A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 7, 2004
The Lake County Board of County Commissioners met in a regular session on Tuesday, December 7, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
ELECTION OF OFFICERS
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board elected Commr. Jennifer Hill to serve as Chairman of the Board.
Commr. Stivender passed the gavel to the new Chairman, Commr. Hill, who thanked the Board for this great honor, and for their confidence in her to serve in this capacity.
Commr. Hill called for nominations for Vice Chairman.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board elected Commr. Hanson as Vice Chairman of the Board.
Commr. Hanson extended her thanks to Commr. Stivender for the outstanding job she did while serving the County the previous year, and to the Board for electing her has Vice Chairman.
Commr. Stivender stated that she learned a lot by watching all of the other Commissioners serve in the capacity of Chairman over the years. She has lived in Lake County and worked here for years, and she feels that they have all done an excellent job.
Commr. Hill recognized Mr. Bob McKee, Tax Collector; Mr. Ed Havill, Property Appraiser, and Mr. Frank Royce, City Commissioner of Eustis and Chief Deputy, Property Appraiser’s Office, who were present in the audience.
Commr. Cadwell stated that this is the last meeting that they will have Ms. Monica Scott from “The Orlando Sentinel” covering their meetings. She is leaving and going north to the Chicago area, and he wanted her to know that she has done a great job for the paper.
Mr. Bill Neron, County Manager, stated that the Board has Addendum No. 1 with two consent items, and two discussion items. He would like to add the approval of a Resolution to Tab 6 regarding the Multi-Family Housing Revenue Bonds. He would also like to discuss, under his business, the December 14, 2004 Board meeting, and to add item 169A to Tab 69, a Resolution relating to funding for Juvenile Detention, to be added to the 2005 Legislative Package.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the request to include Item 169A to Tab 69, as noted.
Mr. Sandy Minkoff, County Attorney, wanted to bring up under his business a discussion to use their outside counsel, Nabors, Giblen & Nickerson, during this legislative season, which would not require Board action.
Mr. Jim Stivender, Director of Public Works, informed the Board that staff received a letter yesterday to withdraw Tab 62, Road Vacation Petition Number 1033, Merritt/Baptist Church of Okahumpka.
Commr. Stivender made a motion, which was seconded by Commr. Pool, to approve the request to with Tab 62, Road Vacation Petition Number 1033, Merritt/Baptist Church of Okahumpka.
Under discussion, Commr. Hill noted that this was listed on the agenda as a public hearing and, at this time, she called for public comment on the motion to withdraw the petition. There being none, the public hearing portion of the meeting was closed. Staff noted that they made some phone calls yesterday afternoon regarding the request for withdrawal.
Commr. Hill called for a vote on the motion to approve the request to withdraw Tab 62, as noted, which was approved unanimously by a 5-0 vote.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 19, 2004, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 2, 2004, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 9, 2004, Board Retreat, as presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 10, 2004, Leadership Lake County - Government/History Day, as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 12, as follows:
List of Warrants
Request to acknowledge receipt of 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.
Request to approve Contractor Bonds, new, cancellations, riders, and reinstatements, as follows:
449-05 Randy L. Crouch and Jack W. Eichenberg d.b.a. Pools By Jack, Inc.
4119-04 Gregory Hurst (Aluminum Siding)
5087-05 Paul A. Corp/Tender Plumbing Care, Inc. (Plumbing)
5095-05 James Williams d.b.a. Williams Sales & Service Inc.
5892-05 William N. Shaffer/Shaffer Electrical Contracting, Inc. (Electrical)
6223-05 John R. Emrich d.b.a. Reroof America
1550-02 James E. Moulton
1613-03 John Brunson d.b.a. Brunson Electric, Inc.
1865-03 Lance Dotson
4480-04 Roger Facemire
4682-01 Bruce Chivers/Better Built Aluminum & Construction
5059-01 James L. Nussbaumer
5344-01 Stephen M. Farmer d.b.a. Baybrook Homes, Inc.
5467-05 David Sharp Electric, Inc.
5545-04 David Harper d.b.a. Harper Electric
5597-02 AFM Systems/James Elliott
5608-04 John W. Scharnhorst, Jr.
5613-04 William B. Lilly d.b.a. Cool Air Conditioning/Refrigeration
5685-04 Edward Mueller d.b.a. Pike General Contracting
5804-05 Richard P. Randolph d.b.a. All Electric of Orlando, Inc.
5822-04 Heladio A. Trujillo/Ayala Elec.
5826-04 Mark Ohlemeier d.b.a. Bartow Electric
5881-03 Claudio F. Garalde, Jr. d.b.a. All Phases Electrical Contracting, Inc.
5956-04 Shallmar Gardens of Eustis Inc.
5960-04 Wendell D. Nichols d.b.a. Nichols Nursery/Landscape
5970-04 Paul Bonadonna d.b.a. Central Florida Landscaping & Maintenance, Inc.
5975-04 William Wintersdorf d.b.a. Lake Lawn & Landscape
5976-04 Edward McManus d.b.a. Sunshine Lawn Service
5978-04 Dennis Bronson d.b.a. Bronson’s Lawn Care
5980-03 Ground Effects, Inc.
5988-03 *Rodolfo Vera (Landscaping) (Cancellation effective 11/12/2004)
5988-03 *Rodolfo Vera (Landscaping) (Reinstatement effective 10/01/2004)
6000-04 *Joseph D. Fannin, Jr. (Cancellation effective 11/12/2004)
6000-04 *Joseph D. Fannin, Jr. (Reinstatement effective 10/01/2004)
6006-04 Vincent Essing d.b.a. Southern Skies Prefab, Inc.
6041-04 Sean R. Adair d.b.a. Par Excellence Services
6046-04 Charles McNutt d.b.a. CIC Electric
6051-05 William R. Gamble, IV
6090-04 Chris Herod d.b.a. Herod Pool Contracting Inc.
6094-04 Dewey Crigger d.b.a. Bonham Enterprises, Inc.
6097-04 JBD Builders, Inc.
6104-04 Soloman Harry d.b.a. Plumbing Angels
6141-04 Michael W. Jones d.b.a. Randy Suggs Landscaping Inc.
6164-05 Design Electrical Contracting, Inc.
6168-04 Robet Waterman d.b.a. Master Electric Inc.
6179-04 Bruce Mills d.b.a. Gulfside Docks Corp.
6191-04 Robert Bauer d.b.a. C & B Electrical Contractors of Florida, Inc.
6202-05 Michael B. Martin d/b/a/ Alamar Services, Inc.
6218-05 Irwin Shumsky d.b.a. IMS Roofing
1567-05 Principal’s name is amended to: Phillip W. Stanley d.b.a. Stanley Electric Service Inc.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending October 31, 2004. Disbursements due to Board: $99,402.84. Same period last year: $179,072.04.
Lands Available List
Request to acknowledge receipt of the property to be placed on the Lands Available List.
St. Johns River Water Management District/Five-Year Capital Plan-Work Program
Request to acknowledge receipt of the St. Johns River Water Management District’s Five-Year Capital Improvements Plan and Water Resource Development Work Program, pursuant to Section 373.536 (6) (a) (3) and Section 373.536 (6) (a) (4), Florida Statutes.
Southwest Florida Water Management District/Five-Year Capital Improvements
Request to acknowledge receipt of the Southwest Florida Water Management District’s approved Five-Year Capital Improvements Plan and proposed Five-Year Water Resource Development Work Program, pursuant to Subsection 373.536(6)(a), Florida Statutes.
Ordinances/City of Mascotte
Request to acknowledge receipt of Ordinance No. 2004-10-374 - An Ordinance under the Code of Ordinances of the City of Mascotte, Lake County, Florida, Pursuant to Section 171.044 Florida statutes, Annexing Certain Real Property into the City of Mascotte, Florida, Upon the Voluntary Petition of the Owner of all of the Property to be Annexed, Filed with the City of Mascotte by Providence of Central Florida Ltd, and as further described, passed and adopted by the City Council of the City of Mascotte, lake County, Florida at a Regular Council Meeting this 8th day of November, 2004.
Meeting Notice/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 November 16, 2004, at 9:00 a.m., at the Turner Agri-Civic Center Exhibit Hall, located at 2250 NE Roan Street, Arcadia, Florida 34266; and a set of approved Minutes from the Governing Board Meeting that was held on September 21, 2004, in Tampa, Florida.
Notice of Public Hearing/Senator Carey Baker
Notice of Public Hearing from Senator Carey Baker, District 20, Florida Senate - Notice is hereby given, the Lake County Legislative Delegation will hold a Public Hearing on Wednesday, December 8, 2004. The hearing will take place from 2:30 p.m. until completion, in the Auditorium of Lake-Sumter Community College, at 9501 U.S. Highway 441, in Leesburg. The Delegation will hear testimony from local governments and the public on matters of statewide concern. The Delegation will also consider all local bills. To be placed on the agenda, please call Gale Bass, Vilma Tucker, or Renee Strong, in Senator Baker’s office at (352) 742-6490. If you plan to speak, 10 copies of all background materials and information must be received in Senator Baker’s office at 301 W. Ward Avenue, Eustis, Florida 32726, by December 1, 2004. Also, please include the approximate length of time you will need for your presentation.
Ordinances/City of Eustis
Request to acknowledge receipt of Ordinance 04-47, an Ordinance of the City Commission of the City of Eustis, Florida; Annexing Approximately 0.29+/- Acres Located at the North Side of West Charlotte Avenue, West of South Bay Street (49 West Charlotte Avenue), and as further described as Lynnhurst Lots, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Lake County, Florida, the 23rd day of September, 2004; and Ordinance 04-50, an Ordinance of the City Commission of the City of Eustis, Florida; Annexing Approximately 1.01 +/- Acres Located at Trefoil Street (Also Known as Trefoil Lane), and as further described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Lake County, Florida, the 21st of October, 2004.
Release of Fines
Request to approve and authorize signatures on:
a) Satisfaction and Release of Fine fully releasing and discharging Franklin Store Building, Inc. from Order of Fine in the amount of $2,250.00 dated September 15, 2004. (Order of Fine was never recorded.)
b) Satisfaction and Release of Fine fully releasing and discharging Team Foodmart, Inc. from Order of Fine in the amount of $3,500.00 dated September 15, 2004. (Order of Fine was never recorded.)
Florida Municipal Power Agency/Resolution
Request to acknowledge receipt of Resolution 2004-B12, Florida Municipal Power Agency (FMPA) Board of Directors, October 27, 2004 - Resolution of the Board of Directors of Florida Municipal Power Agency: (I) Incorporating Recitals and Preambles: (II) Adopting and Approving Amendments to the Interlocal Agreement Creating the Florida Municipal Power Agency; (III) Taking Certain Other Actions; (IV) Providing for Severability; and (V) Providing an Effective Date.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill requested that Tab 3, an Ordinance amending Chapter 22, Lake County Code, Impact Fees, be pulled for discussion.
Mr. Sandy Minkoff, County Attorney, requested that Tab 19, the request to approve the Direct Pay Voucher for the Covanta Settlement and Refinancing Costs, be pulled for discussion at the same time as Addendum III.A.1.
Commr. Hanson requested that Tab 11, the Agreement between Lake County and the Orlando Area Sports Commission, Inc., be pulled for a brief discussion.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 59, pulling Tabs 3, 11, and 19 for discussion; and Addendum No. 1, Items I.A.1., and I.B.1., for the following:
Library System’s Second Annual Festival of Reading
Request from Community Services for approval to hold the Lake County Library System's Second Annual Festival of Reading and to solicit donations to support the event.
Fiscal Year 2004-2005 Community Development Block Grant Partnership Agreement
Request from Community Services for approval and signature authorization on the Fiscal Year 2004-2005 Community Development Block Grant (CDBG) Partnership Agreement with the Lake County Health Department, in an amount not to exceed $100,000.00 in Fiscal Year 2004-2005 CDBG funding and $20,000.00 from Fiscal Year 2004-2005 County General Revenue Funds to cover the cost of dispensing prescription medications to low income persons; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Multi-Family Housing Revenue Bonds/Lake Harris Cove Apartments
Orange County Housing Finance Authority/Resolutions
Request from Community Services for approval and execution to ratify the issuance of Multi-Family Housing Revenue Bonds for "Lake Harris Cove Apartments" in Lake County by the Orange County Housing Finance Authority and Resolution 2004-196.
Advertise Ordinance/Library Advisory Board
Request from Community Services for approval to advertise Ordinance amending the Lake County Library Advisory Board.
Lease Agreement/Lake Agriculture and Youth Fair Association
Request from Economic Development and Tourism for approval and execution of the Lease Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc. for the use of the Lake County Expo Center/Fairgrounds and buildings from April 7, 2005 through April 16, 2005.
First Amendment to Real Estate Purchase and Sales Agreement
Lambry Properties, LLC
Request from Economic Development and Tourism for approval of the First Amendment to Real Estate Purchase and Sales Agreement between Lake County and Lambry Properties, LLC to extend the closing date to no later than January 7, 2005.
First Amendment to Real Estsate Purchase and Sales Agreement
Kelly Concepts, Inc.
Request from Economic Development and Tourism for approval of the First Amendment to Real Estate Purchase and Sales Agreement between Lake County and Kelly Concepts, Inc. to extend the closing date to no later than January 14, 2005.
Service Activation/Career Builders
Request from Employee Services for approval and signature authorization on the Service Activation between Career Builder's and Lake County Employee Services for service state dates October 25, 2004 through October 25, 2005.
Offer to Settle/Casson
Request from Employee Services for approval of an offer to settle Russell Casson's claim for property damage, subject to the County Attorney's review and approval.
Satisfaction and Release of Fine/Willman
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for property owned by Sue Walker and John K. Willman (CEB Number 88-00).
Positions for Growth Management
Request from Growth Management for approval of two positions for the Growth Management Department (an Associate Planner for Zoning/Customer Services and a Senior Customer Service Representative for Planning and Development).
Advertise Amendment of Ordinance/Noise Control
Request from Growth Management for approval to advertise amendment of Ordinance concerning Chapter 14, of the Lake County Code, entitled Noise Control.
Advertise Ordinance/Family Density Exception
Request from Growth Management for approval to advertise Ordinance concerning Section 14.11.02 relating to Family Density Exception.
Transfer of Funds/Scanning and Indexing/Onbase System
Request from Growth Management for approval to transfer $220,000.00 from Building Services Reserve Fund (152) to Contractual Services for the purpose of scanning and indexing existing documents to the Onbase System.
Central Taxi, Inc./White/Lake Hills School
Request from Program Analysis and Contract Management for approval to pay Central Taxi, Inc. to provide special transport to Sandra White's son to and from Lake Hills School during the regular school year in the amount of $2,347.00.
Fiscal Year 2004-2005 Emergency Management Preparedness and Assistance
Trust Fund Agreement
Request from Public Safety for approval and signature on the Fiscal Year 2004-2005 Emergency Management Preparedness and Assistance Trust Fund Agreement.
Eminent Domain/Fire Station Site/Lake Jem Area
Request from Public Safety for approval and authorization to exercise eminent domain proceedings to secure a new two-acre fire station site on County Road 448 and Shirley Shores Road in the Lake Jem area.
Letter of Credit/Meadow Crest
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $40,000.00 for Meadow Crest. Meadow Crest consists of 16 lots – Commission District 2.
Change Order/Judicial Center Parking Lot
Request from Public Works for approval and authorization to execute Change Order Number 9 to the Judicial Center Parking Lot Modification Project Number 2003-11 in the amount of $5,450.00 for additional work related to the project and approval of related Budget Change Request in the amount of $5,450.00.
John S. Dickerson Architect, Inc./Contract Change Order/Umatilla Health Clinic
Request from Public Works for approval for John S. Dickerson Architect, Inc. Contract Change Order Number 1 in the amount of $4,071.25 for diagnostic assessment and preparation of detailed cost scenarios for modifications to correct the existing problems concerning the Umatilla Health Clinic Indoor Air Quality Issues.
Maintenance Bond/Citrus Highlands Phase I
Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $133,200.00 posted for Citrus Highlands Phase I. Citrus Highlands Phase I consists of 103 lots – Commission District 2.
Letter of Credit/Indian Fields
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $9,550.00 for Indian Fields. Indian Fields consists of 25 lots – Commission District 2.
Letter of Credit/Sunrise Lakes Phase I
Request from Public Works for Approval and authorization to release a Letter of Credit for Maintenance in the amount of $50,009.97 posted for Sunrise Lakes Phase I. Sunrise Lakes Phase I consists of 98 lots – Commission District 2.
Letter of Credit/Johns lake Estates Phase 2
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $24,014.20 posted for Johns Lake Estates, Phase 2 – Johns Lake Estates, Phase 2 consists of 55 lots – Commission District 2.
Letter of Credit/Marsh Hammock Phase I
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $47,000.00 posted for Marsh Hammock Phase I. Marsh Hammock Phase I consists of 72 lots – Commission District 2.
Letter of Credit/Marsh Hammock Phase II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $24,800.00 posted for Marsh Hammock Phase II. Marsh Hammock Phase II consists of 52 lots – Commission District 2.
Letter of Credit/Marsh Hammock Phase III
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $24,800.00 posted for Marsh Hammock Phase III. Marsh Hammock Phase III consists of 48 lots – Commission District 2.
Advertise for Bids/Special Assessment Project/Hilltop-Sorrento Subdivision
Request from Public Works for approval and authorization to advertise for bids for Special Assessment Project Number 100, Hilltop-Sorrento Subdivision, located at Section 19, Township 19, Range 28, at an estimated cost of $802,400.00.
Grant Agreement/Town of Lady Lake/Community Recreation Projects
Request from Public Works for approval and signature authorization on the Grant Agreement with the Town of Lady Lake relating to the contribution of Infrastructure Sales Tax Funds for Community Recreation Projects in the amount of $23,198.85.
Grant Agreement/City of Clermont/Community Recreation Projects
Request from Public Works for approval and signature authorization on the Grant Agreement with the City of Clermont relating to the contribution of Infrastructure Sales Tax Funds for Community Recreation Projects in the amount of $13,333.33.
Amendment to Lease Agreement/Data Graphics, Inc./Sheriff’s Office
Request from Public Works for approval and execution of the Amendment to Lease Agreement between Lake County and Data Graphics, Inc. for administrative space for the Sheriff's Office.
Letter of Credit/Crescent Ridge
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $14,140.00 posted for Crescent Ridge. Crescent Ridge consists of 39 lots – Commission District 2.
Letter of Credit/Montclair Phase I
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $31,411.00 posted for Montclair Phase 1. Montclair Phase 1 consists of 55 lots – Commission District 2
Letter of Credit/Montclair Phase II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $28,781.20 posted for Montclair Phase II. Montclair Phase II consists of 75 lots – Commission District 2.
Letter of Credit/Louisa Pointe Phase II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $18,820.00 posted for Louisa Pointe Phase II. Louisa Pointe Phase II consists of 38 lots – Commission District 2.
Letter of Credit/Louisa Pointe Phase III
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $11,443.00 posted for Louisa Pointe Phase III. Louisa Pointe Phase III consists of 30 lots – Commission District 2.
Letter of Credit/Louisa Pointe Phase IV
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $15,561.00 posted for Louisa Pointe Phase IV. Louisa Pointe Phase IV consists of 38 lots – Commission District 2.
Letter of Credit/Louisa Pointe Phase V
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $21,007.00 posted for Louisa Pointe Phase V. Louisa Pointe Phase V consists of 44 lots – Commission District 2.
Letter of Credit/Lake Yale Cove Phase I
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $13,200.00 posted for Lake Yale Cove Phase I. Lake Yale Cove Phase I consists of 17 lots – Commission District 5.
Letter of Credit/Biscayne Heights Phase 2
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $39,600.00 posted for Biscayne Heights Phase 2. Biscayne Heights Phase 2 consists of 56 lots – Commission District 5.
Letter of Credit/Seminole Springs Phase I
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $16,500.00 posted for Seminole Springs Phase I. Seminole Springs Phase I consists of 13 lots – Commission District 5.
Letter of Credit/Siena Ridge Phases I and II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $57,193.85 posted for Siena Ridge Phases I and II. Siena Ridge Phases I and II consists of 196 lots – Commission District 2.
Maintenance Bond/Siena Ridge Phase III
Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $22,624.00 posted for Siena Ridge Phase III. Siena Ridge Phase III consists of 66 lots – Commission District 2.
Letter of Credit/Palisades Phase 2E
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $85,954.00 posted for Palisades Phase 2E. Palisades Phase 2E consists of 57 lots – Commission District 2.
Letter of Credit/Pineloch Phase II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $8,720.00 posted for Pineloch Phase II. Pineloch Phase II consists of 30 lots – Commission District 2.
Letter of Credit/Deer Island Club Second Replat
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $95,510.80 posted for Deer Island Club Second Replat. Deer Island Club Second Replat consists of 263 lots – Commission District 3.
Letter of Credit/Hidden Hills Phase II
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $14,004.35 posted for Hidden Hills Phase II. Hidden Hills Phase II consists of 55 lots – Commission District 2.
Tavares Western Connector Design and Construction Interlocal Agreement
City of Tavares
Request from Public Works for approval of the "Tavares Western Connector Design and Construction" Interlocal Agreement with the City of Tavares, which will provide a north-south connection between Dead River Road and Woodlea Road through City owned property.
Consent to Assignment of Agreement/Estates at Cherry Lake
Request from Public Works for approval of the Consent to Assignment of Agreement from Estates at Cherry Lake, LLP to America's First Home, LLP for the construction of the North/South Collector Road that will run from U.S. 27 to Cherry Lake Road.
Hooks Street - Phase 3 Agreement/DeWitt Enterprises, Inc.
Request from Public Works for approval of the "Hooks Street – Phase 3" Agreement with DeWitt Enterprises, Inc. for the construction of a portion of Hooks Street in Clermont.
Final Plat/Bent Tree Phase II Plat/Letter of Credit/Developer’s Agreement
J & J Building & Development, LLC/Resolution/Roads
Request from Public Works for approval and authorization to accept the final plat for Bent Tree Phase II and all areas dedicated to the public as shown on the Bent Tree Phase II plat; accept a Letter of Credit for Maintenance in the amount of $19,920.82; execute a Developer's Agreement for Maintenance of Improvements between Lake County and J & J Building & Development, LLC; and execute Resolution 2004-197 accepting the following roads into the County Road Maintenance System: Still Meadow Drive "Part" (County Road Number 1046C), Willow Grove Lane (County Road Number 1054B), and Antique Oak Street (County Road Number 1045B). Bent Tree Phase II consists of 52 lots – Commission District 2.
Resolution/Posting Signs/Mount Dora Area
Request from Public Works for approval and signature on Resolution 2004-198 authorizing the posting of a "STOP" sign on Temple Drive (4369) at its intersection with Hamlin Court (4369A) in the Mount Dora area.
Request from Public Works for approval and signature on Resolution 2004-199 authorizing to reduce the speed limit at the following locations:
On County Road 44A (6286), from Calhoun Road (6581) to Mill Creek Road (6583), in the Eustis area; and
On County Road 437 (3986), from Oak Tree Drive (4186) to the Orange County line, in the Sorrento area.
Purchase Agreement/Hubbard/South Lake Trail Projects/Montverde Area
Request from Public Works for approval and execution of a Purchase Agreement with Arthur Hubbard and Jean Hubbard, for right of way in conjunction with the South Lake Trail Project located in the Montverde area.
ADDENDUM NO. 1
Budget Transfer/Covanta Contract Management Division
Request from Budget for a budget transfer - Landfill Enterprise Fund, Department of Environmental Services, Covanta Contract Management Division, in the amount of $7,090,000.00 is requested. Transfer $5,866,505.00 from Special Reserve and $1,223,495.00 from Reserve for Operations to Professional Services ($460,000.00) and Contractual Services ($6,630,000.00). Funds are needed to pay for Covanta closing costs, which include current and prior year taxes; capital projects; transition payments; FA payment; real estate title insurance; bank counsel; legal fees; and trustee fees. Funds are available in Special Reserve and Reserve for Operations.
Advertise for Bids/Mid-Florida Lakes Stormwater Projects
Request from Public Works for approval and authorization to advertise for bids for the Mid-Florida Lakes Stormwater Project Number 2005-03 at an estimated cost of $360,000.00 from the Stormwater Management Fund - Commissioner District 3.
Ms. Sharon Wall, Employee Services Director, presented information on each of the following employees as Commr. Hill presented them with their awards:
Presentation of Award to Employees with Five Years of Service
Denis K. Dietz, Traffic Operations Supervisor, Public Works/Road Operations/Signs Signals & Striping
Robert L. Stevens, Parks & Recreation Director, Public Works/Road Operations/Parks & Recreation
Patricia L. Dickerson, Dispatch Officer, Public Safety/Animal Services
Presentation of Award to Employee with Ten Years of Service
Larry P. Duke, G.I.S. Project Manager, Growth Management/G.I.S.
Charles E. Deal, Maintenance Specialist, Public Works/Capital Projects/Facility Maintenance/Building Maintenance
Dorothy G. Jackson, Emergency Management Planner, Public Safety/Emergency Management/Operations
Anne D. Lanier, Office Associate III, Community Services/Veterans Services
Presentation of Award to Employees with Fifteen Years of Service
Quinnette S. Durkin, Legal Office Manager, County Attorney
Gerald D. Bramlett, Mosquito Control Inspector, Public Works/Special Services/Mosquito & Aquatic Plant Management/Mosquito Management & Maintenance
Presentation of Award to Employee with Twenty Years of Service
Frank R. Johnson, Equipment Operator III, Public Works/Road Operations/Maintenance Area III (not present)
Cultural Affairs Council
Brandon Wald for service from 1998-2004
Mr. Wald presented words of thanks to the Board for the appointment and their support over the years, and for the plaque acknowledging his years of service.
Tourist Development Council
Carol Simpson for service from 1997-2004
Craig Willis for service from 2000-2004 (not present)
Affordable Housing Advisory Committee
Charles Strickland for service from 2002-2004
Mr. Strickland spoke words of thanks for his appointment to this committee and noted that it started in 1992.
Impact Fee Committee
Richard Boliek for service from 2002-2004 (not present)
Commr. Hill recognized Ms. Ann Wettstein Griffin from the Lake County Water Authority.
PUBLIC HEARING -
ORDINANCE CONCERNING POLLUTANT STORAGE TANK REGULATIONS
Mr. Sandy Minkoff, County Attorney placed the following proposed Ordinance on the floor, by title only, and he noted that it would be Ordinance 2004-86, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING ARTICLE V, CHAPTER 21, LAKE COUNTY CODE, ENTITLED POLLUTANT STORAGE TANK REGULATION; PROVIDING FOR THE ADOPTION OF ADDITIONAL STATE REGULATIONS COVERING POLLUTANT STORAGE TANKS AND RELATED CONTAMINATION CLEANUP CRITERIA FOR THE PURPOSES OF A COMPLIANCE VERIFICATION PROGRAM; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
In response to Commr. Cadwell’s question regarding the rules sand regulations set forth in the Ordinance, Mr. Minkoff explained that it mainly adopts the updated State regulations that apply to this program and, if anything, it strengthens the code.
Commr. Hill called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance 2004-86, as read by title only.
PUBLIC HEARING -
PICCIOLA BRIDGE REPLACEMENT
Commr. Hill explained that staff conducted two public hearings for the Picciola Bridge Replacement Project (Picciola Project), and she understands that they were pretty well attended. She noted that quite a few e-mails, letters, and phone messages have been received from citizens who are not present today, and they have been passed on to the Board.
Mr. Fred Schneider, Director of Engineering, stated that staff is presenting the first phase in the Picciola Project, and a study has been done to determine alternatives for the type of bridge, and the type of construction, and the phasing of that construction. Mr. Schneider stated that staff held a couple of public meetings leading up to the meeting with the Board today, and Mr. Mike Leo, HNTB, Inc., and Mr. Juan Chan, Project Engineer, Public Works Department, are here today for the presentation.
Mr. Mike Leo addressed the Board and stated that the general location of the Picciola Project is Picciola Road, east of US 27/441 and, more specifically, the project limits are Picciola Road between Sable Palm Drive and Lake Unity Road. Mr. Leo reviewed the handout material that had been presented to the Board members and provided additional detailed information on the following:
• Map - Project Location
• Map - End Project-Begin Project
• Phase I - Problem Definition and Alternatives Analysis
• Phase II - Final Design
• Existing Condition
ROADWAY DESIGN AND TRAFFIC CONTROL
• Existing Typical Roadway Section
• Existing Structure Type/Geometry
ROADWAY DESIGN AND TRAFFIC CONTROL
• Existing Typical Bridge Section
• Provide an Alignment with a 40 mph Design Speed within the Project Limits
• Provide a new Bridge with a 75 year Service Life
• Provide 2'-0" of Additional Under-clearance
• Minimize Disruption to the Motoring Public
• Minimizes Environmental Impact
• Minimize Cost
ROADWAY DESIGN AND TRAFFIC CONTROL
• Proposed Typical Roadway Section
• Proposed Typical Bridge Section
Three Bridge Alternatives (81' Total Bridge Length)
• Widening Existing
► Low Sufficiency Rating
► Geometrically Incompatible with Proposed Roadway Alignment
• Three Span
• Single Span
• Three Span Alternative
• Single Span Alternative
• Summary of Bridge Alternatives
► Three-Span Flat Slab
► Single-Span - AASHTO Type III
• Selection Criteria for Replacement Bridge
• Most Important - Least Important
ROADWAY DESIGN AND TRAFFIC CONTROL
• 2 Alignments Identified:
► Alternative A - Phased Construction
► Alternative B - Build-in-Place
► (Map follows)
• Selection Criteria for Alignment Selection
► Estimated Probable Cost
• Alternative A (Phased Construction)
• Alternative B (Build-in-Place)
► Traffic Control
► Construction Duration
• Alternative A (Phased Construction)
• Alternative B (Build-in-Place)
► Right-of-Way Acquisition
► Wetlands Impact
• Selection Criteria for Alignment Selection
• Most Important - Least Important
► Disruption to Traffic
► ROW Impacts
► Environmental Impacts
SUMMARY OF PREFERRED ALTERNATIVE
• Alignment Alternative B (Build-in-Place)
• Single Span Bridge
• Alignment Alternative Preference (77 Total Respondents)
• Reasons Citizens gave to Support Phased Construction
LAKE COUNTY COMMITMENTS
• Lake County has secured a commitment from Lake/Sumter EMS to staff the fire station located on Picciola Road east of the bridge for the duration of the roadway closure. This will improve the response time.
• Lake County will resurface Eagles Nest Road from Lake Unity Road to US27/441 to improve safety.
• Lake County will install a traffic signal at the intersection of Eagles Nest Road and US27/441 and make intersection improvements based on projected increased of traffic volume.
• Lake County will schedule construction to coincide with the end of the school year to minimize impact to school busing.
• Lake County will include monetary penalties in the construction contract to encourage a construction duration that will not exceed six months.
During the discussion, Commr. Stivender referred to the issue of the fire station noting that it was her understanding that this building was not habitable and did not meet building standards.
Mr. Jim Stivender, Director of Public Works, addressed the Board and stated that it will cost about $12,000 to repair the fire station building. He stated that Eagles Nest Road is already on the countywide resurfacing plan using sales tax money and this will be done for the detour, so these costs really do not apply to the costs. In regards to the projected $60,000 for the traffic signal at the intersection, Mr. Stivender explained that staff has been working on this planned signal intersection for ten years, and the realignment of the Eagles Nest Road and Lake Ella Road intersection, and they have been waiting for the developers to work out their arrangements for right-of-way donations.
During the discussion about incentives, Commr. Pool felt there was a real opportunity here to reduce the time lines, from six months to three months. Mr. Stivender explained that there was an incentive on the SR 19 job, $10,000 for every day they were ahead of schedule. They were 30 days ahead of schedule, and the State actually paid them $300,000 but, at the same time, if they were over schedule, it would have been a penalty of $10,000 a day, so there are incentives and penalties.
Commr. Pool stated that he would like to see what they could do to reduce the six month time line down, if given additional dollars, and he asked that staff find out for him.
Mr. Leo referred to the chart depicting public involvement and noted that, with 77 total respondents, 70% preferred the phased construction alternative citing the delay in emergency services response time as the number one reason, but they feel that they have addressed this issue by manning that fire house.
Commr. Stivender disagreed and clarified that manning the fire house does not address the fact that it is faster to go down Picciola and out to US27 than going up and around and down that additional five or six miles, and it does not get them to Leesburg Regional Medical Center (LRMC), or to The Villages, any quicker, so that really did not address their concern.
Commr. Pool questioned whether there were any responses, after this information was provided to those individuals, and Mr. Leo explained that about 50 of the responses came from the first public meeting. He responded in writing to every one of those comments, which was very time consuming, so they elected not to do that after the second public meeting, but the information, which included their concerns, was presented to the public at the second public meeting.
Commr. Stivender explained that, from the comments made by Mr. Stivender, the County already has the signal, and the resurfacing of the road, in their program, and these commitments were already made to the citizens and will be expedited to go along with the Picciola Project. Mr. Schneider explained that staff will approach the Department of Transportation (DOT) with a traffic study showing the increased amount of turning movement at Eagles Nest Road, to justify the need for the traffic signal but, at this time, they have not approved the signal, so staff is waiting for traffic build-up and, once it warrants the signal, the signal can be installed.
Commr. Pool wanted to know if the retaining wall could be built while the bridge is open, and Mr. Leo explained that there is a causeway that leads to the bridge, so they are very constricted throughout this causeway area and, therefore, it would not be feasible without doing the phased construction.
Mr. Juan Chan explained that, even if they choose the phased construction, there may be times when the bridge would need to be closed for a period of time, and there would be unexpected delays.
Mr. Schneider explained the process that staff and engineers will use to keep the citizens safe during the construction of the bridge, in terms of moving equipment, etc., and noted that Mr. Stivender has explained to him that the resurfacing at Eagles Nest Road will be from US 27 to Lake Unity, which is not the entire length of Lake Unity, so the resurfacing costs will be $70,000 for that length of road. It was clarified that the costs for the traffic signal, and the resurfacing of the road, are not incorporated into these numbers but are strictly additional dollars. Mr. Schneider also explained rain delay days that are given to the contractors in lieu of penalties.
Mr. Stivender clarified that the resurfacing of Eagles Nest Road was not on the County’s program until the County readdressed the sales tax, and now it is just a matter of scheduling it for the upcoming year.
At 10 a.m., Commr. Hill opened the public hearing and called for public comment.
Mr. Charles Jacobs, Picciola Island, stated that he is not speaking for the Picciola Island Subdivision Homeowners Association, but as a taxpayer, and he is confident that many of his neighbors will agree with his views. Mr. Jacobs stated that Plan A (Phased Construction) is too costly and provides for only one lane of traffic some of the time, and some of the time none at all; Plan B (Build-in-Place) is totally unacceptable. He stated that he can appreciate the capital budget constraints that the Public Works Department was facing when they requested these proposals, but the Request for Proposals (RFPs) to the various engineering consulting firms should have made note of the demographics of the affected area and emphasized a need for a plan to keep two lanes open at all times, since they knew that an average of 8,000 vehicles cross that bridge every day. He explained that an extra five to six mile detour, or 15 to 20 minutes more travel time for an ambulance, is just not acceptable. He explained that 85% to 90% of the taxpayers north and east of the bridge are over 65 years old, and most of them are actually 70 years plus. Mr. Jacobs wanted to know when a Plan C or D will be shown to them, since they indicated that they explored a lot of alternatives. Mr. Jacobs suggested a Plan C - build the new bridge south of the present bridge where the pre-1950 bridge was located and keep the two lanes open until the new one is built, which would be just like what they are doing on US 441. Mr. Jacobs referred to the closed bridge construction that took place in Clermont where traffic was re-routed for 14 months and stated that, for now, the instructions to the engineers should be to go back to the drawing board. “The Daily Commercial” had reported that the proposed detour route will cost the people in the affected area an estimated $40,000 a day in gas expense alone and, when adding in all of the other estimated costs being discussed today, they have exceeded the cost estimates for Plan A (Phased Construction).
Ms. Debbie Muma stated that she lives on Lake Unity Road on the curve. Ms. Muna stated that the estimated detour is 5.2 miles, but it has actually been clocked at 12 miles round trip. Her calculations reveal that it will cost the residents that are being detoured approximately $1.6 million in gas, if this project is finished in six months. They will save $475,000 in gas to build the bridge in place. She explained that Lake Unity Road is a heavily traveled road, and she already faces dangerous conditions, because she lives on a blind curve that has a speed limit of 35 miles per hour, and she cannot get the police to patrol the road. She cannot imagine that people will actually slow down and be considerate of others when they are having to drive an extra 15 to 20 minutes a day. She addressed safety hazards that school buses will face during construction and noted that, if there is an emergency, they will have to air lift people from the construction site, and this will be another expense that they did not consider in their review of closing the bridge. She is not aware of a fire station that will not use a detour to get to her house. She is also concerned about evacuating the residents from Picciola Island, if there is an emergency, particularly when there is only one road, and she is concerned about the small businessman being shut down, if he has to wait six to eight months while the bridge is being built. She compared the costs for the traffic signal, the resurfacing of Eagles Nest Road, and the repairs to the fire house to the $1.6 million the residents will pay for gas, and the wear and tear on their vehicles, and she stressed that the project will have an enormous effect on their homeowners insurance, once it is underway. They all agree that the bridge needs work, but they need to look at straightening the bridge all the way and, because people like to fish off of the bridge, they should look at unifying and improving the area and possibly making a park. Ms. Muma submitted a petition to the Deputy Clerk for the record.
Ms. Kelly Hawersaat stated that she is the Manager of the Warren W. Willis United Methodist Camp located on Picciola Road, but she is here as a citizen, not a representative of the camp. Ms. Hawersaat stated that a lot of her concerns have to do with the camp, because she lives there, and it employs over 32 people during the summer. Their busiest season at the camp is the time they are projecting to start the bridge construction, which she feels they did not take into consideration. She also does not believe that they took into consideration the number of buses and traffic, when 500 kids arrive on Monday morning and leave on Saturday morning. She has very deep reservations about being stranded on the island with this number of children. She also feels that their costs are going to skyrocket at the camp, because right now they pay garbage truck fees and delivery truck fees. If they close the bridge, it is going to severely affect everyone at the camp. Ms. Hawersaat stated that all of this work is not even going to solve the problem with the bridge, which is mainly the “S” curve, because they are still going to have accidents, and the bridge is only going to last for 75 years. She wanted to thank the engineering company for their work, but she hoped that the Board members would remember the camp where they do the Lord’s work.
Mr. Schneider explained that staff performs annual traffic counts, and they are seasonally adjusted to an annual average daily traffic as a realistic traffic count for most days of the year. They have taken counts on these roads over the last five years. In regards to the “S” curve, Mr. Schneider explained that the road has been realigned with either alternative, so there will be a smooth curve with a super elevated bridge, as he explained in more detail.
Mr. Stivender stated that there has been several requests to straighten the entire curve and eliminate it altogether, which would cost five to ten times more than the highest estimate here today. The work will entail a smoother and safer drive and, if they were to move it further to the south, it would dramatically impact other people, as well as the wetlands.
Mr. Schneider explained that the bridge itself will have a super elevated curve to allow for the 40 miles per hour design speed.
Mr. Leo explained the current condition of the structure noting that there is no practical way to fix the geometry of the bridge to give it a super elevation, and to give it a curve. In response to Commr. Cadwell’s question about whether there was any discussion at staff level with the engineer about the cost and expected life of repairing the bridge, and Mr. Leo explained that this project came about because of the problems and accidents associated with the bridge.
Ms. Ann Wettstein Griffin, a resident of Picciola Island, addressed the Board and stated that she lives at the very end of Picciola Road. Ms. Griffin noted that, in the discussion today, it has been brought out that it would take longer to respond to an emergency, and to get someone to the hospital, if the bridge is closed, and this is one of her main concerns. Also the majority of the people that live there do not want this done, so they have made it very clear to the Board, and the Board should take this into consideration. In regards to the convenience store owned by Mr. J. R. Amin, Ms. Griffin stated that she, as well as many other residents, use that store a lot and he would go out of business, if they closed the bridge. Ms. Griffin stated that, on a personal note, her son has started working the night shift, and she was concerned about his safety, if he has to travel a different route. She hopes the Board will decide not to close the bridge.
Ms. Joyce Fullington stated that she is a nurse, and she will limit her comments to critical concerns for her neighbors, friends, and family at the end of Picciola Island. Ms. Fullington stated that she does challenge the 5.2 mile figure, because that does not take into account the stretch of road from Picciola Road/US 441 to Eagles Nest Road. She explained that the medical information and statistics show that the delay in care, for those citizens on Picciola Island, would mean irreversible results in their health, if placed in an emergency crisis. Ms. Fullington stated that, in any emergency situation, they become very challenged.
Commr. Cadwell asked whether anyone in the audience was in favor of closing the bridge and detouring traffic. It was noted that no one present was in favor of that alternative.
Mr. Fred O’Brien stated that he lives off of Lake Unity Road on Crescent Drive, and there has been talk about repairs to Eagles Nest Road, but there has not been talk about the cost of repairing Lake Unity Road, which is just as bad and cannot support another 7,000 vehicles a day.
Mr. Harold (Shep) Olliff stated that he lives in Kings Cove, Picciola Island, and he spoke at one of the public meetings and, at that meeting, he talked about the good job that the engineers did in completing their task, which was to come forth with the best options for consideration, but some of the bottom lines do not take into consideration what people are actually talking about in terms of it being an inconvenience, or a huge disruption, in their lives. He referred to the fuel cost numbers presented by Ms. Muma, about $1.2 million to $1.6 million, which would be about $320 per family during the course of that closure, and noted that a lot of people are on fixed incomes and cannot afford that extra cost. Mr. Olliff stated that he gets a measurement of 6.9 miles, which is 15 minutes with no traffic but, by adding the traffic, he has counted about 30 cars in front of him on one stretch of Picciola Road. He discussed the stop sign at Lake Unity Road that will cause traffic to back up in that area and stated that he feels that $60,000 for a traffic light is very low and, after some research, he found that there was a $60,000 grant given to the CR 466 and Rolling Acres project, which was two-lanes each way, not a four-lane major divided highway. In looking at paving costs in the State of Florida, he found that the number was between $300,000 and $400,000 to resurface approximately one mile. He addressed the need to man the area with EMS staff and noted that there would have to be two people per shift for 24 hours, which is six people, which could result in another $256,000 being added to the cost. Those same people will probably be responding to other areas, which will leave them vulnerable, and they will also need a fire station. He questioned whether the property in this area will be re-appraised because it will be difficult to sell a house with the bridge closed for eight months. He was also concerned about the construction schedule being presented that would coincide with the end of the school year to minimize the impact to school busing, because children are already getting home after 5 p.m., and this will create another traffic issue and affect family time. His other concerns included how this construction will affect small businesses, and the extra expense the residents will be charged for service and delivery calls made to this area. Mr. Olliff stated that sometimes the bottom line is not the best or most feasible when you look at the true cost to the economy, and to their lives. He also feels that, if there are already accidents occurring in a lower speed zone, there will surely be accidents from a faster speed.
Mr. Joe Mark stated that he lives in Lake Idlewild Estates and, if the traffic light is put in place at Eagles Nest Road and US 27, there will be 20 to 30 cars backed up at that red light while they try to pull onto US 27, with oncoming traffic going 55 miles per hour. Mr. Mark stated that people need to drive very defensively in the area where Grays Airport Road meets Eagles Nest Road. He was not here to criticize Mr. Leo, however, he felt it was a major oversight when he failed to note the petition that was sent to his office, Mr. Chan, and the Commissioners, which represented 300 residents in this area. Also he has found that emergency vehicles always travel southwest, and he hopes that all emergency personnel are trained to know the shortest route.
Ms. Beverly Bowers stated that she lives at Lake Griffin Isles, and she was so happy to hear them addressing Eagles Nest Road and Grays Airport Road today. Ms. Bowers explained that her son lives on that corner, and several accidents have occurred at this site. Ms. Bowers stated that more traffic on this road would be unacceptable, at least until a four-way stop is placed at that corner, which they could address now, with the current traffic number.
Mr. J. R. Amin stated that his small business serves a lot of people in this area, and many of them travel about 2.5 miles to his store for small items instead of traveling 10 or 15 miles. There is no other convenient place for these residents to get their gas, or other items of necessity, or any place close where they can walk to get their items.
Commr. Stivender stated that, because this item of discussion is located in District 1, the Chairman’s District, Commr. Hill cannot make a lot of statements, so she would like to explain a couple of things. Commr. Stivender stated that they, as Commissioners, try to watch every penny and try to wisely spend the taxpayers’ money, and they would normally look at the Alternative B (Build-in-Place), because it is the lowest cost, the fastest, and the best efficient way to do the project, but they also have to take into consideration all of the other aspects, such as public safety, small businesses, and whatever else is going on in that area. Commr. Stivender explained that she has lived in Lake County all of her life and has traveled that road, and she understands that the engineers were given a task and have done a great job, but they have to take into consideration the people that live there. She stated that the bridge is not safe and that is what the Board needed to hear today, and they have to weigh that against what it is going to cost to fix it, and what it is going to cost them, as citizens. Commr. Stivender stated that they need to go ahead and do Alternative A (Phased Construction), which will mean the least inconvenience to the citizens, but the citizens need to understand that they are going to be inconvenienced from time to time, even with Alternative A, as she explained. She stated that this is her opinion, not a motion, because it is not her district, but this is how she feels about it.
Commr. Hanson stated that she would agree with Commr. Stivender, and she thinks that this would be they way to go.
At 10:45 a.m., Commr. Stivender left the meeting.
PUBLIC HEARING -
PICCIOLA BRIDGE REPLACEMENT (CONTINUED)
Mr. Mike Standiford stated that he is a representative of the Florida United Methodist Conference, which operates the camp, as well as the adult retreat center directly across the road, and he is also the summer camp director. As mentioned earlier by Ms. Kelly Hawersaat, he is speaking as a citizen of Lake County. Mr. Standiford stated that he lives there during the summer for three months, and he knows how this detour, and the work on the bridge, will affect them, in terms of their 3,800 campers. In terms of the overall year, they have between 60,000 and 70,000 guests that come to that property. Even if they stretch the delay to 14 months, it is going to be an inconvenience for everybody. He is in support of Commr. Stivender’s comments in terms of Alternative A (Phased Construction), if that is the best option, and that would certainly be the one they would endorse.
Mr. Terry Bramble stated that, at some point, the bridge is going to be gone, and the people have noted that there are going to be medical issues, financial issues, and home safety issues with this project. He questioned why they feel they need to rush the project. Mr. Bramble also wanted to know why they could not start a four-lane highway on Eagles Nest Road, to address the problem with speeders. He stated that the $12,000 to refurbish the fire house must have been a misquote, and he questioned why they do not put in a temporary trauma clinic, with a cardiac care unit, and a rough heli-pad. Right now he is not seeing any preparation for this project. The Board has heard the people discuss the inconvenience involved with the project, and their concerns, and he does not understand why this has to be a rush job.
At 10:49 a.m., Commr. Stivender returned to the meeting.
PUBLIC HEARING -
PICCIOLA BRIDGE REPLACEMENT (CONTINUED)
Mr. Bramble suggested that a sidewalk be placed in the area, so that people have a place to ride their bikes and jog. He also felt that this would be a great opportunity to fix a lot of things at one time in this area, things that would normally take a long period of time to do. He felt that the bridge would last until all of these things were done, and they would not have all of the concerns that they have today.
Mr. Ed Teal stated that he lives at Lake Griffin Isle. He suggested that the County consider using a pontoon bridge and have one to two lanes of traffic, something which the Army has been using since World War II. He stated that this would alleviate the problem of keeping the bridge opened and closed.
Ms. Annette Deatherage stated that this country was formed so that the government is for the people, by the people, and they are saying please do not close their bridge.
Commr. Hill called for further public comment. There being none, the public hearing portion of the meeting was closed at 10:52 a.m.
Commr. Cadwell questioned whether the 14 months on Alternative A (Phase Construction) was a realistic time frame for construction, and Mr. Schneider stated that, as mentioned earlier, Mr. Leo spoke to a local bridge contractor based in Lake County, and they felt that those numbers were realistic. Also the terms for incentives and disincentives could be reduced. Mr. Schneider stated that the County has acquired one parcel already of road right-of-way, and he does not feel there is a need for any other alignment for other right-of-way. There will be wetland mitigation costs, which will have to be negotiated with the St. Johns River Water Management District (SJRWMD). Also a floating bridge would cause the waterway to be closed for a period of 14 months to Lake Griffin State Park, and the more they deviate from the alignment they have now, the more significant impact there will be to the homes.
Commr. Pool wanted to know the current condition of the bridge, and Mr. Schneider explained that the bridge is 54 years in age. Mr. Schneider explained what took place during the construction of two bridges in the Clermont area, which was similar to what is being proposed with the Picciola Bridge, noting that, even though the bridge on the south end (in Clermont) was originally designed for phased construction, in order to allow CR 561 south of SR 50 to remain open, they had to come back at a public hearing and request direction to move forward with the closure. In this case, he has talked to Mr. Leo who thinks that they can keep the existing bridge in place during the construction and, if they move soon enough, they can keep the existing bridge in place during the phased construction but, the longer they wait, the more problems that may occur down the road. It was noted that they anticipate a 2006 start up date and finishing before 2008. It was noted that there are load limits on that bridge.
Commr. Cadwell asked how much money was budgeted for this project in the County’s long range plan, and Mr. Schneider explained that there was about $1.5 to $2 million. Mr. Schneider stated that the next step in this process is to move forward with final design and negotiate a scope of work and fee with HNTB, to do the final design and permitting.
Commr. Hill stated that the project is in her district, and she lives near the Lake Square Mall where there has been ongoing construction and, if they had told her that they could do it in six months, for less money, she probably would have agreed to the deal, but she has other avenues to go out of her area. She is bothered because the citizens here today only have one way in, and one way out, which really upsets her. She stated that she has a tendency to look at the bottom line number, to see how she can save the taxpayers money and use it for some of the other projects that are needed in that area, but they are the ones that are going to have to live through it, and she thinks they would like to afford them every opportunity to live through it. She felt that they probably should go ahead and do Alternative A (Phased Construction).
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Alternative A (Phased Construction) for the Picciola Bridge.
RECESS & REASSEMBLY
At 11 a.m., Commr. Hill announced that the Board would be taking a 15 minute recess.
CITIZEN QUESTION AND COMMENT PERIOD
Rev. Graton Lane - Code Enforcement/Property Deed
Rev. Grafton Lane, Umatilla, addressed the Board and stated that he has lived on Church Street in Umatilla since 1957, on one acre of land. He received a letter from Code Enforcement telling him that he had to remove the goats from his property. He explained that there are other people in the community who have goats, chickens and hogs, but he has been targeted by the County as the scapegoat, and it is not fair to him. He was questioning why he was the only one who was cited by Code Enforcement. Rev. Lane stated that he also wants to deed his house to some friends, a father and daughter, and he would like to know what he needs to do, because he is going to leave Umatilla.
Commr. Cadwell explained that the request made by Rev. Lane regarding his house will be presented to the Affordable Housing Office, to Ms. Nicie Parks, Community Development Manager, who will contact Rev. Lane to start the paperwork. The request will be presented to the Affordable Housing Advisory Committee, and the Committee will then make a recommendation to this Board. It was noted that staff will be addressing the Code Enforcement issue that was presented to the Board.
Christine Harris - Personal Misfortunes/Division of Elections
Ms. Christine Harris, Mt. Dora, stated that she and her family have been victims of several crimes, as she explained in more detail. Ms. Harris also wanted the Board to know that she was the candidate who ran against Senator Anna Cowin for Superintendent of Schools, and she is appealing the outcome of that election at the State level. She is the daughter of Bobby and Ruthie Harris, Harris & Sons, who had the garbage franchise to all the unincorporated area in Central Florida, until the Ogden Martin Incinerator put them out of business years ago. Due to recent unexplained family misfortunes and tragedies, she has filed a complaint with the State Attorney’s Office because she feels that, for no apparent reason, someone has set out to put many barriers in the way of her family. Ms. Harris wanted to make the Board aware of these matters, and to ask for their support in helping to safeguard her and her family.
David Stemall - Hartle Road
Mr. David Stemall, Magnolia Bay Subdivision, expressed his concerns about traffic issues at CR 455/SR 50 and wanted to know if there was any way to move the Hartle Road alignment project forward in the County’s road plan.
Mr. Jim Stivender, Director of Public Works, explained that this project has already gone through the planning stage. The construction plans need to be approved and then they can pull permits on the site.
Travis Whigham - Lake Mack Road/Forest Hills and Paisley/Public Transportation
Mr. Travis Whigham, Forest Hills Association, addressed the condition of Lake Mack Road, and others roads that have been patched in the past and stated that these roads need to be resurfaced. Mr. Whigham stated that it would involve less than a mile of roadway. He also wanted to know if a speed bump could be placed in these areas to slow down the traffic, which would help alleviate a very dangerous situation.
Mr. Jim Stivender, Director of Public Works, explained that these roads, as noted, have been ranked even worse than Eagles Nest Road, in terms of their condition, and they should be resurfaced in 2005, or 2006.
Mr. Whigham stated that he is still working on trying to get public transportation for the people in the Forest Hills and Paisley areas. Since Lake County will be receiving money from the State relating to the hurricanes, about three billion dollars, and it has additional money from the penny sales tax, he wanted to know if the County could use some of these moneys to improve the transportation system, and to construct schools. Mr. Whigham noted that he is already on the agenda to discuss these issues with the legislative delegation tomorrow.
COUNTY MANAGER’S CONSENT AGENDA
ITEMS PULLED FOR DISCUSSION
PERMISSION TO ADVERTISE ORDINANCE - IMPACT FEES
Commr. Hill addressed the request to advertise an Ordinance amending Chapter 22, Lake County Code, Impact Fees (Tab 3), and stated that this is coming forward from the Impact Fee Committee. The Committee is recommending the adoption of the increased fees ($7,055, $2,497 and $4,260 respectively), in accordance with the legal opinion, with an effective date of March 1, 2005. She stated that she would like to move the effective date up sooner, possibly to January 15, or January 31.
Commr. Stivender stated that yesterday she received a letter, as Chairman, from School Superintendent Anna Cowin requesting a February 1 effective date.
Discussion occurred regarding pre-payments, and the amount of work that may be placed on staff, if the Board determines a date that may be too early in the process. The Board also discussed limiting the pre-payments noting that the developers have already agreed to pay the highest level implemented by the Board, and they need to remember that there may be some individuals who were approved for pre-payment earlier in the process.
Mr. Bruce Duncan, Potter, Clement, Lowery & Duncan, addressed the Board and stated that all of the cities are requiring that the developer not agree to pre-pay the impact fees, in order to approve the development at this point in time.
Commr. Hill stated that staff would be cleaning up those pre-payments that are already in the process, and she did not believe it should take until January 15. She also wanted to know if the Board wanted to have Mr. Randy Young, Henderson, Young & Company, at the December 21, 2004 meeting, when the Board will actually adopt the Ordinance, or if the Board wants to have the attorney present who issued the opinion.
In response to the question proffered by Mr. Bill Neron, County Manager, about who the Board wanted at that meeting to provide information on impact fees, Commr. Stivender stated that personally she did not need to have Mr. Young present at the meeting, and that she would rather hear from the legal team, Nabors, Giblen & Nickerson, P.A., because they are the ones who will have to defend the fee, if there is a problem with it.
Mr. Sandy Minkoff, County Attorney, stated that he could probably adequately give Mr. Bob Nabors’ comments rather than bringing the consultants back to a meeting.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Budget for approval to advertise Ordinance amending Chapter 22, Lake County Code, Impact Fees, increasing the Education System impact fee rates as requested by the Lake County School Board and recommended by the Impact Fee Committee, and amending the effective date to January 15, 2005.
AGREEMENT/ORLANDO AREA SPORTS COMMISSION, INC.
Commr. Hanson had requested that there be a little discussion on Tab 11 regarding the agreement with Orlando Area Sports Commission, Inc. d/b/a/ Central Florida Sports Commission (Sports Commission). She stated that she helped bring this partnership to the County about10 to 12 years ago.
Mr. Greg Mihalic, Director of Economic Development/Tourism, addressed the Board and stated that they are very pleased with the partnership. The Sports Commission is bringing a lot more sporting events to the County throughout the year, as well as geographically disbursing them throughout the County. They are very pleased with the contract, which will be shifted to a fiscal year contract, to bring it in line with their budget year, so it will be a three year, nine month contract, which is terminable at any time.
Commr. Stivender stated that she has served on the Tourist Development Council (TDC), which is a tremendous board, and Mr. Mihalic has done a great job explaining their purpose to the paper. She explained that the Sports Commission actually triples or quadruples what they receive from Lake County and, even though you cannot physically see the money, the businesses realize what comes back to them from these sporting events. She tries to attend a lot of the events during the year, which bring in a tremendous amount of people.
Mr. Mihalic pointed out that the credit goes to Mr. Scott Aldrich, Lake County Director, Central Florida Sports Commission, and Commr. Stivender pointed out that each year Mr. Aldrich adds more events to the list.
Commr. Hanson stated that the person that she actually worked with was Mr. Fred Lenhart, an Attorney in Orlando, who said that the County has got to do this (with the Sports Commission), and she appreciates the Board’s support over the years.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Economic Development and Tourism for approval and execution of an Agreement between Lake County and the Orlando Area Sports Commission, Inc., for the promotion of Lake County as a venue for international, national, regional and local sporting events, including the built-in increases through September, 2008.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
APPOINTMENTS/BOARD OF BUILDING EXAMINERS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of individuals to vacant positions on the Board of Building Examiners for four-year terms beginning January 15, 2005, as follows: Reappointments - William Lindermann; James Moore; Thomas Pechous; Helen Jones; and Frank Kimmel.
APPOINTMENTS/CITIZENS’ COMMISSION FOR CHILDREN
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Efren Vazquez to the vacant District 2 position on the Citizens' Commission for Children.
REPORTS - COUNTY ATTORNEY
COUNTY DEED/RESOLUTION/CAGAN’S CROSSING, LTD.
Mr. Sandy Minkoff, County Attorney, explained that this request involves a property swap where the County is exchanging 15 feet of the Citrus Ridge Library parcel. He explained that the County bought the property from Cagan’s Crossing, Ltd. They sold the piece across the street where the Wal-Mart is located and, when they did that, they wanted to relocate the driveway, so the County is actually moving its parcel by 15 feet and, in exchange, it is getting an equal 15 feet on the other side. They did not have the property appraised, but staff did check with the Property Appraiser’s Office who indicated the value was equal for the exchange.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval and execution of a County Deed, and Resolution 2004-200 between Lake County and Cagan's Crossing, Ltd.
LEASE AGREEMENT/SHERIFF’S SUBSTATION/CLERMONT
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval and signature on renewal of Lease Agreement between Lake County and Clermont for Sheriff's Substation located at 882 DeSoto Street in Clermont.
SETTLEMENT AGREEMENT/WRIGHT VS. LAKE COUNTY
Mr. Sandy Minkoff, County Attorney, pointed out on a map the location of Donmar Road, the small road at the bottom of Mardon Circle, and explained that, several months ago, the Board approved a road closing, on October 28, 2003, Resolution 2003-186, to vacate the right-of-way on Donmar Road, as shown on the Plat of Mardon Acres, located in Section 29, Township 17 South, Range 28 East, in the Paisley area - Commission District 5. Mr. Frank Wright, who owns the property to the south of it, filed suit against the County, and staff has been defending that suit. The action is alleging that the road vacation should be overturned because it denied him all legal access to his property. In accordance with Public Works, staff has looked at the area, and it has not been able to locate any other access to Mr. Wright’s property; his only actual legal access was through Donmar Road off of Mardon Circle. Staff had some meetings with his attorney, Ms. Leslie Campione, and they developed the proposed settlement that is before the Board today for consideration. Mr. Minkoff stated that, in terms of litigation, a Petition for Writ of Certiorari has been filed and staff has delayed the County’s response. The court will only look to the evidence that was here at the road closing hearing and will make a decision whether to quash their order, or dismiss the case. Through his attorney, Mr. Wright has indicated that, should he lose, he will then be suing the County in adverse condemnation for taking his access, since he has no other access to his property. Mr. Minkoff explained that the proposed settlement before the Board would eliminate the vacation of that road, so it would remain a public right-of-way. Mr. Wright would agree to fence his entire property line, so that no one could use that road and go anywhere on it. He would allow a gate to be placed there, but the gate would have to be locked, and it would only be used when he was maintaining his citrus grove. Should he later develop his land for residential use, he would be allowed to use that road for access, but he would have to pave it to County standards. He would agree not to allow access to any property other than the two parcels that he owns. Should a 50 foot wide public access become available to Mr. Wright to the north along the western boundary of Mardon Acres, or to the west to CR 42, he would agree to petition to vacate the portion of Donmar Road that has been vacated, and to cease using it for access to his property. Mr. Minkoff explained that, with this settlement, no one would really be able to use that road. Even the property owners would be able to obtain a permit to close it at Mardon Circle, so long as Mr. Wright had the right to go through it to get to his grove. If the County can provide another right-of-way, then the road vacation would come back and go forward. If they do win the lawsuit, and it is vacated, then it is likely they will face the damage action. If they lose the case that Mr. Wright has brought against them, then that road would become public for anyone to use at any time, and he would not be required to gate it.
Commr. Stivender pointed out that Mr. Wright takes big trailers through Mardon Circle when he picks the citrus, but Mr. Minkoff explained that there has been a dispute on that point, because the folks in the subdivision indicate that he has not used that right-of-way and that he has used the right-of-way to the north, or he has gone straight out through the church property to CR 42, but his only legal deeded access is the portion that they are vacating.
Commr. Cadwell explained that the action the Board took instructed staff not to just look and see if there was other access, but to assist in finding some access. He suggested that the Board not accept the settlement agreement today, and to instruct staff to contact the property owner of Lot 3 (Ferrari) about getting the rest of the right-of-way in that location. It is his understanding that this is the parcel that Mr. Wright is using to stage his trucks and do his farm work. Historically that property has been accessed by those coming from CR 42 and going down by the church, but he understands that there is no legal access there. The other is a smaller portion that would limit the trucks being on Fisherman’s Road, and in this residential neighborhood. He did not feel that Mr. Wright’s concern was getting farm equipment in there, but it was the future development of the property. Commr. Cadwell stated that he understands that they are on a short time frame with the judge, but he will make a motion for the Board to reject this and that they request Mr. Minkoff to ask the judge for a delay, or postponement, in the case, while they continue to work out a legal access. Commr. Cadwell stated that he does not feel that they have exhausted every avenue they have to get this issue settled.
Commr. Hanson stated that she would think that this would be a good suggestion, but she also knows that they need to be very careful that they get the resolution prior to the judge making the ruling, so time is critical here.
Mr. Bruce Duncan, Attorney, stated that he is representing Ms. Brenda Bregg and several other property owners. Mr. Duncan asked those present in the audience to stand if they were in opposition to this settlement agreement, and approximately 12 people stood at this time. Mr. Duncan pointed out that, for the last several years, Mr. Wright has been servicing his orange grove by coming off of Fisherman’s Road and, for the 14 months that this road has been vacated, they have photographs of him, on at least three different occasions, taking care of his orange grove. Mr. Duncan stated that they are asking for a little bit more time, as pointed out by Commr. Cadwell, to allow the County time to further negotiate and find another alternative, otherwise they will be bringing those trucks in through that residential subdivision, which is the primary concern of his clients. Mr. Duncan stated that he and his clients are very appreciative of the work that Mr. Minkoff has done, as always, to try to come to a resolution that would satisfy everyone but, unfortunately, those trucks coming through the neighborhood is not something that his clients are willing to tolerate. They also understand the ramifications, if they should lose in court. He stated that they are happy to cooperate with the County, and they have provided information to the Board. In regards to any communication with the property owner, Ferrari, Mr. Duncan stated that he prepared a letter but, after some negotiation with staff, they decided that it would be better for the letter to come from the County, so they provided their draft letter to the County.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve to postpone any action on the Proposed Settlement Agreement in Wright vs. Lake County, and to ask the County Attorney to contact the judge handling the case and ask for additional time, while they continue to work out a plan.
Mr. Minkoff stated that staff will have to file a response by December 21, 2004 so, if staff cannot get the extension, they will file the response, and staff will defend the County’s position in the vacation suit.
Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0 vote.
COUNTY ATTORNEY’S OFFICE
Mr. Sandy Minkoff, County Attorney, presented the request to make an administrative part-time position into a full-time position in the County Attorney's Office and noted that they had discussed this at the Board Retreat, but there was really no motion made at that time.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the request, as noted.
Under discussion, Commr. Stivender questioned the fiscal impact, and Mr. Minkoff noted that he had reported to them that it would be less than $20,000 for both moves, and staff is working that out with budget now and will have it back to the Board at mid-year.
Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0
COUNTY MANAGER’S CONSENT AGENDA
ITEMS PULLED FOR DISCUSSION
ADDENDUM NO. 1
COVANTA SETTLEMENT/REFINANCING COSTS
Mr. Sandy Minkoff, County Attorney, stated that he had requested that Tab 19, the request regarding the Covanta Settlement, be pulled for discussion. Mr. Minkoff stated that this is the final Board action that is necessary to refinance the bonds. The bankruptcy court confirmed the settlement last week, and the County is moving forward. The pre-closing is scheduled next Monday, with the final closing on Tuesday. In regards to Tab 19, staff believes they have now reached a settlement with Wachovia Bank where they have agreed to accept $200,000 total, which means $100,000 from the County rather than the $225,000 that shows in the backup information before them today. In regards to the not to exceed amount of $5.8 million to Covanta, that is the total payment, most of which goes to property taxes. He believes staff has locked in an interest rate that is more favorable than the rate they reported to the Board when they approved the settlement. Staff has listed the fees, and the bond fee was a little higher because Mr. Tom Giblen has been working for two and a half years on this project, as they have gone along. Staff is requesting approval of the payment of funds, and the Resolution and all closing documents next week.
Commr. Stivender extended her thanks to Mr. Jeff Cooper, Support Services Director, who has done a tremendous job and stated that he thoroughly answered all of her questions during the process.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Program Analysis and Contract Management for approval of Direct Pay Voucher amounts for the Covanta Settlement and Refinancing Costs in the amount of $6,185,000.00; and Add. No. 1 - Item III.A.1. - the request from County Attorney for approval of Resolution 2004-201 authorizing the refunding of the County’s outstanding Lake County, Florida Resource Recovery Industrial Development Refunding Revenue Bonds (NRG/Recovery Group Project), Series 1993A; authorizing the signature on all closing documents for Covanta settlement and refinancing; and authorizing payment of closing costs and settlement payments.
REPORTS - COUNTY MANAGER
2005 LEGISLATIVE PACKAGE
Ms. Cindy Hall, Assistant County Manager, noted that there are 17 items being recommended by staff for the Board’s consideration that are included in the 2005 Legislative Package. Ms. Hall noted that 11 of them are similar to what the Board has seen in the past, and six are actually new items, as follows, which she explained in further detail:
Tab 3 - Fund Florida Public Library Construction Grants
Tab 4 - Funding for State Department of Health Fixed Capital Outlay for New Facility for Lake County Health Department
Tab 5 - Support Legislation that Assists with funding for County Emergency Operations Centers (EOC)
Tab 6 - Withhold Support from Legislation that Funds State Programs by diverting Trust Fund Monies from their intended Purpose by Assigning Unfunded Mandates to Counties
Tab 14 - Allow Lake County, in Cooperation with the Cities, to make Application for up to Three Enterprise Zones in Lake County
Tab 15 - Support Funding for the Design, Construction and Connection of Utility Lines to Convey Potable Water from, and Wastewater to, Seminole County Facilities to Service the Wekiva Falls Area
Ms. Hall pointed out that the Board has before them item 169A, which is a Resolution supporting the Second Judicial Circuit Court’s opinion to place the burden of funding for the juvenile detention on the State, and to oppose legislation at the special session in December, and also in the spring, which would be in conflict with that opinion.
Mr. Bill Neron, County Manager, noted that, if the Board approved the package, staff will be sharing it with the various lobbyists at the Florida Association of Counties (FAC), so they can work with them on their legislative priorities.
Commr. Cadwell noted that the special session will be December 13, 2004. He stated that and they had a meeting with Lieutenant Governor Toni Jenning and asked her to relay to the Governor that they really do not want to address the juvenile justice issue in the special session because, in that short of a time frame, there is not going to be way to solve it. They have the funds to budget for it this year, and they are asking them to do that and not to address it in the special session. They also approved the legislative agenda for the FAC, which he will supply to the Board members today.
Commr. Hill asked whether, under Public Safety, there were any training dollars for local officials helping them, if Lake County should have another hurricane, and Ms. Hall explained that she did talk to the FAC about that issue, and they have not yet formulated a position on that item. They are requesting that there be additional dollars in the State funding for assistance to counties who have disasters, but they have not formulated anything for training. If that is something that this Board would like to pursue, staff could work on that and perhaps work on it through the FAC because, last year, they pretty much took the position that anytime the FAC came forward with a request, they would honor their positions.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from County Manager for Approval of the 2005 Legislative Package, as presented, for presentation to the Lake County Legislative Delegation on December 8, 2004, including the addendum, Resolution 2004-195.
Mr. Sandy Minkoff, County Attorney, informed the Board that the Wekiva Committee held their first meeting last month, and they found that Senator Lee Constantine is planning on filing another bill this year to amend the legislation that was done last year. Mr. Minkoff stated that they have the budgeted funds, and the contract with Ms. Sarah Bleakley, Nabors, Giblin, and Nickerson, and he would like to have her start watching that bill for them.
It was noted that no formal motion was needed by the Board.
ADDENDUM NO. 1
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMPREHENSIVE PLAN AMENDMENTS/RESOLUTIONS
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that the Board had a meeting with the Local Planning Agency (LPA) last Tuesday, and one of the issues that came up at that meeting was the Comprehensive Plan cycle, which was previously adopted about three or four weeks ago. It was clear from that meeting that the Board wanted to discuss that further and possibly eliminate the second cycle and make that the Comprehensive Plan update for them, as opposed to entertaining any additional applications for a change. If that is the pleasure of the Board, the schedule that they have today would have the first application deadline as January 7, 2005, and the following deadline would basically be staff generated and Board generated. He explained that staff had received work reports from the Department of Community Affairs (DCA) for this year’s Comprehensive Plan Amendments, which had basically said that they would not like any of their amendments, until they update the Plan. He noted that they have a Resolution that establishes the other cycles, so staff would have to come back and introduce a new Resolution.
Mr. Sandy Minkoff, County Attorney, stated that the Board could authorize a new Resolution today, and they can get it done today without having to come back.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Growth Management for approval to proceed with the first cycle of Comprehensive Plan amendments as currently scheduled per Resolution Number 2004-193, dedicating the second cycle to the Comprehensive Plan update, with possible integration of any submission as they apply to the update, and to approve and authorize the County Attorney to prepare a new Resolution establishing other cycles.
Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, informed the Board that, in regards to their discussion about population projections, staff usually uses the Bureau of Economic and Business Research (BEBR) medium, and they are not BEBR high, based on their calculations and, as staff proceeds through the development of the Comprehensive Plan, they would like to use what they consider to be a reasonable projection, which is lower than the BEBR high and, with the Board’s concurrence, staff will proceed in that direction.
No formal action was needed by the Board.
It was noted that, upon the recommendation of the County Manager, Mr. Bill Neron, the Board cancelled the December 14, 2005 Board meeting.
No formal action was needed by the Board.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
Commr. Stivender noted the death of a recently retired employee and asked that everyone remember his family in their prayers.
Commr. Stivender noted that the Groveland parade is Saturday, the Howey parade is Sunday, and the employee Christmas luncheon will be Wednesday, December 15, 2004.
Commr. Stivender extended her thanks to the Board for the year she had as Chairman noting that it had been a stressful year for all of them.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PARADES/MOUNT PLYMOUTH/SORRENTO ADVISORY COMMITTEE
Commr. Hanson informed the Board that she was in the Mount Dora parade, which did not get rained out.
Commr. Hanson noted that she has met with the Mount Plymouth/Sorrento Advisory Committee, and she will keep the Board posted.
Commr. Hill extended her thanks to Commr. Cadwell for his leadership with the Florida Association of Counties (FAC) and stated that they look forward to his next year reign at the State level.
REPORTS - COMMISSIONERS HILL - CHAIRMAN - DISTRICT #1
Commr. Hill stated that, in the new year, she would like the Board to set up a strategic planning and goal setting retreat for the whole Board and Senior staff, to have the opportunity to identify some key issues that affect this County. She would like to have this scheduled in early January.
MONICA SCOTT/THE ORLANDO SENTINEL
Commr. Stivender recognized Ms. Monica Scott, an editor for “The Orlando Sentinel” who will be leaving to take another job in the Detroit area. She stated that she is thoroughly impressed with her personally and professionally and wanted to thank her for what she has done in the County, and she is sorry to see her go.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:48 a.m.
JENNIFER HILL, CHAIRMAN
JAMES C. WATKINS, CLERK