A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 20, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, January 20, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; and Robert A. Pool. Commr. Catherine C. Hanson was not present, due to illness. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Debbie Stivender gave the Invocation and led the Pledge of Allegiance.
Mr. Sandy Minkoff, County Attorney, requested approval to schedule a Closed Session for the Board Meeting to be held January 27, 2004, to discuss the Covanta issue, if needed.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.
Commr. Cadwell stated that he would be giving the Board a report on the Joint Officers Meeting of the Florida Association of Counties, the Florida School Boards Association, and the Florida League of Cities that was held recently, under his Reports.
Commr. Hill stated that she would be bringing up for discussion, under her Reports, the situation involving the proposed Fruitland Park wastewater treatment plant.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:
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.
Request to acknowledge receipt of list of property placed on the Lands Available List. Lake County has until March 16, 2004 to purchase property from Lands Available List before it is made available to the public.
Request to acknowledge receipt of City of Mascotte Notice of Voluntary Annexation and Proposed Enactment of Annexation Ordinance. Pursuant to State laws and the Code of Ordinances, notice is hereby given that the City Council of the City of Mascotte, Lake County, Florida, at a regular council meeting to be held at 6:30 p.m. on Monday, January 12, 2004, in the Mascotte Community Building, 121 North Sunset Avenue, Mascotte, Florida, intends to adopt and enact Ordinance Number 2003-12-346, annexing certain real property into the City of Mascotte, owned by Langley Fruit Company, Inc.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Request for approval of a new policy, Use of Meeting Rooms in Lake County Library System Branch Libraries.
Request for approval and authorization to advertise for bids Culvert Replacement Project No. 2004-02, at an estimated cost of $500,000.00, from the Stormwater Management Fund – Commissioner District 2.
Request for approval of Resolution No. 2004-14, advertising Public Hearing for Vacation Petition No.1016, by Don M. Buckner, to vacate Lots 13 and 14, Block 5, as shown on Plat No. 2, Cisky Park, located in Section 31, Township 19 South, Range 25 East, in the Leesburg area – Commission District 1.
Request for approval of Resolution No. 2004-15, advertising Public Hearing for Vacation Petition No.1018, by Mary S. Atkinson Estate, Representative Steven J. Richey, P.A., to vacate a 30 foot unnamed right of way, in the Plat of Eldorado Heights, located in Section 33, Township 18 South, Range 27 East, in the Clermont area – Commission District 4.
RIVENDELL RESIDENTIAL PROGRAM
Ms. Lori Britt-Tomlin, Regional Vice President, Human Services Associates, Inc. (HSA), addressed the Board and gave a brief presentation regarding the Rivendell Residential Program (formerly known as the Lake County Boy’s Ranch), at which time she requested approval of a Letter of Support for a funding request being submitted to the Legislature, noting that said funds will be used to purchase equipment for vocational training of the youth currently residing at the facility, which is operated by Human Services Associates. She stated that they were not asking for any funding from the Board, but simply a vote of support to ensure the Legislature that it will not create a local conflict if they approve the request.
Commr. Cadwell questioned whether there were any other agencies that provide this type of service that approval of the request would conflict with and was informed by Mr. Fletcher Smith, Senior Director, Community Services, that to his knowledge there were not.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the request from Ms. Lori Britt-Tomlin, Human Services Associates, Inc., for a Letter of Support for legislative funding to purchase equipment for vocational training of the youth currently residing at their facility, as noted.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PROGRAM ANALYSIS AND CONTRACT MANAGEMENT - LIFESTREAM
BEHAVIORAL SERVICES, INC. TO PROVIDE TRANSPORTATION
SERVICES FOR THE TRANSPORTATION DISADVANTAGED
Mr. Bill Neron, County Manager, informed the Board that this was a request from Program Analysis and Contract Management for approval of the contract authorizing LifeStream Behavioral Services, Inc. to provide transportation services for the Transportation Disadvantaged population of Lake County. He stated that staff was recommending that the contract be extended through the end of December, 2004; that the Board authorize staff to waive the bid procedures and hire Tindale-Oliver & Associates, the firm that helped the County do its Master Plan for the Transportation Disadvantaged; and to update that Master Plan, for consideration by the Board later this Summer. He stated that they will also, as part of the process, based on the actions taken by the Board this Summer, go out for a Request for Proposal (RFP) to look at providing the services into the year 2005. He stated that, under the proposal, the County will use funds from the Reserve for Contingency for Transportation Disadvantaged to cover increased costs and level of service. He stated that the County will also be implementing a deviated fixed route to help offset some of the costs. He stated that staff realizes this service is one that is going to be challenging, from a cost standpoint, but one that is vital to the community. He stated that, with cutbacks from the State and the Federal levels, the challenge for local support in years to come is going to be more and more challenging for the Board.
Mr. Bill Faye, Alzheimer’s Helpers, addressed the Board stating that Alzheimer’s Helpers is a non-profit charity group that focuses on residents in nursing homes. He stated that they had recently made arrangements to take a group of residents from a nursing home in Leesburg out for the day, however, were informed by the nursing home staff that the Lake County Transit service would no longer be available to them. He stated that said residents are in wheelchairs and their time is spent in the hallways of the nursing homes looking at the ceiling, so his group tries to take them out once a month and do things that will stimulate their senses. He referred to an article from a local newspaper, where the headline read, “Commissioners Seek Better Service for Elderly, Disabled, and Low Income Residents”, noting that there is not a category in any other part of the County’s population that fits those descriptions better than residents in a nursing home. He stated that they have depleted their assets and they are certainly disabled, or they would not be in a nursing home. He stated that it is a moral booster to get the residents out for the day and something that they look forward to all month. He stated that there is something very wrong in not providing this service to those residents and feels that something needs to be done about it.
Mr. Neron stated that he would have staff look into the matter, to see what can be done.
Mr. Dwayne Zimmerman, LifeStream Behavioral Services, Inc., addressed the Board stating that LifeStream Behavioral Services has had an excellent working relationship with the County’s staff in negotiating this agreement and are very pleased with the outcome and hope the Board will support the motion.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the contract between the County and LifeStream Behavioral Services, Inc., authorizing them to provide transportation services for the Transportation Disadvantaged population of Lake County from February 1, 2004 through December 31, 2004; that the Board authorize staff to waive the bid procedures and hire Tindale-Oliver & Associates, the firm that helped the County do its Master Plan for the Transportation Disadvantaged; to update said Master Plan, for consideration by the Board at a later date, sometime this Summer; and that, as part of the process, based on the actions taken by the Board this Summer, go out for a Request for Proposal (RFP); to look at providing the services into the year 2005; that, under the proposal, the County will use some of the funds from Reserve for Contingency for Transportation Disadvantaged to cover increased costs in the level of service; and that a deviated fixed route system will be implemented to help offset some of the costs involved, per the recommendations of staff.
FOR YOUR INFORMATION ITEM
VESTED RIGHTS DETERMINATION
The following vested rights determination has been issued. (Complete letters of determination may be reviewed in the Board Office as part of the original agenda packet.)
Vested Rights Determination regarding Parcels 1-4 of Lot Approval (LA No.90-162) a.k.a.
Alternate Key No.1443962 (O. H. Roberts Property)
Lake County will not deny the owner(s) of Parcels 1-4 of LA No.90-162, acting in good faith, the right to develop the parcels as residential lots, in accordance with the Rural Residential ®-1) Zoning District. For the purpose of this Vested Rights Determination, acting in good faith shall mean from the date of this Vested Rights Determination:
1. This Vested Rights Determination is recorded within three months from the date of the Vested Rights Determination.
2. All provisions of the Lake County Land Development Regulations relating to the development of Parcels 1-4 of LA No.90-162 as residential lots shall be met and a septic tank permit issued, or connection to a central sewer system for Parcels 1-4 shall be required.
3. A building permit for a primary structure (single family residence) is issued for one of the parcels, in association with Parcels 1-4 of LA No.90-162 within three years from the date of this Vested Rights Determination, and said building permit does not expire before a Certificate of Occupancy can be issued.
This determination is subject to the right to appeal to the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida, or at the option of the owner, via the provisions of the Florida Land Use and Environmental Disputes Act, Chapter 95-181, Laws of Florida.
APPOINTMENT TO LAKE COUNTY PLANNING AND ZONING COMMISSION
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the appointment of Mr. Dennis Reid as the School Board’s representative on the Lake County Planning and Zoning Commission.
REPORTS - COUNTY ATTORNEY
PROPOSED ORDINANCE CONCERNING AMENDMENTS TO LAND
Mr. Sandy Minkoff, County Attorney, informed the Board that this was a request to advertise an Ordinance which makes several changes to the County’s Land Development Regulations (LDRs), cleaning up some areas where mobile home references were missed that were previously there, as well as recognizes a situation that staff was not aware of before the Board approved Mobile Home Ordinance No. 2003-85. He stated that, apparently, a 24 foot wide mobile home is not really 24 feet wide, but 23 feet 6 inches, unless it is specifically ordered to be 24 feet wide, so some of the dealers in Lake County had some homes in their inventory that had been ordered that failed meeting the new requirements by six inches. He stated that this Code allows those mobile homes that were in the County before the effective date to qualify as 24 feet wide.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to advertise a proposed Ordinance concerning Amendments to LDRs, resulting from Mobile Home Ordinance No. 2003-85.
Commr. Cadwell requested the County Attorney to give him a breakdown on what it cost to advertise said Ordinance and go through the process, for the six inches that the mobile homes were lacking in meeting the requirements of the Code.
REPORTS - COUNTY ATTORNEY
AGREEMENT BETWEEN LAKE COUNTY AND BRUCE DUNCAN FOR OUTSIDE
LEGAL SERVICES TO THE CODE ENFORCEMENT BOARD AND BOARD OF
Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval of an agreement between the County and Mr. Bruce Duncan, with Potter, Clement, Lowry & Duncan, to serve as counsel for the Code Enforcement Board and the Board of Building Examiners, which are Boards where the County provides outside counsel. He stated that Mr. Duncan’s bid was slightly higher than the other bid, but the other bidder had no governmental experience whatsoever. He stated that staff was recommending Mr. Duncan, based on his background.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of an Agreement between Lake County and Mr. Bruce Duncan, relating to outside legal services to the Code Enforcement Board and the Board of Building Examiners, as presented.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Richard Langley, Attorney, representing Mr. Michael Lynch and Ms. Susan Puryear, addressed the Board regarding a request from his clients for the Board to review and withdraw Conditional Use Permit No. 993-1, for Marco Hunting and Fishing Club, Inc., located on Johns Lake, in Clermont, at which time he submitted, for the record, a handout containing various letters, documents, charts, aerials, and photographs pertaining to said Club. He stated that they are violating their CUP, in that they have not observed the setbacks that were required; automatic weapons are being fired on their property, in close proximity to a residential area; there is no observable safety system in place; it is not believed to be limited to members only; there is no safety officer present when guns are being fired on the property; they have an extended, above ground dock, rather than a floating dock that they were allowed to have, because of extensive fishing in the lake; and they are violating the minimum 50 foot easement to their property. He stated that, besides being a nuisance to the surrounding residents, it is a great danger to them, as well, as it is currently being operated. He stated that it is a matter of public safety and welfare and his clients feel that the County needs to investigate the matter, to see that they meet legal and recommended requirements for a firing range. He stated that his clients were told by the Lake County Planning and Zoning Commission that they have no jurisdiction over the matter, thus, their reason for bringing it before the Board. He stated that he is not against guns, noting that he is a lifelong member of the National Rifle Association, an honorary Captain of the National Rifle Association, and owns dozens of guns himself, he just feels that they do not mix with a populated area.
It was noted that there are residential developments being constructed around the property in question and the CUP stated in 1985 that, upon development of the area, it would be reviewed.
Commr. Pool stated, for the record, that he met with Mr. Lynch and Ms. Puryear prior to this meeting and informed them that the matter needed to be brought before the Board for discussion and possible action.
Commr. Hill disclosed, for the record, that she had spoken with Mr. Lynch regarding the matter prior to this meeting, as well.
Mr. Sandy Minkoff, County Attorney, interjected that there is a group of lawyers who represent the Marco Hunting and Fishing Club, at which time he noted that his office has been contacted by both sides in this case and there may be ongoing litigation. He stated that, apparently, Code Enforcement inspected the property and determined that there were no violations. He stated that it may be better to ask staff to look into the matter and bring a report back to the Board at a later date, than to get into the actual facts of the case.
It was the consensus of the Board that staff review a tape that they would be provided with by Mr. Langley of automatic weapons being fired on the property and bring a recommendation back to the Board at a later date.
Ms. Ellen Miller, Chairperson, Lake County Elder Affairs Coordinating Council, addressed the Board stating that the Council plans to hold A Symposium About Positive Aging on February 26, 2004, from 8:30 a.m. to 3:45 p.m., at Lake Receptions in Mt. Dora. She extended an invitation to the Board to attend the Symposium, noting that the Secretary of the Florida Department of Elder Affairs, Mr. Terry White, will be a keynote speaker.
REPORTS - COUNTY ATTORNEY
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to schedule a Closed Session for the Board Meeting to be held January 27, 2004, for the purpose of discussing the Covanta issue, if needed.
REPORTS - COMMISSIONER HILL - DISTRICT 1
PROPOSED FRUITLAND PARK WASTEWATER TREATMENT PLANT
Commr. Hill informed the Board that the citizens from District 1 have been calling the County, with regard to the proposed Fruitland Park wastewater treatment plant. She stated that she would like for the Board to direct staff to review the situation and give them a report, noting that it could be in written form, if that was preferable to the Board, rather than putting it on a future Agenda.
It was the consensus of the Board that staff do so.
REPORTS - COUNTY MANAGER
NEW HUMAN RESOURCES DIRECTOR FOR THE COUNTY
Mr. Bill Neron, County Manager, introduced the County’s new Human Resources Director, Ms. Sharon Wall, noting that she comes to Lake County from Hillsborough County and that this was her first day on the job.
REPORTS - COMMISSIONER POOL - DISTRICT 2
SR 429 NORTHWEST EXTENSION WORKING GROUP
Commr. Pool gave the Board a brief report on the SR 429 Northwest Extension Working Group, noting that they had a very lengthy meeting and dealt with many important issues. He stated that they came to a consensus to embrace, as a group, the plan of the Wekiva Parkway, going from SR 429 to the SR 46 corridor, as well as the Maitland connection, which would be the Apopka Bypass, and the concept of bringing a short road up to the SR 46 area outside Mt. Dora.
Mr. Keith Schue, Sierra Club, addressed the Board stating that he felt relatively good about the meeting, noting that a consensus was reached toward a project that he feels everyone can wrap their arms around and go forward with, which is the SR 429 extension, being the Wekiva Parkway and a limited connection up to SR 46, in the vicinity of Sorrento, which he noted creates a bypass for the Mt. Plymouth/Sorrento community, while at the same time creating the Wekiva Parkway. He stated that there is a real benefit to looking at it in a regional context, noting that they are trying to solve the transportation needs of the area, be sensitive to the environment, and, coupled with that, acquire some important parcels of property for preservation, which will be a benefit not only to the environment, wildlife corridors, and springshed protection, but a recreational benefit to the people who live in that area, as well.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LETTER OF SUPPORT FOR FEDERAL FUNDING THROUGH STATE AND
TRIBAL ASSISTANCE GRANTS PROGRAM
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a Letter of Support, requested by the St. Johns River Water Management District, to apply for federal funding through the State and Tribal Assistance Grants Program.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
LAKE-SUMTER EMS SEALED BID ON 1995 FORD F350 AMBULANCE
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request for Lake-Sumter EMS to do a sealed bid on a 1995 Ford F350 ambulance.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
2004 JOINT LEGISLATIVE STATEMENT
Commr. Cadwell informed the Board that he attended a Joint Officers Meeting of the Florida Association of Counties, the Florida School Boards Association, and the Florida League of Cities, and ended up with three Joint Legislative Statements for 2004, being: (1) that there be no shift in funding at the local level; (2) to support revising Florida’s sales tax to conform to the Streamlined Sales Tax Project, to allow Florida to require remote vendors to collect and remit Florida’s state and local option sales tax; and (3) that the School Board Association and the Board of County Commissioners stand together to oppose any legislation that would limit their ability to impose impact fees, noting that there is going to be a push this year to make a deal with the School Board Association to promise them some dedicated dollars if they give up that ability. He stated that they got the School Board Association to agree with them that that would not be the thing to do, in that, even though it may benefit them right now, down the road those dollars may or may not be there and they would have given up their home rule right regarding the matter.
Commr. Cadwell stated that another issue that they were not yet ready to bring forward is that of annexation, noting that the County Attorney is in the process of working with a group of city and county staff, to try to come up with some annexation language together, because each year the County has gone to the Legislature with two sets of language, so the Legislature ends up doing something that does not help anybody, or they do nothing. He stated that, with regard to the Community Redevelopment Agency (CRA), they were not close to having language that they all could agree on, however, noted that they will continue to work on it and pledged that, if during this legislative session they did not get any legislation that would assist them with it, they would form a working group that day and start working on it, as opposed to waiting a month before the session to start working on it as they have done in the past. He stated that he felt it was a very positive meeting for all three organizations and he was glad to get the three Legislative Statements out of the meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:40 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK