A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 4, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, May 4, 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; 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.
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda and that Tab 11, a request from Public Works for approval to accept and sign a Purchase Agreement to acquire a 23 +/- acre parcel of land from Carrol E. and Renelda M. Gatch, located on the north side of Getford Road, at the requested purchase price of $281,920.00 ($12,000.00 per acre); and approval of a Capital Substitution in the Stormwater Land Acquisition (610) Account, to substitute this project for other projects where easements have been or are anticipated to be donated, be pulled from the Agenda, noting that the Board took action on said request at the Board Meeting of April 27, 2004, due to it being a time sensitive matter.
Commr. Stivender stated that she would like to move Tab 28, a request for approval and execution of a Proclamation proclaiming May 6, 2004 as a National Day of Prayer in Lake County, up on the Agenda, to be addressed after Tab 21, before the Citizen Question and Comment Period.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 29, 2004 (Special Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Cancellation, and Riders, as follows:
6171-04 Willard Holmes d/b/a True Power Electrical, Inc.
6172-04 Jeffrey A. Spears d/b/a Soffit Masters, Inc.
6173-04 Brian King d/b/a Native Pools of Lake County
6174-04 Timothy Maclaughlin d/b/a A Current Installation (Electrical)
6024-04 James A. Richardson d/b/a Azalea Oaks, Inc.
1516-04 Principal’s name changed from Richard L. Weis to 3 D Plumbing Co., I LLC
1691-04 Principal’s name changed from Franklin L. Russell d/b/a Russell’s Electrical Service to Franklin L. Russell d/b/a Russell’s Electrical Service, Inc.
4501-05 Principal’s name changed from Lecil Johnson to Johnson & Son Roofing, Inc.
5781-05 Principal’s name changed from Richard A. Trapp to Richard A. Trapp Builders, LLC
5790-04 Principal’s name changed from David Ulrich, 3440 NE 49th Street, Ocala, FL 34479 to D R U Finish Trim, Inc., P. O. Box 4470, Ocala, FL 34478-4470
5983-04 Principal’s name changed from David B. Easter d/b/a Easter’s Landscaping and Irrigation to David B. Easter d/b/a Easter’s Landscaping and Irrigation, Inc.
Satisfactions of Judgment
Request for approval of Satisfactions of Judgment, as follows:
State of Florida vs. Jeremy Albert Burris, in the amount of $200.00, Case No. 2002 CO 3321. This Final Judgment entered on the 2nd day of April, 2002, and recorded in OR Book 2299, Page 2456, of the Public Records of Lake County, Florida.
State of Florida vs. Robert Didone, in the amount of $250.00, Case No. 1996 CF 000190 (03). This Final Judgment entered on the 19th day of August, 1996, and recorded in OR Book 8448, Page 676, of the Public Records of Lake County, Florida.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 2004, in the amount of $234,753.22. Same period, last year: $165,219.55.
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.
Minutes of Governing Board Meeting of Southwest Florida Water Management District
Request to acknowledge receipt of Minutes of the Governing Board Meeting of the Southwest Florida Water Management District for February 24, 2004; and Agenda for the Governing Board Meetings of the Southwest Florida Water Management District for April 27 and April 28, 2004.
Notice Before Public Service Commission
Request to acknowledge receipt of Notice Before the Public Service Commission - In re: Petition for approval of depreciation rate applicable to new plant sub-accounts for Hines Unit 2, by Progress Energy Florida, Inc., Docket No. 040008-EI, Order No. PSC-04-0357-PCO-EI, Issued April 5, 2004 - Order Granting Request to Implement Depreciation Rates on a Preliminary Basis and Notice of Further Proceedings or Judicial Review.
St. Johns River Water Management District Annual Financial Report for 2002/2003
Request to acknowledge receipt of St. Johns River Water Management District Annual Financial Report for 2002/2003, for a period that ended September 30, 2003.
Ordinances from City of Eustis
Request to acknowledge receipt of Ordinances from the City of Eustis, as follows:
Ordinance No. 04-09 - Annexing approximately 0.25 +/- acres located at Dixie Avenue - Carolyn L. Wilson - property as described. Passed, Ordained, and Approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of March, 2004.
Ordinance No. 04-11 - Annexing approximately 0.20 +/- acres located at Dixie Avenue - Doretha Sceal - property as described. Passed, Ordained, and Approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of March, 2004.
Ordinances from City of Leesburg
Request to acknowledge receipt of Ordinances from the City of Leesburg, as follows:
Ordinance No. 04-14 - Annexing certain real property consisting of approximately 4.42 acres and being generally located west of U.S. Highway 27 and north of Pelican Island Drive, and as further described. Passed and Adopted at the Regular Meeting of the City Commission of the City of Leesburg, Florida, the 12th day of April, 2004.
Ordinance No. 04-17 - Annexing certain real property consisting of approximately 17.82 acres generally located north of U.S. Highway 441 and south of State Road 44, and as further described (Silver Lake Estates). Passed and Adopted at the Regular Meeting of the City Commission of the City of Leesburg, Florida, the 12th day of April, 2004.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Request for approval of the following:
Resolution No. 2004-69, amending the General Fund, in order to receive unanticipated revenue for Fiscal Year 2003/2004, in the amount of $43,991.00, deposited into Surplus Furniture/Fixtures/Equipment Sales, and providing appropriations for the disbursement for Other Current Charges (Procurement Services) - $1,800.00, Office Supplies (Procurement Services) - $5,050.00, and Reserve for Contingency - $37,141.00.
Resolution No. 2004-70, amending the Landfill Enterprise Fund, in order to receive unanticipated revenue for Fiscal Year 2003/2004, in the amount of $48,685.00, deposited into Surplus Furniture/Fixtures/Equipment Sales, and providing appropriations for the disbursement for Reserve for Operations - $48,685.00.
Request from the Clerk’s Office for payment of Criminal Court costs for March, 2004. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is $37,165.00.
Request for approval of a minor amendment to the Fiscal Year 2002 One Year Action Plan, for the construction of the Montverde Town Hall.
Economic Development and Tourism
Request for approval of the sale of Lot 27, in the Christopher C. Ford Commerce Park, to Bar Land Company, LLC, at $35,000.00 per acre, for approximately 13.14 acres; and approval to execute all related documents.
Request for approval of the sale of Lot 28, in the Christopher C. Ford Commerce Park, to the R. A. Siegel Company, at $35,000.00 per acre, for approximately 11.97 acres; and approval to execute all related documents.
Request for approval of the sale of Lot 17, in the Christopher C. Ford Commerce Park, to W. Q. Investments, LLP, at $35,000.00 per acre, for approximately 4.99 acres; and approval to execute all related documents.
Request for acknowledgment of For Your Information Item: The Land Value Committee of the Industrial Development Authority (IDA) met on April 14, 2004, to discuss the price per acre in the Christopher C. Ford Commerce Park, as was directed by the Industrial Development Authority (IDA) on April 8, 2004. The Land Value Committee established new prices per acre, as follows: $50,000.00 per acre on all remaining lots except Lot 37. Lot 37 (117 acres) was priced at $30,000.00 per acre.
Request for approval of Proclamation No. 2004-71, designating May 8 through 16, 2004 as National Tourism Week.
Request for approval of Amendment to Developer’s Agreement for Reclamation Activities related to the Center Lake Sand Mine.
Request for approval and authorization to award Culvert Replacement Project No. 2004-02 to Built-Rite Construction, at a cost of $632,151.00, from the Stormwater Management Fund; and approval of budget change request to transfer $632,151.00 from Stormwater Management Fund-Special Reserve to Stormwater Management Fund-Improvements – Commissioner District 2.
Request for approval to award Countywide Resurfacing Project No. 2004-01 to Orlando Paving Company, at a cost of $2,147,813.43, from the Renewal Sales Tax Capital Projects Fund, and to award the alternate item, to pave the Clerk’s Record Center Parking Lot, at a cost of $18,758.00, from the Sales Tax Capital Projects Fund; and approval of a budget change request, in the amount of $523,291.00. Total cost of the project is $2,166,571.43.
Request for approval of Resolution No. 2004-72, authorizing the posting of “No Parking on Right of Way” signs on the north and south sides of Hollow Lane (4523A), in the Leesburg area.
Request for approval of Resolution No. 2004-73, authorizing the posting of speed limit signs on the following roads in the Sorrento area:
Majestic Oaks Drive (4585)
Oak Prairie Circle (4685)
Oak Bluff Drive (4785)
Woodvine Drive (4685A)
Oak Canopy Drive (4885)
Oak Cluster Drive (4885A)
Request for approval and authorization to release a Letter of Credit, for Construction of Improvements, in the amount of $644,781.03, that was posted for Mission Park, Phase 2.
Request for approval and authorization to accept the final plat for Plantation at Leesburg, Brampton Village, and all areas dedicated to the public, as shown on the Plantation at Leesburg,
Brampton Village plat. Plantation at Leesburg, Brampton Village consists of 55 lots – Commission District 3.
Request for approval and authorization to accept the final plat for Plantation at Leesburg, Summerbrooke Village, and all areas dedicated to the public, as shown on the Plantation at Leesburg, Summerbrooke Village plat. Plantation at Leesburg, Summerbrooke Village consists of seven lots – Commission District 3.
Request for approval and authorization to accept the final plat for Silverwood Subdivision, and all areas dedicated to the public, as shown on the Silverwood Subdivision plat; accept a Cashier’s Check, in the amount of $26,400.00, posted for Maintenance; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Silverwood Land Development; and execute Resolution No. 2004-74, accepting Rockdale Drive (CR 5423A) and Shadewood Circle (CR 5423B) into the County Road Maintenance System, all relating to the Silverwood Subdivision. Subdivision consists of 49 lots – Commission District 1.
Request for approval to award contract for Master Space and Facilities Plan to Carter Goble Associates, Inc., in accordance with RSQ 04-040, for $184,074.00; and approve Budget Transfer from Reserves, to fund the study.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Request for approval of Proclamation No. 2004-67, designating May, 2004 as Law Enforcement Month in Lake County.
The Chairman presented Employee Awards, as follows, at which time Ms. Sharon Wall, Employee Services Director, made brief comments regarding each employee:
Presentation of Award to Employees with Five Years of Service
Philip C. Aldrich, Fire Lieutenant, Public Safety/Fire and Rescue
Debbie A. Fore, Environmental Inspector, Environmental Services/Water Resources and Environmental Programs/Household Hazardous Waste
Kirk L. Biccum, Firefighter/EMT, Public Safety/Fire and Rescue
Earl T. Harris, Jr., Firefighter/Paramedic, Public Safety/Fire and Rescue
(Mr. Gary Kaiser, Director of Public Safety, addressed the Board and gave a special recognition to Mr. Harris, noting that he is an Intelligence Sergeant with the First Battalion, 124th Infantry Regiment, Florida National Guard, who recently served in Iraq, where he collected and analyzed information from the front line infantry companies on patterns and trends of enemy activity, assisted in collecting intelligence and interviewing enemy prisoners of war, and served as Acting Convoy Commander for resupply convoys, while attached to the First Brigade, First Infantry Division, and that, while operating closely with the Division of Special Forces, his battalion was responsible for capturing over 500 prisoners of war, including two of the top fifty-five “most wanted”. He stated that, for service in Iraq, Sergeant Harris received the Army Commendation Medal and Global War on Terrorism Expeditiary Medal and that, now reassigned as the First Sergeant for the 253rd Military Intelligence Company in Tampa, he has returned to the County’s ranks and is undergoing refresher training, prior to assuming his former position as Firefighter/Paramedic, Public Safety/Fire and Rescue. He asked that everyone join him in welcoming Sergeant Harris home.)
William Dustin Minton, Firefighter/EMT, Public Safety/Fire and Rescue (Not Present)
Presentation of Award to Employee with Ten Years of Service
Kenneth E. Scheitler, Jr., Senior Building Inspector, Growth Management/Building Services/South Lake Annex
Presentation of Award to Employees with Fifteen Years of Service
Walter D. Wood, Senior Hydrogeologist, Environmental Services/Water Resources and Environmental Programs
Michael W. Bass, Firefighter/Paramedic, Public Safety/Fire and Rescue (Not Present)
Presentation of Award to Employee with Twenty Years of Service
Susan J. Nies, Senior Probation Clerk, Community Services/Probation
Presentation of Award for Employee of the Quarter - 1st Quarter
David Walker, Senior Maintenance Specialist, Public Works/Special Services/Facility
Presentation of Award for Supervisor of the Quarter – 1st Quarter
Tommy Leathers, Director of Code Enforcement Services, Growth Management/Code Enforcement
PRESENTATION - SUPERVISOR OF ELECTIONS
CREATION OF NEW PRECINCTS
Ms. Emogene Stegall, Supervisor of Elections, addressed the Board stating that she was proposing precinct boundary changes in three precincts, due to a large number of voters at each precinct, as follows:
In Clermont, Precinct No. 15 has over 4,000 registered voters, so she would like to split it, using Hwy. 27 as the boundary, creating Precinct No. 97. She stated that there will be 2,155 registered voters on the east side and 2,191on the west side.
In Mt. Dora, Precinct No. 31 will be split, by using Waterman Village boundaries, to create Precinct No. 98. She stated that there are 350 registered voters in Waterman Village.
In Tavares, Precinct No. 55 will be split, using Royal Harbor’s boundaries to create Precinct No. 99. She stated that Royal Harbor has 500 registered voters as of this date and they are only about half built out.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the proposed precinct changes, as follows:
City of Clermont - Split Precinct No. 15, creating Precinct No. 97
City of Mt. Dora - Split Precinct No. 31, creating Precinct No. 98
City of Tavares - Split Precinct No. 55, creating Precinct No. 99
REPORTS - COMMISSIONER HANSON - DISTRICT 4
NATIONAL DAY OF PRAYER PROCLAMATION
Ms. Linda Rozar, a local resident, addressed the Board stating that this was the 52nd Annual Observance of National Day of Prayer, at which time she invited all officials and citizenry of the County to attend observances that were scheduled to be held at the City Halls in most of the County’s major cities. She requested a moment of silence for the fallen heroes of the war on terrorism, whether they were civilian or military.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2004-75, proclaiming May 6, 2004 as a National Day of Prayer in Lake County.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham, a resident of Forest Hills, addressed the Board and discussed the following concerns:
(1) Mr. Whigham stated that he read in a local newspaper where approximately $1 million was collected to help flood victims in the County and wanted to remind the Board that Forest Hills still has several flood areas that have not yet been taken care of, to prevent future flooding, and questioned whether monies from the Lake County Water Authority and the St. Johns River Water Management District could be donated toward preventing flooding in those areas.
(2) Mr. Whigham questioned whether fishing docks could be built in the Lake Mack area, noting that many of the residents would be willing to donate money toward the costs of said docks.
Commr. Cadwell stated that he would like to hold a community meeting first, to make sure that the majority of the residents want the fishing docks.
(3) Mr. Whigham stated that another concern he had was the fact that Forest Hills and surrounding areas need a regularly scheduled bus route to and from Volusia County, to go to work, health facilities, shopping, etc.
It was noted that the County has a Transportation Disadvantaged Committee that is looking into the matter and is scheduled to hold a meeting regarding same on May 17, 2004, at 2:00 p.m., in the Board of County Commissioner’s Meeting Room.
(4) Mr. Whigham continued addressing concerns he had, noting that he has been trying to get the County to let the residents in Forest Hills utilize the old Forest Hills Fire Station, which has not been used for fire and rescue for approximately one year. He stated that he would like to see it turned into a community center, but still have it available for fire and rescue needs, during emergency situations.
(5) Mr. Whigham stated that he would like to see more money put toward parks and recreation in the Forest Hills area, noting that there are currently a couple of parks in the area, but they have not been maintained and do not have much recreational equipment to speak of, or covered shelters for picnicking.
PRESENTATION - COMMUNITY ENHANCEMENT WORKING GROUP REPORT
Ms. Liz Edington, Director of the Community Development Block Grant Program, addressed the Board and acknowledged members of the Community Enhancement Working Group that were present in the audience, at which time she thanked them for all their hard work, perseverance, and willingness to attend countless meetings. She then gave the Board a report from the Community Enhancement Working Group, noting that it is comprised of 14 county agencies and has been meeting since last Summer. She stated that they are proposing a different approach to community enhancement, from what has been done in the past. She thanked Mr. Mark Baysden, Safe Neighborhoods Coordinator with Orange County, who assisted the Working Group in an advisory capacity. She stated that services to Lake County’s underserved communities have traditionally been delivered with little coordination among the providers and the result has been mostly temporary quality of life improvements. She stated that the Working Group would like to increase sustainability and introduce a more efficient way of doing business by instituting neighborhood-based planning initiatives and geographically coordinating service delivery. She stated that they predict the result will be increased community involvement and maximization of scarce resources. She stated that they envision a six step community enhancement, or, as they call it, a CEA (Community Enhancement Area) process. She stated that the first three steps will result in identification of a prototype community enhancement area, noting that the initial action was to designate selection criteria. She stated that they envision using distress indicators, such as (1) low incomes; (2) low property values; (3) high crime rates; (4) low educational attainment; (5) lack of investment; and (6) poor health.
Ms. Edington stated that the next step is to identify potential community enhancement areas, noting that they have a starter list, compiled from the 2000 U.S. Census, the County’s Comprehensive Plan, and the Working Group’s local knowledge and expect to add to it, as potential stakeholders, when the Sheriff’s Office is consulted. She stated that the third step establishes the process, with selection of the first CEA, noting that the mechanics will be worked out later this year. She stated that information gathered from hard data, neighborhood stake holders, and service providers will be combined into a needs statement unique to that neighborhood. She stated that how the information is gathered will be tailored to the preferences and capacity of neighborhood stakeholders. She stated that a Governing Board from the neighborhood needs to be appointed, to oversee information gathering, planning, and, ultimately, implementation. She stated that the selection process transitions into the strategic planning phase, whereby needs are matched with available resources, to develop action steps. She stated that county and auxiliary agencies will be expected to contribute in their particular area of expertise and to designate resources to implement the plan. She stated that the Governing Board will also be encouraged to apply for funds to carry out activities. She stated that, before implementation can begin, the strategies must be approved by the Board and incorporated into relevant planning documents. She stated that implementation will be jointly overseen by the subject CEA Governing Board and a county interagency team designated by the Board. She stated that the overseers will be expected to ensure that implementation is proceeding as planned, to evaluate results, and make any changes necessary to the implementation strategies. She stated that it is important not to forget to celebrate accomplishments and to recognize those involved.
Ms. Edington stated that the final step shifts resources to other CEAs, noting that, by this time, socioeconomic improvements occurring simultaneously with physical improvements will greatly improve the sustainability of both. She stated that the initial CEA should have achieved substantial expertise of how to help themselves, both internally and through leveraging of funds. She stated that there must be a high probability for success in the prototype CEA for the program to continue. She stated that, by now it should be clear that the CEA process is grounded in certain basic assumptions, being: (1) that a holistic approach to community enhancement maximizes use of scarce resources; (2) community improvements need to be sustainable; (3) citizen participation and empowerment also ensures sustainability and should be the basis for identifying community needs; and (4) success breeds success. She stated that this is why they are emphasizing the importance of picking an initial CEA with the high probability for success. She stated that a neighborhood-based, geographically coordinated approach to community enhancement ensures the sustainability of improvements through better quality of life and builds overall capacity with the neighborhoods, to address quality of life issues. She stated that the CEA model also results in improved communications, planning, and coordination between individual communities and county government, thereby, increasing citizen empowerment. She stated that greater operation, efficiency, and community sustainability augments leveraging opportunities and enhances planning and coordination between the County’s public agencies and its communities. She stated that organizational changes needed are minimal, noting that formalizing of the community enhancement working group or some other interagency body, as determined by the Board of County Commissioners, will happen first. She stated that establishment of the selection process and assignment of areas of responsibility for identification and selection of CEAs will take place simultaneously. She stated that the final and most significant change will be the need to hire a full time staff person to coordinate the program, at which time she noted that staffing costs can be paid from CDBG funds, if the County is willing to waive charging indirect costs to the grant. She stated that the most immediate work product will be a table outlining assets, issues, and associated policy objectives of potential CEAs. She stated that the second work product will be a designation process and the third will be lists of stakeholders and potential stakeholders, with the next being maps of potential CEAs. She stated that updated, consolidated, and comprehensive plans will designate future study areas and allocate CDBG and other funds. She stated that the final group of work products will be community profiles, needs assessments, and plans outlining improvement strategies. She stated that a list of key elements for success summarizes what they have been talking about, noting that they realize that initial and continued support and endorsement for both management and decision makers at the top and neighborhood stakeholders at the bottom is essential for success. She stated that they feel the result will be increased coordination resources interrelating to more opportunities for leveraging additional resources and success builds upon success.
Commr. Hanson stated that she felt Ms. Edington did an outstanding job on the report, noting that she found it to be very impressive, reading through it. She stated that she feels the leveraging that can be accomplished by all the departments working together could be tremendous. She noted that she feels Wekiva Falls is a community that is fairly well isolated and needs to be included in the CEA.
Commr. Pool stated that he would like to see the Four Corners area of the County added to the list, noting that it is an area with a number of people that need attention.
Mr. Bill Neron, County Manager, stated that he felt the initial thrust of the program was more at the low income areas and that he felt the Working Group wanted to go very slow and get one or two of those areas under their belt and then expand into other areas. He stated that they need to crawl, before they try to run.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following recommendations of the Community Enhancement Working Group:
(1) Approval of the creation and implementation of the Community Enhancement Area Program.
(2) Designation of the Community Enhancement Working Group as overseers for the program.
(3) Creation of the Community Enhancement Coordinator Position.
(4) Waiving of indirect costs for the Community Development Block Grant (CDBG) Program.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
GROWTH MANAGEMENT - ADOPTION OF RECOMMENDATIONS OF PUBLIC
LANDS ACQUISITION ADVISORY COMMITTEE (PLAAC)
Ms. Nadine Foley, Vice Chairman, Public Lands Acquisition Advisory Committee, addressed the Board stating that she is currently the Acting Chairman of the Committee (PLAAC), noting that the Chairman had to resign, due to a family crisis. She stated that the Committee was asked to submit recommendations to the Board regarding (1) the specific types of lands to be purchased in the County’s Public Lands Acquisition Program; (2) the recreational opportunities that are appropriate for those lands; and (3) the guidelines for management of acquired lands. She stated that said recommendations were contained in a report (Report of Proposed Acquisition, Use, Maintenance Standards for Lands Acquired Under the Environmental Lands Acquisition Referendum) that was submitted to the Board in a Memorandum, dated April 22, 2004, contained in the Board’s backup material. She stated that the report was an interim report, noting that the Committee hopes to come back to the Board with more details at a later date. At this time, she reviewed the report and the Committee’s recommendations, as follows:
It is recommended by the PLAAC that land acquisition be broken down into four main categories, which will cover the many types of land that have been discussed for this program. An overarching objective of land protections following any of these categories is the positive effect on Lake County’s water resources. The four categories are:
(1) Protection of Water Resources: Lands would be purchased or protected for enhancement of surface water and groundwater quantity, as well as quality. Land characteristics of special concern may include those with geologic/hydrologic conditions that would easily enable contamination of vulnerable aquifers that have value as drinking water sources; property that serves as an important groundwater recharge function; property that contains, or has direct connections to lakes, creeks, rivers, springs, sinkholes, or wetlands for which conservation of the property will protect or improve surface water quality; and property that serves an important flood management function other than manmade water retention facilities.
(2) Protection of Natural Communities and Landscapes: Lands would be purchased or protected that contain a diversity of natural communities; property containing natural communities that are rare; ecological quality in the communities present on the property; property that is functionally connected to other natural communities; property adjacent to properties that are in public ownership, or have other environmental protections such as conservation easements; property that is large enough to contribute substantially to conservation efforts; property that contains important, Florida-specific geologic features, such as caves, or springs; and property that is relatively free from internal fragmentation from roads, power lines, and other features that create barriers and edge effects.
(3) Protection of Plant and Animal Species: Lands would be purchased or protected that serve as documented or potential habitat for rare, threatened, or endangered species, or species of special concern; property that serves as documented or potential habitat for species with large home ranges; property that contains plants or animals that are endemic, or near-endemic, to Florida or Lake County; property that serves as a special wildlife migration or aggregation site for activities such as breeding, roosting, colonial nesting, or over-wintering; property that offers high vegetation quality and species diversity; and property that has low incidence of non-native invasive species.
(4) Protection of Social/Human Values: Lands would be purchased or protected that are suitable for parks, sports fields, trails, and recreation lands; property that offers opportunities for compatible user-oriented and/or resource-based outdoor recreational facilities and programs; property suitable for connective trails, greenways, or blueways; land that will protect open space from overdevelopment; property that has historic, archeological, or cultural significance, and property that contributes to urban green space, provides a municipal defining greenbelt, provides scenic vistas, or has other value from an urban and regional planning perspective.
Ms. Foley stated that the Committee feels active recreation facilities, such as golf courses and associated support facilities, should not be developed from these funds.
Recreational Uses of Acquired Lands
In the development of a recommendation for recreational opportunities appropriate for acquired lands, the Committee used the Statewide Comprehensive Outdoor Recreation Plan of Florida, which speaks of outdoor recreation as any leisure time activity conducted outdoors. Within the vast range of such a definition lie an almost unlimited number of possible activities. The two primary categories used throughout Florida are user-oriented outdoor recreation and resource-based outdoor recreation.
The Committee reviewed recreational opportunities relative to each of the four categories of land use protection objectives. Some recreational uses and land-types are obviously as compatible as others are incompatible. Because of the variability of recreational uses, the Committee would recommend that recreational opportunity for land acquired is prioritized in the following order:
• Resource based
Considering that each property will likely have unique characteristics, each property will require a Site Management Plan that will outline the proposed recreational activities, as well as the level or intensity of site management. Site Management Plans will encompass the entire property and will be based on site-specific features and criteria.
Management of Acquired Lands
Appropriate management of acquired Public Lands is the final element of this report and recommendation. The Committee feels very strong that the referendum funds should be able to purchase land for active recreation facilities and programs, but that operating funds should be derived from other sources. The Committee supports the recommendation of the Parks and Recreation Master Plan, which puts the three functions of parks, trails, and environmental (public) lands under the same County Department/Division and managed by the same Director. They agree that the Public Lands Section will require professional staff trained and experienced in the acquisition, development, and management of multi-use environmental/recreational lands. The specific level of staffing, equipment, supplies, and timing should be determined through the creation of a Lake County Public Lands Management Plan, which should be completed prior to the bond referendum election in November of this year. This Plan should serve to refine the preparation work done by the Parks and Recreation Master Plan and the work of the Environmental Lands Management and Acquisition Study Commitee and the Public Lands Acquisition Advisory Committee.
Primary funding for the management of these lands can come from the allowable holdback of non-bonded funds set aside in a trust fund for this specific use. Included in the Plan will be a recommendation for a percentage holdback that will allow for the development of a long-range management budget program. Considering existing public lands, current potential acquisitions, current designated funding sources, and potential passage of the bond referendum, it would be in the County’s best interest to consider the acquisition of a Manager/Supervisor for this specific function by the first of the year.
In providing a recommendation for guidelines for appropriate management of acquired lands, the Committee reviewed several existing maintenance systems. All are established programs used throughout the country. The Committee is recommending the National Recreation and Park Association Park Maintenance Standards Mode System. This system establishes six levels of operational maintenance, based on issues such as public usage, funding, community standards, site requirements, and others. The modes range from minimum maintenance of low visitation undeveloped lands up to state of the art maintenance for high quality, high usage diverse landscape. It would be normal that certain properties would move up or down the original site mode level established, due to the above factors. The mode level would be established originally, and potentially change over time, as a result of the specific properties Site Management Plan.
Ms. Foley stated that the Committee is very enthusiastic about the Public Lands Acquisition Program and look forward to moving forward with it. She stated that they were submitting the recommendations she reviewed this date to the Board for approval and are looking at developing the detailed criteria that they will need for the selection of properties next month.
Ms. Ginger Corless, AICP, CPRP, President, Herbert-Halback, Inc. (hhi), Planning, Landscape Architecture, and Graphic Design, addressed the Board and discussed the Master Plan, stating that she wanted to applaud the efforts of PLAAC, noting that they have gotten on board, done an amazing amount of work, and taken a lot of the synergy that was from the environmental group, through the Parks and Recreation Committee, and created a broader approach than what was originally planned for environmental lands. She stated that that is why, in the Parks and Recreation Committee’s Master Plan, they incorporated trails and environmental lands, to have a section in it. She stated that it is very important that they all work together.
Commr. Cadwell stated that he feels everyone needs to be careful and not lose focus of what the Parks and Recreation Committee’s job is. He stated that they have said that water resources and those types of things are their top priority, when looking at purchases. He stated that he does not want to see the two committees get too intermingled, noting that he knows they need to be together, but reminded everyone that it is a separate program. He stated that land acquisition sometimes has nothing to do with active recreation and everyone involved needs to make sure that they do not lose focus of that.
Commr. Hanson stated that she understands Commr. Cadwell’s concerns, however, noted that she does not feel that PLAAC’s goal is at all to take over the Parks and Recreation Committee’s responsibilities. She stated that, if the two committees can work together, she sees it as a leveraging opportunity, noting that Parks and Recreation has very little money and, if asked, PLAAC will have money to put on the table to help Parks and Recreation, as well as protect the resources. She stated that she sees it as a win/win situation, rather than as a negative.
Commr. Hill stated that, in the report, under the section dealing with Management of Acquired Lands, it states that the way the bonds are set up, operating funds cannot be used from bond money, but that primary funding for the management of the lands can come from the allowable holdback of non-bonded funds set aside in a trust fund for that specific use. She questioned what non-bonded funds the County currently has in its budget that would address the issue.
Commr. Cadwell stated that it would be any funds above the obligation back to the bond that is created by that taxing unit.
Ms. Foley stated that, as Acting Chairman, it is her intent that the Committee move forward with the criteria for the selection process, so that they can bring another report to the Board in July or August of this year, at the latest.
Commr. Hanson suggested that staff schedule an Open Space Seminar for some time in early Fall of this year, noting that Ms. Linda Chapin, former Chairman of the Orange County Board of County Commissioners, held one in Orlando, which was very informative and very well attended. She stated that she felt the cost would be minimal, noting that it could be held in the Magnolia Room at Lake-Sumter Community College. She stated that some of the issues being brought up for discussion this date could be brought up at the Seminar, for the public to be made aware of.
The Board commended Ms. Foley and PLAAC for a job well done, noting that they feel it is great what the Committee has done and that they submitted a very good report.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the recommendations of the Public Lands Acquisition Advisory Committee (PLAAC), with respect to BCC tasking, as presented.
LAKE COUNTY PARKS AND RECREATION ADVISORY BOARD
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed/reappointed individuals to vacant positions on the Lake County Parks and Recreation Advisory Board, as follows:
Lake County School Board
Jimmy Conner (Appointed)
Lake County League of Cities
Jim Myers, Jr. (Reappointed)
Lake County Water Authority
Michael Perry (Reappointed)
Michael Stone (Reappointed)
LAKE COUNTY BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed/reappointed individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee, as follows:
Gene Molnar (Reappointed)
Jerry Dambro (Reappointed)
Scot Hartle (Reappointed)
Kathleen Leo (Reappointed)
Craig Willis (Reappointed)
Matthew Ragan (Appointed)
Michael Burske (Appointed)
REPORTS - COUNTY ATTORNEY
REAL ESTATE PURCHASE AND SALES AGREEMENT BETWEEN POLK FAMILY AND LAKE COUNTY FOR PROPERTY ON CR 450
Mr. Sandy Minkoff, County Attorney, informed the Board that they directed his office to prepare a contract to purchase 111 acres off of CR 450, east of Umatilla, which they have done. He stated, however, that there are a couple of twists in the contract, at which time he referred to an aerial contained in the Board’s backup material, noting that it shows the property consisting of a 100 acre parcel and an 11 acre parcel, which is separated by Roger Giles Road. He stated that, initially, the Board discussed trying to purchase only the 100 acres, but the property owner wanted to sell the entire parcel; however, since that time, the caretaker of the property has offered to purchase the 11 acre parcel, leaving only the 100 acre parcel. He stated that the seller would like to change the contract to 100 acres, rather than 111, which would reduce the price to $985,000, which is the $9,850 per acre. He stated that another issue that came up is that this is an active grove and the property owner would like to amend the contract, allowing the caretaker to continue maintaining the grove and to keep the fruit that is currently on the trees. He stated that the only change to that would be, if the County was in a position to start building on the property it would have the right to do so and could remove the trees. He noted, however, that he felt it was unlikely that between now and April the County would be in a position to actually start development of the property.
Mr. Paul Bryan, Bryan Properties, addressed the Board stating that the bulk of the fruit is mid-season juice fruit and will probably all be picked by mid-February. He stated that it is just the existing fruit crop that the caretaker has invested money in, which leaves him in a difficult position, because the closing will not be in 30 days.
Mr. Minkoff stated that the contract is written where the County has 120 days to evaluate the property, have it appraised and surveyed, and make sure that the County can use it for the purpose of constructing a recreational complex. He stated that, at the end of 120 days, if the County decides that it does not meet that purpose, it would have no obligation to close on the property.
Commr. Hanson questioned whether Mr. Bryan felt the acreage would appraise out at $10,000 per acre, if it was not an active orange grove, noting that the County will have to remove the orange trees, in order to develop the park.
Mr. Bryan stated that the land use designation on the property is Urban Expansion, which is up to four units per acre, and city utilities are available to it, as well, so he feels it should appraise at considerably more than that. He noted, however, that appraisers tend to be very conservative these days, so it may not appraise at more than that.
Commr. Hanson questioned whether there had been any changes to the Master Plan, since the Board last met.
Ms. Corless stated that there were quite a few questions relating to the northeast area of the County, from the standpoint of planning. She stated that they took another look at the opportunity of having a regional park, noting that, if the Board recalled, from the presentation given to them on April 13, 2004, they had proposed six new community parks and two additional regional parks, one of them being in the vicinity of Umatilla. She stated that they did not have a community park shown in Sorrento, but did have one in Paisley, so they took another look at how they were quadering and relocated the community park closer to the Sorrento area. She stated that, with regard to the regional park, they were able to look at what services there will be, especially in partnership with Umatilla and how that can work, so they feel very comfortable with the new assessment of having a community park in Sorrento and maintaining a regional park in that area, as well. She stated that, when they get to the development stage, that is something they can take a look at.
It was noted that Commr. Hanson will try to coordinate a meeting in the Sorrento area, to speak specifically about needs in that area and what that community park should be.
Commr. Hanson stated that she did not have a problem with purchasing the property for a park, however, noted that she did have some concerns about it being a regional park, because it would exclude having a regional park that is truly accessible to Mt. Dora and Sorrento. She stated that she stayed out of the picture, when the plan was being developed, because she wanted it to be a community plan, but she feels the process was flawed, because a very important area of the County was left out. She stated that it has been added back in, but she feels it should have been included from the very beginning. She stated that, if the whole circle were to be dropped down to CR 44A, it would include all of Umatilla and Mt. Dora, or it would include Mt. Dora, Sorrento, and Eustis. She stated that she felt it was putting the cart before the horse, noting that it was determined before the plan was ever approved and she has a big problem with that. She stated that she was not opposed to the property in question, or to the purchase, because she feels it will serve very well the people in the northern part of the County that have significant needs, but, by approving it as a regional park, the County excludes having a regional park that would be available for a very urban area, being Mt. Dora, Eustis, Sorrento and Mt. Plymouth.
Commr. Stivender stated that the part of the County that was alluded to by Commr. Hanson cannot be totally developed, because it is part of the Wekiva. She questioned, however, the fact that, if the southeastern corner of the County, toward the Wekiva River, becomes more populated, whether the Board could come back and say there needs to be another regional park in that area and was informed that they could.
Ms. Corless stated that the Board needs to be evaluating this issue, as it evaluates the County’s Capital Improvements Program every year, but specifically every five years, when they look at growth.
Commr. Hanson stated that she had a problem with this park being called a regional park, noting that she would rather it be called a community park and then, at some future date, the County could do a regional park.
A motion was made by Commr. Cadwell and seconded by Commr. Pool to approve the request from the County Attorney for approval of the Real Estate Purchase and Sales Agreement between William F. Polk, Jr., Martha Q. Polk, Alice Palmer Polk, Mary Louise Polk, and Lake County, as amended, changing the purchase of a 111 acre parcel on CR 450, east of Umatilla, to a 100 acre parcel, at a cost of $985,000.00; and to amend the contract, to allow the caretaker to continue maintaining the grove on the property and to keep the fruit that is currently on the trees.
Under discussion, Commr. Pool stated that, if this project is going to be done in phases, he would like to see the County not clear cut the whole parcel, but only use what it needs and try to use the active grove, as it moves forward. He suggested that perhaps the County should leave the first row or two of trees as a buffer, such as was done in south Lake County, where a grove was left in the front of the property and the development was built in the back of the property.
Commr. Cadwell stated that there are some things that could be improved, with regard to the property, noting that the intersection at CR 450 could be improved, where it meets with Saltzdale Road and Roger Giles Road, in that the two roads have never matched up. He stated that, not making any commitment on the Board’s behalf, he contacted the high school and asked whether the Future Farmers of America (FFA) would be interested in maintaining whatever portion of the grove the County leaves, once it starts the process, giving them the fruit, as a community project for the FFA.
Commr. Stivender stated that the request before the Board this date was just to purchase the property and, since there was so much discussion regarding what to do with it, suggested that, once staff comes up with a plan, a recommendation be brought back to the Board at a later date.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
NATIONAL WOMEN’S HEALTH WEEK PROCLAMATION
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2004-68, proclaiming the week following Mother’s Day - Sunday, May 9 through Saturday, May 15, 2004, as National Women’s Health Week.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
VISIT WITH DR. PIERCE JONES, UNIVERSITY OF FLORIDA, CONSULTANT IN DEVELOPMENT OF GREEN BUILT COMMUNITY
Commr. Hanson informed the Board that she; Mr. Gregg Welstead, Deputy County Manager/Growth Management Director; Ms. Amye King, Chief Planner, Long Range Planning, Growth Management Department; and Ms. Blanche Hardy, Environmental Services Director, went to Gainesville last week to visit with Dr. Pierce Jones, from the University of Florida, who recently worked as a consultant for a development that is a green built community (Madeira), where the houses are built with a lot of environmental products, such as a foam structure for poured concrete, which includes fly ash, and floors made from bamboo. She stated that it was a very educational trip and well worthwhile.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
LAKE COUNTY TEN AND UNDER AAU BASKETBALL TEAM INVITED TO 2004 NATIONAL CHAMPIONSHIP GAMES IN MISSOURI
Commr. Cadwell informed the Board that the Lake County Ten and Under AAU Basketball Team has been invited to the 2004 National Championship Games in Missouri the week of July 10-17, 2004, and is trying to raise money ($10,000) to sponsor said trip. He noted that the Board does not contribute toward such events, but felt that the public should be made aware of it.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
JOINT MEETING BETWEEN SCHOOL BOARD AND BOARD OF COUNTY COMMISSIONERS
Commr. Cadwell clarified the fact that the Board plans to discuss every issue they have concerns about with the School Board at the meeting that is scheduled to be held June 7, 2004, at Lake-Sumter Community College, in Leesburg, and hopes that all issues will be resolved.
Commr. Stivender stated that the Impact Fee Study will not be discussed at said meeting, due to the fact that staff will not have received it from the School Board in time to review it, to discuss it in detail, however, noted that staff is working on a packet of information that the Commissioners will receive one week before said meeting, which will contain what the County is proposing, so that the Board can comment on it.
It was noted that the issue of concurrency would be discussed, as well.
REPORTS - COMMISSIONER CADWELL - DISTRICT 5
PURCHASE OF PROPERTY FOR PARK
Commr. Cadwell stated that he wanted to thank the entire Board for their support of the purchase of the 100 acres alluded to earlier, to be used as a park, noting that the people in Umatilla have been very patient. He stated that there is no place to physically put the children in Umatilla.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
APPOINTMENT TO LAKE SUMTER MPO CITIZENS AND ADVISORY
COMMITTEE AND APPOINTMENT TO LAKE SUMTER MPO TECHNICAL
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Mr. Desmond Byrne as Lake County’s representative on the Lake Sumter MPO Citizens Advisory Committee; and Ms. Amye King as Lake County’s representative on the Lake Sumter MPO Technical Advisory Committee.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
CINCO DI MAIO CELEBRATION IN MASCOTTE
Commr. Stivender stated that most of the Commissioners attended a Cinco Di Maio Celebration in Mascotte on Saturday, May 1, 2004, which was very nice. She noted that Congresswoman Ginny Brown-Waite was present at the celebration, as well.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
INSTALLATION OF SYSTEM TO CATCH RAINWATER FOR IRRIGATION
Commr. Stivender informed the Board that Ms. Blanche Hardy, Environmental Services Director, took her to look at a system that has been installed at a home in Tavares, where rainwater is caught and used for lawn irrigation, at a cost of approximately $2,000 to $3,000. She stated that she has asked staff to see how they can incorporate said system into the buildings that the County will be building in the future, noting that they will be large buildings, so they will be able to catch a lot of rainwater, which can then be used to water the landscaping around said buildings.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
RESCHEDULING OF JUNE 22, 2004 BOARD MEETING
Commr. Stivender informed those present that the Board Meeting scheduled for June 22, 2004 will be moved to June 29, 2004, due to the fact that the Commissioners will be out of town attending a Florida Association of Counties Meeting on that day.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:45 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK