A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JUNE 1, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, June 1, 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; Barbara Lehman, Chief Deputy Clerk, County Finance; 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 there was an Addendum No. 1 to the Agenda and that the amount listed under Tab 3, Item 2, on the County Manager’s Consent Agenda, needed to be revised from $35,311.00 to $37,471.00.
Commr. Cadwell stated that, under his business, he would like to place on the Agenda a request for Public Works to look at some of the roads in the County that are not on the County Road Maintenance System that are in bad shape, due to the current drought situation, and come back to the Board with a dollar figure and some type of plan to take care of them, which he felt would need Board action.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.
MINUTES
Regarding the Minutes of April 23, 2004, Commr. Hanson requested the following:
On Page 4, Line 2, change “spade/neutering” to “spay/neutering”.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 23, 2004 (Special Meeting - Financial Retreat), as amended.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 27, 2004 (Regular Meeting), as presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of May 4, 2004 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Hill 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 Stipulation, as follows:
New
5685-04 Edward Mueller d/b/a Pike General Contracting
6094-04 Dewey Crigger d/b/a Bonham Enterprises, Inc. (Irrigation)
6175-04 Eddie Millwater d/b/a Wizard Electric
6176-04 Wayne Vance d/b/a Sunshine State Sprinkler Company
6177-04 James A. Rouse d/b/a James Rouse, Inc.
6178-04 Kenneth Katynski d/b/a Integrity Signs, Inc.
6179-04 Bruce Mills d/b/a Gulfside Docks Corporation
6180-04 Jasper T. Bowling d/b/a All-Tite Roofing, Inc.
6181-04 Gary C. Williams d/b/a S. E. Williams
Riders
4054-05 Principal’s name changed from Tom Walsh d/b/a Eustis Quality Plumbing to Eustis Quality Plumbing, LLC
5359-04 Principal’s name changed from Greg David Electric to Greg David Electric, Inc.
5901-04 Principal’s name changed from Bob Cardinal to Bob Cardinal, Inc.
Stipulation
4966-05 Named insured is amended to P E P Electric Services, Inc. and Percy Eugene Poole
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 2004, in the amount of $191,420.59. Same period, last year: $166,350.93.
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 Southwest Florida Water Management District Governing Board Meeting
Request to acknowledge receipt of Agenda for the Southwest Florida Water Management District Governing Board Meeting, to be held on Friday, May 21, 2004, at 9:00 a.m., at the Southwest Florida Water Management District Tampa Service Office Board Room, Tampa, Florida.
2003 Audited Financial Report for Village Center Community Development District
Request to acknowledge receipt of the 2003 Audited Financial Report for the Village Center Community Development District, dated September 30, 2003.
Ordinances from City of Mascotte
Request to acknowledge receipt of Ordinances from the City of Mascotte, as follows:
Ordinance No. 254 - Annexing certain described real property - Charles E. Bradshaw (April 1994)
Ordinance 2000-12-306 - Annexing certain described real property - Charles Bradshaw - 39 acres located north of Lake Jackson and west of CR 33, as further described. Passed and ordained by the City Council of the City of Mascotte, Lake County, Florida, at a Regular Council Meeting, held the 4th day of December, 2000.
Ordinance 2003-03-326 - Annexing certain described real property - Richard H. Langley - 40 acres, as further described. Passed and ordained by the City Council of the City of Mascotte, Lake County, Florida, at a Regular Council Meeting, held the 14th day of April, 2003.
Ordinances from City of Fruitland Park
Request to acknowledge receipt of Ordinance No. 2004-003, from the City of Fruitland Park, including within the City approximately 19.313 acres of property generally located west of Highway 441/27, on the north side of Spring Lake Road, rezoning the property from County “A” (Agricultural) to “PFD” (Public Facilities District), within the City limits of Fruitland Park. Passed and ordained by the City Commission of the City of Fruitland Park, Lake County, Florida, at a Regular Meeting, held the 13th day of May, 2004.
Southwest Florida Water Management District Agenda for Governing Board Meetings
Request to acknowledge receipt of Southwest Florida Water Management District Agenda for the Governing Board Meetings to be held on May 25 and 26, 2004; and Minutes of the Governing Board Meeting that was held on March 30, 2004.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hanson stated that she felt Tab 7, a request from Program Analysis and Contract Management for approval and reimbursement of costs associated with Covanta’s review of property tax and tangible property tax with the Lake County Property Appraiser, for Covanta’s costs in providing accounting personnel and contracted accounting personnel to meet with the Property Appraiser, not to exceed $5,000, should be pulled from the Consent Agenda for discussion.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budget
Request for approval of the following:
1. Budget Transfer – General Fund, Department of Public Works, Construction Projects Division, Jail Maintenance section, in the amount of $55,350.00. Transfer $55,350.00 from Buildings to Repair and Maintenance. Two of the four 250 gallon hot water heaters in the Main Jail have become inoperative. A third one is past the ten-year warranty period. It is more cost effective for both equipment and labor to replace all three water heaters at the same time. The County Manager had approved this emergency purchase, but the budget transfer was attached to the purchase order, so was not processed. Funds available in Buildings.
2. Budget Transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, in the amount of $37,471.00. Transfer $37,471.00 from Special Reserve to Machinery and Equipment. The Sheriff’s Office has requested two additional pursuit vehicles for the current fiscal year. The cost for these vehicles and related equipment is $37,471.00. The original allocation and the previous additional request for Sheriff’s Office vehicles for Fiscal Year 2004 have been expended. To purchase these vehicles, this request is to reduce the Fiscal Year 2005 allocation for Sheriff’s Office vehicles by the amount of this purchase. A budget transfer is needed to have funds available in the current fiscal year for this purchase. Funds are available in Special Reserve for the budget transfer. The Fiscal Year 2005 allocation will be less $37,471.00.
3. Check request (Direct Pay) from the Clerk’s Office for payment of Criminal Court costs for April, 2004. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $39,192.00.
Community Services
Request for approval of offer of employment for Sarah Z. Thomas, Courtesy Extension Agent I 4-H, contingent upon the candidate’s successful completion of the County’s pre-employment screening.
Request for approval of distribution of Byrne grant funds among seven local jurisdictions; signature on seven original letters of support; approval of applications for the Sheriff for Juvenile in Transition II, and School Resource Officer II, including cash match, as indicated; and signature on grant documents, including application, certificate of acceptance, EEO certifications, and subsequent grant related documents (contingent upon County Attorney review and approval).
Economic Development and Tourism
Request for approval of the sale of Lot 30, in the Christopher C. Ford Commerce Park, to Adams Building Materials Properties Partnership, LLP, at $50,000.00 per acre, for approximately 10.64 acres; and approval to execute all related documents.
Public Works
Request for approval and authorization to advertise for bids for CR-452 (Lakeshore Drive) Widening and Resurfacing, Phases III and IV, Project No. 2004-12, at an estimated cost of $1,553,000.00, from the Renewal Sales Tax Letter of Credit Capital Projects Fund. Commission District 3.
Request for approval and authorization to advertise for bids for CR-439 Widening and Resurfacing Project No. 2004-06, at an estimated cost of $2,352,000.00, from the Renewal Sales Tax Letter of Credit Capital Projects Fund. Commission District 5.
Request for approval and authorization to release a Letter of Credit, for Performance, in the amount of $377,422.00; accept a Surety Bond, for Maintenance, in the amount of $23,422.00; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Siena Home Corporation; and execute Resolution No. 2004-85, accepting Moonflower Court (CR 1046D), Baneberry Court (CR 1046E), and Chapelle Court (CR 1046F) into the County Road Maintenance System, all relating to the Spring Valley, Phase VII Subdivision.
Request for approval and authorization to accept the final plat for High Grove, Unit 2 Subdivision, and all areas dedicated to the public, as shown on the High Grove, Unit 2 plat; accept a Letter of Credit, for Construction of Improvements, in the amount of $89,093.96; accept a Developer’s Agreement, for Construction of Improvements, between Lake County and LHL Corporation/Colony Communities. High Grove, Unit 2 consists of 80 lots – Commission District 2.
Request for approval and authorization to accept the final plat for Plantation at Leesburg, Chanticleer Village, and all areas dedicated to the public, as shown on the Plantation at Leesburg, Chanticleer Village plat. Plantation at Leesburg, Chanticleer Village consists of 28 lots - Commission District 3.
Request for approval and execution of an Amended Road Easement Agreement between the Florida Department of Transportation (FDOT) and Lake County; and Resolution No. 2004-86, for improved access for the C-474 Fire Station.
PROGRAM ANALYSIS AND CONTRACT MANAGEMENT
COVANTA’S REVIEW OF PROPERTY TAX AND TANGIBLE PROPERTY TAX
WITH LAKE COUNTY PROPERTY APPRAISER
Mr. Sandy Minkoff, County Attorney, informed the Board that this request was one that the County received from Covanta, noting that the County has been pushing them to work harder to try to reduce the assessment value of the plant, so that the tangible taxes can be reduced, and the costs associated with this request is for the outside accounting firm that will be involved in preparing their tax return. He stated that, if Covanta does not make an effort to reduce the assessment value of the plant, under the current contract, the County will have to pay the taxes, so it is to the County’s benefit to participate with them.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request for approval and reimbursement of costs associated with Covanta’s review of property tax and tangible property tax with the Lake County Property Appraiser, for Covanta’s costs in providing accounting personnel and contracted accounting personnel to meet with the Property Appraiser, not to exceed $5,000.00.
PERSONAL APPEARANCES/PRESENTATIONS
The Chairman presented Employee Awards, as follows, at which time Ms. Cindy Hall, Assistant County Manager, gave brief comments regarding each individual:
EMPLOYEE AWARDS
Presentation of Award to Employees with Five Years of Service
Catherine A. Beissel, Administrative Office Associate I, Public Works/Road Operations/Parks & Recreation
Charles D. Cox, Environmental Specialist, Environmental Services/Water Resource & Environmental Programs
Scott M. Auker, Jail Maintenance Specialist, Public Works/Special Services/Facility Maintenance/Jail Maintenance
Yvonne M. Mouser, G.I.S. Project Manager, Growth Management/G.I.S.
Anthony Cuellar, Jr., Firefighter/EMT, Public Safety/Fire and Rescue (Not Present)
Presentation of Award to Employees with Ten Years of Service
Barbara A. Schamel, Contracts Specialist, Public Works/Special Services
John E. Kruse, Senior Planner, Growth Management/Planning & Development/Comprehensive Planning
Presentation of Award to Employee with Fifteen Years of Service
Paul F. Murrey, Equipment Operator I, Public Works/Road Operations/Maintenance Area I (Not Present)
Presentation of Award to Employee with Twenty Years of Service
Clarence Archie, Park Specialist, Public Works/Road Operations/Parks and Recreation
(Not Present)
Presentation of Awards for Work Group Recognition
Community Services/Probation
Christine Carroll
Linda Gussler
Kirsten Mabry
Linda Meeker
Sue Nies
Presentation of Recognition by Public Safety, Fire Rescue Division
Ramon Hernandez, Public Safety, Fire Rescue (Not Present)
PRESENTATION
The Chairman presented Plaques/Certificates to Boards/Committees, as follows:
BOARD/COMMITTEE PRESENTATIONS
PLAQUES
Board of Adjustments
Barbara Newman - for service from 1997-2004
Citizens’ Commission for Children
Beth Ann Scovil Moore - for service from 1994-2004 (Not Present)
CERTIFICATES
Citizens’ Commission for Children
Scott Wynn - for service from 2002-2004
Library Advisory Board
Harry Petersen - for service from 2002-2004
Parks and Recreation Advisory Board
Dennis Reid - for service from 2003-2004
PRESENTATION - UPDATE ON WEKIVA LEGISLATION
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board and gave them an update on the Wekiva legislation, noting that he had provided them with a handout containing the information that he would be presenting to them this date. He stated that he provided them with Senate Bill 1214, Wekiva Parkway and Protection Act, which has been approved and sent to the Governor for signature, but, as of this date, has not yet been signed by the Governor. He reviewed the various maps that he had distributed to the Board, pointing out the areas of concern. He stated that there was a lot of discussion during the meetings about what the Wekiva River Protection Area Parkway was, noting that there is the SR 429 Extension Wekiva Parkway and the Apopka Bypass Maitland Extension, which caused a lot of confusion at various times, so the Coordinating Committee prepared a map indicating in orange the Apopka Bypass. He stated that the purple area on the map indicates the Wekiva Parkway and the area in blue is the connection in Lake County that will take the parkway to the Mt. Dora area. He stated that all the interchanges in the County will be required to maintain the high standards associated with the Wekiva Parkway. He stated that property acquisition was another big issue, at which time he pointed out the fact that the blue shaded areas on one of the maps was the study area and the yellow areas show existing publicly owned lands. He stated that four parcels are listed specifically in the legislation, with three of them being depicted on the map on display, being Neighborhood Lakes, New Garden Coal, and Seminole Woods, which he noted is located in Orange County. He stated that there is a requirement in the legislation for the acquisition process to begin by December 31, 2004, and to be completed by December 31, 2010. He stated that a number of agencies are involved in the funding of the purchases, being the Department of Transportation, the Expressway Authority, the Department of Environmental Protection, the St. Johns River Water Management District, and Florida Forever. He stated that the Expressway Authority has been directed to act as a third party acquisition agent for all of the entities and they are not required to purchase any more land than is available with the current funding, so there is no intent by the legislation that OOCEA (Orlando-Orange County Expressway Authority) spend more money than is available.
Commr. Hanson stated that there is an unwilling partner involved with the purchase of Seminole Woods, in that they want to keep ranching and do not want to sell the property, and, due to that fact, she feels it may be a good opportunity for the purchase of development rights and questioned whether that was one of the options.
Mr. Welstead stated that there are options for fee simple purchase and less than fee simple purchase of development rights, conservation easements, and all sorts of mechanisms that are authorized, at which time he noted that the acquisition agent is not limited in how they acquire the property. He stated that any funds expended by FDOT and the Expressway Authority will be considered their mitigation for construction of the parkway, so they do not have to anticipate additional purchases, in order to mitigate for construction. He stated that the legislation also requires a number of studies to be done, noting that DEP is going to study water quality and nitrogen effects and the Department of Health and DEP will also be studying onsite septic systems, to see whether there is any requirement for enhanced standards in the protection area and study area. He stated that things that might be included in that are the possibility of upgrading existing systems, requiring replacement of old systems and, for new development, it may ultimately require a new type of two tanked septic system, which will cost a little more, but, because it is aerobic and anaerobic, it more efficiently deals with the waste and treats it a little more effectively. He stated that another thing DEP and the Department of Health are required to do is look at the feasibility of septic tank maintenance and an inspection program within the study area and the protection area.
Mr. Welstead stated that the SJRWMD is also required to initiate rule making that amends recharge criteria, noting that the current recharge standard of three inches of stormwater has to be dealt with, but it applies only in the protection area. He stated that the legislation requires that they expand that to include the area they encompassed by the study area. He stated that the SJRWMD is also required to consolidate environmental resource permits and consumptive use permits, when things such as urban landscape, golf courses, and recreational areas are included. He stated that one thing it allows the SJRWMD to do is authorize, on a site specific basis, consideration of geological information that would indicate that a site specific development is not a high recharge area, noting that the current maps that are included in the SJRWMD’s documentation have a specific disclaimer that these are not to be dealt with on a site specific basis and this further expands that to ensure that they do not require it. He stated that the SJRWMD is also going to be looking at MFLs (minimum flows and levels) for Rock Springs and Wekiva Springs, to see whether the consumptive use permit threshold needs to be lowered to 50,000 gallons per day and, if that occurs, there will be a transition time frame for those current users who are not required to have a permit to get with the program. He stated that they will also need to look at pollution load reduction levels for total maximum daily load efforts that DEP has ongoing for the study area. He stated that the Department of Agricultural and Consumer Services (DACS) is supposed to look at best management practices and, if any are required, to adopt them by rulemaking, as well. He stated that a Master Stormwater Management Plan will be required for each government, at which time he noted that there is a list of items that have to be included in that plan, not the least of which is a funding plan that makes it attainable. He stated that they also have to look at a wastewater facility plan for areas within JPAs and utility service areas, noting that it is something they will be looking at in the future.
Mr. Welstead stated that the County is required to adopt any Comprehensive Plan Amendments by January 1, 2006, to implement all of the recommendations. He stated that these land use changes, unlike typical ones, will be exempt from the two per year limitation, so there is a little bit of flexibility there on transmittal time and adoption. He stated that the Department of Community Affairs (DCA) and the SJRWMD will have to look at all of them, to make sure they are fine. He stated that another thing the County will be required to do is look at the proposed interchanges within the County and, in this case, they will only be looking at one, which is CR 46A, where it intercepts CR 46 and the Parkway. He stated that the County will need to look at land use in that area, to make sure that the commercial character is right and signs are unobtrusive, as well as look at right of way protection, access management, etc. - typical things that one would look at with an interchange. He stated that the County will also have to include the Wekiva Parkway in its Comprehensive Plan as the Wekiva Parkway, as opposed to any other roadway, and it will have to look at land use strategies jurisdiction-wide, to make sure that it is doing its best to protect recharge areas, karst features, and natural habitats, which can include dealing with some sector plans and special studies in the area, to make sure that the County has the best data available on recharge areas and wildlife habitats. He stated that the County is also required to develop a 10 year water supply facility work plan for potable water for existing and new development within two years, at which time he noted that he feels the efforts that are currently ongoing with the municipalities, with the water alliance, should deal effectively with that requirement. He stated that any Land Development Regulations (LDRs) changes that need to be accomplished have to be done by January 1, 2007, so the County has plenty of time to accomplish those changes. He stated that there was a little bit of discussion regarding what the SJRWMD and DCA will need to look at, in the event the Land Use Plan comes to them prior to adoption of the Comprehensive Plan. He stated that they will have to take into consideration recommendations of the Coordinating Committee in their review of those, until the Comprehensive Plan Amendments are done. He stated that the last thing it does is establish a Wekiva River Basin Commission, consisting of 19 members, to follow along with all the recommendations and rules established by the legislation and report its progress to the Governor, on an annual basis.
Commr. Hanson stated that she was aware that there have been improvements to onsite disposal systems and that there will be a moving on to a central sewer system when the onsites fail, however, noted that she feels there is going to need to be, from the County’s perspective, particularly in the Mt. Plymouth/Sorrento area, such a system. She questioned at what point one moves forward to a central system, when the onsites are not failing, as opposed to having residents put in very expensive septic tanks. She stated that she feels the feasibility study alluded to earlier is going to need to be done in cooperation with the County, because it states that septic tanks are to be replaced with new ones, as opposed to putting in a central sewer system.
Commr. Cadwell stated that shortly after he was elected to the Board they were trying to decide whether or not the County should get into the utility business and directed that a study be conducted in the south end of the County regarding said matter, at which time he suggested that staff look at that report and see if any preliminary work was done in that area.
Mr. Welstead stated that he had a copy of said report and would take a look at it.
Commr. Hanson stated that whether the County does it, or a private entity does it, they need to look at it as a whole, rather than continuing the process of individual septic tanks.
Commr. Pool stated that, with regard to the issue of the roads, he wanted to make sure that everyone understood that the Board was trying to put the roads through for people to get from point A to point B, not increase densities and development in the area.
Ms. Jean Etter, a resident of Mt. Plymouth, addressed the Board regarding the interchange alluded to earlier by Mr. Welstead and the two tank septic system, at which time it was noted that the interchange would provide limited access from CR 46 to the Wekiva Parkway, without being open to any other roads, and that the two tank septic system is a single system that has two tanks.
Mr. Welstead stated that a key factor he neglected to mention is that, for the area from CR 46A over, the intent would be to cut the bridge where it exists today and all the existing development in the area would be served by frontage roads, or local roads.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PROPOSED PURCHASE BY SCHOOL BOARD OF PROPERTY NEAR GRASSY
LAKE ROAD
Commr. Stivender informed those present that she wanted to make it very clear that she was asked by the Board of County Commissioners to meet with the Chairman of the School Board, to discuss issues concerning the growth in Lake County and how it has affected the schools in the County. She stated that there are many components involved with this issue, noting that it is not just impact fees, or roads to a site. She stated that staff from the School Board and the County are working on this issue, in different committees, which are components and parts of the overall plan, and that what she brought before the Board two weeks ago was something the School Board had asked her to bring to their attention. She stated that there are two separate issues, noting that the School Siting Committee is a different issue than the overall plan of coming up with a way to help the schools get built where they need to be built. She stated that the workshop meeting that was postponed was postponed by the School Board, at their request, because the Impact Fee Study was not done and they felt it would not be beneficial to the Board to sit in a meeting without those numbers, even though it is only a small component of the overall plan. She stated that she was the mediator between the developers, the School Board, and the Board of County Commissioners and it has been her goal to come up with a solution. She stated that Mr. Jimmy Conner, a member of the Lake County School Board, approached her at a recent School Board Meeting and asked whether she would take back to the Board of County Commissioners a request to build a road to the Grassy Lake Road site and that she had informed him that she would not, but, if he wanted the rest of the Commissioners to hear the request, she would bring the matter up at the next Board Meeting for discussion.
It was noted that the site in question is the only one that will be discussed this date and that the Board would be looking at it, with regard to the transportation network and not just as a road for the School Board.
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the Board and displayed an aerial map of the property in question (Lowndes), pointing out various developments, as well as the Lake Correctional facility, that are located in close proximity to the property. He then displayed a topography map of the site, noting that there is significant terrain in the area, which ranges from an elevation of 85 feet to 260 feet; an aerial showing the various schools in the area; a map showing high school attendance zones and existing high schools; and an aerial showing the location of a Progress Energy substation and transmission towers located to the east of the proposed site.
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that Sullivan Road runs east and west along the south side of the site, which is an 18' to 20' wide clay based road, with an inch of asphalt that has worn through, at which time he displayed several photographs of Sullivan Road, Grassy Lake Road, and N. Grassy Lake Road, noting that they were constructed in the mid-1980s and are currently on the County’s list to be upgraded. He stated that the road can handle a few hundred cars per day, with an overlay, but once heavy trucks start traveling down it, it will immediately rut and break apart. He stated that a lot of work would need to be done at the site, at which time he noted that site distance is not the best in either direction. He stated that the bluffs are on private property, so additional right of way would have to be acquired, as well.
Mr. Bill Humbaugh, Assistant Superintendent for Business and Support Services, Lake County Schools, addressed the Board stating that Commr. Stivender’s opening comments were very similar to what he was prepared to make to the Board, at which time he reiterated the fact that the County’s staff and the School Board’s staff have worked on the school siting issue, primarily focusing on the south end of the County, because that is where growth is the most acute for the School System. He stated that one of the things they strive for and would like to have is the ideal site, unfortunately, it is very, very difficult to find, noting that they have encountered tremendous difficulty in finding an adequate site in the south end of the County at a reasonable price. He stated that they want to get a site that provides all the needs of the County’s students and do it in a proficient, economical manner, for the taxpayers of the County. He stated that East Ridge High School is growing by leaps and bounds, noting that it was a high school that was built for approximately 2,000 students, but currently has 2,400 students and is picking up additional students at a rate of 200 to 300 per year. He stated that they will be putting 14 additional portables on the East Ridge High School site this Summer, so a situation exists that needs to be addressed, in terms of growth. He thanked the Board for sharing the County’s staff with them, noting that they have capabilities and insight that has been very helpful to them.
Commr. Stivender stated that everyone needs to understand that the County is not in the business of telling the School Board where to put their schools, or which sites to purchase, but to help them find the best site at the best price, where infrastructure is already in place. She stated that the School Board is in the business of educating children, not finding sites, and the County is in the business of building roads and finding sites, so she feels the partnership between the two has been great. She stated that the School Board may purchase the proposed site, even though the two Boards may not agree on it, but that will not dissolve the relationship that they have formed, in trying to resolve the problem of growth - it is not a matter of the Board of County Commissioners versus the School Board. She stated that the School Board may choose to land bank the proposed site, until such time as roads are constructed in the area, and, in the meantime, they may find another site that has the infrastructure.
Commr. Cadwell pointed out the fact that he felt the request by the School Board for the County to build a road to the proposed school site would only accelerate development in that area and compound the problem of growth. He stated that the Board needs to consider how they are going to control some of the pace of what happens in the south end of the County and the fact that the County does not have the money to build the needed infrastructure. He stated that he feels they need to be straight with the School Board, as to what the chances are for them approving to put the infrastructure in at this time.
Commr. Hill questioned what was prohibiting the School Board from expanding their existing two high schools in a permanent way, rather than putting in portables, using impact fees.
Mr. Humbaugh stated that the School Board will be doing extensive renovations to South Lake High School this Summer, however, noted that it does not have the capability of having a significant addition added to it.
Commr. Pool questioned what the School Board was spending to renovate South Lake High School and was informed that it was several million dollars, at which time he stated that East Ridge High School is over capacity, while South Lake High School is under capacity, and although no one wants to be redistricted, if the School Board were to redraw their lines, they could have two schools with 2,000 students, not one with 2,400 students and the other with 1,600 students. He stated that he questions millions of dollars being spent to renovate a school that is under capacity, when the School Board could build permanent facilities at East Ridge High School, to relieve its over capacity.
Mr. Humbaugh interjected that the renovations being done to South Lake High School were for health and safety purposes, not to enlarge the school, other than the cafeteria, because it was very small. He stated that, with regard to the issue of redistricting students, the School Board addresses redistricting, but it is something they do with very deliberate information, to make sure that the redistricting is something they will not have to go back and change two, three, or four years later. He stated that, concerning the use of portables versus constructing a new wing, the School Board is very conscious about that decision, because they realize that, even though there is a need right now, a portable will occupy prime land that they could build on.
Commr. Pool questioned whether the School Board would consider using what are called “permanent portables”, which are constructed to meet and exceed wind load standards of normal construction, if they are going to place portables at school sites and was informed by Mr. Humbaugh that the School Board has reviewed said portables, which he noted are now called “relocatables”, because there is nothing portable about them. He stated that they are in the process of reviewing steel portables on concrete, however, noted that they cost significantly more than the other types of portables.
Commr. Hanson referred to an article that appeared recently in The Lake Sentinel, which listed those schools in the County that are over and under capacity and questioned whether they included the use of portables, in compiling those figures, and was informed that they did not. She stated that the Board needs to know what the capacity is, over or under, including the portables, and suggested that they be provided with said figures. She stated that infill is hard to do, because of the costs involved, but feels that infill might work better in finding those parcels closer in, where the infrastructure is in place. She stated that it would not be more expensive in the long run, considering the cost of putting the roads in, in addition to the cost of the schools.
Commr. Cadwell stated that the School Board has stated for the last couple of years that they want to talk about permanent facilities and portables are not permanent facilities. He questioned whether the School Board has a policy regarding the size of schools and was informed that they like to keep elementary schools at less than 1,000 students, middle schools at 1,400 students, and high schools at no more than 2,000 students, in terms of planning. He stated that, with regard to the issue of the roads, if someone in the private sector would be willing to step forward and help with said project, the Board would be willing to listen to them, but, as of this date, the County does not have the money or the inclination to build a road network for a new school at the proposed site.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, addressed the Board stating that she was present representing a coalition of property owners in the area in question and hoped something positive would come out of this meeting for both parties. She stated that she was concerned about the idea that, if roads are wanted in the area, it should be on the back of the development community to do it, noting that it is not legal, nor an appropriate position to take. She displayed an aerial map, pointing out the property in question, as well as surrounding developments in close proximity to it. She stated that the development community has always been cited for not trying to plan and be proactive and that they just expect something for nothing, so the group that she represents took their money and hired a private planning group to work with the County’s staff and find out what they would like to see in the area, based on what their projections are and what they have already done, in terms of planning for the area. She stated that they started working with Mr. Jim Stivender, Jr., Senior Director, Public Works Department, several years ago and, for the last year or two, directly with Mr. Fred Schneider, Director of Engineering, Public Works Department, on the road side of the equation, which she elaborated on, noting that it was the backbone of the road network, pointing out that said roads were indicated in yellow (long range new and long range existing) on the map on display. She stated that each of the developers sat down and looked at what they would propose individually, at which time she pointed out the fact that the roads indicated in orange on the map would be new development roads. She stated that the developers obtained input from county staff, however, noted that it has gone back and forth, based on what the County wants and what the individual developers want. She stated that she felt it was critical to the developments in the area and to the quality of life.
Ms. Bonifay stated that the County had a prior Board that did nothing about roads in the County for approximately 8 years, because their view was, “If you build it, they will come.” She stated that they wanted no new road improvements, because they thought it would be a deterrent to growth, however, noted that it was not a deterrent to growth, but rather grossly under capacity roads that are in bad shape. She stated that the developers are trying to look ahead, so they did their own projections, using School Board numbers, per household, and came up with the same projections that the School Board did, regarding what is needed for the area , in terms of elementary, middle, and high schools, and that is what prompted some of the developers to work with Mr. John Lowndes, to see if he would make available some of his land for a school site. She stated that, with regard to the issue of an interchange at the Turnpike, the County did a study three or four years ago that looked into the matter and indicated that at least one or more Turnpike interchanges were necessary, so she hoped the County would do what the developers have done and form a partnership, rather than say it is a County problem, or a developer’s problem. She stated that their game plan is to stay on the schedule that Mr. Stivender outlined for them, bringing the road networks alluded to forward, noting that she was under the understanding that they are to be brought before the Board in August of this year, when the Board looks at the overall Capital Improvements Program, and that they will do ratings and allocations, based on funding available during the coming year’s budget session.
Ms. Bonifay stated that there has to be a cooperative mechanism and she feels, with the Metropolitan Planning Organization (MPO), the County is in a much better position to get state monies, or to take them and leverage it through bonding. She stated that she feels they are going about it in a positive way, the only problem is that the timing is not the same, because of the School Board’s lead time and the County’s lead time. She stated that, if the proposed site is a good one for a school and the County knows that the growth is coming, if the School Board can do land banking, it would be one way to get ahead of the game, because the price of land is not going to go down.
Commr. Pool stated that Ms. Bonifay mentioned the construction of an interchange at the Turnpike, which he feels will happen, however, noted that the cost to construct an interchange is between $20 and $25 million. He stated that he hoped he was not hearing her say that the County should be a part of that cost, noting that it is currently being debated between the landowners and the Turnpike Authority as to where the interchange should be constructed. He stated that the County would like to see it constructed in the right spot, however, noted that there are players out there much larger than the County and he does not see the Board approving millions of dollars in funding for a Turnpike interchange. He stated that he feels they are being proactive, rather than reactive, about the future location of the interchange. He stated that the roads are important and he feels land banking the proposed site would be a good thing for the School Board to do, however, noted that the dollars are not there from the Board’s perspective, nor from the School Board’s perspective, so it will take many landowners and/or partners as participants in the process, to get it accomplished. He stated that he feels trails should be included in the different sites along said corridors, to which Ms. Bonifay responded that, if the Board would help with the comprehensive planning, the County would get a trail and her clients could move forward.
Ms. Nancy Fullerton, Land Use and Water Issues Chairman for the Alliance to Protect Water Resources, addressed the Board stating that she would like to comment about the effect on water and its cumulative effect. She stated that the world is divided between those people that believe roads, schools, water treatment plants, and sewage plants foster and accelerate growth and those that do not. She stated that she feels they accelerate growth, however, noted that planning and building is a separate issue. She stated that she does not think the Board should consider any type of growth without considering the water supply problems and the effects of all the accumulative growth on Lake Apopka, Gourdneck, and the Basin.
Mr. Steve Richey, Attorney, representing U.S. Homes, Lennar Homes, Banian, America First Homes, the Gregg Family Land Company, and the Hagen Group, addressed the Board stating that anybody that is in the business of constructing homes understands and believes that schools are an integral part of their ability to survive and prosper, because people do not like to live in places where schools are overcrowded and the quality of life is in decline. He stated that, when he appeared before the School Board, at its Workshop Meeting recently, they discussed the viability of the construction industry in Lake County, at which time he pointed out that the construction industry in the County was the first level of employment in the County that did not suck tax monies out of the ad valorem taxes, but was the first level of employment that created ad valorem taxes. He stated that government in the County, be it local, state, or federal, and the School System are the two layers of employment above the construction industry, as a whole, and those two levels have the opportunity to take ad valorem taxes, but do not create ad valorem taxes. He stated that creating a healthy construction industry, be it commercial or residential, is important to the future of Lake County, at which time he reminded the Board about the freezes of 1983 and 1985, which were devastating to the County’s major employment base. He stated that the County’s employment base today is based on bricks and mortar, period, noting that it is what allows the County to survive, more than its retirement communities.
Mr. Richey stated that there have been discussions with the private sector about funding a future turnpike exchange, but the Turnpike Authority does not have the money to fund or build anymore Turnpike exchanges. He stated that they are concerned about the viability of the Hwy. 50 exchange, because of its overcrowding, and are looking for alternatives to it. He stated that, obviously, some the developers shown on the map that Ms. Bonifay displayed have proposed to build that Turnpike exchange as part of their Development Orders, which he noted may come before this Board, or it may go through the cities of Clermont or Minneola. He stated that the private sector will be there to provide a source of funding for that, in conjunction with development rights, because that is how the private sector makes its money. He stated that he presented to the School Board recently two alternatives, noting that the site in question was discussed as meeting a need, at which time the School Board talked about current needs versus future needs. He stated that he implored them, as part of the site selection process, to include the private sector in site location and in the providing of infrastructure for some of their sites, just as the County’s staff is including the private sector in the planning and funding of the roads, because there is a funding mechanism that may be put together. He stated that there has been a Site Selection Committee Meeting since then that the development community had asked to be able to attend, but were not invited. He stated that there still exists a failure to communicate, which he noted he recently brought to the attention of the Superintendent of Schools. He stated that, if the private sector is going to have to help fund the roads, they need to be at the table to talk about it, and that is why it is important for the School Board and the County to have them present at such meetings.
Mr. Richey stated that school sites are another thing the developers have addressed, noting that the Hagen tract in Minneola is a tract consisting of 19.5 acres and, as soon as the development is approved by Minneola and its Comprehensive Plan is approved, they will provide the School Board with a couple hundred thousand dollars. He stated that there are school systems and sites available that the public sector, working with the private sector, can minimize infrastructure costs and maximize utilization. He stated that the proposed site represents an opportunity for that to happen and he would implore the Board not to slam the door on it, simply because the cash is not available today, but would ask them to direct staff to continue to work with the private sector, as it has done for a couple of years, as they develop the road network and potential opportunities to fund that network, which will provide an opportunity for the site in question to be developed - maybe not in a year, but in the future, and not too far down the road, as it comes through the process.
Commr. Pool stated that many of the things being discussed this date may come before the City of Clermont, or the City of Minneola, for their final approvals. He stated that he appreciated this opportunity to work with the School Board, however, noted that everyone needed to keep in mind the fact that the projects in question will be annexed into those cities, not the County, so the County will have very little say about some of the things that take place in the area in question.
Mr. Dennis Reid, Lake County School Board, addressed the Board stating that he has talked with each one of the groups, noting that he went to a 2004 Planning Committee Conference in Tallahassee, which opened his mind to the needs for water management and infrastructure and the need for the communities and schools to work together. He stated that it is extremely difficult, when there are so many people trying to work towards an end. He stated that, in 1995, the Superintendent of Schools asked him to be on a committee that was looking at some development sites in the south end of the County. He stated that he plans to continue to work with the County, in trying to set the dialogue, however, noted that he speaks for himself and not for the other School Board members.
Commr. Stivender stated that she felt the School Board had clear direction that the County does not have the money at the present time to build a road to the proposed school site.
Commr. Cadwell asked Mr. Reid to take a look at the Middle School Summer Program, noting that it was his understanding that it was being run as a Summer School and, if that was the case, it was not what the Board understood would be occurring. He stated that he would hate to think that children are being turned away that need or want to be in the program, just because they did not fail their class. He stated that he wanted to make sure that, with the $100,000 or more that the County was kicking in, children were not being turned away, because Summer School was full.
It was noted that Mr. Reid would look into the matter and send the Board a report on it.
OTHER BUSINESS
APPOINTMENT TO BOARD OF ADJUSTMENTS
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Roger Rice to the vacant District 1 seat on the Board of Adjustments.
APPOINTMENT TO COMPREHENSIVE HEALTH CARE COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Ms. Annacelia Gander as the Community Health Center, Inc.’s Member on the Lake County Comprehensive Health Care Committee, and Mr. Mark Williams as its Alternate Member.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
ORDINANCE AMENDING CHAPTER 9, LAKE COUNTY CODE, RELATING TO
COURT COSTS AND FEES
Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval to advertise the Ordinance that will change Chapter 9 of the Lake County Code, due to the Article 5 Bill. He stated that the Governor has not yet signed the Bill, but they anticipate that he will, and, if he does, the County will need to adopt the Ordinance at the Board Meeting scheduled for June 15, 2004. He noted that the Governor signed the Juvenile Justice Bill on May 28, 2004. He stated that he submitted to the Board, under separate cover, the changes that were made, noting that they are implementing the $15.00 and $65.00 fees and eliminating most of the other county fees that will no longer be valid after July 1, 2004.
Commr. Stivender interjected that she is the Liaison Commissioner for that Committee and that they discussed the matter in detail and will be coming back with some additional funding that will be required to keep the Law Library going.
Mr. Minkoff noted that the Clerk’s estimate of the dollars that will come from these fees are a lot less than the estimates staff received from the Florida Association of Counties.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an Ordinance amending Chapter 9 of the Lake County Code, relating to Court Costs and Fees.
REPORTS - COUNTY ATTORNEY
RATE INCREASE FOR OUTSIDE COUNSEL FOR WORKER’S COMPENSATION
ISSUES FOR LAKE COUNTY
Mr. Sandy Minkoff, County Attorney, informed the Board that the County’s outside counsel that handles Workers’ Compensation issues has requested a fee increase, noting that they have not had one in a long time. He stated that the County does not spend a lot of money with them and would recommend approval of the request.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a rate increase for the firm of Moore Peterson and Zeitler, who handles workers’ compensation issues for the County, from $95 per hour to $115 per hour for attorney time and from $60 per hour to $75 per hour for paralegal time, effective June 1, 2004.
REPORTS - COMMISSIONER CADWELL - DISTRICT 4
ROADS IN COUNTY NOT PART OF COUNTY ROAD MAINTENANCE SYSTEM
Commr. Cadwell stated that he would like for the Board to direct staff to bring back to them a list of roads in the County that are not part of the County Road Maintenance System, but are public rights-of-way, which are impassable, with a mechanism to take care of said roads on a one-time temporary basis, understanding the limitations of the Public Works’ funds, and that said funds be taken from the General Fund.
Commr. Hanson stated that the Board has discussed this issue before and she feels very strongly that the County needs to look at a plan regarding roads that were put into the County Road Maintenance System 30 plus years ago, which are getting much more use than they were 10 years ago. She stated that the County needs to be looking at where it is today, with regard to same.
Commr. Cadwell interjected that, in the past, Commr. Hanson has suggested using General Fund dollars for Transportation, but the Board has always said no; however, he feels the County is at a point now where it might be appropriate to do that.
Commr. Stivender stated that she has received complaints from her district that, when the County did the mandatory garbage pickup on those roads that were not county maintained, the trucks destroyed them. She stated that staff needs to provide the Board with a list of the major roads that need to be repaired in each district.
Commr. Cadwell interjected that the repairs need to be made in a timely manner.
Mr. Jim Stivender, Jr., Senior Director, Public Works Department, informed the Board that staff is presently doing inventory, which validates rights-of-way, and will have a full inventory of those roadways that are not in the County Road Maintenance System, but have platted rights-of-way, that are usable and being used on a daily basis. He stated that, in the short term, if the County gets a call from the Sheriff’s Office that a truck has gotten stuck, the County will do a spot repair, grading, or whatever needs to be done. He stated that most of said problems occur in the eastern portion of the County, in Districts 3, 4 and 5, in the Pine Lakes area and south of Tavares, at which time he noted that the County has spent approximately $350,000 in trying to address said roads, as a one-time maintenance.
Commr. Pool questioned whether the County might look at utilizing a “water wagon” in some of the locations to spread water on the roads, helping them to solidify, which would make them more passable. He stated that an ounce of prevention might save the County some money and asked staff to look into the matter.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board directed staff to come back to the Board with a plan to take care of the emergency situation involving those roads in the County that are not part of the County’s Road Maintenance System, but are public rights-of-way, and, in the meantime, in response to calls received from Emergency Services, the Sheriff’s Department, etc. to temporarily fix any problems involving same, until such time as the County can get those dollars back, and to bring back to the Board a funding formula, utilizing General Fund dollars and not tap into the County’s Transportation dollars, which are short as it is.
It was noted that Mr. Stivender is to make sure that the County Attorney’s Office and Purchasing are satisfied with the way he handles any problems that may involve contractors.
REPORTS - COMMISSIONER CADWELL - DISTRICT 4
VOTING DELEGATE AND ALTERNATE(S) FOR PARTICIPATION IN NACO’S
ANNUAL ELECTION OF OFFICERS AND POLICY ADOPTION FOR 2004
AMERICAN COUNTY PLATFORM AT NACO ANNUAL CONFERENCE
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Commr. Cadwell as the County’s voting delegate, for participation in NACo’s annual election of officers and policy adoption for the 2004 American County Platform at NACo’s Annual Conference, to be held July 16-20, 2004, in Arizona.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK