commission office at 343-9850, or the County Manager’s office at 343-9888.
Mr. Bill Neron, County Manager, stated the he and Mr. Fletcher Smith, Director of Community Services discussed this issue this morning, and they know that Hospice is setting up counseling, and he has asked Mr. Smith to make a list in inventory, and they will coordinate through his office a clearinghouse.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:18 a.m.
WELTON G. CADWELL, CHAIRMAN ATTEST:
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JAMES C. WATKINS, CLERK