A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 2, 2004
The Lake County Board of County Commissioners met in a regular session on Tuesday, November 2, 2004, at 10:15 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; Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Stivender noted that the meeting was starting about an hour and ten minutes late, because the Canvassing Board had been meeting in the Board Chambers. She apologized for any inconvenience.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
Commr. Stivender recognized Senator Jim Glisson, Ms. Sheron Semento, Executive Director, Eustis Chamber of Commerce, Representative Carey Baker, and Senator Anna Cowin, who were present for the meeting.
PRESENTATION: LAND AND WATER CONSERVATION PROGRAM GRANT CHECK BY REPRESENTATIVE CAREY BAKER
Commr. Stivender stated that she would like to go ahead and move to the presentation of the Land and Water Conservation Program Grant Check by Representative Carey Baker and Senator Anna Cowin. She stated that this item pertains to Lake Idamere, and the Boundless Playground. She stated that their representative, Joey Heiligenthal, was here today, and he has done a wonderful job. Commr. Stivender requested that Commr. Hill join her for the presentation, because she has been very instrumental in the Boundless Playground effort.
Representative Baker stated that the $200,000 check from the Florida Department of Environmental Protection(FDEP) recognizes that Lake County is a great County and, in order to keep the quality of the community, it takes hard work and money.
Senator Cowin stated that this is a unique County, and she has not only faced the children and the adults in play and recreation, but also the people with special needs. She feels it is a real accomplishment of the County to receive this grant, to accommodate young people who really need a special kind of playground. Senator Cowin pointed out that this is their second check, and she was glad that Governor Jeb Bush was able to be here in March to recognize the accomplishments of the County. She presented the check to Commr. Stivender, on behalf of the citizens of the State of Florida.
Commr. Stivender explained that Lake County has been going through this process for quite some time. The Boundless Playground is for children of all ages who have some kind of handicap, or disability, and the Governor’s initiative was to put 50 of these in the State of Florida. She stated that Lake County will have the first public Boundless Playground, and it will be open to everyone in Lake County, and the surrounding areas. She noted that there is one Boundless Playground in Orange County, but it is a private one. She feels that the Board of County Commissioners, along with the representatives that are here today, have done a great thing. As a point of interest, Commr. Stivender announced that Representative Carey will soon be inducted as Senator.
Mr. Bill Neron, County Manager, noted that the Board has before them Addendum No. 1, which consists of one consent item, a presentation, and two reports under Commr. Stivender’s items.
Commr. Cadwell stated that, under his business, he would like to add a letter of support from the Board for the Astor/Astor Park Water Association for State funding, for Phase III of their sewer system.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add the item, as noted, under Commr. Cadwell’s business, which will require Board action.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 24, 2004, Regular Meeting, as presented.
Discussion occurred regarding the Minutes of September 14, 2004, Regular Meeting, with Commr. Hill wanting to clarify, on Page 21, Line 15, the first motion, which she stated was correct but, on Line 21, which read a motion by Cadwell, seconded by Hanson, and carried by a 4-1 vote, she stated that the Board approved to amend the proposed budget to include Item 2, Trout Lake Nature Center Building for $60,000 and funding would be coming from general fund revenues. She stated that there were two separate votes, and she wanted to make sure that the record reflects this vote.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 14, 2004, Regular Meeting, with the changes, as noted.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 21, 2004, Regular Meeting, as presented.
Discussion occurred regarding the Minutes of October 21, 2004, State of the County, with Commr. Stivender requesting a change, under closing remarks, as follows: change “faces” to “faced”; and for the Minutes to reflect her statement “that the County is not a mediocre County, that we are awesome, and we do a great job, and we want to continue to do that.”
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 21, 2004, State of the County, as amended.
CLERK’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:
List of Warrants
Request to approve the 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.
Bonds - Contractor
Approve contractor bonds, new, cancellations, riders, and reinstatements, as follows:
1200-05James D. Bass/Aquarian Plumbing Inc. (Plumbing)
4016-05Dennis M. Harney/Harney Aluminum Inc. Aluminum)
4366-05James A. Quarlres/Indivual (Residential)
5115-05Tom Duncan/Tom Duncan A/C Contractor, Inc. (HVAC)
5297-05Harry B. Bahner/Mott USA Inc. (Electrical Sign installer)
5387-05Donna Lee Mahnken/Main Line Electrical Contractors, Inc. (Electrical)
5479-05David Elmer Olds/D.E.O. Construction Services Inc. (General)
5626-05Jay O. Berry d.b.a. J. W. Berry Signs, Inc.
5637-05Ronald R. Howe/R. Howe, Inc. (Electrical)
5804-05Richard P. Randolph d.b.a. All Electric of Orlando, Inc. (Electrical)
6068-05Joseph H. Peterman/Live Wire Electrical Contracting, Inc.
6123-05Scott G. Russell d.b.a. Scott Russell Electric
6141-05 Michael Jones d.b.a. Greenblades of Central Florida, Inc. (Irrigation)
6173-04Brian King d.b.a. Native Pools of Lake Cty
6198-06Seminole Landscaping, Inc. (Landscape)
6209-05Robert Demott d.b.a. Master Electrical Services Inc.
6211-05Scott McNaught/Four Seasons Irrigation Inc. (Irrigation)
6212-05Clyde E. Hardin d.b.a. Hardco Electric of Central Florida, Inc.
6214-05William Oppelt, Sr.d.b.a. Bill’s Electric, Inc.
6215-05Brent Carel d.b.a. Champion Roofing & Contracting (Roofing)
4803-04United Electrical Contractors, Inc. (11/28/2004)
5894-03Herman Lowe (11/13/2004)
5937-03Ronald M. Newberg/Newberg Irrigation, Inc.
6002-04Thomas D. Kelley (10/15/2004)
4834-05Melvin Benn Masonry Inc. - amend bond number to OFL502729
5654-05Change name of principal from Debbie Vanier d.b.a. V Homes to Debbie Vanier d.b.a. V Homes, Inc.
5996-05Tom Richards d.b.a. Phoenix Landscape, Inc.
Change expiration date from 10/01/2005 to 10/01/2006
5996-05Thomas Richards d.b.a. Phoenix Landscape - Policy effective date: 10/01/2003
Monthly Distribution of Revenue
Request to acknowledge receipt - Monthly Distribution of Revenue, Traffic/Criminal Cases, for the Month Ending September 30, 2004 - Disbursements due to Board: $81,515.27. Same period last year: $168,762.24
Florida Public Service Commission/lake Utility Services, Inc.
Request to acknowledge receipt - Before the Florida Public Service Commission, In re: Application for amendment of Certificates 465-S and 496-W to extend water and wastewater service areas to include certain land in Lake County by Lake Utility Services, Inc., Docket No. 040371-WS, Order No. PSC-04-0966-FOF-WS, Issued October 5, 2004, Order Amending Certificate Nos. 465-S and 496-W To Include Additional Territory in Lake County, and Notice of Further Proceedings or Judicial Review.
Ordinances/town of Lady Lake
Request to acknowledge receipt of Ordinance Number 2004-11 - Amending Ordinance No. 82-3(96) (Chapter 7 of the Code of Ordinance Entitle “Health and Sanitation”, passed and ordained by the Town of Commission for the Town of Lady Lake, the 8th day of September, 2004; and Ordinance No. 2004-12 - Amending the Code of Ordinance by Creating “Chapter 20 - Community Preservation”, passed and ordained by the Town of Commission for the Town of Lady Lake, the 8th day of September, 2004.
Budget/southwest Florida Water Management District
Request to acknowledge receipt of the Southwest Florida Water Management District - Budget in Brief - Fiscal Year 2005 Annual Service Budget.
Satisfaction and Release of Fine
Request to approve and authorize signatures on Satisfaction and Release of Fine, which fully releases and discharges United Petroleum, Inc. and T. D. McRae from Order of Fine, in the amount of $500.00 dates September 15, 2004. (Order of Fine never recorded.)
Satisfaction and Release of Fine
Request to approve and authorize signatures on Satisfaction and Release of Fine, which fully releases and discharges Mexland Corporation from Order of Fine, in the amount of $500.00 dated September 15, 2004. (Order of Fine never recorded.)
Agenda/southwest Florida Water Management District
Request to acknowledge receipt of the Meeting Notice from the Southwest Florida Water Management District - Agenda for Governing Board Meeting scheduled for October 26-27, 2004, at 9:00 a.m., at the Brooksville headquarters, 2379 Broad Street, Brooksville, Florida 34604-6899; and a set of approved Minutes from the Governing Board Meeting that was held on August 24, 2004, in Sarasota, Florida.
St. Johns River Water Management District
Florida Forever Work Plan Annual Update
Request to acknowledge receipt of the St. Johns River Water Management District Fiscal Year 2004-2005 Florida Forever Work Plan Annual Update which was completed on September 22, 2004, and approved by the Governing Board on October 12, 2004.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill requested that Tab 6 regarding the maintenance agreement with Honeywell Building Solutions be pulled for discussion, after the employee awards.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 14, pulling Tab 6 for discussion; and approved the consent item on Addendum No. 1, as follows:
Budget Transfer/Clay-to-Pave Improvements/Road Operations
Request from Budget for a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division, in the amount of $46,914.00 is requested. Transfer $46,914.00 from Machinery & Equipment to Roads. Additional costs were accrued on the clay-to-pave improvements made in fiscal year 2004. Funds available in Machinery & Equipment.
Budget Transfer/Unanticipated Revenue/FEMA & State Assistance/Hurricane Jeanne
Request from Budget for approval of Resolution to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2003-2004 in the amount of $95,000.00 deposited into FEMA & State Assistance for Hurricane Jeanne and provide appropriations for the disbursement for Hurricane Jeanne Expenses.
Community Development Block Grant Agreement
Request from Community Services for approval to accept the Fiscal Year 2004-2005 Community Development Block Grant (CDBG) Grant Agreement; authorize the Chairman to sign it (three copies) and direct the Department of Community Services to implement the programs covered under the Agreement.
Amendment to Scope of Services/GPS Maintenance Surveying Road Signs
Request from Procurement Services for approval and authorization to execute an Amendment to the Scope of Services to RFP Number 02-071 for GPS Maintenance Surveying Road Signs.
Award Contract/Ring Power, Inc.
Request from Procurement Services for approval to award the contract for 60-month operating lease for one Bulldozer to Ring Power, Inc. in accordance with RFP 04-095.
Disposal List of Surplus Items
Request from Procurement Services for approval to declare the items on the attached "Disposal" list surplus to County needs and authorize disposal as described; accept the attached Missing Item Investigation Reports and authorize the removal of the items from the County's official fixed asset inventory system; and authorize the Procurement Services Director to sign the vehicle titles.
Lake Sumter EMS/Additional Position/Budget Transfer
Request from Public Safety for approval to purchase an additional Vesta 911 position for Lake Sumter EMS from Lake County Reserve Funds in the 911 Fund (124) and approval of the related budget transfer in the amount of $47,928.00.
Purchase Agreement/Scott/Dewey Robbins Road Paving Project
Request from Public Works for approval and execution of a Purchase Agreement with David C. Scott and wife, Margaret A. Scott for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the South Dewey Robbins Road Paving Project (Number 2625) located in the Howey-in-the-Hills area.
Purchase Agreement/Arborio/David Walker Drive/Mt. Homer Road
Request from Public Works for approval and execution of a Purchase Agreement with Joseph C. Arborio for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the David Walker Drive (Number 4756)/Mt. Homer Road (Number 4956) Intersection Project, located in the Eustis/Tavares area.
Maintenance Map/Max Hooks Road
Request from Public Works for approval to accept a Maintenance Map for Max Hooks Road – Number 1429 – Commissioner Districts 2/3.
Public Right-of-Way Deeds/Roadway and Stormwater Projects
Request from Public Works for approval to accept the following listed public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects: six Statutory Quitclaim Deeds; four Statutory Warranty Deeds; one Temporary Ingress and Egress, Drainage and Maintenance Easement; one Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement.
Statutory Quitclaim Deed
Cole, Debra; Wright, James A.; Wright, Jeffrey H.;, Wright, Christopher J. And Wright, Jonathan D., Thoroughbred Trail, OR 2646/PG 2173, Hilltop S/A
Beach, II, Joseph Ross, Thoroughbred Trail, OR 2646/PG 0043, Hilltop S/A
Reed, Audrey S., as Trustee of the Audrey S. Reed Family Trust dated June 24, 2999, n. Buckhill Rd., RD# 2739, OR 2662/PG 1784, Clay to Pave
Reed, Richard S., as Trustee of the Richard S. Reed Family Trust dated March 1, 2000 & Reed & Co., a Dissolved Proprietorship, N. Buckhill Rd., RD# 2739, OR 2662/PG 1777, Clay to Pave
Jones, Joan A., Shetland Trail, OR 2646/PG 2169, Hilltop S/A
Cianciola, Frank and Cianciola, Esther L., Thoroughbred Trail, OR 2634/PG 0728, Hilltop S/A
Statutory Warranty Deed
Minich, Steve and McLaughlin, Lorna L., Grays Airport Rd., RD# 7310, OR 2656/PG 0093, Road Project
Grimes, Larry A. And Grimes, Harriette W., CR 455, RD# 2354, OR 2643/PG 2300, S. Lake Trail Project
Milestone Development, L.L.C., A Florida Limited Liability Company, C-561, RD# 3047, OR 2665/PG 1961, Site Plan
Evans, Tony Ray, Edwards Rd., RD# 7009, OR 2662/PG 1780, Clay to Pave
Temporary Ingress and Egress, Drainage and Maintenance Easement
GINN-LA Pine Island, Ltd., LLLP, C-455, RD# 2354, OR 2658/PG 1660, Temporary Road
Temporary Non-Exclusive Construction Easement Deed and Perpetual Grading Easement
Grimes, Larry A. And Grimes, Harriette W., CR 455, RD# 2354, OR 2643/PG 2296, S. Lake Trail Project
Bids/SR-19 Landscaping & Irrigation Local Agency Program/FDOT/Agreement
Request from Public Works for approval and authorization to advertise for bids for SR-19 Landscaping & Irrigation Local Agency Program (LAP) Project Number 2004-14 at an estimated cost of $174,981.00 that is to be funded by the Florida Department of Transportation through a LAP Agreement.
ADDENDUM NO. 1 -
UNMET NEEDS COMMITTEE/APPOINTMENTS/DISTRIBUTION PLAN
Request from Community Services for approval of appointment of members to the Lake County Unmet Needs Committee and approval of the Distribution Plan, as follows: John Provance - United Way of Lake & Sumter Counties, Inc.; Jay Walsh - Men’s Residence Christian Care Center; Sandy Bagley - Salvation Army; Issac Deas - representing the faith based community; and Jenny Ledward - American Red Cross.
Commr. Stivender stated that she would like to move to the presentation of the award to the Retiring Employee after Fifteen Years, Seven Months, Ms. Sarah R. LaMarche, Program Analyst & Contract Management Director, Program Analyst & Contract Management.
Ms. Cindy Hall, Assistant County Manager, presented information evolving around Ms. LaMarche’s tenure with the County, which included humorous anecdotes that she was able to get from her colleagues. She stated that Ms. LaMarche began her career with Lake County on March 20, 1989, as an accountant in the Finance Office. She also served as the County’s Budget Director and retires from the Department of Program Analysis and Contracts Management as Director.
Ms. LaMarche commented that she has worked with the most amazing Commissioners and staff through the years, and she will keep up with some as best friends for the rest of her life.
Commr. Cadwell extended his appreciation to Ms. Lamarche for her service to the County over the years.
At this time, Ms. Hall continued with the recognition of employees, as Commr. Stivender presented the awards.
Presentation of Award to Employees with Five Years of Service
Ronald Foley, Firefighter/EMT, Public Safety/Fire & Rescue
Jacquelyn L. Friermood, Firefighter/EMT, Public Safety/Fire & Rescue
Joshua J. Craine, Firefighter/EMT, Public Safety/Fire & Rescue (not present)
Clifton "Ed" Couey, Facilities Director, Public Works/Capital Projects
Kristopher G. Bush, Firefighter/EMT, Public Safety/Fire & Rescue
Jeremy A. Hendrix, Firefighter/EMT, Public Safety/Fire & Rescue
Kathy L. Miller, Firefighter/Paramedic, Public Safety/Fire & Rescue
Jeremy C. Searcy, Firefighter/EMT, Public Safety/Fire & Rescue
Lavonia P. Drayton, Day Custodian, Public Works/Capital Projects/Facility Maintenance/Building Maintenance
Rose Mary Lane, Day Custodian, Public Works/Capital Projects/Facility Maintenance/Building Maintenance
Paul L. Proctor, Senior CAD Technician, Public Works/Engineering/ Survey/Design
Presentation of Award to Employee with Ten Years of Service
Carol E. Boyle, Senior Assessment Specialist, Budget/Assessments
Presentation of Award to Employees with Fifteen Years of Service
Quinnette S. Durkin, Legal Office Manager, County Attorney’ Office (not present)
Robert H. Romine, Equipment Operator III, Public Works/Road Operations/Maintenance Area III
Presentation of Award to Employee with Twenty Years of Service
Melanie H. Hicks, Community Development Coordinator, Community Services/Housing & Community Development/Affordable Housing
Presentation of Award to Employee with Twenty Five Years of Service
Deborah J. Butterworth, Equipment Operator III, Public Works/Road Operations/Maintenance Area I
Presentation of Award to Retiring Employee after Thirteen Years
Edwin O. Kern, Equipment Operator III, Public Works/Road Operations/Maintenance Area I (not present)
Presentation of Work Group Recognition Award to Employees from the Department of Public Works, Fleet Maintenance
Presentation of Award for Employee of the Quarter
Rosalee D. Jackson, Permitting Specialist, Growth Management/Building Services
PRESENTATION: PROCLAMATION/EPILEPSY AWARENESS MONTH
Commr. Stivender asked Mr. Jim Lyons to come forward to receive Proclamation 2004-168 Proclaiming the Month of November 2004 as Epilepsy Awareness Month in Lake County, which she read at this time.
Mr. Jim Lyons, Regional Director of the Epilepsy Association of Central Florida, extended his appreciation to the Board for issuing the Proclamation and stated that they cover 20 counties in this area, and more than 50,000 people in those counties are affected by epilepsy. He stated that, even though they do not give service to all of those, they do reach out to as many of them as they can through two distinct programs, as he explained. On behalf of all of those people, Mr. Lyons thanked the Board again for the Proclamation.
ANNUAL MAINTENANCE AGREEMENT/HONEYWELL BUILDING SOLUTIONS
Commr. Hill addressed Tab 6, Honeywell Building Solutions (Honeywell), which she had asked the Board to pull for discussion, and stated that this item was initiated about seven years ago. She thought that it might be time for the Board to put the maintenance agreement out, not for a proposal, or RFP, but a hard bid, to look at the numbers, because there may be some room for improvement. As far as the year to year renewal of the agreement, she did not feel it was an inconvenience to bring it back to the Board for renewal and approval each year, so that they could see how this was progressing.
Mr. Jim Stivender, Director of Public Works, addressed the Board and explained that the contract dates back further than 1997 with Honeywell. Mr. Stivender explained that Honeywell designed the whole computer system and, unless they put in an entire new capital system, they would not consider making a change, but staff will reassess it as part of the upgrade of the facilities.
Commr. Hill stated that she is comfortable with the request, except for the caveat of it not coming back to the Board from year to year, because this is actually another five year renewal, with a year to year review.
On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Procurement Services to award the renewal of annual maintenance agreement with Honeywell Building Solutions in the amount of $25,819.00 for Building Management Support Services on the Honeywell Automated HVAC system for the Government Complex; and authorized the County Manager to award the renewals each year hereafter.
ADDENDUM NO. 1 -
PRESENTATION: MARTIN LUTHER KING, JR. COMMEMORATION EVENTS
Mr. Albert Lee Fogle, retiree from the State Department of Corrections, Bureau of Staff Development and Training, addressed the Board and stated that he is a member-at-large of the Martin Luther King, Jr. Celebration Committee (Celebration Committee), and it is in this capacity that he stands before them this morning. Mr. Fogle stated that, in the past years, they have always invited the Board, by letter, to participate in their annual celebration. This year they are making a personal appeal. He stated that, over the past several years, Commr. Hanson has represented the Board with her presence, and her active participation in the program, and they would like to thank her again for her participation. Over the last two years, they have gained Lake Sumter Community College as a partner, which has carried the celebration to another level, and it is the dream of the Celebration Committee to reach the ultimate level, to find a vehicle to embrace all of Lake County, and they need help from all of the elected officials. His presentation today is the first step in the process. Mr. Fogle stated that their program for January, 2005, is almost finished and completed but, by the beginning of the second quarter of 2005, it is their hope to have the elected officials actively participating in the planning and implementation of the program, and to develop a five year cycle, as he explained.
In their discussion, it was noted that most of the Commissioners attend a breakfast, as part of the program, and they approve a Resolution each year honoring Martin Luther King, Jr. and, in the past, Commr. Hanson has sat as a member on the Celebration Committee.
After further discussion, Commr. Stivender, along with the other Board members, volunteered to help in any way possible with the event, to be part of the program, and to serve on the Celebration Committee.
Mr. Fogle noted that he will be going to the School Board, the Constitutional Officers, and the cities, in hopes of going to the next level to have a greater participation by elected officials in future events.
CITIZEN QUESTION AND COMMENT PERIOD
Roy Hunter/Fire Station Update/EMS/Election Day
Mr. Roy Hunter stated that he first wanted to extend his appreciation to the Board for their prayers. His son, Larry, had a massive heart attack and was recovering at home.
Mr. Hunter inquired about the fire station update that was to be presented to the Board, and Mr. Bill Neron, County Manager, informed him that this item is scheduled for the November 16, 2004 meeting. Mr. Hunter stated that he would like to thank Commr. Cadwell, and the rest of the Board members, and to say that, under Commr. Cadwell’s leadership as Chairman of the EMS Committee and, with Mr. Jim Judge, as Director, they have a great EMS service.
As his last item, Mr. Hunter urged everyone to get out and vote today.
FLOODING/LAKE MACK AREA
Mr. Travis Whigham, Forest Hills Association, addressed the Board and stated that they still problems with flooding in the Lake Mack area. There are still three people trying to get back into their homes, because they still have flood waters on their property. He explained that their insurance companies and FEMA cannot assist them with repairs, until all of the flood waters are gone. Mr. Whigham stated that, as long as the water has been sitting in this area, he feels it would be a major danger to pump it into Lake Mack. He questioned whether there was any way to get pumps into this area and bypass Lake Mack, and to pump this water into the fields on CR 42. In talking with his neighbors, they have determined that there has never been any flood waters here in over 37 years, until these past three years, and he thinks it has a lot to do with development in the area including Royal Trails. Mr. Whigham had aerial photographs of the Royal Trails area where some of the development is taking place on one acre tracts, and he requested help from anyone who could fix the problems. He also asked that consideration be given to the idea for retention ponds. He presented the copies of the photographs noting that Redlands Drive is being clayed at this time and, according to his aerial photograph, a great portion of it is wetlands. He was asked to give Mr. Jim Stivender, Director of Public Works, the name of the streets, so that staff can access the need for pumping in this area.
Mr. Stivender addressed the hydrology in east Lake County and stated that this has been an unprecedented year, and this is the first time the County has had three years of above average rainfall, since 1958-1960. The County still has pumps set up at Lake Mack, but they have not done any pumping, because they are trying to get the water down and flowing out from there. Because of the water condition, as explained by Mr. Whigham, staff has not gotten any direction to pump anything but, based on the conversation today, staff will evaluate the immediate needs. There is a large canal that runs along the west side of the entire Royal Trails area, and all of that flows into Lake Tracy, which flows several different directions through other canals. About three weeks ago, staff put a piece of equipment through there and cleaned it out, so the water is flowing in that area. Most of it is sheer saturation, from 15 to 17 inches of rain in one month.
Mr. Whigham stated that he had previously discussed with the Board the possibility of using one piece of property as a retention pond in this area. He stated that, if the County had bought it prior to the storms, these other homes would not have been flooded. He wanted to stress that this flooding situation is taking a toll on a lot of families in this area, and they need immediate help.
Rather than putting infrastructure in place, Mr. Stivender stated that they did discuss the idea of actually acquiring these properties and preserving them as wetlands, and this is one of the directions that he will be talking about with the Board.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PURCHASE AGREEMENTS/EMINENT DOMAIN
HILLTOP SPECIAL ASSESSMENT/SORRENTO AREA
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request to approve four purchase agreements for land and authorization of litigation for Eminent Domain on two right-of-way parcels. Mr. Stivender noted that this will complete the acquisition of rights-of-way for this special assessment.
Mr. Sandy Minkoff, County Attorney, explained that these are roads that are there, but they are not dedicated to the public, so they are actually taking 33 feet from the centerline of the road. Mr. Minkoff explained that some of the appraisals were higher because they included the cost for moving a fence and/or costs of a fence. He stated that Mr. Smith has made offers to the County, but they were much higher than any of the appraisals, so staff would like to go ahead and have the price determined judicially.
Commr. Hanson stated that the folks in this community have worked very hard for many years to get the roads paved in this area, and Palomino Trail has been paved through a special assessment, so this will connect Shetland Trail, Appaloosa Trail, and Thoroughbred Trail. There are a few individuals holding out, so she supports moving forward with this request.
Mr. Minkoff stated that the Board has directed staff to go forward with this final step, and they are still hoping for a February construction date, because staff is going to be bidding the project at the same time they are going through the Eminent Domain process.
Commr. Cadwell questioned whether the funds for the rights-of-way are included in the project costs for the special assessments, and Mr. Minkoff explained that staff will have to bring that back to the Board, and they will have to make that decision at the time they do the special assessments. It was noted that it will come out of the gas tax, unless it is assessed.
Ms. Betty Ann Christian stated that she has lived in this area for 36 years, in the mud, dirt and sand, and they are really anxious for this to come forward to the Board. Ms. Christian stated that they are concerned that the last two hold outs will be detrimental to the project.
Commr. Hanson explained that the Board will not be dealing with the costs today, but they are moving forward with the Eminent Domain on the two right-of-way parcels and approving the four purchase agreements. Staff will be making recommendations to the Board for funding options.
Mr. Minkoff explained that, with the Eminent Domain, staff will begin the lawsuit, and they will have a quick take hearing where the court determines that the County can take the right-of-way. They are hopeful that they will have the road right-of-way by the end of January. At the same time, the construction plans are going to be ready for bid.
Ms. Christian explained that there are so many holes on Shetland Trail that, when it rains, they have difficulty getting in and out of their homes, and they are so low that they cannot get onto CR 437, and Mr. Stivender pointed out that, once they get this right-of-way, staff will address these concerns before and during construction.
It was Commr. Hanson’s opinion that the Board has made a commitment to move forward on this and, even though they have not had the public hearing, she wanted to know if they could go ahead and make some improvements, at least at the intersection. Based on the discussion, Mr. Stivender felt that staff can take a look at it.
It was noted that Mr. Travis Whigham had some questions regarding this issue, and Commr. Stivender directed him to meet with Mr. Stivender after the meeting.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of four Purchase Agreements (T. Rollins, P. Rollins, Paul & Vaughan) and authorized the litigation for Eminent Domain on two right of way parcels (Smith & Edmondson) in conjunction with the Hilltop Special Assessment (S/A) Project located in the Sorrento area.
OTHER BUSINESS -
RESOLUTIONS/AFFORDABLE HOUSING ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2004-182 appointing members to the Affordable Housing Advisory Committee, as follows: Reappointments - Mark Neese, Mike Cox, Robert Spector, Carl Ludecke; and appointment of Henryka Presinzano, representative of the Lake County League of Cities.
CITIZENS’ COMMISSION FOR CHILDREN/APPOINTMENTS
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of the following individual to a vacant position on the Citizen's Commission for Children: Marva Turner.
IMPACT FEE COMMITTEE/APPOINTMENTS
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of the following individual to the vacant citizen-at-large position on the Lake County Impact Fee Committee: Sue Tucker.
Commr. Stivender asked Commr. Cadwell to advertise, at the Industrial Development Authority (IDA) meeting, the need for an industrial community representative.
Commr. Hill clarified that they would like the IDA to recommend someone to the Impact Fee Committee, so it would still go through the IDA, but it does not have to be an IDA member.
RESOLUTIONS/TOURIST DEVELOPMENT COUNCIL/APPOINTMENTS
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the request for approval and execution of Resolution 2004-183 appointing five individuals to vacant positions on the Tourist Development Council (TDC) for four-year terms beginning December 1, 2004, as follows - Reappointment: Charles Kelsey, Ann Dupee, and Robert Zahradnik; and New Appointments: Vic Donahey and Nancy Howell.
Under discussion, Commr. Hanson noted that Mr. Zahradnik has served on the TDC since 1989.
Commr. Stivender called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COUNTY ATTORNEY
COUNTY SURPLUS PROPERTY
Mr. Sandy Minkoff, County Attorney, explained the request to declare certain County owned property as surplus noting that he has a couple of changes to the request. Mr. Minkoff stated that staff has now completed the inventory of all of the County owned property, and there is a layer on the GIS system where you can now go to County owned property and look at it by types, or department, or alternate key numbers, and they are moving as quickly as they can to dispose of those that are not needed by any County department, as the three parcels noted.
Mr. Minkoff explained that Public Works has sent a request to staff and asked that Alternate Key Number 1208947 located at 26950 Yalaha Road in Yalaha acquired through a code enforcement foreclosure in July 2000 not be declared surplus, and that it be assigned to them to use for a stormwater area. Staff is requesting that this parcel be withdrawn.
Mr. Minkoff stated that, in regards to Alternate Key Number 1717698 located at 820 Getford Court in Eustis acquired through a code enforcement foreclosure in 2003, staff received a letter yesterday from Mr. Mike Stearman, City Manager, City of Eustis, requesting that this property be transferred to the City, and they will clean up the property and demolish the structure. Staff is recommending that the property be transferred to the City of Eustis rather than be sold. Mr. Minkoff noted that the property was assessed for tax purposes at about $7,500.
Mr. Frank Royce, as City Commissioner, addressed the Board and stated that the City is not clear on the intent for the property, but there is a need in the area for some stormwater retention, or perhaps some kind of affordable housing.
Mr. Minkoff requested that the property, as noted, be declared as surplus and that the Board authorize transfer to the City of Eustis. He stated that staff is also requesting that the Board authorize sale by bid on Alternate Key Number 1587930 abutting Highway 33 just South of Laws Road near Greengrove Estates.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to withdraw Alternate key #1208947 (as described), to go to Public Works; approved to declare Alternate Key #1717698 (as described) as surplus and authorized transfer to the City of Eustis; and authorized sale by bid of Alternate Key #1587930 (as described).
SATISFACTION AND RELEASE OF FINE/CODE ENFORCEMENT
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Settlement Agreement and Satisfaction and Release of Fine for Code Enforcement Board Case Number 2001-03-0177, Lake County vs. Robinson, Circuit Court Case Number 2004-CA-1840.
ADDENDUM NO. 1 -
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3
PROCLAMATION/BUILDER OF THE YEAR
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Proclamation 2004-184 honoring George Hansford who was named the Florida Home Builders Association 2004 Builder of the Year.
LAKE COUNTY SCHOOL BOARD
Commr. Stivender stated that all of the Board members received copies of letters from the Lake County School Board (School Board) dated October 26, 2004 requesting that this Board make a determination on the school impact fees. She is going to have Commr. Hill, as liaison to the Impact Fee Committee, address this issue. The School Board has also requested that this Board be at a town meeting, at the South Lake High School, at 6 p.m., Thursday, November 4, 2004. Commr. Stivender stated that she has brought these items to the Board for discussion and direction.
Commr. Cadwell pointed out that it was clear that the School Board wants the people to explain how upset they are about redistricting. He sees no benefit from this Board attending that meeting, when redistricting is a School Board responsibility. He stated that this Board needs to sit down with the School Board and work through all of the problems they have previously discussed and address the whole issue, because they all believe there is a problem. He did not have any problem with them scheduling a joint meeting between the two boards, but he was opposed to them being a part of this discussion (on redistricting), which is out of their jurisdiction.
At this time, Commr. Hill concurred with Commr. Cadwell’s comments.
Commr. Hanson stated that there are many other areas in the State that have experienced tremendous growth over the past few years, and they have found resolution on how to deal with it. She stated that Broward County was one of them, and they need to be sitting down and talking about finding a solution to this problem.
Commr. Cadwell explained that, over the years, this Board has tried to correct problems, as opposed to pointing a finger, and he wants to work with the School Board and find a solution, but exposing themselves to such a meeting is not going to benefit anybody, unless someone does not believe there is overcrowding in schools.
After some discussion, Commr. Stivender noted that it was the consensus of the Board that the redistricting of schools in the South Lake community is not in this Board’s jurisdiction, and this Board will be glad to have a joint meeting to discuss the whole issue. She will send a letter back to that effect.
Commr. Hill wanted to clarify that the Impact Fee Evaluation and Review Committee met on October 20, 2004 and, as requested, they are waiting on the legal opinion. The Committee took no official action, but they have requested more information in regards to four different options that could be brought forward. Their next meeting is scheduled for November 18, 2004, and they hope that the attorney will have an opinion back to them by that time. Then the Committee will send a recommendation to the Board. Commr. Hill felt that the Board could get the decision of the Committee, as a Board item, after November 18, 2004, and it will still fall into the School Board’s asking for the first of December.
Commr. Stivender noted that she will send a letter to Superintendent Pam Saylor reflecting the comments presented by Commr. Hill.
The Board discussed scheduling a joint meeting with the School Board, with it being noted that staff will look at the second week of December and come back to the Board with a date and time.
Mr. Sandy Minkoff, County Attorney, stated that staff has talked to outside counsel about trying to accommodate the Impact Fee Committee’s meeting, so they are hopeful of having a report to them by November 18, 2004.
Commr. Cadwell wanted to clarify that the Board has agreed to the “gap” funding, when they have addressed rezoning cases, and Mr. Minkoff explained that they have placed that interim funding in most everything over the last three or four months, at the request of the School Board.
Commr. Stivender informed the Board that Ed and Jack Holder’s mother passed away, and she asked that the Board members keep the family in their prayers. She noted that Ms. Holder had the first restaurant in town.
Commr. Stivender informed the Board that Mr. Sandy Minkoff’s overall rating came out to 4.52, which is higher than it was last year and, as Chairman, she is recommending a 4% raise increase. She normally does not recommend over 3% but, with the additional efforts and time and care for the County that he put into the Covanta project, she feels he is deserving of the 4% increase.
Commr. Cadwell questioned whether Commr. Stivender had discussed the evaluation, or her recommendation, with Mr. Minkoff, and it was noted that she had not.
Commr. Hill stated that, as a person who gave him straight “5s”, she sincerely could not find one thing that he did not do on an excellent manner, and that included Covanta, but also his staffing was excellent this past year in helping resolve a lot of issues. She felt that they had done an excellent job, and she wanted to commend him for his staffing.
Commr. Hill made a motion, which was seconded by Commr. Hanson, to approve the County Attorney’s evaluation, and a 4% raise increase.
Under discussion, Commr. Hanson stated that she only had two “4s”, but Mr. Minkoff does an outstanding job including working through the election process.
Commr. Cadwell stated that, in the way Mr. Minkoff conducts himself business wise, the Board knows that they are never going to regret it, or be going across the street to the courts. He appreciates the job done by Mr. Minkoff, and he has hired some great people to work with him, and they have done a great job.
Commr. Stivender stated that, as Chairman, she really appreciates Mr. Minkoff always keeping her apprised of everything and getting in touch with her, and for always giving her the best advise.
Commr. Stivender called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
Commr. Hanson stated that the Board seemed to have some interest in the blueways and promoting that for Lake County, and she would like to have some sort of presentation by staff to the Board.
Mr. Bill Neron, County Manager, stated that he talked with staff last week and, to do an official blueways, it has to go through the Florida Fish and Wildlife Conservation Commission and meet certain standards. Staff has sent him a draft memorandum, and they will be ready for a full presentation to the Board, in about three or four weeks, on the whole program.
Commr. Cadwell felt that Manatee County would be a great resource to use, and Commr. Hanson felt that, because Mr. John Osborne, Principal Planner, Manatee County, had made a presentation on blueways at the “Open Space” seminar, it was a good suggestion to perhaps have him as part of the Board’s presentation.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
ASTOR/ASTOR PARK PHASE III
Commr. Cadwell had added to the agenda the item pertaining to the Astor/Astor Park issue. He stated that, in the past, the Board has added this item to their legislative agenda, to support the sewer extension project in Astor/Astor Park. It would be the same wording that has been used in the past to help them receive some State funding. They are at the point where they cannot do it without grant type monies, because of some of those stretches that run out to Blue Creek and, over the years, the Board has become somewhat of a partner in their efforts.
Commr Cadwell made a motion for the Board to include the Astor/Astor Park Phase III sewer extension project in their legislative packet.
Under discussion, Commr. Cadwell stated that representatives from Astor/Astor Park will be at the legislative delegation meeting, but he also told them that they would speak in support of it, if the Board approved this item today, with a letter to their delegation adding the Astor/Astor Park Phase III project.
It was suggested that Commr. Cadwell provide up-to-date information to Representative Carey Baker and Senator Paula Dockery.
Commr. Stivender called for a vote on the motion, which was carried unanimously by a 5-0 vote.
It was noted that Commr. Cadwell will provide the appropriate language to Ms. Cindy Hall, Assistant County Manager, to reflect the action taken by the Board.
REPORTS - COMMISSIONER POOL - DISTRICT #2
Commr. Pool reported that he was unable to attend Major Claude Gnann’s retirement party, but he wanted to recognize him and thank him for his years of service to the County, and Commr. Stivender wanted everyone to know that he and his family have done a lot for Lake County over the years.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3
Commr. Stivender thanked the Board members for being part of the Canvassing Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:48 a.m.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK