A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 3, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, August 3, 2004, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; and Catherine C. Hanson. Commission Robert A. Pool was out of town. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Linda Green, Executive Associate, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Ms. Kyleen Fischer, Lake County School Board Chairman, gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, stated that there is an Addendum with two report items and today’s closed session. He requested that Tab 17, pertaining to an appointment to the Transportation Disadvantaged Coordinating Board, be pulled because those appointments now need to be made by the Lake-Sumter Metropolitan Planning Organization (MPO).
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the Minutes of July 6, 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 vote of 4-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1-7, as follows:
List of Checks or Warrants Paid
Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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.
Monthly Distribution of Revenue - Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending 30 June 2004. Disbursements due to Board: $217,597.04. Same period last year: $190,429.08.
Town of Lady Lake - Ordinances
Request to acknowledge receipt of Ordinances 2004-07, 2004-08, 2004-09 and 2004-10 from the Town of Lady Lake, which were passed and ordained the 7th day of June 2004, as follows: Ordinance 2004-07 pertaining to Comprehensive Planning; amending Town of Lady Lake Ordinance No. 81-8-(83); Amendment Number: 04-S-01, The Cove at Lady Lake Partners, LTD. Ordinance 2004-08 redesignating zoning classification for certain property; rezoning subject property from Lady Lake Heavy Commercial to Lady Lake Multi Family High Density Low Rise MF-12. Ordinance 2004-09 pertaining to Comprehensive Planning; amending the Town of Lady Lake Ordinance No. 81-8-(83); Amendment Number 04-S-02, HKB Enterprises. Ordinance 2004-10 redesignating zoning classification for certain property; rezoning subject property from Lady Lake Heavy Commercial to Lady Lake Multi Family High Density Low Rise “MF-12.”
Satisfactions and Releases of Fine and Satisfaction and Release of Claim
Request for approval and execution of the following Satisfactions and Releases of Fine (2) and Satisfaction and Release of Claim (1):
In payment of the sum of $1,000.00, Judgment-Creditor, Lake County, Florida, fully releases and discharges Judgment-Debtor, Cumberland Farms, Inc., from any claims, demands, causes of action and judgments arising to the Order of Fine, Code Enforcement Case Number SM 2004-03-0067, in the amount of $1,000.00, dated May 17, 2004.
In payment of the sum of $1,500.00, Judgment-Creditor, Lake County, Florida, fully releases and discharges Judgment-Debtor, Cumberland Farms, Inc., from any claims, demands, causes of action and judgments arising to the Order of Fine, Code Enforcement Case Number SM 2004-03-0060, in the amount of $1,500.00, dated May 17, 2004.
In payment of the sum of $300.00, Claimant, Lake County, Florida, Board of County Commissioners, fully releases and discharges Debtor, Guardianship of Richard Fischer, from any claims, demands, causes of action and judgments arising from the Statement of Claim, dated May 28, 2004, File No. 2004-GA-381, Probate Division.
Satisfaction of Judgment
Request for approval and execution of the following Final Judgment: In payment of the sum of $750.00, Lake County, Florida, fully releases and discharges the Final Judgment Assessing Attorney’s Fees and Costs, Number 9801893CFA01, State of Florida vs. Joshua David Caughman and recorded in OR Book 1718, Page 1838, March 8, 1999, in the Public Records of Lake County, Florida.
Public Service Commission Re: North Sumter Utility Company, LLC
Request to acknowledge receipt of the Notice of Application for Amendment to Certificates of Authorization - Notice of intent by North Sumter Utility Company, LLC, to apply to the Florida Public Service Commission to extend its service area, to provide water and wastewater service to properties in Sumter County, as described in backup material, pursuant to Section 367.045(2), Florida Statutes. Any objections to the Application must be made in writing and filed with the Florida Public Service Commission, Attn: Director, Division of Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 600 S. North Lake Boulevard, Suite 160, Altamonte Springs, Florida 32701, within 30 days from the date of this Notice. The objection must state the grounds for the objection with particularity.
Public Service Commission Re: Progress Energy Florida, Inc.
Request to acknowledge receipt from the Public Service Commission, In re: Petition for approval of new curtailable service rate Schedules CS-3 and CST-3 by Progress Energy Florida, Inc. Docket No. 040085-EI, Order No. PSC-04-0678-TRF-EI, Issued July 13, 2004. Order approving new curtailable service rates and notice of further proceedings.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12, as follows:
Office of Budget
Request for approval of Budget transfer – General Fund, Department of Public Works, Construction Projects Division, Building Maintenance Section, in the amount of $301,106.00 is requested. Transfer $301,106.00 from Rentals and Leases to Leasehold Improvements. The Board of County Commissioners approved a transfer of funds from the General Fund Reserves to Building Maintenance, Rentals and Leases, for the renovation of the Hughes Supply Building (leased space for Cooper Memorial Library) in the amount of $301,106.00 on May 18, 2004. As this is a one-time expense, it has been determined that this cost should be classified as a Leasehold Improvement. Funds available in Rentals and Leases.
Request for approval of Budget transfer – Resort/Development Tax Fund, Department of Economic Development & Tourism, in the amount of $75,000.00 is requested. Transfer $75,000.00 from Special Reserve to Promotional Activities. Additional funds are needed to increase the purchase order for Cramer-Krasselt, due to additional activities this fiscal year from increased advertising and media costs, increased fulfillment office costs, and increased printing costs due to larger distribution of events guides. Funds available in Special Reserve.
Request for approval of Budget transfer – General Fund, Non-Departmental, in the amount of $175,000.00 is requested. Transfer $175,000.00 from Reserve for Contingency to Reserve for Operations. The Board of County Commissioners approved the transfer of $175,000.00 from General Fund Reserve for Operations to Public Works, LAP Projects, on July 6, 2004, for the LAP Agreement with FDOT for the SR 19 landscaping project based on an Interlocal Agreement with the City of Tavares. The General Fund Reserve for Contingency is the appropriate source for this transfer. Funds available in Reserve for Contingency.
Request for approval of request from the Clerk's Office for payment of Criminal Court costs for June 2004. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $38,290.00
Office of Budget/Impact Fees
Request from Budget/Impact Fees for approval of Interlocal Agreements with the City of Minneola, the Town of Astatula, the City of Clermont and the City of Groveland relating to collection of Lake County impact fees by/within the cities.
Request for approval and signature of the contract renewal for continued benefits and premium rates for 24 months from Vision Care, Inc. for the County's basic vision care program that any employee entitled to health insurance coverage may elect as a voluntary benefit.
Request for approval to award the contract for Fiber Optic Cabling to MILCOM Systems Corporation in accordance with Bid Number 04-083 for $197,355.90 and approval to accept and sign the agreement.
Request for approval to authorize and execute the First Amendment to amend the Scope of Services of the original agreement to GLE Associates, Inc., RFP Number 03-092 Water Intrusion and Indoor Air Quality Service.
Request for approval to award the contract for climate controlled record storage space to Best American Storage of Tavares, LLC, in the amount of $95.00 per month.
Request for approval and execution of Hazards Analysis Grant Agreement for Fiscal Year 2004/2005 administered by the Department of Community Affairs, Division of Emergency Management for a fixed amount of $15,422.00 to begin July 1, 2004 and end on June 30, 2005.
Request for approval and authorization to release an escrow amount of $43,371.43 posted for performance; accept a Letter of Credit for Maintenance in the amount of $93,234.00; accept a Developer's Agreement for Maintenance of Improvements between Lake County and the Greater Construction Corporation; and execute Resolution 2004-115 accepting the following roads into the County Road Maintenance System: Holly Grove Boulevard "Part" (County Road Number 0259), Heron Hill Street "Part" (County Road Number 0259D), Ibis Hill Street "Part" (County Road Number 0259E), Mallard Hill Street (County Road Number 0259G), Osprey Hill Street (County Road Number 0259H), Egret Hill Street "Part" (County Road Number 0260F), and Swallow Hill Street (County Road Number 0260G), all relating to Orange Tree Phase IV. Orange Tree Phase IV consists of 100 lots – Commission District 2.
Request for approval to accept the public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects: two Drainage Easement Deeds, four Non-Exclusive Easement Deeds, one Quitclaim Deed, one Statutory Quitclaim Deed, 13 Statutory Warranty Deeds, seven Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easements, one Temporary Non-Exclusive Easement Deeds and one Utility Easement, as follows:
Pennachio, Michael P. - Hooks St. - RD# 1346 - OR 2592 PG 1743 - Road Project
Interlachen Investments, LLC - South Clermont Connector - OR 2605 PG 1070 Road Project
Non-Exclusive Easement Deed
Seidle, William D. & Betty and Seidle, Michael A. and Seidle, Robert - Hooks St. - RD# 1346 - OR 2544 PG 2371 - Road Project
Pennachio, Michael P. - Hooks St. - RD# 1346 - OR 2592 PG 1739 - Road Project
Heinrich, Donald C. and Heinrich, Earla M. - Libby No. 3 Rd. - RD# 2233 - OR 2590 PG 1072 - Clay to Pave
The Deacon Shores Partnership - Libby Road West - RD# 2130 - OR 2590 PG 1077 - Clay to Pave
Seidle, William D. & Betty - Citrus Tower Blvd. - OR 2544 PG 2358 - Road Project
Statutory Quitclaim Deed
Look, Scott A. - North Blvd./East Ave. - OR 2584 PG 1000 - Deerhaven S/A
Statutory Warranty Deed
Purvis, Ronald G. and Purvis, Elsie - California St. - OR 2592 PG 1763 - Clay to Pave
Peterson, John W. and Peterson, Merle A. - Edwards Rd. - RD# 7009 - OR 2606 PG 1022 - Clay to Pave
Ammon, Christopher D. and Kristen K. - Grays’ Airport Rd. - RD# 7310 - OR 2584 PG 1004 - Clay to Pave
Strickland, Terry and Fay - Grays’ Airport Rd. - RD# 7310 - OR 2584 PG 1008 - Clay to Pave
Pennachio, Michael P. (Ind./Tr.) - Hooks St. - RD# 1346 - OR 2592 PG 1731 - Road Project
Hunt, Kenneth - Jewell Dr. - OR 2613 PG 1793 - Deerhaven S/A
Wallace, III, Edwin C. and Tracie E. - Orange Blossom Rd. - RD# 2831 - OR 2587 PG 2202 - Clay to Pave
Kristen L. Bartch Family Limited Partnership - Sleepy Hollow Rd. RD# 4523 - OR 2612 PG 1802 - Realignment Project
Hollingsworth, Sue (Ind./Tr.) and Sharp, Vance R. & Sharp, Mary E. - Sleepy Hollow Rd. RD# 4523 - OR 2596 PG 2278 - Realignment Project
Bosserman, Jr., Charles E. (Ind./Tr.) - South Clermont Connector - OR 2595 PG 1130 - Road Project
Interlachen Investments, LLC - South Clermont Connector - OR 2605 PG 1060 - Road Project
McGuire, Karen Jaffe (Ind./Tr.) - South Clermont Connector - OR 2592 PG 1751 - Road Project
Crittenden Fruit Company, Inc. - Turkey Farm Rd. - RD# 1750 - OR 2598 PG 0795 - Clay to Pave
Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement
Pennachio, Michael P. (Ind./Tr.) - Hooks St. - RD# 1346 - OR 2592 PG 1735 - Road Project
Seidle, William D. & Betty and Seidle, Michael A. & Michelle and Seidle, Robert K. & Tracy - Hooks St. - RD# 1346 - OR 2544 PG 2360 - Road Project
Coleman, Robert P. and Coleman, Diane M. - Keene Rd. - RD# 8165 - OR 2592 PG 1759 - Road Project
McGuire, Karen Jaffe (Ind./Tr.) - South Clermont Connector - OR 2592 PG 1755 - Road Project
Bosserman, Charles E. - South Clermont Connector - OR 2595 PG 1136 - Road Project
Interlachen Investments, LLC - South Clermont Connector - OR 2605 PG 1074 - Road Project
Harker, Shirley - Keene Rd. - RD# 8165 - OR 2583 PG 0234 - Road Project
Temporary Non-Exclusive Easement Deed
Seidle, William D. and Betty and Seidle, Michael A., and Seidle, Robert - Hooks St. - RD# 1346 - OR 2544 PG 2367 - Road Project
The School Board of Lake County, Florida - Steves Rd. - OR 2562 PG 1039 - Road Project
Request for approval of Purchase Agreement for a right of way parcel between Lake County and Larry A. Grimes and Harriette W. Grimes in conjunction with the South Lake Trail Project located in the Montverde area.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
The Chairman presented the following Employee Awards, with Ms. Cindy Hall, Assistant County Manager, giving brief remarks about each individual:
Presentation of Award to Employees with Five Years of Service
Anthony I. "Tony" Deaton, Probation Director, Community Services/Probation
Richard W. Eddy, Park Specialist, Public Works/Road Operations/Parks & Recreation
David W. Ziegler, II, Firefighter/EMT, Public Safety/Fire & Rescue (not present)
Presentation of Award to Employees with Ten Years of Service
Benson K. Hartle, Fire Lieutenant/EMT, Public Safety/Fire & Rescue
Charles A. Fedunak, Extension Agent III, Community Services/Agricultural Education Services/Cooperative Extension Services (not present)
Anna S. Perez, Office Associate III, Community Services/Agricultural Education Services/Cooperative Extension Services (not present)
Presentation of Award to Employee with Fifteen Years of Service
Frank L. Horn, Equipment Operator III, Public Works/Road Operations/Maintenance Area II
Presentation of Award to Employee with Twenty Years of Service
Clarence Archie, Public Works/Road Operations/Parks & Recreation
Presentation of Award to Employee of the Quarter
Pamela J. “Pam” Goodson, Library Technician, Community Services/Library Services
Presentation of Award to Supervisor of the Quarter
Marjorie J. Boyd, Animal Control Director, Public Safety/Animal Control
Presentation of Bright Idea Award
Debbie M. Vanier, Community Development Specialist, Community Services/Housing & Community Development
PRESENTATION - COMMISSIONER CATHERINE HANSON - FLERA OUTSTANDING LEADERSHIP AWARD
Commr. Stivender presented a surprise award to Commr. Catherine Hanson. She was presented with the Florida Local Environmental Resource Agencies (FLERA) Outstanding Leadership Award for her leadership in support of local environmental protection issues throughout Lake County. These issues include, but are not limited to, the County’s golf course ordinance, the clustering requirements for development, the countywide landscape requirements and, specifically, her diligent work on behalf of Lake County in the development of the legislation to protect the Wekiva River Basin.
Commr. Hanson expressed her appreciation for the award.
PRESENTATION - DEPUTY ALICE WATERS - ROTARY’S LAW ENFORCEMENT AWARD
Commr. Stivender read Resolution 2004-107 honoring Lake County Sheriff’s Deputy Alice Waters for receiving the Rotary’s Law Enforcement “Service About Self” Award for 2004. Deputy Waters has consistently demonstrated her concern and care for the youth of Lake County by freely giving of her time, energy and knowledge through the Special Olympics, foster care program and as a volunteer volleyball coach at Tavares Middle School. Deputy Waters is a national training instructor for GREAT (Gang Resistance Education and Training) and travels around the country training other law enforcement personnel.
Commr. Stivender explained that Deputy Waters is assigned as a School Resource Officer (SRO) at Tavares Middle School and does an excellent job watching over everyone’s children.
Lake County School Board Chairman Kyleen Fischer stated that Deputy Waters continues to offer invaluable services to the students and parents of the Lake County School System. Ms. Fischer expressed her appreciation to the Commissioners and Sheriff Cobb for their partnership with the School System in offering the resource officers.
Lake County Sheriff Fred Cobb stated that the School Resource Officers were probably the first group of deputies that he got closest to upon coming to Lake County. He stated that Deputy Waters is one example of why he considers it an honor and privilege to serve as interim sheriff. He stated that she is an example of the dedicated Lake County Sheriff’s Office employees who strive each day to serve the residents. He stated that the SROs truly do love and care about the children that they serve on a day-in and day-out basis.
PRESENTATIONS - NACo 2004 ACHIEVEMENT AWARDS
Commr. Stivender stated that Lake County won two NACo (National Association of Counties) 2004 Achievement Awards. One award is for an initiative, the “Mobile Plant Clinic,” by the Agricultural Education Service of the Lake County Community Services Department and the other is a best of category award for fiscal management for the Lake County Public Works Department’s program "The Game of Lake: Prioritizing Competing Capital Requests for Limited Funds."
Mr. Fletcher Smith, Community Services Director, explained the Mobile Plant Clinic on behalf of Extension Agent Charles Fedunak who was unable to be present at the meeting. The Mobile Plant Clinic is a joint partnership between the Extension Services, several community agencies and several master gardeners at the Agricultural Center. A trailer, equipped with educational materials, travels to home and garden shows, festivals and community events and provides helpful gardening information to citizens. He thanked the Agricultural Center and the Extension Services for all the work they do in our communities.
Mr. Jim Stivender, Jr., Public Works Director, in explaining “The Game of Lake,” stated that the County was faced with a dilemma a year and a half ago when there were $140 million in project requests with only $70 million in revenue over a fifteen-year period. The challenge was to create something visual to present to the Board at their budget meetings. He stated that Ms. Jacqui Droz, Senior CAD Technician, became the key creator of the project, made it into a puzzle-like game and made it enjoyable. Mr. Stivender also recognized Ms. Lori Conway, Ms. Debi Tinis, and Ms. Peggy Dionne who put together a lot of the budgetary paperwork. He added that Mr. Chuck Creel and Mr. Doug Conway put together a lot of the estimates so that the numbers involved were good.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board regarding voter forums at Spring Creek Elementary School in Paisley. He stated that 30 candidates and 105 citizens attended the July forum. He invited everyone to the next voter forum, for judicial candidates, at the school on August 26, 2004, 6:30 p.m.
Mr. Travis Whigham, President of the Forest Hills Association, addressed the Board regarding whether or not long-term jobs are being created for existing residents. He asked if the growth explosion will be putting a major strain on jobs. He also stated that the County should be encouraging parents to spend at least 20 minutes every day with their children going over school work.
Mr. Jerry Newton, Dogwood Avenue, Pine Lakes, addressed the Board regarding approximately 19 acres in the northeast Lake County/Pine Lakes area which is owned by Bruce and Susan Karp. The property was rezoned on March 26, 2002, from R-1 to A to allow general agricultural uses and a tree farm. Mr. Newton stated, however, that the property is being used seven days a week as an unapproved motorcross track by people who live as far away as Daytona and Orange City. He presented 19 photographs of the property and information from the Board’s March 26, 2002, zoning meeting, including Ordinance 2002-20. (The photographs and printed information are included in the backup material.) He stated that trash is also being dumped on the site and that the owner has not been on the property in two years. He related that the Code Enforcement Department has said they cannot go on the property. He stated that he and his wife are unable to train their horses because of the loud motorcross noise. Mr. Newton stated that he has no objection to a tree farm but the tree farm did not materialize.
Mr. Sandy Minkoff, County Attorney, stated that, if there is a violation, Code Enforcement can deal with it without going on the property, such as a fly over by the Sheriff’s helicopter, long range cameras, etc. Not being able to go on the property should not be a reason not to investigate a possible violation.
Commr. Cadwell confirmed that the property owner said their intent was to have a tree farm and that has never happened. They have done exactly what Mr. Newton said they would do. They are not charging the riders so it is not a commercial operation. Commr. Cadwell stated that this is an ongoing problem and a meeting will be arranged among all the interested parties, including Mr. Newton, the owners of the property, the County Attorney’s Office, the Sheriff’s Office and the Code Enforcement Department.
Commr. Hanson stated that the County can require the land owner to clean up the property or fines can be assessed.
Commr. Cadwell stated that utilizing the noise ordinance may provide some relief and he wants the Sheriff’s Office to be involved.
Commr. Hanson stated that the property owner could fence the property to combat the problem of littering.
Mr. Newton remarked that some of the kids have said they will tear a fence down if one is put up. He added that some of the kids are polite. He stated that he has found some of the kids on his property also. He stated that he has also had threats from some of the kids and from the property owner’s son. He stated that the property is still hilly and was never made level as was supposed to happen. He stated that the kids are there late into the evenings and even after dark on some nights.
Commr. Stivender reiterated that Commr. Cadwell will ask everyone involved to attend a meeting in an effort to resolve the issue.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
CONSERV II PROPERTY - SOUTH LAKE COUNTY GOVERNMENT ANNEX
Mr. Jim Stivender, Jr., Public Works Director, brought the Board up to date on a portion of the Conserv II property, located along U.S. Highway 27 south of Clermont, owned by the City of Orlando, which is being considered for the purpose of a Lake County annex government center. Referring to maps (included in the backup material) of south Lake County and the scattered locations of current government services, he stated that the property is across from the intersection where traffic from Lake Louisa Road will be redirected. In meeting with the City of Orlando on the future road project, the City offered to sell the property. Part of the Conserv II property has been used lightly as a spray field and is not conducive to the City’s future uses. The City made it clear that they are looking only for government users of the property. The maximum amount of the Conserv II acreage being considered would be approximately 200 acres. Of that amount, approximately 110 acres is considered as a seasonal wetland and the City wants to retain an easement over part of that area. This could play a part in not paying a premium price for the property. Lake County is erecting a gate at Five Mile Road because of trespass and vandalism problems. Forty to fifty acres might be utilized for a government center which could serve residents from Minneola south to Four Corners and include Groveland and Mascotte. In the long term future, possibly an elementary school could be built on the property and part of the acreage could possibly be used as a regional park. Mr. Stivender asked for direction from the Board.
Commr. Cadwell asked that the following information be provided: how would the JPA (Joint Planning Agreement) with the City of Clermont fit into that and what is the City’s opinion; a user survey of the current government offices in south Lake County; and input from the Constitutional Officers.
Commr. Hanson expressed concern that a location south of Clermont would not be convenient to citizens of the entire County while a facility north of Clermont could provide relief to the Tavares campus.
Mr. Stivender assured the Board that several people, including the County Attorney, have been looking for sites north of Clermont since the early 1990s. He stated that there is no race with other potential buyers on the Conserv II property. He emphasized that the facility would be done in phases and that the first phase would include a general office building.
Commr. Hanson stated that if intended just to serve south Lake County, this is probably a good location. It is not a good location if services would be located here that would serve the whole County.
Commr. Stivender stated that, in discussions between staff and the Constitutional Officers, they are looking at the whole gamut of what would be beneficial and efficient for the taxpayers.
Commr. Cadwell also asked for a listing of services that are provided in Tavares that are not provided now in south Lake County and asked for a list of services that other counties offer in their annexes.
Commr. Hill remarked that judicial trials might be the only service not now offered in south Lake County. She stated that there would be a concern with security when transporting incarcerated persons.
Commr. Stivender stated that staff will be talking again with Lake County Administrative Judge Don Briggs.
Mr. Stivender reemphasized that the facility would be done in phases and that the first phase would include a general office building of approximately 30,000 square feet. He stated that a lot of research would need to be done.
Commr. Cadwell remarked that there are areas in Districts 4 and 5 that are growing, that Eustis is now the second largest city in Lake County, and it takes people in the east and northeast areas thirty minutes to get to Tavares too.
Mr. Stivender stated that eastbound traffic on State Road 50 at 5:30 p.m. is incredible and cannot be compared to the U.S. Highway 441 traffic corridor.
Mr. Bill Neron, County Manager, stated that a space study is going on to define what services should be where; a lot of expensive leased space is currently being utilized; a one-stop center could be considered; future growth patterns have to be considered and this might prove to be a very good location in five or ten years; the master park plan calls for a regional park somewhere in that vicinity; and there will be a trade off of affordability versus closeness to the current Clermont locations.
Commr. Hanson reiterated that the location would not be available to people at the north end of the County. She opined that there are a lot of 50-acre properties north of Clermont, in the land use category of one unit to five acres, that might be available even if they may not be on the market.
County Attorney Sandy Minkoff stated that several properties near the County Road 561/U. S. Highway 27 corridor are available.
Commr. Stivender noted that this discussion was just for the purpose of an update and to address questions of the other Commissioners so that information can be brought back at a later date.
LAKE COUNTY LIBRARY ADVISORY BOARD
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously, by a vote of 4-0, the Board appointed Ms. Catherine Gillespie as the City of Mount Dora's alternate member to the Lake County Library Advisory Board representing the W. T. Bland Public Library.
LAKE COUNTY IMPACT FEE COMMITTEE
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board appointed and/or reappointed the following persons to the Lake County Impact Fee Committee:
Mr. Jim Miller, reappointed, representing the United Chambers of Lake County
Mr. Frank Royce, reappointed, representing the League of Cities
Ms. Jean Kaminski, reappointed, representing the Home Builders Association
Mr. James Drake, reappointed, designee of the Superintendent of Schools
Mr. Bill Benham, reappointed, representing the Agricultural Industry
Mr. Bill Calhoun, appointed, as a Citizen-at-Large
County Attorney Sandy Minkoff clarified that a quorum will consist of the majority of the appointed members. The next meeting of the Committee is scheduled for September 16, 2004.
Commr. Hill announced to the public that there are vacancies on the Impact Fee Committee and applications are being accepted. The position representing the Lake County Conservation Council is still open and that person does not have to sit on the Conservation Council. The position representing the Industrial Community is still open and can be anyone who is industrial community minded and two Citizen-at-Large positions are still open. Serving on another County committee would not create a dual office holding conflict because this is an advisory committee.
LAKE COUNTY ELDER COUNCIL
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board appointed the following individuals to vacant positions on the Lake County Elder Council:
Ms. Kathy Haviland, District 1
Dr. Thomas Cook, District 3
Ms. Stacey Hylander, District 5
County Attorney Sandy Minkoff will check to see if the requirements have been changed to allow citizens to represent a district even though they live in a different district.
REPORTS - COUNTY MANAGER
FLORIDA ASSOCIATION OF COUNTIES (FAC) LEGISLATIVE ISSUES
Ms. Cindy Hall, Assistant County Manager, explained that each year the Florida Association of Counties (FAC) requests input from counties as FAC compiles their legislative priorities for the spring. The survey included in the backup material contains data and answers to their questions as well as a few suggestions.
She stated that Commr. Pool suggested the addition of support for any legislation that might change the funding timing of schools and the impact fees to coincide more with the actual increase in students as opposed to waiting until the schools are already over capacity.
Commr. Hill asked if this Board should take that initiative or wait for the School Board to take the initiative and can this Board have that discussion with them.
Commr. Cadwell explained that this survey gives FAC an idea of where the counties want to look, so making that suggestion will not be a bad thing. They can look as a whole for the state, and as a whole for the state, is that an issue that FAC needs to talk about. If the School Board thinks that is a good thing, when we do our joint legislative meeting with the school system and the League of Cities, that might be an item to discuss. It will be filtered through the process and is not an unreasonable request to see if it is a statewide issue.
Because the survey is required to be submitted by Friday, August 6, 2004, Commr. Stivender asked that the Commissioners give any additional comments to Ms. Hall by Friday.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved survey responses for the 2005 Legislative Program which are to be submitted to the Florida Association of Counties by August 6, 2004.
BUDGET WORK SESSION NOTES
Commr. Stivender requested that the Board review the Budget Work Session Notes which were presented today and give comments to Assistant County Manager Cindy Hall by August 6, 2004. (A copy of the notes is included in the backup material.)
REPORTS - COUNTY MANAGER (CONTINUED) (ADDENDUM NO. 1)
OFFICE LEASE SPACE - SOUTH POINT OFFICE PARK
County Manager Bill Neron reported that staff has received notice of six court administration-type positions, with personnel coming on board in August and October, and there is no space available for them in the Judicial Center. In working with the Administrative Judge and his staff, new rental space has been located at the South Point Office Park on State Road 19 in Tavares. No space was found in the downtown Tavares area. He requested authorization to negotiate a lease for 3,000 square feet at the South Point Office Park. The actual cost for the lease, furniture and equipment will be brought back to the Board for approval.
Commr. Cadwell asked staff, in light of past problems, to be certain that all procedures are being followed regarding this lease. He pointed out that a lot of leases, which were deemed to be emergencies, were approved during the last year.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved authorization to negotiate a lease for 3,000 square feet of office space at South Point Office Park on State Road 19 in Tavares, and to bring back the actual costs for the lease, furniture and equipment for approval by the Board.
REPORTS - COMMISSIONER HILL - DISTRICT #1
BOUNDLESS PLAYGROUND FUNDRAISER
Commr. Hill announced that a fundraiser will be held for the Boundless Playground. It is a reverse draw and will be held at the Elks Club in Tavares at 6:00 p.m. on August 31, 2004. Information and tickets are available by calling (352) 267-3905 or (352) 636-2038.
The County Attorney will research whether or not it is appropriate to include the information on the County’s web site. He stated that, if run lawfully and people can request tickets without making a contribution, it should be okay.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PROFESSIONAL FIREFIGHTERS OF LAKE COUNTY APPRECIATION WEEK
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the execution of Proclamation 2004-114 proclaiming August 22 through August 28, 2004, as Professional Firefighters of Lake County Appreciation Week.
PUBLIC LANDS REFERENDUM (ADDENDUM NO. 1)
Commr. Hanson stated that there has been considerable discussion among those working to get a bond referendum passed for the acquisition of public lands. Resolution 2004-29, passed by the Board on February 17, 2004, calls for a bond referendum election to be held on November 2, 2004. There is concern over the language “sportsfields” in the Resolution (Section 2.a.). She stated that the recommendation is just to remove the word “sportsfields” from the currently approved referendum language. Commr. Hanson confirmed that the Environmental Lands Management and Acquisition Study Committee has been dissolved but the Public Lands Acquisition Advisory Committee (PLAAC) is still active.
Ms. Terry Godts of Preserve Lake County stated that subsequent research on her part indicates that PLAAC will soon be addressing a draft of a document which may supercede previous documents. She apologized and stated it is premature to address removing “sportsfields” from the Resolution language.
No action was taken by the Board on amending Resolution 2004-29.
Commr. Hanson made a motion to approve a request by Preserve Lake County to endorse the bond referendum. Commr. Cadwell seconded the motion.
Ms. Godts asked the Board for individual endorsements and money as well.
Under discussion, Commr. Hill stated that her understanding was that the issue would be put on the ballot for voters to decide and that the Board would step back from that, not making public endorsements one way or the other, because this would be a new tax.
Ms. Godts concurred and requested individual endorsements by the Commissioners. She stated that Letter of Endorsement forms have been presented to the Board (a copy of the Letter of Endorsement is included in the backup material).
At this time, Commr. Hanson withdrew her motion.
No action was taken by the Board on the Letter of Endorsement.
Regarding a brochure, Commr. Hanson remarked that the Board approved an educational brochure on the 2001 referendum to extend the one-cent sales surtax.
Commr. Hill opined that a brochure on the bond referendum for land acquisition would be tailored by The Trust for Public Lands.
Ms. Godts explained that it would be an informational piece for voters that would not be an advocacy or promotion which might describe benefits, what the PLAAC is doing, how the money will be spent, and how much it will cost. Ms. Godts stated that her group would be glad to do the production of that piece if the Board chooses and that they would certainly like to be involved where content is concerned.
Commr. Stivender stated that the recommendation the Board got was that, prior to distribution, the brochure would be provided to the Board for approval and authorization to expend funds.
County Manager Bill Neron explained that, if they follow the procedure that was done with the sales tax referendum, staff would work with that group producing a brochure that passes legal muster so that we are not advocating. The costs for distribution will be brought back to the Board for approval.
Commr. Stivender stated that the Board approved $20,000 for the brochure for the sales tax referendum.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, by a vote of 3-1, the Board authorized staff to work with Preserve Lake County and come back to the Board with an informational brochure, and the amount, for the November 2, 2004, bond referendum for the acquisition of public lands.
Commr. Hill voted “No.”
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
FLORIDA ASSOCIATION OF COUNTIES’ LEGISLATIVE UPDATE
Commr. Cadwell reminded the Board that the Executive Director of the Florida Association of Counties (FAC) will present an update on legislative issues at 10:00 a.m., Thursday, August 5, 2004. He announced that he will host a social event at his home for members of the FAC at 6:30 p.m. on Wednesday, August 4, 2004. He invited the Board, as well as members of the press, to the social event, noting that no business will take place.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3
2004 STATE OF THE COUNTY EVENT
Ms. Cindy Hall, Assistant County Manager, informed the Board that the 2004 State of the County committee is suggesting that the event take place at 3:00 p.m. on Thursday, October 21, 2004, and will focus on business in an effort to get more business attendees at the event. She suggested that some of the companies who have been recipients of the Jobs Growth Investment awards program might be highlighted as part of the presentation. The calendar handout piece might be replaced with a booklet that would be a little more useful throughout the year.
Commr. Cadwell suggested that the committee consider a breakfast event.
Ms. Hall suggested that the format, with a theme of “Mapping Our Future,” might be able to tie in with the Historical Courthouse’s mapping displays. The event would be held in the Lake County Administration Building.
Commr. Hanson concurred that a buffet-style breakfast might be good for businesses.
Commr. Stivender suggested that the committee consider 7:30 a.m. or 8:00 a.m. as a time for the event. She confirmed a consensus of the Board for going to a different type of information packet and for requesting help from sponsors for funding of the event.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved that the 2004 State of the County will be held on Thursday, October 21, 2004.
PROCLAMATION - W.I.N. (WARNING IS NECESSARY) MINISTRIES
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Proclamation 2004-116 in support of W.I.N. (Warning is Necessary) Ministries in hosting its third annual Divine Alignment Prophetic Conference in the City of Eustis, Florida, on August 27 and 28, 2004, at the Eustis Community Center.
OTHER BUSINESS (CONTINUED)
WEKIVA COORDINATION MEETING - TRANSPORTATION AGENCIES
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that he will be attending a Wekiva coordination meeting with various transportation agencies today at METROPLAN ORLANDO’s office. The technical meeting was requested by the Department of Community Affairs.
JOINT MEETING WITH FRUITLAND PARK CITY COMMISSION
County Manager Bill Neron reminded the Board of their joint meeting with the Fruitland Park City Commission at their new facility at 6:00 p.m., Thursday, August 5, 2004.
JOINT MEETING WITH LAKE COUNTY SCHOOL BOARD
Commr. Stivender reminded the Board that there is no Board meeting on August 10, 2004, but there is a joint meeting with the Lake County School Board on August 11, 2004, at 2:00 p.m., at the Ken Bragg Public Safety Complex in Tavares, Florida.
RECESS AND REASSEMBLY
At 10:25 a.m., Commr. Stivender announced a five minute recess.
CLOSED SESSION - LITIGATION
Mr. Sandy Minkoff, County Attorney, announced that a closed session, pursuant to Florida Statute 286.011, was requested at a previous Board meeting and has been advertised. The purpose of the meeting will be to discuss pending litigation in which the County is a party and will involve only settlement negotiation strategy sessions. The court reporter will record the entire session, recording the beginning and ending times, and no portion of the session will be off the record. Persons attending the session will be the four Commissioners, the County Manager, the County Attorney and the court reporter. The closed session will commence now, at 10:35 a.m., and will last approximately fifteen to twenty minutes.
Commr. Stivender reconvened the meeting and announced that the closed session was terminated at 10:50 a.m.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:50 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK