A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 28, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, September 28, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda and that he was pulling Tab 2 from the County Manager’s Consent Agenda until the Budget Hearing scheduled for 5:05 p.m. this date. He further stated that Item No. I.A.4, on Addendum No. 1, should show the amount of money being deposited into FEMA Assistance - Hurricane Frances as $4,025,000.00.
Commr. Hill asked that Tab 5 be pulled from the Agenda, for discussion; and Commr. Stivender asked that Item No. I.C.1., on Addendum No. 1, be pulled for discussion, as well.
COUNTY MANAGER’S CONSENT AGENDA
Public Works
Commr. Hill stated that she asked that this item (Tab 5), a request from Public Works for approval and signature on an Agreement between Levitt & Sons, Estates at Cherry Lake, and Lake County, regarding a Groveland north/south collector road that extends from Cherry Lake Road north to U.S. 27, in the Libby Road area, be pulled for discussion, because she wanted to make sure that the issue was discussed, before the Board approved the Agreement. She stated that it indicates in a letter that the Board received regarding the Agreement that it does not provide for road construction, prior to any homes being built in the area; that the Cherry Lake Road residents will bear 100% of the traffic, until the collector road is constructed; and that the project is currently unfunded in the Public Works budget, at which time she questioned whether the project was being moved up and whether it would be funded, prior to homes being constructed.
Mr. Fred Schneider, Director of Engineering, Public Works, addressed the Board stating that the Agreement provides for a collector road from Cherry Lake Road north to U.S. 27, as well as the majority of the length of an eight foot wide trail along one side of the road. He stated that no through route was proposed, at which time he displayed an aerial of the property in question, pointing out the route of the newly proposed collector road. He noted that no homes have been constructed in that area at this time.
Mr. Steve Richey, Attorney, representing the parties involved in this project, addressed the Board stating that his clients were funding the cost of constructing the road in question up front, prior to the construction of any homes. He stated that the Estates at Cherry Lake and Levitt & Sons developments have been approved by the Department of Community Affairs and by the City of Groveland, in fact, noted that construction plans have already been approved for Phase I of both projects.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA
Public Works
Commr. Stivender stated that she asked that this item (Item No. I.C.1. on Addendum No. 1), a request from Public Works for approval and authorization to execute Change Order No. 7 to Judicial Center Parking Lot Modification Project No. 2003-11, in the amount of $69,064.32; and approval of related Budget Change Request, in the amount of $52,641.00, be pulled for discussion, as well, at which time she asked that Mr. Jim Stivender, Jr., Senior Director, Public Works, give the Board a brief overview of what has happened regarding said parking lot and to bring them up to date regarding the air quality in the Judicial Center.
Mr. Stivender stated that although this is the seventh Change Order regarding the Judicial Center parking lot, a lot of the changes are minor in nature, at which time he reviewed what was involved with each of the Change Orders, such as fence work, the installation of some additional planters, a revision to some of the sidewalks, the refurbishing of the flag poles, some curb work, the installation of some handicap ramps, and the removal of a traffic separator that was previously installed. He stated that, with regard to the air quality in the Judicial Center, some tests were conducted on all floors of the facility and the County received a clean bill of health. He stated, however, that they are now challenged with removing water that leaked in from the windows on every floor on the east side of the building from wind driven rain, due to Hurricane Jeanne. He stated that part of the roof on the walkway between the Jail and the Judicial Center was blown off, as well. He noted that the County will continue with the environmental study of the entire building and with the contract management and do repairs and modifications to the building, to minimize leaks in the future, which will include replacing the roof.
It was noted that the Judicial Center was closed this date, due to the water leaks incurred from Hurricane Jeanne, but that it was scheduled to be open for business on Wednesday, September 29, 2004.
COUNTY MANAGER’S CONSENT AGENDA
Procurement Services
Commr. Cadwell informed the Board that he had a Conflict of Interest, with regard to this item (Tab 2), a request from Procurement Services for approval to award the contract to provide Broker Services for Property, Liability, and Workers Compensation Insurance, in accordance with RFP 04-106, to Arthur J. Gallagher & Co., which the County Manager was requesting be pulled until the Budget Meeting scheduled for 5:05 p.m. this date, therefore, would not be participating in the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 4-0 vote, the Board approved to pull Tab 2 until the Budget Meeting scheduled later this date, as noted.
Commr. Cadwell did not participate in the vote.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Employee Services
Request for approval to accept the Agreement for Inpatient Services, Inpatient Stop-loss, Obstetrical Care, and Outpatient Services provided by Florida Hospital Waterman Healthcare System, Inc. (FHWHS), when charges are incurred for Lake County employees in the FHHS/Waterman CPO.
Procurement Services
Request for approval to authorize the Procurement Services Director to award the contracts and issue the appropriate contract documents for all capital equipment approved in the Fiscal Year 2004/2005 budget, provided the total award amount for each item is ten percent (10%) or less the approved estimated budgeted amount, and appropriately budgeted funds are available; and award and renew all annual term and supply contracts (each action shall be in accordance with Procurement Policies and Procedures).
Request for approval and authorization to execute an Amendment to the Scope of Services to RFP No. 02-071 for GPS Maintenance Surveying Road Signs.
Public Works
Request for approval and signature on an Agreement between Levitt & Sons, Estates at Cherry Lake, and Lake County, regarding a Groveland north/south collector road, which extends from Cherry Lake Road north to U.S. 27, in the Libby Road area.
Request for approval and authorization to release a Performance Bond, in the amount of $8,560.00; return funds, in the amount of $856.00, for landscaping requirements; and release a Maintenance Bond, in the amount of $19,296.23, for Windscape, Phase 1.
Request for approval and authorization to return funds, in the amount of $4,800.00, which was posted for Emerald Greens, Phase III.
ADDENDUM NO. 1
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
Budget
Request for approval of the following:
1. Budget Transfer - Village Green Street Lighting Fund, Office of Budget,
Assessments Section, in the amount of $20.00. Transfer $20.00 from Special
Reserve to Utility Services. Funds needed to pay for utility invoices for the
remainder of the fiscal year, due to unexpected rate increases. Funds available in
Special Reserve.
2. Budget Transfer - Valencia Terrace Street Lighting Fund, Office of Budget,
Assessments Section, in the amount of $25.00. Transfer $25.00 from Special
Reserve to Utility Services. Funds needed to pay for utility invoices for the
remainder of the fiscal year, due to unexpected rate increases. Funds available in
Special Reserve.
3. Budget Transfer - General Fund, Constitutional Officers/Sheriff, in the amount
of $60,000.00. Transfer $60,000.00 from Reserve for Operations to Inmate
Medical Care. Funds needed to cover additional inmate medical invoices received
in September. Funds available in Reserve for Operations.
4. Resolution No. 2004-159 - Amending the General Fund, in order to receive
unanticipated revenue for Fiscal Year 2003/2004, in the amount of $4,025,000.00,
deposited into FEMA Assistance - Hurricane Frances, and provide appropriations
for the disbursement for Hurricane Frances expenses.
Employee Services
Request for approval to accept the Contract Amendment for continued Claims Administration, Utilization Review (UR), Flexible Spending Account Administration (FSAI), COBRA/Retiree Administration, and Large Care Management (LCM) services from Employers Mutual, Inc. (EMI), the County’s Third Party Administrator for medical claims.
Public Works
Request for approval and authorization to execute Change Order No. 7 to Judicial Center Parking Lot Modification Project No. 2003-11, in the amount of $69,064.32, for additional work related to the project, and approval of related Budget Change Request, in the amount of $52,641.00.
OTHER BUSINESS
UPDATE ON HURRICANE JEANNE RECOVERY EFFORTS
At this time, various department heads gave the Board a brief update on the County’s recovery efforts, with regard to Hurricane Jeanne, starting with Mr. Butch Whitehead, Director, Emergency Management Services, Department of Public Safety, who stated that there has been considerable flooding to the Central Florida river basins; that there have only been three fatalities in the State of Florida, which they feel is a credit to the State and the preparation that was done to get people into safe places; FEMA (Federal Emergency Management Agency) has declared that residents of Lake County are eligible for individual assistance and for public assistance Categories A and B, with the State declaring Categories C thru G eligible; that staff has requested that the State locate a Disaster Recovery Center in the County, which they are processing; that the State is re-establishing some of their logistical staging areas to support those people that were impacted by Hurricane Jeanne; that the two staging areas that have normally supported Lake County have been Ocala and Lakeland and that most of the goods will probably be coming into the County from Ocala; that a large number of mobile homes have moderate to severe damage and other structures have mostly roof damage; that 55,000 Lake County residents now have power, down from 90,000 one and a half days ago; that Sprint has reported approximately 80,000 of their customers are without telephone service; that pumping operations for the Lake Mack area are scheduled to begin this date; that major roads in the County are now clear and county crews are out clearing some of the secondary and neighborhood roads; that distribution of ice, water, and food got underway yesterday and will continue this date; that the County has consolidated all of its shelter operations down to one shelter, Dabney Elementary; and that the schools will make a determination later this date as to whether they will be open tomorrow, which will depend on power restorations.
Mr. Jim Dickerson, Operations Chief, Fire Rescue, Department of Public Safety, informed the Board that three fire stations are still on auxiliary power and four stations have received minor to moderate damage; that three strike teams are staffed and ready to assist the County in the Bassville/Sunnyside areas and south of Yalaha; that the Lake Mack, Lake Kathryn, Shockley Heights, Altoona, Lady Lake, Shirley Shores, Lake Jem, and Pine Lakes areas have been cleared; and that Fire Rescue will continue to staff two 24 hour high-wheel vehicles in the Astor/Lake Mack areas, for accessing the flood zones. He stated that, with regard to power lines being down, if it can be determined that the lines are de-energized and it is within the Fire Rescue team’s capabilities to clear them from the roadways, they will do so, but, until they have said confirmation, they will not touch them.
Mr. Stivender, Senior Director, Public Works, readdressed the Board stating that all of the major roads were now open and that all of the local roads, even some of the unmaintained ones, should be open this date, noting that Grubbs Hurricane Relief agreed to ride around the County with some of their equipment and clear the roads, allowing the County to start grading some of the clay roads and doing repairs to roadway shoulders, etc. He stated that the County has been faced with the challenge of power outages, as well as damage to traffic signals, at which time he noted that, if a traffic signal is completely out, one should treat it as a four-way stop, and, if it is flashing amber, the amber flash has the right of way and one should proceed with caution. He thanked the various police departments and the Sheriff’s Office for monitoring a lot of the intersections throughout the County that were either on flash and backing up traffic, or had not gotten up to full alert. He stated that the County is currently pumping water in south Lake County and will be pumping in the Lake Mack area. He stated that staff estimates there is approximately another 150,000 cubic yards of debris left from Hurricane Jeanne, on top of the 350,000 cubic yards that was left over from Hurricane Frances. He stated that they have already collected approximately 125,000 cubic yards and are continuing the cycle throughout the County, noting that the older debris will be picked up first. He stated that, with regard to the CR 561 washout situation, it is definitely a problem and the County will be addressing it. He noted that Mr. Schneider, Director of Engineering, Public Works, is monitoring the flooding situation in Astor and in south Lake County.
Mr. Rodger Amon, Administrator, Lake County Health Department, addressed the Board and updated them regarding the hospital situation in the County, noting that they had all reported normal operations, although South Lake Hospital reported some minor water damage, due to the hurricane, and Lake Sumter Emergency Medical Services reported a little above normal operations. He updated the Board regarding the shelters, stating that the County sheltered 381 individuals and their care givers during the hurricane. He stated that 22 boil water notices were in place in the County and that four community health assessment teams were on the ground in damaged areas, assisting anyone with health concerns.
Mr. Dale Greiner, Senior Director, Building Services Division, Growth Management, addressed the Board stating that the County had sent out teams to assess the damage caused by Hurricane Jeanne and that they would not be reporting their findings until later this date. He stated that the total amount of damage received from Hurricane Jeanne is half again as much as the damage caused by Hurricane Frances. He stated that they are seeing a lot of damage to older roofs and a lot of damage from downed trees, however, noted that it is mainly to mobile homes, at which time he noted that they are seeing a lot more mobile home damage from Hurricane Jeanne than they did from Hurricane Frances. He stated that another type of damage that is being seen is water penetration, with the worst areas being Astor, Lake Mack, Yalaha, Emerald Lakes, and Bassville Park. He stated that the County is currently waiving building fees and, when possible, will issue a permit in the field for anything that does not require structural engineering. He noted that, although the Governor is allowing all building, general, and residential contractors to do roofing, Lake County is not allowing it at the present time.
Mr. Neron informed the Board that the County’s Records Center is closed this date, noting that it incurred some water damage, which staff is assessing.
Mr. Jim Goodman, representing the Lake County School System, updated the Board regarding the County’s school situation, stating that two portables sustained damage to the point of being unservicable, a nurses office at the Howey-in-the-Hills Student Services Complex was pretty much destroyed, and two schools do not yet have power restored - Tavares Elementary and Treadway Elementary. He stated that the damage that has been sustained to the schools is not severe, noting that there are a lot of leaks and water to extract, but there are adequate crews and equipment on hand to do so, and, with the power restored to those schools, they should be able to accomplish that task. He stated that the School Board has enjoyed an extremely good and cooperative working relationship with all of the governmental entities and he had nothing but good things to say about all the different divisions, the County Government, and the Sheriff’s Office, noting that the cooperation is a team effort and he appreciated it.
Commr. Stivender stated that, during the storm, she enacted a curfew, which included the sale of any alcoholic beverages, however, noted that it has now been lifted for all the municipalities except Mascotte.
PUBLIC HEARINGS: VACATIONS
PETITION NO. 1028 - FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, DIVISION OF STATE LANDS - LAKE MACK/ROYAL TRAILS
AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, explained this request, stating that it was a request from the Florida Department of Environmental Protection, Division of State Lands, to vacate an easement located in Sections 30 and 31, Township 17 South, Range 29 East, in the Lake Mack/Royal Trails area - Commission District 5, however, noted that they have asked for a 30 day postponement to work on the Unity of Title.
The Chairman opened the public hearing.
No one was present in opposition to the request for postponement.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding Vacation Petition No. 1028, Florida Department of Environmental Protection, Division of State Lands, for 30 days, until the Board Meeting scheduled for October 26, 2004.
PETITION NO. 1033 - MERRITT/BAPTIST CHURCH OF OKAHUMPKA -
OKAHUMPKA AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, explained this request, stating that it was a request by Tex Merritt/Baptist Church of Okahumpka, to vacate and cease maintenance on a county road known as South Quarters Road (3-3109), located in Section 15, Township 20 South, Range 24 East, in the Okahumpka area - Commission District 3. He stated that it is a very old platted road that runs along the old railroad track south of CR 470, noting that it was originally a clay road that was paved in the 1980s. He stated that the petitioner is asking to vacate a portion of it that is located south of CR 470; however, the County is faced with the dilemma of being in the design process for CR 470. He stated that it is rare that the County ceases maintenance and vacates a road that has been a county maintained road for some time, but, in this case, they see the road as being extremely restricted by the construction and four laning of CR 470, which should occur within the next year or so. He stated that staff feels it is good planning, on the part of the County, to address the issue now. He stated that the alternative is Main Avenue, which is the nearest paved road to the west that accesses U.S. 27, which would be well past the intersection and would be utilized as part of it.
It was noted that said vacation would not cut off anyone’s access to their property.
Mr. Stivender further stated that staff did not see a need for a parallel road. He stated that having Main Avenue access U.S. 27 seemed to be the appropriate location for the first access point past the intersection; therefore, staff was recommending approval to vacate South Quarters Road.
Mr. Steve Richey, Attorney, representing Mr. Tex Merritt and the Baptist Church of Okahumpka, addressed the Board stating that, normally, the applicants would not be filing a road vacation petition this early, prior to construction that will be going on approximately one year from now, but, in order for county staff to plan how the intersection is going to be designed, the applicants felt it was important to file the petition at this time. He stated that the church is building a new sanctuary and the property where the church is currently located will be going through some transition, thus, their reason for filing the petition early on, in conjunction with Mr. Merritt, who owns the property contiguous to it, the idea being to try to do something that will enhance the intersection. He stated that he contacted the City of Leesburg, regarding some fiber optics that they laid along the property, to work with them in figuring out how to realign their utilities, so that they are not within the applicants’ properties. He stated that the vacation will not take effect until after the reconfiguration of CR 470, so there is no need for the property to be utilized until that intersection and roadway can be reconfigured. He stated that the City of Leesburg thought they had a right of way utilization permit from the County, but they do not and their fiber optics are located on Mr. Merritt’s property, however, noted that there is an effort to resolve that issue over the next year, while the County does its design work and finalizes the plans for the road.
The Chairman opened the public hearing.
Mr. Jackie Atchley, the owner of a parcel of property in the area of CR 470, addressed the Board stating that the west side of his property faces Main Avenue and, if traffic is rerouted, it is going to go down Main Avenue and right by his bedroom window. He stated that a lot of traffic travels South Quarters Road, which will now travel down Main Avenue. He suggested that CR 470 be reconfigured utilizing another road other than South Quarters Road, possibly Pine Street, just west of the church property, which he noted has been vacated, but could be reopened.
The Chairman questioned whether staff had met with the residents in the area, to review what the County is planning to do regarding the reconfiguration of CR 470 and the intersection in question, and was informed that a public hearing was held two years ago at the Baptist Church, at which time staff reviewed the entire design process with those residents that were present at the meeting.
Commr. Cadwell interjected that, with regard to Mr. Atchley’s suggestion that the County reopen Pine Street, once a road is approved for vacation by the County, it is out of their hands from that point on - the property would have to be taken through a condemnation process.
Mr. Stivender stated that he could take a traffic count in that area, if there was any concern on Commr. Stivender’s part about the traffic flow, as it is today.
Commr. Stivender indicated that she would like for staff to conduct said traffic count.
Mr. Richey informed the Board that his clients would have no problem with continuing this case until a later date, to allow the County to meet with the residents in the area and try to allay any concerns they might have about the project. He stated that, if the Board wanted to continue the case for 60 days, his clients would not object to it.
The Chairman stated that she felt it was justifiable to postpone the request and let the residents sit down with county staff and review the project, before the Board takes any action regarding it.
It was noted that traffic counts would be taken on the roads in question, in the meantime.
Mr. Danny Watson, a resident of Okahumpka, addressed the Board stating that he owns some property adjacent to Mr. Merritt’s property and questioned how he would access his property, if the County closes the road. He questioned how many roads the County is planning to vacate in the area, when CR 470 is reconfigured.
Commr. Stivender interjected that that was the reason the County would be holding another meeting, to allow the Public Works staff to answer any questions there might be about the project. She noted that the residents in the area would be notified of said meeting by mail.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to postpone action regarding Vacation Petition No. 1033, Tex Merritt/Baptist Church of Okahumpka, Representative Steven J. Richey, Attorney, for 60 days, until the Board Meeting scheduled for November 23, 2004.
PUBLIC HEARING - REZONING
REZONING CASE NO. PH42-04-2 - R-6 TO CP WITH C-2 USES - CHANCERY
LANE, LTD./BAILES PROPERTIES/DOUG LACROSSE - TRACKING NO. 45-04-Z
Mr. Steve Richey, Attorney, representing the applicant, addressed the Board stating that this case had been postponed from a previous Board Meeting, independent of the regular Zoning Board Agenda, to a date certain, being this date; however, due to the fact that the Board would not be hearing any other rezoning cases this date, would like to have the case continued until the Board Meeting scheduled for October 26, 2004.
The Chairman opened the public hearing.
No one was present in opposition to the request for postponement.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to postpone Rezoning Case No. PH42-04-2, Chancery Lane, Ltd./Bailes Properties/Doug LaCrosse/Steven J. Richey, Attorney, Tracking No. 45-04-Z, a request to rezone a 16.4 acre parcel from R-6 (Urban Residential District) to CP (Planned Commercial District) with C-2 (Community Commercial District) uses, until the Board Meeting scheduled for October 26, 2004, at 9:00 a.m.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
JOINT PLANNING AGREEMENT WITH CITY OF MOUNT DORA
Mr. Jeff Richardson, Planning Manager, Planning and Development Services, Growth Management, explained this request, stating that the Mount Dora Joint Planning Area Agreement, contained in the Board’s backup material, was modeled, to some extent, after the agreements from the City of Leesburg and the City of Clermont. He stated that both of the City Councils and the Land Planning Agency have read the agreement and have accepted it, as it is currently written, however, noted that there was one item that was discussed during the Land Planning Agency Meeting, which was for clarification regarding Exhibit B, to be included with the agreement, which gives some indication of a land use direction that the County is going in and staff wanted to add one sentence to the agreement, as follows: On Page 9, under Article III - Creation of Joint Planning Area, at the end of Paragraph 2, add “The County and the City will use their best efforts to implement the ideas set forth in Article V hereof.” He noted that Article V is the Article where Exhibit B is referenced and gives an example of potential future land use designations.
Mr. Gary Cooney, Attorney for the City of Mount Dora, addressed the Board stating that he felt everybody was happy with the agreement, if the Board was happy with it.
Commr. Hanson stated that there was some concern about the future of the Mt. Plymouth/Sorrento Urban Node and the ability for that community to remain intact and not be annexed, noting that they do not know what will happen in 20 years. She stated that she discussed with the County Attorney, Mr. Sandy Minkoff, the possibility of having a legislative act declaring that the area is a village, without having to incorporate.
Mr. Minkoff stated that the agreement before the Board this date indicates that the City of Mount Dora will not annex into that area, however, noted that, under current law, that may be suspect, in terms of being enforced. He stated that, in order for them to become a municipality, it would take legislative action, but the County may be able to create an area where they would have some funding to do things that would be municipal-like, but there really would not be a municipality - it would still be governed by the Board of County Commissioners.
Commr. Hanson stated that there may be an interest in doing something like that in the area, however, noted that there is a concern about it, which she elaborated on.
Commr. Cadwell questioned the wording contained under Article V - Specific Developmental and Environmental Considerations, on Page 15 of the Agreement, and whether it was strong enough to prevent another strip type mall, noting that he did not think that was the intent of the City of Mount Dora.
Mr. Richardson stated that he felt there was a common understanding about it and that, contained within the Definitions section of the Agreement, staff tried to make a little clearer the fact that it was an Office Employment Center, rather than industrial, and that a corporate office type park is what would probably be developed in that area, with higher paying jobs, better salary, a better income base, etc.
Commr. Hanson stated that she thought it was a great plan and a great location, noting that the County needs more of those types of designations on its land use map.
Commr. Cadwell interjected that it also states that the County will not go from there to Mt. Plymouth/Sorrento with solid roof tops either - that it allows for a transitional zone.
Commr. Hanson stated that she was also pleased to see the scenic roadway designation for Wolfbranch Road, although it has not yet occurred, noting that the County brought it forward several years ago in its Comprehensive Plan and is something she certainly supports.
Commr. Cadwell questioned whether staff had a time frame for the joint Land Development Regulations (LDRs) and was informed that the County has not moved forward with a lot of discussion as to what it may be doing, regarding an immediate time frame for the joint LDRs, or the Comprehensive Plan Amendments.
Commr. Hanson stated that it has been her intent, if the County goes to one unit per acre, to utilize the clustering concept and she feels that the City of Mount Dora endorses that concept, as well.
Commr. Cadwell questioned whether the joint LDRs was not as high on the list for the City of Mount Dora as it is with other municipalities.
Mr. Cooney readdressed the Board, stating that, if they were to adopt the agreement before them this date, the City of Mount Dora would start working on them immediately. He stated that it was not an issue with them, noting that the City has a good working relationship and, based on what they have gone through with the Agreement, he feels the joint LDRs will come along very easily. He stated that, with regard to Commr. Cadwell’s question, they do not want to see rooftops in the Mount Dora area, noting that they were thinking more along the lines of a higher end development, such as a national headquarters for AAA Insurance Company, as they have in the Lake Mary area. He stated that they would prefer to not even have smaller offices, but rather fairly large corporate offices.
Commr. Hanson interjected that this was a fear that she has with the County’s Comprehensive Plan, noting that the County is rapidly growing residentially in rooftops, but it does not have the same emphasis as creating jobs locally, although she noted that the County tries with some of its incentives, but its land use map does not show it. She stated that she felt this was a great opportunity to try to keep some of those higher paying jobs in Lake County.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Joint Planning Agreement with the City of Mount Dora, as amended.
Commr. Hanson noted that she was appointed by Governor Bush to the Advisory Committee for the Wekiva Basin, along with the Mayor of Mount Dora, Mr. James Yatsuk.
Mr. Cooney informed the Board that the City of Mount Dora has been involved with this Agreement for a long time and wanted to extend a special “Thank You” to Commr. Cadwell, who sat through numerous meetings involving the Agreement. He stated that the City appreciated his help, as well as that of the County’s staff.
Mayor Yatsuk addressed the Board and extended his thanks to everybody that worked with the City of Mt. Dora on the Agreement, noting that it was always their intent to establish this type of employment center, but especially to Mr. Keith Schue, who suggested the language pertaining to the scenic designation of Wolfbranch Road. He stated that he wanted to thank him for helping pull it all together.
REPORTS - COMMISSIONER POOL - DISTRICT 2
CENTRAL FLORIDA MANUFACTURERS ASSOCIATION FUNCTION AT
G & T CONVEYOR COMPANY, INC.
Commr. Pool informed the Board that he was invited to a Central Florida Manufacturers Association function at G&T Conveyor Company, Inc., where those attending the function were given a tour of the facility and updated, as to what is going on countywide, with regard to manufacturing. He stated that he was impressed with the different manufacturers that attended the function and had a chance to meet with them and talk about job opportunities in the County, at which time he suggested that they be invited to give the Board a brief overview of what they are doing, how they are doing it, and job opportunities that are available. He stated that many of them are wanting to come to Lake County and he feels it would be a great opportunity to showcase them.
It was suggested that the matter be a topic for discussion at the Board’s next retreat, which will probably be held near the end of the year.
ADDENDUM NO. 1
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
COUNTY MANAGER AND COUNTY ATTORNEY EVALUATIONS
Commr. Stivender informed the Board that the County Manager and County Attorney evaluations were being postponed until the Board Meeting scheduled for October 5, 2004.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LAKE COUNTY CANVASSING BOARD
Commr. Stivender informed the Board that she would like to appoint Commr. Cadwell to serve on the Lake County Canvassing Board, replacing Ms. Emogene Stegall, Supervisor of Elections, who has an opponent this election and cannot serve on said Board.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Commr. Cadwell to serve on the Lake County Canvassing Board.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
LETTER TO FEMA REGARDING ASSISTANCE FOR HURRICANES OF 2004
Commr. Stivender referred to a letter that Ms. Cindy Hall, Assistant County Manager, had composed, on behalf of the Board, requesting assistance from FEMA (Federal Emergency Management Agency) for damages incurred by the hurricanes of 2004. She noted that the letter was requesting 90% reimbursement from FEMA, rather than 75%.
It was the consensus of the Board that said letter be sent to FEMA.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT 3
HURRICANE JEANNE
Commr. Hanson thanked Commr. Stivender for her efforts during Hurricane Jeanne, in appearing on television and radio, giving the general public updates regarding the hurricane.
REPORTS - COMMISSIONER HANSON - DISTRICT 4
WEKIVA RIVER BASIN COMMISSION
Commr. Hanson informed the Board that she was appointed by the Governor to the Wekiva River Basin Commission and looks forward to serving on said Commission.
RECESS AND REASSEMBLY
At 10:35 a.m., the Chairman announced that the Board would recess until 5:05 p.m., for the Final Public Hearing on the Fiscal Year 2005 Budget.
COUNTY MANAGER’S CONSENT AGENDA (CONT’D.)
PROCUREMENT SERVICES
At 5:05 p.m., the Chairman reconvened the Board Meeting, at which time she noted that the Board had pulled a request from the County Manager’s Consent Agenda, earlier in the meeting, to be discussed at this time.
Mr. Bill Neron, County Manager, informed the Board that this request was pulled from the County Manager’s Consent Agenda, to be discussed separately, because some concerns were raised before the meeting regarding the contract to provide Broker Services for Property, Liability and Workers Compensation Insurance. He stated that said concerns had been resolved and he was recommending approval of the request.
Commr. Cadwell noted that he had declared a Conflict of Interest earlier in the meeting pertaining to this request, the reason being that he sits on the Board of Trustees for another company that had bid on the insurance, therefore, would not be voting on the matter.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement Services for approval to award the contract to provide Broker Services for Property, Liability and Workers Compensation Insurance, in accordance with RFP 04-106, to Arthur J. Gallagher & Company, as follows: Premier Public Entity Package - $515,126.00 (Option 2 - which eliminates the Loss Fund Protection), Excess Property - $163,490.00 (plus Florida surcharges), Excess Workers Compensation - $228,285.00, Boiler & Machinery - $8,196.00, Railroad Protection Liability - $15,000.00, and Underground Storage Tank Liability - $1,880.00.
PUBLIC HEARING
PROPOSED ORDINANCE AMENDING SECTION 10.02.02 OF THE LAKE
COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS,
ENTITLED TEMPORARY HOUSING DURING CONSTRUCTION
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE
COUNTY, FLORIDA; AMENDING SECTION 10.02.02, LAKE COUNTY CODE,
APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TEMPORARY
HOUSING DURING CONSTRUCTION; REMOVING THE REQUIREMENT THAT
TEMPORARY HOUSING ONLY BE PERMITTED IN CERTAIN ZONING
DISTRICTS; PROVIDING THAT TEMPORARY HOUSING BE ALLOWED ON
LOTS OF ONE (1) ACRE IN SIZE OR LARGER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CODE.
Mr. Minkoff noted that the Ordinance requires two public hearings, one to be held after 5:05 p.m., thus, the purpose for this public hearing.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the first reading of the proposed Ordinance Amending Section 10.02.02 of the Lake County Code, Appendix E, Land Development Regulations, entitled Temporary Housing During Construction, as presented.
PUBLIC HEARING
FINAL BUDGET ADOPTION FOR FISCAL YEAR 2005
Mr. Bill Neron, County Manager, informed the Board that the proposed Fiscal Year 2005 Budget was in balance and totaled $339,108,668.00, representing a $1,869,456.00 decrease over the proposed budget that was approved September 14, 2004. He stated that the changes reflected the deduction in the millage for Solid Waste and the changes in the Solid Waste Fund for the revised tonnage fee and assessment fee per residential unit. He noted that a detailed listing of said changes was shown on Pages 3 and 4 of their budget booklets. He stated that the millage rates tentatively approved were as follows:
General Fund 5.8170
Lake County Ambulance and Emergency Services MSTU .5289
Stormwater Management MSTU .5000
Aggregate 6.6266
The Chairman announced the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, noting that the County’s aggregate rolled-back rate is 6.3257 mills and the aggregate tentative rate is 6.6266 mills, which results in an increase over the aggregate rolled-back rate of 4.76%.
Commr. Hill informed the Board that she did not have a problem with going forward with this year’s budget, because she knows that the County has sufficient funds in Reserves, however, noted that she has some concerns about the County using the funds in Reserves for reoccurring costs and for balancing the budget. She stated that she feels it is a bad business precedent for the County, noting that they have taken almost $1.5 million out of Reserves.
It was noted that the Board’s policy regarding Reserves is 10.5%, which is where the County currently is, but, ideally, the County should be around 12%.
Commr. Stivender suggested that the Board discuss the issue in more detail at their next retreat.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following Millage Resolutions:
Lake County General Fund Millage Resolution No. 2004-160A, adopting a final millage rate for Lake County for Fiscal Year 2005 of 5.8170 mills.
Lake County Municipal Service Taxing Unit (MSTU) for Ambulance and Emergency
Services Millage Resolution No. 2004-160B, adopting a final millage rate for the Lake County Municipal Services Taxing Unit for Ambulance and Emergency Medical Services for the unincorporated and incorporated area of Lake County for Fiscal Year 2005 at 0.5289 mills.
Lake County Stormwater Management MSTU Millage Resolution No. 2004-160C, adopting a final millage rate for the Stormwater Management Municipal Services Taxing Unit for the unincorporated area of Lake County for Fiscal Year 2005 at 0.5000 mills.
Commr. Cadwell stated that the amendments the Board made at the last public hearing have been included in the budget; therefore, the only item that was left on the table was the issue of funding for the LifeStream Behavioral Center. He stated that it seems like the budget has always been muddled by the transportation end of it and hoped that the Board could clarify that by budgeting mental health services in the County closer to a level where they should be and then, perhaps, transportation will no longer be an issue with the budget. He stated that he feels the County’s investment in Health Services will save it money in the long run, noting that he feels they have always underbudgeted that service.
Mr. Neron, County Manager, referred to a letter that had been distributed to the Board from Mr. Jon Cherry, President/CEO, Lifestream Behavioral Center, to Mr. Jeff Cooper, Support Services Director, dated September 10, 2004, where he was requesting $289,721.00 from the County, to cover losses in the FY 2004 budget, which were identified in the letter. He stated that the County budgeted $550,000.00 for LifeStream for FY 2004 and he did not know what Mr. Cherry would need over and above what was budgeted this fiscal year.
Mr. Cherry addressed the Board stating that LifeStream’s request to cover growth and inflation for last year was about $57,000.00 more than the previous year. He stated that he felt what the Board was addressing this date was the request for when LifeStream is no longer the transportation provider, noting that there will be a need to cover the infrastructure costs, which will go away with that contract. He stated that the estimated additional amount for that was $300,000.00, which would get LifeStream where they need to be, in relation to the funding from other counties for behavioral health care.
Mr. Neron stated that the amount in the budget for LifeStream is $594,000.00 for FY 2005 and he felt Mr. Cherry would be requesting $300,000.00 above that amount.
It was noted that the $594,000.00 is for mental health services only and is where the additional $300,000.00 is being requested, as well, in addition to the $289,721.00 one time request, which makes up for the losses last year in transportation.
Mr. Cherry informed the Board that there is a requirement in the law for a State/County match of 75%/25%, with the State putting in 75% and the County putting in 25%.
It was further noted that the vast majority of other counties take the funding out of General Revenue, or ad valorem taxes.
Commr. Pool stated that, if the funds are being pulled out of Reserves, or the General Fund, they are ad valorem tax dollars and he feels staff needs to figure out another funding source that would ensure, as the County moves forward, it is what the County can live with.
Mr. Cherry stated that LifeStream would like to work with staff in looking at that and determining if it makes sense for Lake County, at which time Commr. Pool stated that he would like for staff to give the Board some ideas about how other counties generate those dollars.
Mr. Neron stated that it was something staff could research and discuss at the Board’s next Financial Retreat.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson to amend the budget for the Lake County Transportation Disadvantaged and LifeStream Behavioral Center to include $589,721.00, in addition to what is currently budgeted, to be transferred from Reserves.
Under discussion, Commr. Cadwell noted that there needs to be a clear understanding that the County is increasing its contribution and that that portion will be ongoing, which is a bigger commitment to LifeStream than what there has been in the past, amounting to approximately $4 per individual.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Countywide Budget Resolution No. 2004-161, adopting a Final Budget for Lake County for Fiscal Year 2005, in the amount of $339,108,668.00.
Mr. Neron, County Manager, thanked Ms. Cindy Hall, Assistant County Manager; Ms. Regina Frazier, Budget Director; and all the staff and department directors for their hard work on the budget this year.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:30 p.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK