A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MARCH 16, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, March 16, 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; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. 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
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that the language contained in Tab 21, under the County Manager’s Consent Agenda, needed to be changed, noting that to be bid with the project will be dual left turn lanes onto SR 50, at the intersection of Hancock Road (1254), changing the total estimated cost of the project from $2,385,000.00 to $2,465,000.00, a change of $80,000.00
Commr. Stivender stated that she would be adding a Citizen Question and Comment Period to the Agenda, after Tab 31, and would be moving Tab 41, under her Reports, a discussion regarding a request from Ms. Lucille M. Espey-Francis to consider sending a letter to the President regarding the Patriot Act to that time slot in the meeting, noting that she had put said discussion under her Reports, because there was no Citizen Question and Comment Period on the Agenda.
MINUTES
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 17, 2004 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Riders, and Bond Reinstatement, as follows:
New
5532-04 Michael Coury, Inc. (Aluminum)
6063-04 Felix Martin (Electrical)
6100-04 Mark Gage d/b/a Gage Landscaping Construction Company, LLC
6167-04 Thomas P. Daley, III d/b/a Articulate Plumbing
6168-04 Robert Waterman (Electrical)
Riders
4407-04 Principal’s name has been changed to read:
Charles E. Binder/Binder Plumbing, Inc.
5066-04 Principal’s name has been changed to read:
Southern Air Conditioning and Heating, Inc.
5346-04 Principal’s name has been changed to read:
Ron’s Specialty Supply, Inc.
5560-05 Douglas Carver
Expiration date has been changed from 10/01/2004 to 10/01/2005
Bond Reinstatement
5737-04 Dennis Guinn d/b/a Guinn’s Electric
Satisfaction of Judgments
Request for approval of Satisfaction of Judgments (3), as follows:
State of Florida vs. Donald Ray Burnett, in the amount of $250.00 – Case Number 1994CF000172(04). This Final Judgment entered on the 7th day of November, 1994, and recorded in OR Book 1329, Page 1588, of the Public Records of Lake County, Florida.
State of Florida vs. Donald Ray Burnett, in the amount of $250.00 – Case Number 1994CF000172(04). This Final Judgment entered on the 15th day of August, 1994, and recorded in OR Book 1314, Page 0452, of the Public Records of Lake County, Florida.
State of Florida vs. Christine J. Dunn, in the amount of $100.00 – Case Number 1999CO003890. This Final Judgment entered on the 28th day of December, 1999, and recorded in OR Book 1788, Page 152, of the Public Records of Lake County, Florida.
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Agenda for Governing Board of Southwest Florida Water Management District Meeting
Request to acknowledge receipt of Agenda for Governing Board of Southwest Florida Water Management District Meeting for February 24 and 25, 2004, and Minutes from December 16, 2003, Governing Board Meeting.
Ordinances from Town of Lady Lake
Request to acknowledge receipt of Ordinance No. 2004-01, Adopting New Rules, Regulations and Fees for the Use of the Town Parks and Facilities, which was passed and resolved the 2nd day of February, 2004, by the Town Commission of the Town of Lady Lake, Florida; and Ordinance No. 2004-02, Amending the Town of Lady Lake Police Officers’ Retirement Fund, as adopted, pursuant to Ordinance No. 2002-18, which was passed on the first reading the 20th day of January, 2004, and passed and adopted on the second reading the 2nd day of February, 2004.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - In re: Petition for Approval of Tariffs Offering Energy Profiler Online Service and Remote Access Service, by Progress Energy Florida, Inc., Docket No. 031100-EI, Order No. PSC-04-0189-PCO-EI, Issued February 23, 2004. Order Suspending Tariff and Notice of Further Proceedings or Judicial Review.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - In re: Petition for Approval of Revisions to Sections 3.02 and 3.05 of Part III, New Service Extensions, Tariff Rules and Regulations, by Progress Energy Florida, Inc. Docket No. 031107-EI, Order No. PSC-04-0187-TRF-EI, Issued: February 23, 2004. Order Approving Tariff Revisions to Sections 3.02 and 3.05, by Progress Energy Florida, Inc.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hanson requested that Tab 7, a request from Community Services for approval of Human Service Grant Review Committee recommendation of funding of agencies who applied for funds to assist citizens of Lake County with a variety of human service needs; authorization for and signature on contractual agreements; and signature on any subsequent related documents be pulled from the County Manager’s Consent Agenda, for discussion; as well as Tab 15, a request from Public Works for approval and authorization to accept the final plat for Hilltop Park Subdivision and all areas dedicated to the public, noting that she would like some verification as to where Hilltop Park Subdivision was located.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budget
Request for approval of Capital Substitution – County Transportation Fund, Department of Public Works, Road Operations Division, in the amount of $26,000.00. Transfer $26,000.00 from Machinery and Equipment (funds remaining after purchase of grader leases, pickups, semi-tractor) to Machinery and Equipment ($22,000.00 – additional for asphalt distributor, $4,000.00 – sander truck). The asphalt distributor was purchased at auction for $72,000.00, but the budgeted amount was $50,000.00; therefore, an additional $22,000.00 is needed. A sander truck was purchased at auction for $4,000.00, but was not budgeted. Funds available from monies remaining after purchase of the grader leases ($2,410.00), pickups ($17,349.00), and semi-tractor ($6,241.00).
Community Services
Request for approval of revised Lake County Library System Confidentiality of Library Records Policy, LLC-9.
Request for approval and signature of Dynix Purchase and License Agreement for upgrade to Horizon software.
Request for approval of Proclamation No. 2004-30, declaring the week of April 12 through 18, 2004, as Community Development Week 2004 in Lake County.
Environmental Services
Request for approval for Water Resource Management Division to implement an Electronic Storage Tank Inspection Reporting System (ESTIR); and approval of related budget transfer, in the amount of $15,450.00.
Human Resources
Request for approval and signature on the amendment for COBRA/Retiree Administration from Employers Mutual, Inc. (EMI), on the County’s Third Party Administrator (TPA), for medical claims.
Public Works
Request for approval and execution of County Deed to Dewco Corporation, for a three foot strip of land adjacent to Cemetery Road, in Orange County, to clear title.
Request for approval and execution of an Interlocal Agreement with the City of Eustis, for the annexation of right of way and the transfer of jurisdiction for a roadway known as Alamo.
Request for approval to submit a Request for Proposal (RFP), for a drainage/stormwater quality evaluation of the Lake Harris and Little Lake Harris basin.
Request for approval and authorization to accept the final plat for Sunrise Lakes, Phase III, Subdivision, and all areas dedicated to the public, as shown on the Sunrise Lakes, Phase III, plat; accept a Surety Bond, for Construction of Improvements, in the amount of $457,899.20; and accept a Developer’s Agreement, for Construction of Improvements, between Lake County and KB Home Orlando, LLC. Phase III consists of 133 lots – Commission District 2.
Request for approval and authorization to accept the final plat for Spring Valley, Phase VII, and all areas dedicated to the public, as shown on the Spring Valley, Phase VII, plat; a Letter of Credit, for Performance, in the amount of $377,422.00; and to execute a Developer’s Agreement, for Construction of Improvements, between Lake County and the Siena Home Corporation. Phase VII consists of 61 lots – Commission District 2.
Request for approval and authorization to release escrow, for installation of landscape improvements, in the amount of $28,000.00, that was posted for Emerald Greens, Phase III, by Godfrey Custom Homes. Phase III consists of 19 lots – Commission District 1.
Request for approval of Resolution No. 2004-36, to advertise Public Hearing for Vacation Petition No.1021, by Jean E. Ryder, Representative Steven J. Richey, P.A., to vacate a portion of a drainage easement in the Plat of Pennbrooke, Phase 1K, Units I and II, located in Section 19, Township 19 South, Range 24 East, in the Leesburg area – Commission District 1.
Request for approval of Resolution No. 2004-37, to advertise Public Hearing for Vacation Petition No.1022, by Harvey L. Massey, Representative Robert R. Cyrus, to vacate and cease maintenance on a portion of a county maintained roadway known as Windmill Road (2917), located in Section 31, Township 20 South, Range 25 East, in the Leesburg area – Commission District 3.
Request for approval of Resolution No. 2004-38, to advertise Public Hearing for Vacation Petition No. 1023, by Bobby L. and Lorene Leininger, William G. and Julia R. Law, Representative Robert R. Cyrus, to vacate a reservation for road purposes, to clear title on property located in Section 22, Township 22 South, Range 24 East, in the Leesburg area – Commission District 2 and Commission District 3.
Request for approval and authorization to execute Change Order No. 2 to CR 452 (Lakeshore Drive) Widening and Resurfacing, Phase II, Project No. 2003-06, in the amount of $152,400.62, for drainage revisions.
Request for approval and authorization to advertise for bids for Hooks Street, Phase II, and Citrus Tower Boulevard Construction Project No. 2004-13, at an estimated cost of $2,465,000.00, from the Road Impact Fee Fund. Commissioner District 2 – Benefit District 5.
Purchasing
Request for approval to award the contract for RFP 03-130, for engineering services for CR 470, to Bowyer-Singleton & Associates, Inc., in the amount of $930,936.00.
Request for approval to award the contract for a 60 month operating lease for one wheel loader to Ring Power, Inc., subject to County Attorney approval, in accordance with RFP 04-038.
COMMUNITY SERVICES - HUMAN SERVICE GRANT REVIEW COMMITTEE
RECOMMENDATIONS
Commr. Hanson stated that, at the Board’s last workshop meeting, they discussed the various committees and the fact that there were some agencies in the community that need to count on funding, on an annual basis, as well as meeting some agencies’ on-going needs, without having to compete with those agencies that may be competing for a one-time grant, or a particular program that may be being put in place and questioned whether there had been any response from staff on the matter.
Mr. Bill Neron, County Manager, stated that staff had scheduled said matter as an item to be discussed by the Board at the Financial Retreat, which is to be held April 23, 2004.
A motion was made by Commr. Hanson and seconded by Commr. Hill to approve a request from Community Services for approval of a Human Service Grant Review Committee recommendation of funding of agencies who applied for funds to assist citizens of Lake County with a variety of human service needs, in the amounts presented at the meeting; authorization for and signatures on contractual agreements, contingent upon County Attorney approval; and signatures on any subsequent related documents, contingent upon County Attorney review and approval.
Under discussion, Commr. Cadwell requested staff to provide the Board with a list of where the other funding comes from for those agencies who have applied for funding before, so the Board can find out about each organization and where their other funding comes from, to enable them to make educated decisions.
Mr. Neron stated that staff would have said information available for the Board at the upcoming workshop.
PRESENTATION
AFFORDABLE HOUSING
Ms. Cheryl Thomas, Community Services, addressed the Board and gave a power point presentation regarding the County’s Affordable Housing Program, stating that the Board asked that they receive a report on the accomplishments of the Affordable Housing Advisory Committee. She stated that the Florida Statutes set forth a requirement for a committee like the County’s Affordable Housing Advisory Committee, the configuration of the committee, and specific duties. She stated that, on November 24, 1992, Lake County Resolution No. 1992-217established the Affordable Housing Advisory Committee and transitioned the members of the Affordable Housing Task Force to the Affordable Housing Advisory Committee, whose purpose, per Florida Statutes, was to recommend incentives and strategies to reduce regulatory barriers to developing affordable housing, present recommendations for the strategies and incentives to the local governing body, who would amend the Local Housing Assistance Plan to incorporate the strategies, which were submitted to the Board of County Commissioners on February 2, 1994. The Board of County Commissioners adopted the incentives and strategies on March 15, 1994, through Resolution No. 1994-53. She stated that, at that moment, the committee had fulfilled its statutory requirement.
Ms. Thomas stated that some counties chose to disband their advisory committees, once the statutory requirement was met, however, noted that Lake County’s committee has remained in place and active, making additional recommendations to the Board on Affordable Housing issues, which include impact fee waivers for SHIP participants and for individual families who meet SHIP guidelines for income eligibility. She stated that they have considered several requests for matching funds on different projects from municipalities, developers, and other organizations and have made a recommendation that SHIP funds be used as a match on a Straka Home affordable housing project. She stated that the committee has also provided other assistance to Lake County, such as working with the Community Development Block Grant (CDBG) Program to work on the impediments to Fair Housing. She stated that there are currently 11 members on the committee, plus a Liaison Commissioner.
Ms. Thomas stated that, in the latest projections of the Governor’s budget, if Lake County were to receive full funding from the Affordable Housing Trust Fund in the 2004/2005 program year, the County would receive $3,518,040.00, as opposed to what the County is scheduled to receive, which is $1,780,349.00. She stated that, in this report, which was put together by the Florida Housing Finance Coalition, the lost economic activity is projected to be $13 million in Lake County, consisting of the loss of 116 housing units and 259 jobs, which is significant. She stated that said money is very crucial to the County, because it enables people to become homeowners that probably would not be able to purchase a home without this kind of assistance. She stated that there are two prongs to the proposed cuts to the SHIP program, one being to eliminate it totally, although there is a great deal of lobbying to keep that from happening, and the second is to continue to cut the amount of available SHIP funds that are allocated, or to put a permanent cap on it and never allow any future growth, despite the fact that the fund itself and contributions to the fund from the counties will increase.
Commr. Cadwell interjected that, statewide, the Association of Counties is opposed to that and will continue to fight it.
Ms. Thomas gave the Board an update on the Affordable Housing SHIP Program, at which time she noted that 100% of their revenue comes from documentary stamps from real estate sales in the County. She stated that the SHIP funded Affordable Housing Program is structured to utilize several different types of partnerships to provide education, counseling, and intake of applications for the program and those relationships are key to the program.
Ms. Kelly Pisciotta, Executive Director, Affordable Housing by Lake, addressed the Board and thanked them and county staff for their participation, noting that, if it were not for everybody working together, there is no way the program would work, at which time she noted that Affordable Housing by Lake is in partnership with Homes in Partnership, Inc., Habitat for Humanity, and the City of Leesburg. She stated that Affordable Housing by Lake helps out with the educational component, in that they offer eight seminars per year for the residents of Lake County, so they can be educated about the program and home ownership. She stated that last year almost 700 people were educated through Affordable Housing by Lake and they have educated approximately 140 people so far this year, with another seminar coming up this week, all of which is done with absolutely no advertising on their part. She stated that the County does its yearly ad, which they are required to do by law, but most of it is through word-of-mouth. She stated that they are helping people achieve the American dream of home ownership and have been adamant about getting with the State and letting them know the need of this program, noting that it may be gone within a year, and, without it, the families she put into a house last year would not be in their houses and would still be paying from $700 to $900 per month in rent. She stated that, because of the partnerships, the Board, and everybody that has supported the program, it has been a wonderful one and they will continue to do what they can to get people into houses of their own.
Mr. Jim Fisher, Executive Director, Habitat for Humanity, addressed the Board and thanked them for their support of the SHIP Program, noting that it has been very helpful to the Habitat for Humanity organization and the families they serve. He stated that they are completing their eighty-third home this Spring, which is small in comparison to others, but is substantial to the Lake County organization, because they depend totally on donated dollars and resources and finance the homes themselves in a no interest bearing way. He stated that they are very excited about what is happening with their organization. He stated that they will be completing the placement of their eighth family this year and are hoping that next year they will be able to complete the placement of ten families. He stated that they are going to gradually move a couple of homes per year, so they can build the infrastructure that is needed in an organization to be a substantial player in the affordable housing market in the County.
Mr. Ken Thomas, Director of Economic Development and Housing, City of Leesburg, addressed the Board stating that the City of Leesburg has just gotten started with their housing program, but, thus far, everything has been going fine. He stated that the first time home buyers program the County offers has been very helpful, however, noted that a problem the City is being faced with is that they do not have homes available to place people into, so they are working in conjunction with local developers to find land to build houses on. He noted that it has been a pleasure working with the County’s staff.
Ms. Cheryl Thomas informed the Board that the Affordable Housing Program works with the Lake County Agricultural Center and Consumer Credit Counseling Services, as well. She stated that SHIP funds continue to be in jeopardy, so it is critical for everyone to know how important those funds have been to the citizens of Lake County. She stated that, from 1992 through February of 2002, $9,482,000.00 has been allocated, countywide, toward the home purchase program. She stated that a total of 1,512 homes have been purchased, with 882 of them being new construction and 630 being existing homes. She stated that, during that same time period, with regard to the home repair program, they have assisted 307 households with home repairs and allocated a total of $4,318,000.00 on a countywide basis. She thanked all their partners, county staff, the Board, and the Affordable Housing Advisory Committee members, noting that, without the support and lobbying efforts that every group has undertaken, the County would not have the SHIP dollars that it has today.
PUBLIC HEARING
ORDINANCE AMENDING THE MEMBERSHIP AND TERMS OF THE AGRICULTURAL ADVISORY COMMITTEE
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows, noting that changes contained within the Ordinance were changes that were discussed at the Board’s workshop meeting that was held in January of this year:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 2, DIVISION 6, OF THE LAKE COUNTY CODE, REGARDING THE AGRICULTURAL ADVISORY COMMITTEE; AMENDING SECTION 2-90.15, LAKE COUNTY CODE, ENTITLED MEMBERSHIP REQUIREMENTS; AMENDING SECTION 2-90.16, LAKE COUNTY CODE, ENTITLED PROCEDURES; AMENDING SECTION 2-90.18, LAKE COUNTY CODE, ENTITLED TERMS OF MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Hill discussed the changes that were made in the Ordinance, regarding the makeup of the committee, stating that she thought the recommendation from the agricultural community was that the County would be specific about the representation of each agricultural field on the committee, in that the committee would continue with its University of Florida representative, but there would also be a seat on the committee for the Farm Bureau, the ornamental horticultural field, the Citrus Commission, and different specific boards from those fields and then have an at-large representative from Finance, Marketing, and Education.
Commr. Cadwell stated that he thought the University of Florida representative would be a staff liaison to the committee, according to the way the Ordinance was written.
Commr. Stivender suggested that staff be given direction regarding the Ordinance and then bring it back to the Board at a later date.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding the Agricultural Advisory Committee Ordinance until a later date.
PUBLIC HEARING
ORDINANCE DISSOLVING THE PLANNING AND ZONING COMMISSION
AND CREATING THE LAKE COUNTY LOCAL PLANNING AGENCY AND
THE LAKE COUNTY ZONING BOARD
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 13.04.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PLANNING AND ZONING COMMISSION; DISSOLVING THE CURRENT PLANNING AND ZONING COMMISSION; PROVIDING FOR A SEVEN MEMBER ZONING BOARD; CREATING CHAPTER 17, LAKE COUNTY CODE, TO BE ENTITLED LOCAL PLANNING AGENCY; PROVIDING FOR TITLE; PROVIDING FOR PURPOSE AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; AMENDING SECTION 6.06.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED MINING SITE PLANS AND OPERATING PERMITS; AMENDING SECTION 7.00.04, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PERMITTED USES IN THE WEKIVA RIVER PROTECTION AREA; AMENDING SECTION 7.00.08, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TRANSFER OF DEVELOPMENT RIGHTS; AMENDING SECTION 14.00.09, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED RES JUDICATA; AMENDING SECTION 14.03.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED APPLICATION; AMENDING SECTION 14.03.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED STANDARDS FOR REVIEW; AMENDING SECTION 14.05.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED APPLICATION; AMENDING SECTION 14.05.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED STANDARDS FOR REVIEW; AMENDING SECTION 14.18.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; ENTITLED PUBLIC HEARINGS; AMENDING SECTION 22-7, LAKE COUNTY CODE, ENTITLED PLANNING AND ZONING COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Stivender informed the Board that she had discussed with the County Attorney, Mr. Sandy Minkoff, how applicants that are on two Boards that are quasi-judicial should be handled.
Mr. Minkoff stated that there is no legal reason why applicants cannot be on more than one Board, however, noted that the Board’s discussion of separating the quasi-judicial function and the planning function would lead them to say that they should not be on both types of Boards.
Commr. Cadwell stated that the Board tries not to appoint an individual to more than one Board, so that more people can be included in the process.
The Chairman opened the public hearing.
Mr. Robert Curry, Seminole Springs, addressed the Board stating that he had asked for a change to the advertised Ordinance at the Planning and Zoning Commission Meeting, to add wording that made sure the EAR (Evaluation, Appraisal and Report) was included as a function of the Land Planning Agency (LPA), however, noted that he did not hear that being stated this date and questioned whether it was included in the Ordinance.
Mr. Minkoff stated that the first page includes a Planning and Zoning Commission recommendation, which includes that language.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Hill questioned the fact that since the County was going from a Planning and Zoning Commission to a Zoning Board, whether the Board would no longer be a recommending body, but a final say, such as the Board of Adjustments, or whether they were still a recommending body.
Mr. Minkoff stated that, under this Ordinance, both of the new Boards - the Land Planning Agency and the Zoning Board would be recommending bodies only and would not have final authority.
Commr. Hill pointed out the fact that the Ordinance did not have the Zoning Board as a recommending body, under Functions, Powers and Duties, on Page 2.
Ms. Melanie Marsh, Assistant County Attorney, addressed the Board stating that the intent was to keep it as a recommending body, much as it functions at the present time. She stated that said language could be reinserted, noting that it was not intentionally deleted.
Mr. Minkoff noted that No. 1, on Page 2 of the Ordinance, would be left in, but that Nos. 2 and 3 would be taken out.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2004-13, dissolving the Planning and Zoning Commission and creating the Lake County Local Planning Agency and the Lake County Zoning Board, as amended.
PUBLIC HEARING
ORDINANCE AMENDING ORDINANCE NO. 2003-85 REGARDING MOBILE
HOMES
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.01.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ACCESSORY DWELLINGS; DELETING THE REQUIREMENT THAT ACCESSORY DWELLING UNITS BE CONVENTIONALLY BUILT STRUCTURES; AMENDING SECTION 10.02.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TEMPORARY HOUSING DURING CONSTRUCTION; DELETING SECTION 10.05.02(B), LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED REQUIREMENTS; DELETING SECTION 14.11.02(F), LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED FAMILY DENSITY EXCEPTION; CREATING SECTION 1.02.07, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SPECIAL VESTING PROVISIONS FOR MOBILE HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff informed the Board that the Ordinance picks up a couple of places in the Code where staff did not previously delete the mobile home reference. He stated that the main purpose of the Ordinance is that it creates a special vesting provision for mobile homes that were owned or ordered by mobile home dealers in Lake County prior to October 15, 2003, the effective date, noting that, if the dealers had them in inventory, the Ordinance would let them install them. He stated that there were some changes at the Planning and Zoning Commission Meeting that staff agrees to, one of which eliminates the requirement for an overhang on some of the mobile homes, and the Ordinance changed the effective dates and the vesting dates.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2004-14, amending Ordinance No. 2003-85, regarding Mobile Homes, as presented.
PUBLIC HEARING
ORDINANCE DISSOLVING THE CODE ENFORCEMENT BOARD AND
CREATING A CODE ENFORCEMENT SPECIAL MASTER PROCESS
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 8, LAKE COUNTY CODE, ENTITLED CODE ENFORCEMENT BOARD; REPLACING THE LAKE COUNTY CODE ENFORCEMENT BOARD WITH A SPECIAL MASTER PROCESS; PROVIDING CRITERIA FOR SPECIAL MASTER QUALIFICATIONS; PROVIDING FOR CRITERIA TO DETERMINE AMOUNT OF FINES; AMENDING SECTION 6-105, LAKE COUNTY CODE, ENTITLED PERMITS; AMENDING SECTION 6-106, LAKE COUNTY CODE, ENTITLED CERTIFICATE OF OCCUPANCY; AMENDING SECTION 6-107, LAKE COUNTY CODE, ENTITLED NOTICE OF UNSAFE STRUCTURE; DELETING SECTION 13-273, LAKE COUNTY CODE, ENTITLED ENFORCEMENT; AMENDING SECTION 14-53, LAKE COUNTY CODE, ENTITLED DEFINITIONS; AMENDING SECTION 14-58, LAKE COUNTY CODE, ENTITLED PROCEDURAL IMPLEMENTATION; AMENDING SECTION 14-59, LAKE COUNTY CODE, ENTITLED COUNTY ABATEMENT OF NUISANCE OR CORRECTION OF PROHIBITED CONDITIONS; AMENDING SECTION 14-60, LAKE COUNTY CODE, ENTITLED APPEAL; AMENDING SECTION 21-22, LAKE COUNTY CODE, ENTITLED ENFORCEMENT PENALTIES; AMENDING SECTION 21-53, LAKE COUNTY CODE, ENTITLED VIOLATIONS; AMENDING SECTION 21-158, LAKE COUNTY CODE, ENTITLED ENFORCEMENT CRITERIA; AMENDING SECTION 9.01.09, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ADMINISTRATION AND ENFORCEMENT; AMENDING SECTION 11.01.10, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ENFORCEMENT; AMENDING SECTION 14.05.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ACTION BY THE CODE ENFORCEMENT BOARD; CHANGING ALL REFERENCES TO THE CODE ENFORCEMENT BOARD TO CODE ENFORCEMENT SPECIAL MASTER; DISSOLVING THE LAKE COUNTY CODE ENFORCEMENT BOARD; PROVIDING SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff informed the Board that the Ordinance requires that the Special Master be either an attorney or a certified mediator. He stated that, in advance of the Board’s action this date, staff sent out a Request for Proposal, looking for people who are interested in filling these positions.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2004-15, dissolving the Code Enforcement Board and creating a Code Enforcement Special Master Process, as presented.
PUBLIC HEARING
ORDINANCE REGARDING MAXIMUM INTEREST RATE FOR ROAD
SPECIAL ASSESSMENTS
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 18, LAKE COUNTY CODE, ENTITLED ROADS AND BRIDGES; AMENDING SECTION 18-69, INTEREST, METHOD OF PAYMENT; CHANGING THE MAXIMUM RATE THAT MAY BE IMPOSED ON SPECIAL ASSESSMENTS TO TWO PERCENT (2%) PLUS THE PRIME RATE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2004-16, regarding the Maximum Interest Rate for Road Special Assessments, as presented.
PUBLIC HEARING
FEDERAL FISCAL YEAR 2004-2009 COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED PLAN PRE-PUBLICATION
Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, Community Services, addressed the Board and gave a power point presentation regarding the CDBG Program, noting that every three to five years jurisdictions receiving CDBG funds must prepare a consolidated plan outlining strategies for use of the funds over the next three to five years. She stated that last year the CDBG Division of the Department of Community Services volunteered to be a part of the Consolidated Plan Improvement Initiative, a pilot program sponsored by the U. S. Department of Housing and Urban Development (HUD), to streamline the consolidated planning process. She stated that, consequently, staff is preparing the County’s second consolidated plan a year early, using a template they developed, which is patterned on public housing authority plans and has been approved by HUD. She stated that federal regulations require that a minimum of two public hearings be held during preparation of consolidated plans - one prior to publication and one after publication. She stated that the hearing this date is the first to be held by the County, noting that three other hearings have been held by the County’s urban county partners, to provide opportunities for their citizens to comment on what they are proposing to do with their CDBG entitlements. She stated that staff will hold the County’s post publication public hearing in July of this year and will be presenting the results of a recently completed quality of life survey and a concept budget developed from the survey findings.
Ms. Eginton stated that, after this presentation, staff would be recommending that the Board open the hearing for public comment. She stated that staff elected to enhance the public participation process by distributing a quality of life survey to 1,248 low and moderate income households, between January 27 and February 27, 2004, and the results of the survey were used to develop recommended funding priorities. She stated that lack of public transportation, lack of jobs paying living wages, speeding cars, lack of affordable health care, and paved roads needing repair are the five issues of most concern to survey respondents, which is the best indicator of how fiscal year 2004-2010 CDBG dollars should be prioritized, being public transportation, roadway improvements, and health care. She stated that roadway improvements cannot be included in the list of recommended activities, because CDBG dollars cannot be used for roadway repairs and maintenance. She stated that economic development activities are being done with other funds and generalized law enforcement is not an eligible activity. She stated that, because transportation is considered a public service, there is a limit on the dollars that can be spent.
Ms. Eginton reviewed the proposed concept budget for the next five years, noting that most of the remainder of the presentation would be devoted to discussing activities within the five major categories. She stated that the quality of life survey showed that public transportation and health care are the public service issues of most concern to respondents and to meet this identified need, staff is proposing to continue the prescription program and congregate meal site transportation programs at current funding levels. She stated that, over the next two years, the County will be contracting with the local taxi cab company to provide short trips for transportation disadvantaged clients. She stated that, currently, the County is being charged a flat trip rate, however, feel that the cab company can provide cheaper and better service. She stated that this is a pilot project and, if successful, the cost will be transferred to state transportation disadvantaged funds, after the two years. She stated that the County will continue the weekend meal deliveries, but have reduced the funding, because other funding sources are available for this program. She stated that roadway improvements were also on the minds of survey respondents, at which time she noted that the County budgeted for the last three phases of roadway paving in Lake Kathryn and have also earmarked uncommitted funds from previous years to use as startup monies for the Community Enhancement Area (CEA) Program, which the Board will be hearing more about soon. She stated that the final two years will be funded at a higher level, when Lake Kathryn is finished, and staff is hoping that local funds could also be dedicated to this program. She stated that the County has not budgeted for the Paving Assessment Assistance Program, because there have not been any significant expenditures since the year 2000 and the County does not anticipate any in the near future. She stated that, instead, the County is proposing that paving assessment become an option under the CEA Program.
Ms. Eginton stated that the County’s urban county partners are also doing activities that ranked high on the survey, noting that the City of Tavares is planning to do a streetscaping project that will improve the west end of Main Street; Montverde will be doing construction phases of a three year sidewalk construction project in the older part of town; and Astatula will be constructing sidewalks on the west side of CR 561 next year. She stated that housing affordability issues also ranked high on the survey, consequently, staff is recommending that the home repair program be continued over the next five years at current funding levels, but that preference be given to residents of designated CEAs. She stated that the County has set aside 20% of the entitlement each year for administration and 5% for cost overrun contingencies. She stated that the Board supports the CEA Program and agrees to waive charging indirect costs to the grant, thereby, allowing the County to hire a Community Enhancement Coordinator to design and implement the program.
The Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Hanson stated that the efforts of Ms. Eginton, along with the dollars that have come in from block grants, have made a huge difference in the County.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Federal Fiscal Year (FFY) 2004-2009 Community Development Block Grant (CDBG) Consolidated Plan Pre-Publication, as presented.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
ENVIRONMENTAL SERVICES - FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION PERMIT ON ACREAGE DENOTED IN
SOLID WASTE PLAN FOR EXPANDED CLASS I MSW LANDFILL CAPACITY
Mr. Bill Neron, County Manager, informed the Board that this request was for approval to advertise for a Solid Waste Master Plan, to allow the County to obtain a permit and engineering services, to permit the additional 53 acres of landfill space, noting that there are approximately five years left on the existing cell. He stated that it is a two year process, so staff would like to get it started in advance, to allow the County to proceed with a Request for Proposal (RFP), to get engineering services and go through the permitting process.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Environmental Services for approval to pursue a Florida Department of Environmental Protection (FDEP) permit on 53 acres denoted in the Solid Waste Master Plan, for expanded Class I MSW landfill capacity.
PUBLIC WORKS - FUTURE CAPITAL PROJECTS AND PROPOSED
STRATEGY TO EXPEDITE THEIR CONSTRUCTION
Mr. Bill Neron, County Manager, informed the Board that a few weeks ago they approved the concept of a financing plan for $15 million for various capital projects under the local option sales tax, with the money to be divided into two areas - 50% for road projects and 50% for horizontal construction projects. He stated that staff has been working with the County’s financial advisors on this matter and have distributed to the Board a short report with five financing options. He stated that, after a thorough review and upon the advice of the financial adviser, staff is recommending that the Board approve going out for bids with the banking community for a 15 year bank loan variable rate line of credit, in the amount of $15 million.
It was noted that staff will do everything they can to encourage the local banks to participate with the County in this process.
Commr. Cadwell stated that, originally, he was in favor of bonding, as opposed to obtaining a line of credit, however, noted that it makes a lot more sense to do what staff has recommended. He stated that, as the projects move forward, the County will draw out the money and spend it, which is a good plan.
Mr. Neron informed the Board that staff was estimating a 45 to 60 day turnaround time to have the necessary pre-meeting, go out for proposals, and get it back to the Board for their consideration.
Mr. Jim Stivender, Jr., Senior Director, Public Works, stated that, once the bidding process is under way and the County encumbers the funds, it is going to take a while to get the jobs completed, which he estimates to be some time in 2005.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works to borrow $15 million, to expend $7,500,000.00 in road construction projects listed within the 2004-2008 Infrastructure Sales Tax Transportation Construction Program; and $7,500,000.00 in building construction projects listed within the 2004-2008 Infrastructure Sales Tax Renewal Capital Program (Repayment to come from future Infrastructure Sales Tax revenue).
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, a resident of Paisley, representing the Northeast Lake Chamber of Commerce, addressed the Board and thanked Commrs. Hill and Hanson for observing the 85th birthday of the American Legion, by presenting a Resolution honoring same; and thanked the Board for having the road work done on CR 439, which he noted was very much needed.
Mr. Hunter then discussed the issue of fire fees and the fact that he had received a 1977 edition map from the Property Appraiser’s Office, dated July 24, 2000, indicating that there are six taxing districts in Lake County. He stated that the Paisley Fire Station needs to be manned 24 hours per day, because the residents in that area of the County pay their fair share of fire taxes and have been doing so for years and years - in fact they pay more than three other districts in the County. He stated that each year their fees go up, yet their services become less. He stated that, for an additional $85 per year, Paisley and other rural areas in the County could have fire hydrants, dry wells, and deep wells installed and, after five years, it would cost the residents $15 per year to maintain the fire hydrants, which would change their Insurance Standard Operations (ISO) rating from a 9 to a 7, or possibly lower, which would save the residents enough money to pay their fire fees and give them a bonus, as well.
It was suggested that Mr. Hunter meet with Mr. Gary Kaiser, the County’s Public Safety Director, and Mr. Bill Neron, County Manager, to see what can be done regarding the matter.
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Ms. Lucille M. Espey-Francis, President, Lake County League of Women Voters, addressed the Board and requested that they consider sending a letter to the larger bodies of the Federal Government - the President of the United States, the Senate, Attorney General John Ashcroft, and the House of Representatives, chiefly because there are concerns about how the Patriot Act has impinged upon the Bill of Rights. She stated that there are certain provisions in the Act that were passed in haste that jeopardize the Fourth Amendment, the First Amendment, and the Sixth Amendment. She stated that the National League of Women Voters’ position is to oppose any congressional efforts to eliminate the sunset provisions of the Act. She referred to a letter, contained in the Board’s backup material, which was drafted by the Lake County League of Women Voters, asking the various branches of the Federal Government to make sure the Patriot Act is true to our Constitution and, if it is not, to immediately change those provisions of the Act that violate our historical freedoms and our civil liberties. She asked that the Board consider approving and sending the letter, stating that the Patriot Act has gutted many things that this country has fought and died for, for many years.
It was the consensus of the Board that it should be left to the Federal Courts to determine whether people’s rights are being violated by the Patriot Act and that they feel it would be premature, at this point in time, to send a letter to the President regarding said matter.
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Mr. Robert Curry, Seminole Springs, addressed the Board stating that, with regard to the matter of having fire services in the northeast portion of the County, he has added a fire stand to his well system, which he had installed at the end of his driveway, to allow the brush trucks to refill, due to the fact that there was no place for them to refill their trucks within five miles of his home. He stated that it is the only listed refill location in the Seminole Springs area and, due to his having said fire stand installed, insurance rates for the residents in that area of the County have been reduced.
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Ms. Jean Etter, a resident of Mt. Plymouth, addressed the Board asking that they adopt the Resolution supporting the recommendations contained in the Final Report of the Wekiva River Basin Coordinating Committee, noting that she feels very strongly about the matter. She thanked Commr. Hanson for the time she has spent on both Task Forces dealing with the Wekiva River Basin, noting that she has put an incredible amount of time and effort into seeing that their recommendations came forward to the Board. She stated that the Natural Resources Committee and the Senate Natural Resources Committee would be hearing Bill 1214 this date and she felt the Board’s support would add an important factor to it.
RECESS AND REASSEMBLY
At 10:40 a.m., the Chairman announced that the Board would recess for 5 minutes.
REPORTS - COUNTY MANAGER
RESOLUTION SUPPORTING RECOMMENDATIONS CONTAINED IN FINAL
REPORT OF WEKIVA RIVER BASIN COORDINATING COMMITTEE
Commr. Hanson pointed out the fact that this item should have been under her Reports; therefore, she would address it. She stated that she felt it was very important for the Board to go on record as supporting the final recommendations of the Wekiva River Basin Coordinating Committee, noting that the Board had a copy of said recommendations in their backup material. She stated that the cities are concerned about potential unfunded mandates and any costs that may cause a significant impact to their cities; however, she did not feel it was something the Board should address at this point in time, because it is somewhat addressed in the recommendations, at which time she noted that one of the recommendations is to have a citizens’ review committee that would oversee said recommendations. She stated that she did not feel the Resolution should be changed from what is contained in the Board’s backup material. She stated that another concern is that of property rights, however, noted that it is also addressed in the recommendations. She stated that she felt it was a fair set of recommendations to go to the State.
Commr. Cadwell interjected that he felt it was very important that the Resolution get to the House’s committee meeting this date, as opposed to the Senate’s committee meeting, noting that the Senate’s Bill is pretty close to what the Board has supported. He stated that the House’s Bill has some things in it that may seem like it would help local government, when, in fact, it will probably kill the Bill. He stated that it also has a sunset provision and the whole idea of the study was to protect that area from now on, so, for it to have a sunset provision would be detrimental to what the group has worked so hard to do. He commended Commr. Hanson for working very hard on this issue, noting that he attended some of the meetings and found them to be hard working, tough meetings.
Discussion occurred regarding how the Board could track the Bill, once it gets to Tallahassee, and whether the County should hire someone in Tallahassee to keep track of it, at which time Mr. Sandy Minkoff, County Attorney, stated that the County has been trying to follow the Bill at staff level, but, without some help in Tallahassee, they only get about 40% of what is going on. He stated that, if the House does not adopt the Senate’s Bill, which it does not look like it is going to do, the Board may want to get some assistance in Tallahassee to let them know when the meetings are going on, so they can be sure they support the Committee’s recommendations.
It was the consensus of the Board that the County Attorney’s Office monitor what happens in Tallahassee during the next couple of weeks, with regard to this Resolution, and, if something happens between now and the next Board Meeting, they be given the authority to reach out to someone to monitor the situation.
Mr. Minkoff stated that he felt the firm of Nabors Giblin would agree to do so and report any findings to the Board.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2004-39, supporting the recommendations contained in the Final Report of the Wekiva River Basin Coordinating Committee, and directed that a cover letter accompany said Resolution asking that no changes be made to the recommendations and that no other Bills be tacked onto it, but that it be left intact, as is.
OTHER BUSINESS
APPOINTMENT TO HISTORICAL MUSEUM ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Matthew Ragan as the At-Large Representative to the Historical Museum Advisory Committee, for a three year term, beginning March 28, 2004.
APPOINTMENTS TO LAKE COUNTY ZONING BOARD
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed individuals to the newly created Lake County Zoning Board, as follows:
Commission District 1
Timothy Morris
Commission District 2
Scott Blankenship
Commission District 3
James Gardner
Commission District 4
Robert Herndon
Commission District 5
Paul Bryan
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the following appointments to the Lake County Zoning Board:
At-Large Representative
Donald Miller
School Board Representative
Dennis Reid
APPOINTMENTS TO LAKE COUNTY LOCAL PLANNING AGENCY
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed individuals to the newly created Lake County Local Planning Agency (LPA), as follows:
Commission District 1
David Jordan
Commission District 2
Dan Matthys
Commission District 3
Michael Carey
Commission District 4
Richard Dunkel
Commission District 5
Nadine Foley
At-Large Representatives
Shawn Parks (Term expires 2005)
Keith Schue (Term expires 2007)
Barbara Newman (Term expires 2007)
School Board Representative
Dennis Reid
REPORTS - COUNTY ATTORNEY
RETENTION OF BRYANT MILLER & OLIVE, P.A. AS DISCLOSURE
COUNSEL
Mr. Sandy Minkoff, County Attorney, informed the Board that, in advance of some of the Board actions on the financing issue, staff sent out for a Request for Proposal (RFP) for disclosure counsel, noting that this particular counsel fulfills what used to be done by an underwriters counsel. He stated that they also do the offering statement, when the County does borrowings. He stated that several firms applied, however, noted that the selection committee, including Mr. Gary Cooney, from the City of Mt. Dora, recommended Bryant, Miller & Olive as their No. 1 choice. He stated that the County has negotiated an agreement, which is fair, compared with what other counties are paying, and would recommend approval of the request.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of the retention of Bryant Miller & Olive, P.A. as disclosure counsel for the County.
REPORTS - COUNTY ATTORNEY
COMPROMISE WITH DIOCESE OF ORLANDO/ST. TIMOTHY FOR FIRE
AND RESCUE ASSESSMENT FEES
Mr. Sandy Minkoff, County Attorney, informed the Board that this was the last fire assessment the County had with Lady Lake, when the building permits were not catching up with the assessment system. He stated that some of them were fairly old and there were some limitation problems, so staff was recommending approval of the request.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a compromise with the Diocese of Orlando/St. Timothy, for fire and rescue assessment fees for the church located in Lady Lake.
REPORTS - COUNTY ATTORNEY
HOME DEPOT ESTOPPEL CERTIFICATE
Mr. Sandy Minkoff, County Attorney, informed the Board that Home Depot is either refinancing or selling and this request pertains to a statement stating that they are in compliance and there are no outstanding debts to the County.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Home Depot Estoppel Certificate, for the purpose of assuring the purchaser that no code violations or assessments existed on their property, located in the Christopher C. Ford Industrial Park, prior to the time of closing.
REPORTS - COUNTY ATTORNEY
COUNTY’S PUBLIC RECORDS/SUNSHINE LAW SEMINARS
Mr. Sandy Minkoff, County Attorney, informed the Board that staff held the second of the County’s Public Records/Sunshine Law Seminars on Monday, March 15, 2004, and that approximately 70 members of county and city boards attended the meeting. He stated that staff held such a meeting three weeks ago in Clermont and had approximately 36 people attend, so approximately 106 members of city councils, city planning boards, county boards, etc., overall, attended the seminars, so he feels they were very successful.
REPORTS - COUNTY MANAGER
LETTERS TO STATE LEGISLATORS ADDRESSING CONCERNS OF LAKE
COUNTY
Ms. Cindy Hall, Assistant County Manager, addressed the Board and requested approval to submit letters to the appropriate state legislators, with the Chairman’s signature, that address concerns of Lake County, provided the letters support stated positions of the Florida Association of Counties. She stated that she had included two such letters in the Board’s backup material, noting that one was a general position letter, which expresses concern about unfunded mandates and reductions to trust funds, and the other letter expresses grave concern about the cost shift of the pre-disposition detention of juveniles to the counties.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved for staff to send letters to the State legislators, expressing concerns of the County, as alluded to by Ms. Hall.
Ms. Hall then informed the Board that she had a couple of interesting facts that she would like to bring to their attention, the first being that there has been a lot of discussion regarding cost shifts. She stated that there has been an analysis of how much that has taken place, noting that, since 1999, $3.6 million has been shifted away from county resources to the State. She stated that approximately $2 million of that will be recurring annually, which is a fairly large hit to the County. She stated that the legislators are under the impression that the counties are getting windfalls from the changes in the funding of the court systems; therefore, the County needs to make sure that they understand that that is not the case - that the County has already had a fair share of shifting that has taken place.
It was noted that every shift that is taking place this year is being blamed on Article V, when that is not the case.
Commr. Cadwell stated that the County needs to do a better job of explaining to the citizens that, when programs do not go away, but the funding does, the only funding source the County has are property taxes. He stated that, for the legislators to sit in Tallahassee and state that they are not going to raise taxes, when they are forcing the counties to do so, is ridiculous. He stated that the County needs to do a better job of letting the citizens know what is happening.
Ms. Hall informed the Board that she had a few items she wanted to bring to their attention that she would be writing letters on, with the Board’s approval, one being the fact that there is a proposal to cut State Aid to Libraries, at which time she noted that one of the Board’s legislative priorities was that it be increased back to the 2002/2003 level of 8.25 cents per dollar, which is currently being proposed at 4.95 cents per dollar - an additional decrease from what it had been this current year, which is an approximate $90,000 hit to the County’s revenue stream. She stated that the County will be supporting the reauthorization of the State and Local Housing Trust Funds. She stated that there are proposals in place that give land owners impacted by changes in agricultural land use, agricultural zoning, or residential densities a cause for action. She stated that FAC has asked that the County respond with language that states it opposes changes to the Bert Harris law that favor any industry and impedes the County’s ability to bring about a favorable resolution.
Ms. Hall stated that both the House of Representatives and the Senate have filed Bills dealing with Article V, but the County’s concerns are not met in the proposed legislation. She stated that there are a few small improvements, noting that there are provisions for counties and municipalities who use the services of the State Attorney’s Office and the Public Defender, there are some adjustments to filing fees, and there is a small fee that has been added to support Teen Court; however, on the flip side, they are putting some responsibilities back on the counties for communication services, such as fax machines, cell phones, printers, copiers, video conferencing equipment, and Information Technology (IT) support. She stated that the explanation is that the County is getting a windfall profit from the shifting of the court funding over to the State, which the County needs to clarify. She stated that, as far as staff’s own analysis is concerned, prior to these Bills, which they have not factored out yet, they thought the County was coming out with an approximate $70,000 deficit, if the County funds the local option items, so staff feels the County is not going to be seeing any kind of a surplus.
Ms. Hall stated that one item that is a good news item that is passing through both the House and the Senate is the Local Option Gas Tax Service Charge Reduction and, if, in fact, it goes through, the County will receive about $400,000 extra through gas tax monies. She stated that it is a good thing and is something that the County should support. She stated that an additional item that FAC has requested is for the County to oppose a mandated solid waste fee waiver for any non-profit organization that recycles greater than 50% of its waste. She stated that staff does not have any data to indicate how much of a hit that would be to the County, but it is likely that it would be a couple hundred thousand dollars, so staff would like for the Board to oppose it.
Ms. Hall informed the Board that the State has increased its sales tax revenue estimates, which should help them, at the State level, as they are doing their budget, however, noted that she was not sure the County would receive any repercussions from it, on the good side. However, on the other side, she noted that the retirement rates came in and they are a little higher than what staff thought they would be, so it all balances out.
Commr. Hanson recommended that Ms. Hall and Chairman Stivender sit down with the County’s local legislators, on an individual basis, regarding the matter. She stated that the effort Ms. Hall made in pulling the numbers together was very enlightening and she feels it is important to get the County’s local legislators on board and that they understand.
It was noted that the County no longer gets a portion of the intangible taxes, due to the restructuring of revenue sharing a couple of years ago.
Commr. Pool suggested putting said information on the County’s web site, to educate the public about what is going on, noting that the average person does not understand why the County has to raise service fees, or not provide a service. He stated that, when the State passes fees onto the County, it has no option but to increase taxes, or find a way to cut one budget to add to another.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
METROPOLITAN PLANNING ORGANIZATION MEETING
Commr. Cadwell informed the Board that he would not be present at the next Metropolitan Planning Organization (MPO) Meeting, which is scheduled to be held March 24, 2004, due to the fact that it is the same day as the Florida Association of Counties Legislative Meeting, however, urged the Board to go forward with said meeting.
REPORTS - COMMISSIONER POOL - DISTRICT 2
PIG ON THE POND EVENT
Commr. Pool informed the Board that the Pig on the Pond event in south Lake County was a great one. He stated that the weather cooperated beautifully and several thousand people attended the event, which was very exciting.
REPORTS - COMMISSIONER POOL - DISTRICT 2
MEETING AT LAKE-SUMTER COMMUNITY COLLEGE REGARDING SR 50
Commr. Pool stated that Thursday, March 18, 2004, a meeting will be held at Lake-Sumter Community College, at 5:00 p.m., regarding SR 50 and what is planned for it. He invited anyone interested in finding out what can be done about SR 50 to attend.
REPORTS - COMMISSIONER POOL - DISTRICT 2
LAKE COUNTY FAIR
Commr. Pool invited everyone to attend the Lake County Fair, which runs from April 8-17, 2004, and to participate in the steer and swine sales that will be going on.
REPORTS - COMMISSIONER POOL - DISTRICT 2
ALAMEDA SANDRA ROAD
Commr. Pool stated that a group of citizens contacted him very concerned about Alameda Sandra Road, in the Clermont area, and the fact that people who do not live in the area use it as a short-cut, rather than taking Oswalt Road out to Lakeshore Drive. He stated that he was asked whether the County could close the road, on a temporary basis, to see what traffic patterns may or may not occur. He stated that a traffic signal is warranted at Oswalt Road and Lakeshore Drive and feels the County needs to consider installing one there, noting that it is a quality of life issue.
Mr. Jim Stivender, Jr., Senior Director, Public Works, stated that Oswalt Road is part of a study that is coming before the Board in the near future and he feels that would be the appropriate time to bring the matter up for discussion. He noted that roads are generally only closed on a temporary basis in an emergency situation.
It was noted that staff would look into the matter of traffic cutting through neighborhoods, creating a dangerous situation for those neighborhoods, and bring a report back to the Board at a later date.
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Public Works
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and authorization to accept the final plat for Hilltop Park Subdivision and all areas dedicated to the public, as shown on the Hilltop Park Subdivision plat. Subdivision consists of six lots - Commission District 4.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
NATIONAL COUNTY GOVERNMENT WEEK IN LAKE COUNTY
PROCLAMATION
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2004-40, proclaiming April 18 through 24, 2004, as National County Government Week in Lake County.
REPORTS - COUNTY MANAGER
LEADERSHIP LAKE COUNTY GOVERNMENT DAY
Mr. Bill Neron, County Manager, informed the Board that April 14, 2004, is Leadership Lake County Government Day. He stated that he is the Chairman of the program and will need some Commissioners to participate in an event that will be held that afternoon, so he will be getting back to them at a later date, in order for them to put it on their calendars.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LETTER IN SUPPORT OF 2ND ANNUAL CENTRAL FLORIDA DRAGON
BOAT FESTIVAL
Commr. Stivender informed the Board that March 19-20, 2004, the City of Tavares and the Rotary Club of Tavares will be holding the 2nd Annual Central Florida Dragon Boat Festival at Wooton Park, in Tavares, with the dragon boat races to be held March 20th, on Lake Dora, and that they would like to have a letter of support from the County, to include in their packet of information, therefore, requested authorization from the Board to write said letter. She noted that 35 teams will be participating in the races this year, including a team from the County.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board authorized the Chairman to write said letter.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:35 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK