A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 2, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, December 2, 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: Sanford A. (Sandy) Minkoff, County Attorney; William A. (Bill) Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
ELECTION OF OFFICERS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, Commr. Debbie Stivender was elected Chairman of the Lake County Board of County Commissioners.
Commr. Cadwell passed the gavel to the new Chairman, Commr. Stivender, who commented that it is an awesome honor and a responsibility to be Chairman. She remarked that no one can fill the shoes of Commr. Cadwell who has done an excellent job this last year. She then called for nominations for Vice Chairman.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, Commr. Jennifer Hill was elected Vice Chairman of the Lake County Board of County Commissioners.
AGENDA UPDATE
Mr. Bill Neron, County Manager, requested that Tab 20, a zoning petition from Center Lake Properties which has been withdrawn, be pulled and requested that Tab 25, appointments to the Affordable Housing Advisory Committee, be postponed at the request of Commr. Cadwell. He noted that there is an addendum to the agenda which includes one consent item and one report item.
Mr. Minkoff asked that a request for closed sessions be added to the agenda under the County Attorney’s reports.
Commr. Cadwell clarified that the public hearing for Center Lake Properties, Tab 20, should be opened even though the petition has been withdrawn.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved placing the County Attorney’s request for closed sessions on the agenda.
Commr. Stivender stated that Mr. Skip Goerner, Chairman of the Harris Chain of Lakes Restoration Council, will be making a presentation during the Citizen Question and Comment Period which may include a request for action on the Council’s Resolution 2003-2.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved placing said item on the agenda.
MINUTES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Minutes of September 23, 2003 (Regular Meeting) as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of November 4, 2003 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1-13, as follows:
Contractor Bonds - Rider and Cancellations
Rider
5560-05 Douglas Carver - Change Bond Number from OFL0520822 to OFL0520823
Cancellations
4180-03 Richard G. Henrickson
4381-03 Jim W. White dba Jim White Electric
4629-03 Fix-All, Inc.
5095-03 James E. Williams
5286-03 Burton Markert dba Comark Roofing Services
5418-99 Marshall Pollard dba Phase III Construction
5619-03 Charles Gabriel dba Gabriel Plumbing
5799-02 James Buchanan & Anthony Lanci dba Everything Electric
5860-03 Daryll Carbaugh
5883-03 Greg Boisvert
5947-03 Harold L. Goshe, Sr. dba Red Earth Corp
5990-03 Brian Shank dba Clermont Scapes, Inc.
5992-03 Bill (William) Kyle, Bill Kyle’s Outdoor Services
5996-03 Thomas Richards dba Phoenix Landscape
5998-03 Jesse McConnell, Jr.
6000-03 Joseph D. Fannin, Jr. dba Southern Pride Services
6005-03 David Stewart dba Power-Link Solutions
6027-03 William Eiden dba Pride Roofing, Inc.
6041-03 Sean R. Adair dba Par Excellence Services
6050-04 Elbert H. Foster
6075-03 Lee Ashley dba Certified Landscape Contractors, Inc.
6082-03 Jovino Javier Gonzalez dba J.D.S. Electric, Inc.
6084-03 Larry Spurlock
6100-04 Mark T. Gage dba Sprinklers & Irrigation, Inc.
6112-03 Rupert Nathoo
List of Warrants Paid
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
St. Johns River Water Management District
Request to acknowledge receipt of St. Johns River Water Management District Five Year Capital Improvement Plan and Water Resource Development Work Program, pursuant to Section 373.536 (6) (a) (3) and Section 373.536 (6) (a) (4), Florida Statutes.
Southwest Florida Water Management District
Request to acknowledge receipt of Southwest Florida Water Management District (SWFWMD) Five-Year Capital Improvements Plan FY 2003-2004 to FY 2007-2008 and Proposed (Draft) Five-Year Water Resource Development Work Program.
Southwest Florida Water Management District
Request to acknowledge receipt of the following: Southwest Florida Water Management District - Agenda, Governing Board Meeting, November 18 and 19, 2003, Bartow Service Office, 170 Century Boulevard, Bartow, Florida.
Arlington Ridge Community Development District
Request to acknowledge receipt of a copy of the Arlington Ridge Community Development District Proposed Budget Fiscal year 2004, in accordance with Chapter 190.008(2)(b), Florida Statutes.
Deer Island Community Development District
Request to acknowledge receipt of copies of the Minutes of the Meetings of the Deer Island Community Development District, which were held May 23, 2003 and August 22, 2003.
Florida Public Service Commission
Request to acknowledge receipt of the following notice: Before the Florida Public Service Commission, In re: Application for amendment of Certificate No. 106-W to add territory in Lake County by Florida Water Services Corporation, Docket No. 021137-WU, Order No. PSC-03-1235-FOF-WU, Issued November 3, 3003 - Order Approving Amendment and Closing Docket and Notice of Further Proceedings or Judicial Review.
City of Fruitland Park - Ordinance 2003-014
Request to acknowledge receipt of Ordinance 2003-014 from the City of Fruitland Park, Florida, amending the boundaries of the City of Fruitland Park in accordance with Section 171.044, Florida Statutes, including and rezoning approximately 1.75 acres generally located at 833 CR 466A, contiguous to the City limits. Passed and ordained the 13th day of November 2003, by the City Commission of the City of Fruitland Park, Florida.
Excess Fees for FY 2002/2003
Request to acknowledge receipt of Clerk of Courts’ Check #096538, which represents Excess Fees for FY 2002/2003, in the amount of $705,851.68 and an additional $64,000.00 due to the Criminal Justice Trust Fund.
Monthly Distribution of Revenue - Traffic/Criminal Cases
Request to acknowledge receipt of the Monthly Distribution of Revenue - Traffic/Criminal Cases, Month Ending 31 October 2003. Disbursements due to Board: $179,072.04. Same period, last year: $165,967.13.
Satisfactions and Releases of Fine
Request for approval and execution of the two following Satisfactions and Releases of Fine:
Fully release and discharge Judgment-Debtor, Circle K Stores, Inc., whose address is 5650 Breckenridge Park Dr., #300, Tampa, FL 33610, from any claims, demands, causes of action and judgments arising to the Order of Fine, in the amount of two thousand dollars, dated September 16, 2003. Code Enforcement Board Case CEB#2003070178.
Fully release and discharge Judgment-Debtor, Circle K Stores, Inc., whose address is 5650 Breckenridge Park Dr., #300, Tampa, FL 33610, and RFCD Partnership, whose address is 8041 Blind Pass Rd., St. Petersburg Beach, FL 33706, from any claims, demands, causes of action and judgments arising to the Order of Fine, in the amount of two thousand dollars, dated September 16, 2003. Code Enforcement Board Case CEB#2003070179.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $1,490.59.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill requested that Tab 13, a request from Growth Management for approval of Special Masters Settlement Agreement for Shanna Howell Godby, et al, be pulled for discussion.
On a motion by Commr. Pool, seconded by Commr. Hanson carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, and Addendum No. 1.I.A.1., pulling Tab 13 for discussion, as follows:
Budget and Administrative Services - Budget
Request for Budget Transfer - General Fund, Non-Departmental, in the amount of $9,870.00 is requested. Transfer $9,870.00 from Reserve for Operations to Professional Services. Funds needed for payment of $9,870.00 to Sarah M. Whitaker, P.G. for services to assist Lake County and the cities of Eustis, Mount Dora, and Tavares with review, analysis, and presentation of United States Geological Survey and St. Johns River Water Management District information to the Wekiva River Basin Coordinating Committee.
Request for Budget Transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Astatula Post Closure, in the amount of $3,347.00 is requested. Transfer $3,347.00 from Special Reserve to Improvements Other Than Buildings. Funds are needed to complete the Monitoring Only Plan (MOP) implementation, which was not completed in Fiscal Year 2002-2003. Funds are available in Special Reserve.
Request for Budget Transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Loghouse Post Closure, in the amount of $50,707.00 is requested. Transfer $50,707.00 from Special Reserve to Professional Services ($2,332.00) and Improvements Other Than Buildings ($48,375.00). Funds are needed to complete the design and permitting, and construction services for the Loghouse landfill. The Florida Department of Environmental Protection is requiring that the County design, permit, install, and monitor a control system to prevent offsite migration of the landfill gasses. The design and permitting, and construction were not completed in Fiscal Year 2002-2003. Funds are available in Special Reserve.
Request for approval of request from the Clerk’s Office for payment of Criminal Court costs for October 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $37,440.00.
Budget and Administrative Services - Risk Management
Request for approval to accept and sign on the Agreement for Flexible Spending Account Administration from Employers Mutual Inc. (EMI), the County’s Third Party Administrator for medical claims for nine months of administration and renewable for 12 months each year thereafter.
Budget and Administrative Services - Procurement Services
Request for approval to award a change order to the contract with Robert N. and Karen P. Britt Trust in the amount of $50,395.50 due to construction bids which came in higher than estimated. In addition, it is recommended to approve a related capital substitution for this project in the amount of $55,216.00.
Community Services
Request for approval of recommended library closings for calendar year 2004.
Request for approval to ratify issuance by the Orange County Housing Finance Authority the Homeowner Revenue and Single Family Mortgage Revenue Bonds, draw down series on behalf of Lake County and approval of Resolution 2003-204.
Request for approval of the Transportation Coordination Agreement between the Lake County Board of County Commissioners and Pathways Supports and Services, Inc.
Request for approval of the Agreement between Mid Florida Community Services, Inc. and the Lake County Board of County Commissioners for the provision of Transportation Services.
Request for approval of the Transportation Coordination Agreement between the Lake County Board of County Commissioners and Joan Brower.
Request for approval of the Renewal of Alternative Transportation Operator Agreement between the Lake County Board of County Commissioners and Home Bound Helpers.
Request for approval of the Standard Coordinator Contract between Sunrise ARC of Lake County, Inc. and the Lake County Board of County Commissioners for the operation of their transportation services.
Public Works
Request for approval and authorization to accept the final plat for Magnolia Farms Subdivision, and all areas dedicated to the public as shown on the Magnolia Farms Subdivision plat; accept a Cashiers Check for Maintenance in the amount of $8,500.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Susan Peck; and execute Resolution 2003-205 accepting Magnolia Court (County Road Number 5157B) into the County Road maintenance system all relating to the Magnolia Farms subdivision. Subdivision consists of 8 lots – Commission District 4.
Request for approval and authorization to accept the final plat for Sunrise Lakes, Phase II Subdivision; accept a Bond for Maintenance in the amount of $53,503.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and KB Home Orlando, LLC; and execute Resolution 2003-206 accepting Sunrise Vista Drive (Part) (County Road Number 0162J) and Blue Sky Way (County Road Number 0163E) into the County Road maintenance system all relating to the Sunrise Lakes, Phase II subdivision. Subdivision consists of 55 lots – Commission District 2.
Request for approval and authorization to release a Letter of Credit for Performance in the amount of $148,335.00; accept a Surety Bond in the amount of $17,343.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Siena Home Corporation; and execute Resolution 2003-207 accepting Brandiwine Court (County Road Number 0946A), Foxglove Drive (Part) (County Road Number 1048A) and Pinyon Drive (Part) (County Road Number 1046) into the County Road maintenance system all relating to the Spring Valley, Phase VI subdivision.
Request for approval and execution of a Purchase and Sales Agreement with Diana F. LaRoe, Sally Katherine LaRoe Rosenberg, James Earl LaRoe, and Betty Louise LaRoe for property which will be utilized by the County for future improvements at the intersection of CR 44A and CR 439, both collector roads; and approval and authorization for County Attorney’s Office to proceed with filing necessary probate papers to ensure clear title.
Request for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for the following 25 road assessments:
Assessment # - Name and Date Paid
685003 Daniel E. Hayes - 10/22/03
685006 Sect of the Lord Jesus Christ - 10/27/03
685030 Sect of the Lord Jesus Christ - 10/27/03
685038 Judith & James Paynter, Jr., Trustees - 10/16/03
685039 Judith & James Paynter, Jr., Trustees - 10/16/03
685046 Olive Ross - 10/07/03
685047 Tom Seager - 10/07/03
685048 Tom & Better Lou Seager - 10/07/03
685051 Monnie Singletary - 10/16/03
685062 Guillermo & Alice Rodriguez-Vazquez - 10/27/03
685063 Eugene Bell - 10/16/03
685064 Eugene Bell - 10/16/03
685066 Edward Peltz, Jr. - 10/16/03
685072 John E. Demarest - 10/16/03
685080 Virgie Bridges - 10/16/03
685083 Aileen Hobby (Life Estate) - 10/27/03
685098 Charles E. Rankin - 10/07/03
685099 Charles E. Rankin - 10/07/03
688003 Glenn & Ruby Hurley - 09/04/03
688010 Evelyn Watkins - 09/18/03
688011 Harry & Annette Baugh - 10/07/03
688016 Cecil McQueen - 09/15/03
689013 Arizona Trust - 10/23/03
694005 Steven Dexter, Et Al - 09/03/03
695006 David J. Smith - 10/03/03
Request for approval and authorization to accept the final plat for Bent Tree, Phase 1. Subdivision consists of 73 lots – Commission District 2.
ADDENDUM NO. 1
Economic Development and Tourism
Request for approval to declare surplus a parcel of land approximately one and one-quarter acres in size located in the Groveland Farms area (Alternate Key 1008905), execute sale to adjacent property owner, notify adjoining property owners of sale, advertise for sale to highest bidder if necessary, and execute all relevant documents.
COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)
Growth Management - Special Masters Settlement Agreement for Shanna Howell Godby
Commr. Hill stated that Tab 13 is a Special Masters Settlement Agreement for Shanna Howell Godby, et al, in Treasure Island. She has received a lot of calls from citizens on this issue. She requested that this item be pulled and sent back through the Special Master’s process in an effort to reach a more agreeable solution for the residents and property owners.
Commr. Cadwell inquired whether both groups could meet informally in the next 30 days as opposed to going back through the entire Special Master’s process.
Mr. Sandy Minkoff, County Attorney, explained that the first stage of the process is very informal and is a mediation-type process. All different methods are open, such as meeting with or without the Special Master, the parties alone, one party with the County, etc. He assured the Board that work will be done with the petitioners and the opponents in any way they choose.
Commr. Hill remarked that some citizens did express that they were not given enough due process.
After discussion, the consensus of the Board was that this issue would go back to the mediation process, working both with the petitioners and other interested parties and coordinated by the County Attorney. Mr. Minkoff commented that this issue can be brought back to the Board in January 2004.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
Presentation of Award to Employees with Five Years of Service
Carl “Steve” Earls, Information Technology Director, Budget & Administrative Services/Information Technology
Jennifer M. Dubois, Associate Planner, Growth Management/Administration
Denise D. Haynes, Equipment Operator II, Public Works/Road Operations/
Maintenance Area II
Cheryl L. Thomas, Housing & Community Development Director, Community Services/Housing & Community Development
Glenn E. Whittington II, Library Assistant, Community Services/
Library Services/East Lake
Cynthia L. Steele, Code Enforcement Associate, Community Services/Code Enforcement
Presentation of Award to Employee with Ten Years of Service
Tommy W. Leathers, Code Enforcement Director, Growth Management/
Code Enforcement
Presentation of Award to Employee with Fifteen Years of Service
Margaret Carol Griffin, Solid Waste Technician, Environmental Services/MIS Scales & Residential Drop-off/MIS/Scales
Presentation of Award to Employee with Twenty Years of Service
Linda S. Meeker, Senior Probation Officer, Community Services/Probation
PERSONAL APPEARANCES - BOARD/COMMITTEE PRESENTATIONS
PRESENTATION OF PLAQUES
Affordable Housing Advisory Committee
Shirley Darity for service from 1998-2003
Code Enforcement Board
Charles Jacobs for service from 1997-2003
Comprehensive Health Care Committee
Tim Camp for service from 1999-2003
Allison Thall for service from 1998-2003
Cultural Affairs Council
Phyllis Cross for service from 1997-2003
Connie Patrowicz for service from 1995-2003
Woodley Trussell for service from 1996-2003
PRESENTATION OF CERTIFICATES
Citizens’ Commission for Children
Cara Jakob for service from 2002-2003
Tony White for service from 2002-2003
Cultural Affairs Council
Rosalie Bandy for service from 1999-2003
Robbie Cunningham for service from 2001-2003
Library Advisory Board
Carol Rogers for service from 2000-2003
PRESENTATION - RESOLUTION IN SUPPORT OF MARCH OF DIMES
Commr. Hill read and presented Resolution 2003-199 (which was approved by the Board on November 4, 2003) declaring November 18, 2003, as Prematurity Awareness Day, to Ms. Tui Frye of the March of Dimes. She stated that the March of Dimes has launched a $75 million, five-year national campaign to raise public awareness of premature babies.
Ms. Frye expressed her appreciation to the Board, community leaders and volunteers for their help in continuing the March of Dimes mission of ensuring healthy births for every baby born.
PUBLIC HEARING
ZONING CASE PH#59-03-2, CENTER LAKE PROPERTIES, CECELIA BONIFAY
Commr. Stivender noted that Zoning Case PH#59-03-2, Center Lake Properties, Ltd., Cecelia Bonifay, Tracking Number 93-03-PUD, a request to rezone from R-4 to PUD, has been resolved but the public hearing will be held as advertised.
Commr. Stivender opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved the withdrawal of the Petition to Rezone Property, Zoning Case PH#59-03-2, Center Lake Properties Ltd., Cecelia Bonifay, Esq., Tracking Number 93-03-PUD, a request to rezone from R-4 (Medium Suburban Residential District) to PUD (Planned Unit Development District).
PUBLIC HEARING - ORDINANCE - EXOTIC ANIMALS
Mr. Sandy Minkoff, County Attorney, placed the following, proposed ordinance relating to exotic animals on the floor for its first reading, by title only, and noted that it will be scheduled for a second reading if approved today.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; AMENDING THE DEFINITION FOR HUSBANDRY; AMENDING THE DEFINITION OF LIVESTOCK; AMENDING SECTION 3.01.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED CLASSIFICATION OF USES; PROVIDING FOR THE KEEPING OF EXOTIC ANIMALS IN THE AGRICULTURE (A) ZONING DISTRICT WITH A CONDITIONAL USE PERMIT; AMENDING SECTION 3.01.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SCHEDULE OF PERMITTED AND CONDITIONAL USES; PROVIDING FOR A USE CLASSIFICATION TO BE KNOWN AS EXOTIC ANIMALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that this proposed ordinance merely clarifies provisions of the code. There was an issue that was raised in some litigation in which the County prevailed but staff felt the clarification would eliminate the possibility of misunderstandings.
Commr. Stivender opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Hill clarified that the Board will be receiving the Planning and Zoning Commission’s meeting minutes before the proposed ordinance comes back to the Board for the second reading.
Commr. Cadwell and Commr. Hanson clarified that pigeon husbandry will not be affected by the proposed changes to the code.
Mr. Minkoff further explained that an argument had been made that exotic animals fit into the general agricultural husbandry definition. This proposed ordinance is a change to make it very clear that a specific conditional use permit (CUP) is required for keeping exotic animals.
Commr. Hanson remarked that water issues, and the possibility of a policy regarding the mining and/or pumping of and selling water, should be looked at and raised the question of whether the issue should be an agricultural use.
Commr. Stivender stated that staff will look at the water issue.
Commr. Cadwell noted that the Florida Association of Counties is compiling information for other counties on the water issue.
Mr. Minkoff stated that, while Lake County and Marion County have been successful in litigation requiring those water uses to have a conditional use permit (CUP), it may be worthwhile to look at putting specific language in the Code.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the first reading of the proposed ordinance relating to exotic animals.
PUBLIC HEARING - ORDINANCE - EXEMPTION FROM IMPACT FEES FOR
HOUSING FOR TERMINALLY ILL INDIVIDUALS
Mr. Sandy Minkoff, County Attorney, placed the following, proposed ordinance relating to the exemption from impact fees for housing for terminally ill individuals on the floor for its first and final reading, by title only, and noted that it will be Ordinance 2003-104 if approved by the Board today.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 22, LAKE COUNTY CODE, ENTITLED IMPACT FEES, ADDING TO SECTION 22-13 EXEMPTIONS; ALLOWING FOR AN EXEMPTION FROM IMPACT FEES FOR TEMPORARY HOUSING FOR TERMINALLY ILL INDIVIDUALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Stivender opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Hill stated that the Impact Fee Evaluation and Review Committee and the Planning and Zoning Commission (P&Z) considered this issue and noted that a copy of the P&Z meeting minutes (November 5, 2003) is included in the backup material.
Ms. Wendy Wickwire, Lake County Impact Fee Coordinator, stated that the Impact Fee Evaluation and Review Committee recommended approval of the proposed change and P&Z expanded and approved the proposed changes to apply to all impact fees, not just educational impact fees.
Commr. Cadwell remarked that this kind of exemption is monitored closely and there has not been any abuse of the system. He stated that this would be a benefit to everybody and an existing bond would cover removal of the temporary housing if necessary.
Mr. Minkoff stated that the exemption would apply to a broader definition and extend to persons who need help living alone rather than moving to an assisted living facility, but it is clearly a temporary use and the County does not make payments on the fees.
Discussion ensued regarding exemptions for temporary housing for caregivers.
Mr. Minkoff clarified that this exemption would extend to temporary housing, such as a mobile home, for caregivers.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved Ordinance 2003-104 amending Chapter 22, Lake County Code, regarding exemption from impact fees for temporary housing for terminally ill individuals, including language that Paragraph 8 would be changed to specify that all impact fees would be exempt, rather than exempting only educational system impact fees.
PRESENTATION - FLORIDA ELECTRONIC LIBRARY
Ms. Wendy Breeden, Library Services Director, stated that Florida Secretary of State Glenda Hood is holding a press conference this morning to launch the Florida Electronic Library which is a collection of free databases and live reference services now available to all Florida residents. Because this is such a momentous occasion for the Florida library community, Lake County wanted to announce it concurrently. The Florida Electronic Library is available through its web site, www.flelibrary.org, or through the Lake County Library system’s web site at www.lakeline.lib.fl.us. The site provides access to electronic magazines, newspapers, encyclopedias, books and other documents as well as one-on-one online assistance from professional librarians. The site can be used to research current events and gather authoritative information regarding health topics, business, homework help and more. Ms. Breeden stated that the Electronic Library’s “Ask a Librarian” service allows real-time chat to provide answers to users’ information requests. Librarians will be able to guide users through web searches and interact with them online. She remarked that the Lake County Library System hopes to be an active participant in the “Ask a Librarian” service by spring 2004.
Ms. Carly Harris, Reference Librarian from Cooper Memorial Library, gave a live demonstration of the Florida Electronic Library, explaining that the web site, www.flelibrary.org can be accessed by anyone who has a library card from any Florida public library by using the library bar code number on the card. She distributed a copy of the database page entitled “Resources,” which is included in the backup material, and demonstrated the steps in researching a topic. She noted that help in using the web site is available by calling a local library.
CITIZEN QUESTION AND COMMENT PERIOD
Herb Haas
Mr. Herb Haas, representing Community Chapel First Church of God on Old Highway 441 in Mount Dora, stated that the fire assessment for the church was increased from $531 last year to $984 this year, an increase of 85%. He remarked that this increase must be wrong and asked the Board to look at it. He also requested that the square footage be assessed in thousand-foot increments, rather than assessing buildings with 5,000 square feet to 9,999 square feet under one assessment. He stated that Commr. Hanson invited him to attend today’s meeting. He stated that he had already talked with employees in the assessment office.
Commr. Hanson commented that, when discussions were held to increase the fire assessment, increases were discussed for residential properties. She stated that she had a concern for commercial properties at that time and the increase in the assessment for all categories other than residential was tremendous.
Skip Goerner
Mr. Skip Goerner, Chairman of the Harris Chain of Lakes Restoration Council, distributed copies of the Council’s 2003 Report to the Florida Legislature dated November 25, 2003, and copies of the Council’s Resolution No. 2003-2, which are included in the backup material. He stated that the Harris Chain of Lakes Restoration Council was formed by Florida statute in 2001 and is required to deliver a report to the Legislature every year by November 25. He stated that many decades of abuse to the Harris Chain of Lakes have created millions of dollars annually in economic loss. Scientists are searching for an answer to widespread problems and the Harris Chain of Lakes Restoration Council was created to address these declining ecological conditions and the resulting loss of economic and recreational value. The annual report summarizes the information gathered and includes several recommendations and identifies restoration efforts that should receive funding. He expressed the Council’s gratitude to the Board for its administrative and financial support. He confirmed that the Council will continue to work with technical advisors in the Legislature to further the understanding of the issues related to restoration of the Harris Chain of Lakes and to further develop a plan to return the lakes to their rightful position of environmental and economic importance.
Mr. Goerner stated that the Council would like their Resolution No. 2003-2 made into a local bill and turned into law locally. The resolution requests the Florida Legislature to enact special legislation for Lake County which will require the reporting of toxic algae and other water borne biotoxins and pollutant related illnesses to Lake County health officials. He explained that this is the third year toxins and algae have been identified. Related illnesses are not being tracked or identified. He requested the Board’s support of the resolution and requested that the Board write a letter of support, possibly signed by all the Commissioners, to be submitted to the Florida Legislature.
In response to an inquiry by Commr. Stivender, Mr. Goerner stated that the Lake County Water Authority is funding an independent algae study but they do not know what to do with the information. The federal government gave a $3 million grant to the State of Florida to study toxic algae and the Harris Chain of Lakes Restoration Council would like part of that funding.
In response to an inquiry by Commr. Hill, Mr. Goerner stated that the Health Department does not track illnesses related to toxic algae and there is no required reporting. He remarked that the Health Department does not have evidence of these illnesses because doctors do not know how to identify the illnesses. He asserted that respiratory problems caused by toxic algae are not being identified as such and this resolution will help present some idea of the health risks. Mr. Goerner stated that, while Florida has a major problem with toxic algae bloom, other states and other countries, especially Australia, are more advanced than Florida.
He reiterated his request for support from the Board for the Council’s resolution and stated that the Lake County Water Authority has unanimously supported the resolution.
Commr. Pool stated that, while the Council is trying to track a deadly organism or disease, swimming locations such as Jaycee Beach are being closed because water, which may be clean and free of toxins, has been stained by tannins. He remarked that swimmers may never be allowed back on some beaches unless the rules are changed.
Commr. Hanson asked Mr. Goerner to comment on Figure 1, Page 9, where the Ocklawaha River Basin overlaps east of US Highway 441 and SR 19 into the study area of the Wekiva Basin.
Mr. Goerner stated that all of these lakes are interconnected. The Council is dealing with the surface water quality. There is value in all of the drainage basins and we are not an independent watershed. He stated that our watershed extends to the Clermont Chain as well because the Clermont Chain, through the Palatlakaha system, feeds into Lake Harris. He stated that, while charged by the Legislature to specifically study the Harris Chain, the study area is extended into Lake Apopka.
In response to an inquiry by Commr. Hanson regarding getting more of our share of the dollars back into Lake County that historically have not been received, Mr. Goerner replied that one of the charges of the Council is to identify funding sources. He stated that Lake County residents purchase approximately $350,000 annually in fishing licenses and that money, funded to the State, is not coming back to Lake County. Studies show that for every dollar invested in restoration of lakes and fisheries four dollars in economic value is returned. He stated that, even with the Board’s understanding and the efforts of the Lake County Tourism & Economic Development Department, Lake County does not get the dollars paid in taxes back into the county. He confirmed that the Council will be more vocal and aggressive in identifying sources of revenue and will continue working with all local agencies.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved sending a letter supporting the Harris Chain of Lakes Restoration Council Resolution No. 2003-2 to the Florida Legislature.
Commr. Hanson commented that this could be the model for the State of Florida for this issue.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PROCUREMENT SERVICES - E911 CALL ANSWERING EQUIPMENT,
MAINTENANCE AND TRAINING PROJECT
Mr. Gary Kaiser, Public Safety Director, stated that staff requests approval of the contract with Sprint Public Safety for the enhancement of the E911 call answering equipment, and the maintenance and training projects. This will upgrade the system to meet Federal Communications Commission (FCC) General Docket 94-102 regarding the impacts of Phase 2 Wireless E911 and enable Clermont and Groveland to become Primary Public Safety Answering Points. Upgrades at the Lake County Sheriff’s Office, Lake Sumter Emergency Medical Services (EMS), and Leesburg Police Department will provide additional data tracking and report writing capabilities. Funding will come from the E911 surcharge budget.
Commr. Stivender stated that she attended a meeting yesterday with chiefs of police, the sheriff, and staff members. She confirmed that this system will enhance existing systems and secondary data will not be lost and there is language in the contract to support that.
A motion was made by Commr. Hanson and seconded by Commr. Pool for approval to award the contract for the E911 Call Answering Equipment, Maintenance & Training Project to Sprint Public Safety in accordance with RFP#03-045.
Under discussion, Commr. Cadwell expressed his appreciation to Mr. Kaiser for his leadership in the Public Safety Department. He stated that it is Mr. Kaiser’s leadership that has allowed all the police departments to work together and be in agreement on this issue.
Chairman Stivender called for a vote on the motion which carried unanimously, by a 5-0 vote.
GROWTH MANAGEMENT - SATISFACTION AND RELEASE OF FINE
CODE ENFORCEMENT BOARD CASE NUMBER CEB#102-99
Mr. Gregg Welstead, Growth Management Director, presented a request for approval and execution of a Satisfaction and Release of Fine on a Code Enforcement case on property which was previously owned by Richard A. Wiesner (CEB#102-99) who was found to be in violation on several occasions. Orders of Fine were recorded in the amounts of $4,500.00 and $37,000.00. The property was brought into compliance in April 2000 and was sold to William & Pat Bethel at a public tax deed sale on June 10, 2003. The sale resulted in an overbid of $1,062.47. The Bethels appeared before the Code Enforcement Board on October 8, 2003 and requested a reduction in the fines. After lengthy discussions, the Code Enforcement Board recommended that the fines be reduced to a total of $8,500.00, minus the $1,062.47 overbid amount, and a check for $7,437.53 was remitted to the County by Mr. and Mrs. Bethel. Mr. Welstead stated that the Bethels are appearing before the Board today to request that the fines be reduced further. He noted that staff had recommended to the Code Enforcement Board that the fine be reduced to the amount of the overbid, which is $1,062.47, and staff makes that same recommendation to the Board.
Discussion ensued regarding the purpose of the fines, which is to get the property cleaned up. It was also noted that title insurance often is not used prior to tax deed sales.
Commr. Hill stated that the Bethels spoke to her concerning the amount of the fine as well as the procedure used by the Code Enforcement Board at the October 8, 2003, hearing.
Mr. William Bethel stated that he has bought several properties in Lake County, as well as Orange County and Seminole County, at tax deed sales. He remarked that he cleans the properties and they go back on tax rolls. He stated that he purchased this particular property by mistake and, when he became aware of the lien on the property, he requested a hearing before the Code Enforcement Board. He presented and read notes to the Board (which are included in the backup material) that he took at the Code Enforcement meeting on October 8, 2003. He opined that the hearing seemed to be based on the location and value of the property and commented about the rudeness of the members on the Code Enforcement Board.
Commr. Stivender remarked that because this property has been clean since 2000 she does not understand why the Bethels would need to pay $8,500.00.
Commr. Pool commented that, in the future, fees that are collectible should be imposed. He opined that large fines which are later reduced to zero do not provide a deterrent. He expressed support for today’s issue but suggested that acceptable fines should be imposed and paid. He pointed out that these cases generate costs to the County in the form of staff time and newspaper ads and he would prefer a smaller fine that can be collected rather than an exorbitant fine that is forgiven.
Commr. Cadwell mentioned the upcoming Board workshop to discuss the various boards and committees. He pointed out that the Commissioners may disagree with the Code Enforcement Board’s recommendations but how people are treated by the Code Enforcement Board is a separate issue. He stated that he will look at the tape of the October 8, 2003, meeting because of this and previous complaints. He stated that the Commissioners should make sure that the various boards and committees are made up of people who understand they are volunteering their services to help citizens.
Commr. Stivender assured Mr. Bethel that the Board will look into that.
Commr. Hanson recommended that Chairman Stivender meet, if appropriate, with various boards that have problems.
Commr. Cadwell recommended that the Board hold the workshop and reach a consensus before the Chairman meets with the various boards.
Commr. Hill stated that in the past the Code Enforcement Board’s mission was to clean up properties, cover the County’s costs and get the properties back on the tax rolls. She stated that if the Board of Commissioners has a different mission for the Code Enforcement Board, the Commissioners need to have that discussion at a workshop.
Mr. Minkoff stated that the Growth Management Director and staff are currently working on the matrix that has been discussed with the Board so that everyone knows there is a clear set of rules regarding the amount of time allowed for clean up and the amount of inspection costs and that everyone will receive equal treatment.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request and execution of a Satisfaction and Release of Fine, and reduced the fine to a total amount of $1,062.47, on Code Enforcement Board Case Number CEB#102-99, property previously owned by Richard A. Wiesner.
REPORTS - COUNTY ATTORNEY
REQUEST FOR CLOSED SESSION
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s request to schedule Closed Sessions, to discuss ongoing litigation with Covanta Energy Corporation, at 10:00 a.m. on December 9, 2003, and December 16, 2003.
REPORTS - COMMISSIONER POOL - DISTRICT #2
EAST RIDGE HIGH SCHOOL FOOTBALL TEAM
Commr. Pool congratulated East Ridge High School on their remarkable performance and accomplishments in their first year in football. He added that they almost went to the state championship.
CLERMONT POLICE DEPARTMENT
Commr. Pool announced that the Clermont Police Department received accreditation again and was the first Lake County police department to be fully accredited.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
ELDER AFFAIRS TOWN HALL FORUM
Commr. Hanson announced that a Town Hall Forum with State Representative Hugh Gibson and Terry White, Secretary, Florida Department of Elder Affairs, will be held on Wednesday, January 7, 2004, at 6:30 p.m. in the Magnolia Room of the Everett Kelly Convocation Center at Lake Sumter Community College to discuss elder issues in Lake County. The meeting will be an open forum. It will be advertised and minutes will be taken.
ASTOR SEWER SYSTEM
Commr. Hanson announced that she attended the recent ribbon cutting ceremony for the Astor sewer system. She stated that Astor and Lake County have a lot to be proud of with this system. Approximately 600 homes are on line now and 1,500 septic tanks will be eliminated when the computer-run system is completed. Eliminating those septic tanks will greatly impact the clean up and restoration of the St. Johns River. She noted that there is very little odor and there will not be a spray field due to the deep injection system. She stated that this is a major accomplishment for Astor and for Lake County.
STATE ROAD 429 EXTENSION
Commr. Hanson stated that the Board voted unanimously to participate in the study of the State Road 429 extension into Lake County. She emphasized that this is only a study and before the Orlando-Orange County Expressway Authority (OOCEA) (Expressway Authority) can begin any project into Lake County, the Lake County Board of County Commissioners must approve it as specified in the agreement with the Expressway Authority.
Commr. Cadwell interjected that the Expressway Authority said they were coming to the Lake County line anyway and the Board decided it should have input into what is happening, at least, at the county line. He reiterated that the Lake County Board still has the say over the road and has not given up any decision-making power regarding the road.
Commr. Hanson commented that the Board probably has more say-so with the Expressway Authority than with some other agency such as Florida’s Turnpike.
Commr. Cadwell and Commr. Hanson added that some Sierra Club members have actually requested that the Board participate in the study.
Commr. Hanson opined that this road, ultimately, will become part of the State transportation system and the decision should, therefore, be the State’s responsibility. She stated that the Board should continue to remain in the study throughout the process. The results of the study might be available in a couple of months. She reiterated that the Lake County Board of County Commissioners must approve whatever recommendation comes forward.
Mr. Jim Stivender, Public Works Director, distributed a sheet entitled “Historical Facts on Orlando-Orange County Expressway (OOCEA) Activities in Lake County,” which is included in the backup material. He pointed out that studies on SR 429 and SR 46 are intermingled and will address the same or similar issues.
Commr. Pool announced that he will be attending the December 3, 2003, meeting of the SR429 Northwest Extension Working Group, a transportation subcommittee of the East Central Florida Regional Planning Council.
Commr. Hanson stated that she understands the concerns of the folks who live in the area because they do not know where the road will be or if the road will come in. She opined that the Board should wait until the study is completed.
Commr. Cadwell stated that 90% of the concerns are not about the road but are about what will happen with the land use in that area.
Commr. Hanson stated that she does not see the Wekiva Parkway being a major issue with the citizens in the community as long as the design criteria are in place and the environment is not destroyed and impacted. She stated that there is a citizen meeting tonight at Round Lake Elementary School which she will not be able to attend because of a conflict.
Commr. Cadwell remarked that he explained to citizens who had called him that the Board cannot participate in tonight’s meeting because of the Sunshine Law.
Commr. Hanson requested that Commr. Pool bring an update to the Board after the SR429 Northwest Extension Working Group meeting and stated that she will bring back a report after the Wekiva River Basin Coordinating Committee meets again in mid-December.
GRANT WRITER
In response to an inquiry by Commr. Hanson, Ms. Cindy Hall, Assistant County Manager, stated that the grant writer issue will be on the Board’s agenda on December 16, 2003.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
LAKE COUNTY SUPERINTENDENT OF SCHOOLS
Commr. Cadwell stated that he received a letter from School Superintendent Pam Saylor regarding a 2004 vote for appointed-vs-elected Superintendent of Schools and placing that item on the Board’s agenda. Subsequently, he received correspondence from School Board Chairman Jimmy Conner. Commr. Cadwell stated that he e-mailed Superintendent Saylor saying that the Board would not do anything until the Board hears back from the Superintendent or the Chairman after they have time to consider information from Senator Anna Cowin’s office.
LAKE COUNTY WATER SUPPLY GOVERNANCE STUDY
(ADDENDUM NO. 1, II. A. 1.)
Commr. Cadwell stated that he received a letter from Mr. Kirby Green, Executive Director of the St. Johns River Water Management District (a copy of the letter is included in the backup material), requesting that Lake County government representatives meet with Mr. Jake Varn and Ms. Linda Shelley of Fowler, White, Boggs and Banker, P.A., who will act as facilitators regarding the Lake County Water Supply Governance Study.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved that Mr. Bill Neron, Mr. Sandy Minkoff and Chairman Stivender, along with a staff member they choose, will be the four representatives who will meet with Mr. Jake Varn and Ms. Linda Shelley of Fowler, White, Boggs and Banker, P.A., regarding water issues and the Lake County Water Supply Governance Study.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3 AND CHAIRMAN
Commr. Stivender announced that she attended the Umatilla Christmas Parade on November 29, 2003, and noted that parades will be held December 6 in Clermont, Leesburg, Mount Dora and Tavares.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:36 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK