A REGULAR MEETING OF THE BOARD OF
JUNE 21, 2005
Lake County Board of
INVOCATION AND PLEDGE OF ALLEGIANCE
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
Commr. Hill recognized Chris Bell, City Manager of Fruitland Park, who was present in the audience.
Commr. Hill noted that the Board
will be having a reception for Cindy Hall, the new
Ms. Hall stated that she would like
to introduce her daughter, Ms. Kristy Dennis, and her daughter, Abigail, who
are here from Zephyrhills,
LAW RELATING TO SEXUAL PREDATORS
Cadwell stated that, before the Board recesses for the reception and, since he
will not be present for the rest of the meeting because he will attending the
Florida Association of Counties (FAC) conference, he wanted them to know that
some of the cities throughout the State, and now in Lake County, are looking at
zoning rules in regards to sexual predators.
He would hope that they would wait and let the
It was the consensus of the Board to proceed in the direction suggested by Commr. Cadwell.
At 9:05 a.m., it was noted that Commr. Cadwell left the meeting to attend the Florida Association of Counties (FAC) conference.
RECESS & REASSEMBLY
9:05 a.m., Commr. Hill stated that the Board will adjourn briefly, for the
reception in the rotunda for the new
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 20, 2005, Special Meeting, Budget Retreat, as presented.
CLERK OF COURT’S CONSENT AGENDA
Barbara Lehman, Chief Deputy,
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the following Clerk of Court’s Consent Agenda, Items 1 through 8, pulling Tab 7, as noted:
Request to approve the following Contractor Bonds:
6022-05 Alvin Barnett dba Barnett Construction, Inc. (Duplicate)
6106-05 Charles N. Hemsley dba REW Landscape Corporation
6381-05 Robert Potter dba RW Potter Construction, Inc.
6382-05 Stephen V. Flickinger dba C & S Electrical Services, Inc.
6383-05 Design & Development Enterprises, Inc. dba Clermont Security &Sound, Andrea Thompson
6384-05 Stanley Etayo dba Stan’s Plumbing Services, Inc.
6385-05 Frankie D. Colburn dba Franky’s Electric, Inc.
6386-05 Ricky Ridenhour dba Ridenhour Concrete & Supply, Inc.
6387-05 Don Galbreath dba Site-Crete Construction, Inc. (Concrete, Construction & Landscape.
6388-05 Change bond number from OFL551772 to OFL551771 and Change name of the principal to: Arto Enterprises Inc dba Tod Orazi Heating & Cooling
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.
Ordinances – Mascotte
Request to acknowledge receipt of the following:
Notice of Taxing Authority – Pursuant
to Section 163.346, Florida Statutes, the Mascotte City Council gives its
notice to adopt a resolution approving and adopting a community redevelopment
plan for the community redevelopment agency created by Resolution No.
2005-03-350 adopted on April 11, 2005, and the community redevelopment area
described in Resolution No. 2005-03-349 adopted on February 11, 2005. The public hearing will be held on June 13,
2005, beginning at 6:30 p.m., or as soon thereafter, at the
Notice to Taxing Authorities –
Pursuant to Section 163.346, Florida Statutes, the Mascotte City Council gives
its notice to adopt an ordinance pursuant to Section 163.387(1), Florida
Statutes, creating and establishing a redevelopment trust fund for the
community redevelopment agency created by Resolution No. 2005-03-350 adopted on
April 11, 2005, and the community redevelopment area as described in Resolution
No. 2005-06-352 adopted June 13, 2005, and providing for the funding of such
trust fund. The public hearing will be
held on June 27, 2005, beginning at 6:30 p.m., or as soon thereafter as
possible, at the
Request to acknowledge receipt - Before the Florida Public Service Commission – Notice of Commission Hearing and Prehearing to KMC Telecom III LLC, KMC Telecom V, Inc., KMC Data LLC, Sprint-Florida, Incorporated and All Other Interested Persons – Docket No. 041144-TP – Complaint Against KMC Telecom III LLC, KMC Telecom V, Inc., and KMC Data LLC for Alleged Failure to pay Intrastate Access Charges Pursuant to Its Interconnection Agreement and Sprints Tariffs and for Alleged Violation of Section 364.16(3)(A), F.S., by Sprint-Florida, Incorporated – Public Hearing will be held July 12, 2005, as noted; Prehearing Conference will be held June 20, 2005, as noted.
Ordinance - Mascotte
Request to acknowledge receipt from the City of Mascotte – Ordinance No. 2005-05-381 Annexing Certain Real Property into the City of Mascotte Upon the Voluntary Petition of the Owner Filed by Lynn Giddens, as described; and by Lisa Anne Gonzalez Estate (Nicole Booth and Christopher A. Gonzalez, a Minor), as described.
Request to acknowledge receipt – a
copy of the City of
Deer Island Community Development District
Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2006, for the Deer Island Community Development District, in accordance with Chapter 190.008(2)(b) of the Florida Statutes.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17, with the correction to Tab 3, Item 4, as noted, and Addendum No. 1, Item I.A.1., as follows:
Budget Transfer – Road Repair and Maintenance
Request from Budget for a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $100,000.00 from Road Repair and Maintenance to Road Materials and Supplies. Additional material (such as limerock, asphalt emulsion, rock and sod) has been used this year for road repairs. Additional funds needed for the remainder of the year. Funds available in Road Repair and Maintenance. One budgeted drainage improvement project (Montclair Subdivision $100,000.00) qualifies for the use of stormwater funds, leaving funds available for this transfer.
Budget Transfer/Road Operations/Professional Services
Request from Budget for a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $40,000.00 from Contractual Services to Professional Services. Additional funds are needed for engineering consulting services related to surveying, drainage, and geotechnical repairs or improvements. Funds available in Contractual Services, which will leave a remaining balance after this transfer of $123,105.00.
Budget Transfer/Special Services Division/Sidewalk Project
Request from Budget for a budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, Special Services Division. Transfer $38,550.00 from Resurfacing to Sidewalks. The Sidewalks account has a balance of $439,900.00. The South Lake Trail project is budgeted at $401,155.00, leaving a balance of $38,745.00. The CR-48 sidewalk project requires $77,295.00 to complete with additional LAP funding. Additional funds of $38,550.00 are needed to complete the project. Funds available in Resurfacing account, which has a balance of $1,116,722.00.
Budget Transfer/Information Technology
Request from Budget - Capital Substitution – General Fund, Office of Information Technology. Substitute funds of $34,854.00 within Machinery and Equipment. Funds needed for disk array ($21,548.00 – to backup data) and a laptop computer ($2,523.00 – configure with server images). Funds are also needed for a firewall ($4,386.00), firewall appliance ($5,015.00), and server for secure gateway firewall ($1,382.00) for new fiber connectivity and network configuration. Funds available in Machinery and Equipment from funds budgeted for network gateway security appliance.
Budget/Resolution/Assessment Roll/Fire and Rescue
Request from Budget for approval and authorization to execute Resolution 2005-95 which initiates the annual process for preparation of the Assessment Roll, authorizes the publication of the advertisement for the public hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of Fire and Rescue Assessment fees for the Fiscal Year beginning October 1, 2005.
City of Leesburg/Library/Interlocal Agreement/Budget Transfer
Request from Community Services for approval to grant the City of Leesburg $500,000.00 from the Library Impact Fee Fund for the Leesburg Public Library construction project, as recommended by the Lake County Library Advisory Board, and approval and signature of an accompanying Interlocal Agreement for payment of the funds to the City, pending County Attorney approval; and approval of related budget transfer from Reserves in the amount of $500,000.00.
Request from Community Services for approval to subscribe to online reference databases through Thomas/Gale for the Lake County Library System. Fiscal Impact noted: $49,820
Byrne Grant Funds/Community Services
Request from Community Services for approval of distribution of Byrne grant funds among seven local jurisdictions; signature on seven original letters of support; approval for submission of applications for the Sheriff for School Resource Officer III and Technology Improvement Program I; and signature on grant documents including application, certificate of acceptance, EEO certifications, and subsequent grant related documents (contingent on County Attorney review and approval).
Grant/Drug Free Communities/FDLE
Request from Community Services for approval to submit
Drug Free Communities grant application, made available through the Florida Department
of Law Enforcement, in the amount of $45,000.00, contingent upon
Purchase and Sales Agreement/Commerce Park/RealVest Development, LLC
Request from Economic Development for approval and
execution of a Real Estate Purchase and Sales Agreement between Lake County and
RealVest Development, LLC for the Purchase of Lot 3 and a portion of Lot 4,
Phase I, Christopher C.
Assessment Resolution/Solid Waste
Request from Environmental Services for approval and authorization of the Initial Assessment Resolution 2005-96 for Collection, Management, and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2005-2006 and each fiscal year thereafter until discontinued or changed.
Fishing Pier/Lake Idamere/Bids/Schippers Marine Construction, Inc./Budget Transfer
Request from Procurement Services for approval to award
the contract for Construction of a Fishing Pier at
Returned Funds for Maintenance/Sugarloaf Meadows
Request from Public Works for approval and authorization to return funds for maintenance in the amount of $10,682.00 posted for Sugarloaf Meadows. Sugarloaf Meadows consists of 10 lots – Commission District 3.
Letter of Credit/Bridges Glen
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $13,200.00 posted for Bridges Glen. Bridges Glen consists of 15 lots – Commission District 3.
Final Plat/Harbor Hills Phase 4
Request from Public Works for approval and authorization to accept the final plat for Harbor Hills Phase 4 and all areas dedicated to the public as shown on the Harbor Hills Phase 4 plat. Harbor Hills Phase 4 consists of nine lots – Commission District 5.
Interlocal Agreement/City of Mount Dora/Traffic Signal Maintenance
Request from Public Works for approval to enter into
an Interlocal Agreement between the City of Mount Dora and
Tentative Work Plan Budget/Arthropod Control
Request from Public Works for approval and signatures on the Tentative Work Plan Budget for Arthropod Control for Fiscal Year 2005-2006. Fiscal Impact noted: $38,025
Performance Bond/Maintenance Bond/Developer’s Agreement/FL Land Partners, LLC
Request from Public Works for approval and authorization to release a Performance Bond in the amount of $273,108.00; release a Performance Bond in the amount of $3,581,361.85; accept a Maintenance Bond in the amount of $362,554.65; execute a Developer's Agreement for Maintenance of Improvements between Lake County and FL Land Partners, LLC; and execute Resolution 2005-97 accepting the following roads into the County Road Maintenance System: Green Forest Drive (County Road Number 5586), Deep Springs Loop (County Road Number 5586A), Wagonwheel Court (County Road Number 5586B), Green Gardens Court (County Road Number 5786), Greenwood Crossings (County Road Number 5885), Ridge Link Road (County Road Number 5986), Panther Ridge Road (County Road Number 5984B), High Pines Drive (County Road Number 6086), Pinegate Trail (County Road Number 6086A), and Totem Pole Terrace (County Road Number 6087A) all relating to Lakewood Ranches. Lakewood Ranches consists of 149 lots – Commission District 5.
ADDENDUM NO. 1
Advertise Changes to Positions/Florida Retirement System
Request from Employee Services for approval to
advertise changes to the positions designated by
Commr. Hill introduced Judge Donna Miller who was present in the audience and stated that the Board appreciates her being here today.
PRESENTATION: UPDATE OF
Teresa Watkins, University of Florida/IFAS, Institute of Food and Agricultural
Sciences, the Florida Yards & Neighborhoods Program, appeared before the
Board to give a brief overview of what she has been doing in the last two years
with The Florida Yards & Neighborhoods Program, which educates homeowners
on the nine principles of landscaping that require water conservation, and
storm water runoff issues. The purpose of the program is to help resolve
nitrate and phosphorus pollution and conserve water. The cities and utilities that sponsor her
program do this under the auspicious of their permitting; they are required to
environmentally educate their consumers on storm water runoff and water
conservation for the National Pollutant Discharge Elimination Systems (NPDES)
permits, and their consumptive use permits.
There is some misconception about Florida-friendly landscaping and
hopefully today and, with encouragement through the Board, they can understand
this better. There are also
misconceptions of Xeriscaping, using rocks and cactuses and not having grass
and using all natives, which is not really applicable here in the State of
Commr. Hanson wanted to know if Ms. Watkins has a program, or whether her program is adaptable enough that it could be incorporated into the County’s development regulations.
Ms. Watkins noted that the program could be incorporated into the development regulations and, in working with Pierce Jones, the Green Development Standards are Florida-friendly standards, so the Florida Yards & Neighborhoods Program goes along with those and they have been included in the packet of information provided to the Board.
Commr. Hanson noted that she has been a strong proponent of this program for a long time, and she noted that a lot of trees in the County are not being trimmed properly when the commercial folks come in to trim them, and she wanted to know if there is a program, or whether Ms. Watkins can work with the County people, to address this issue.
Watkins explained that the
Commr. Hanson stated that this may be an issue that can be addressed by the Public Works Department, and staff can probably work closely with Ms. Watkins. She noted that she attended one of her workshops in Casselberry where the city put it on for the Public Works Department, which she thought was pretty innovative and might be something they could do that might be helpful for everybody.
Commr. Stivender clarified that staff needs to make sure that the program fits the County regulations, because right now the County requires the developers to put in all of this landscaping.
Commr. Hanson noted that it is possible that the County may put together and help sponsor a workshop that would bring in the city planners and County planners.
Ms. Watkins stated that the St. Johns River Water Management District (SJRWMD) had decided not to cost share any more on educational activities with the cities and counties. She would like for the Board to encourage the cities and agencies that already sponsor the program to continue to do so. In order to increase funding, she would like to be able to expand the program and reach everybody.
Commr. Hanson suggested that a person in the County in charge of smart growth and working with the Extension Service might have a part time staff that could work with Ms. Watkins, because the two would be so closely related.
PRESENTATION: GUARDIAN AD LITEM PROGRAM BY LALENYA J. ROBERTSON, CHAIR OF ADVOCATING FOR KIDS, INC.
Hill recognized Ms. Lalenya Robertson, President – A4K, and Ms. Karla Grimsley,
GALP Circuit Director, the Guardian ad Litem Program, who are here to make a
presentation to the Board about this program in
Ms. Lalenya Robertson, President – A4K, addressed the Board and stated that the Guardian ad Litem Program is a nonprofit community organization in support of children who have been abused, abandoned or neglected. Their Mission Statement is to raise funds for maltreated children in care of the State, and to provide community awareness and support of the Guardian ad Litem program and the needs of children in dependency proceedings; that every abused, neglected or abandoned child in Lake County would have a court appointed advocate to speak on their behalf; and never having to say no to a child in need. She pointed out the graph that reflected the number of child protective cases investigated from 1995 to 2004, which has almost doubled. In half a year, 7,970 cases have been investigated.
Karla Grimsley, GALP Circuit Director, addressed the Board and stated that the
figures reflected on the graph are the Lake County Child Abuse Statistics; Lake
County has one of the higher case loads; in the Fifth Judicial Circuit, or the
13th District, 4,000 cases have been investigated. In
Ms. Robertson stated that the backup includes information from the database of The National Center for Missing and Exploited Children, as well as information relating to the profile of a Guardian ad Litem.
Ms. Grimsley stated that she works with about 400 volunteers in this circuit, and they are exceptional citizens in their community. At this time, she recognized four Guardian ad Litems who were here today supporting this presentation, which included Ms. Robertson.
Robertson stated that there are 23 nonprofit organizations in the State of
Ms. Robertson stated that their collaborative efforts are included in the packet noting that, if someone cannot be a volunteer, he can be a benefactor and make a difference now.
Commr. Hill stated that she had wanted to do two things today, bring community awareness to this program and stress the need for more volunteers.
Commr. Pool felt that perhaps churches may not be as involved as they should be but Ms. Robertson noted that the churches they have contacted have been very receptive.
Commr. Hanson questioned whether they have been involved with Ms. Helena Osborne-Ponsi, Volunteer Coordinator for the County, because she has some programs that might be beneficial to them, one being the web site that is set up for volunteers, and Ms. Grimsley noted that they are registered through that site. Commr. Hanson stated that Ms. Osborne-Ponsi is going to have a volunteer fair in October at the fairgrounds and any organization that is in need of volunteers could be there, and she suggested that they work with her.
Commr. Pool noted that the County has a great retirement community, which may not be aware of the need for volunteers; he suggested that they contact the homeowners associations.
Ms. Robertson and Ms. Grimsley explained that the press in The Villages did a very in depth coverage of them, and they were able to get about 60 trained certified volunteers.
Commr. Stivender stated that a lot of the retirement communities are in her district, and she would be happy to go with them when they make their presentations.
Pool stated that this should be a statewide issue of concern and questioned
whether there are any states in the nation that far exceed expectations, or any
county currently doing a better job that
Grimsley stated that she was not aware of any that do a better job, and she
does meet with the State directors for the Guardian ad Litem Program. It is a state collaboration and
Hanson stated that the problem starts far beyond when the Guardian ad Litem
Program comes into the picture, and that is the reason the County started the
Childrens’ Commission for prevention and intervention, but it is not enough
Ms. Robertson reminded the Board that, if people cannot volunteer, they can be a benefactor; the nonprofits need money to help the children because the State does not fill the gap for children’s needs.
Travis Whigham, who was in the audience, requested that they publicize their
phone number and web site and noted that he may want them to speak to his group
PRESENTATION: PROCLAMATION 2005-80 TO P. H. POLK
Commr. Hill noted that Commr. Stivender will be making the presentation of the Proclamation to the Polk family.
Commr. Stivender stated that she would like to thank Dr. Diane Kamp, from the County Historical Society, and Mr. Greg Mihalic, Director of Economic Development/Tourism, for bringing this forward to the Board. At this time, she asked that Ms. Thelma Polk Collier, daughter of Mr. P. H. Polk, come forward to accept the Proclamation. She noted that Ms. Collier has her husband with her today, and her brother, Donald, was unable to attend. Commr. Stivender stated that she would also like to thank the Natural Museum of Art for displaying the work of Mr. Polk at the museum in Eustis. At this time, Commr. Stivender read Proclamation 2005-80, which was approved by the Board on May 17, 2005.
Thelma Polk Collier addressed the Board and stated that it is an honor for her
to be here today to receive this resolution for her father’s work and, on
behalf of her family, it is such a joy to see that his work is still being
recognized and that the family can share what he has done over the years. She stated that her brother sends his regrets
that he is not able to attend today. She
wanted to thank the Natural Museum of Art for having the exhibit, so that they
can continue to share his work, and she wanted to thank Mr. Mihalic for
recommending that this Proclamation be presented and certainly to the
response to Commr. Stivender’s question about whether any photos were of her
and her brother, Ms. Collier stated that they were of her twin brothers and her
oldest brother who is deceased, and their was a picture of her mother. Her father did over 200 photos of George
Washington Carver and presidents and, he not only photographed famous people,
he photographed the average person. He
was a very humorous person and very outgoing and really loved to share his
photographs. She stated that they are
happy that he is being recognized and that he was recognized before he passed
and it is really a great honor to be here to receive this. Ms. Collier noted that her brother lives in
Commr. Hill noted that the History Channel had a documentary on Dr. Carver, and there were a lot of photographs shown and Ms. Collier noted that they were more than likely her father’s work, because he was a very good friend of Dr. Carver.
CITIZEN QUESTION AND COMMENT PERIOD
Jay Crawford, Country Club of Mount Dora, addressed the Board to ask for their
support in erecting a noise abatement wall for three-tenths of a mile in an
area adjacent to the Country Club of Mount Dora when
Hanson stated that she did meet with Mr. Crawford previously and he did give
her the packet, which she distributed to all of the Commissioners. She stated that, because improvements are
going to be done on
Mr. Jim Stivender, Director of Public Works, was present and acknowledged that this item will be addressed during the design phase.
Ed Gresham, Country Club of Mount Dora, addressed the Board and stated that his
home backs up to
3-1-1 Direct Line to Local Government Services
Roy Hunter, Northeast Lake Chamber of Commerce, and
Spring Creek Elementary
Hunter stated that, even though Commr. Cadwell is not present, he wanted to
thank him for speaking in his behalf last week, because there was no citizen
input, but he was kind enough to talk about
Commr. Hanson stated that the results in that school have been fantastic ever since it was built, and it was built in an area that has a very high poverty rate.
Mr. Hunter stated that the school is rated at 70% for the free reduced lunch program, and if a student has the leadership and love and discipline given by this school, he will achieve, and the students do achieve.
Commr. Hill stated that, to address the 3-1-1 issue, the Board did have a meeting at the Ken Bragg Center several years ago, and they discussed the 2-1-1 program, and they did look at that quite extensively, as well as the providers for that system. It was a governor’s initiative at that point to have the entire State on 2-1-1, but they did look into providing something for the whole community.
Bruce Thorburn, Public Safety Communication Systems Director, explained that
3-1-1 is a 9-1-1 system but for non-emergency contacts; 2-1-1 is a
non-emergency 9-1-1 system for medical/health or community service issues. There was a 2-1-1 bill passed in the
legislature this year with $5 million of seed money, which will not even pay
Mr. Travis Whigham stated that he wanted to thank Commr. Cadwell for bringing forth the issue concerning child predators because, with all of the cities basically wanting to force them out of the cities, they are all going to come into the County region. He stated that they would be better off in the cities, because the cities have better police protection and better ways to facilitate things all the way around whereas the County, because it is so large, does not have the ability to provide the same type of services.
Whigham stated that the
Mr. Whigham addressed the impact on schools and roads from development and stated that he would like to see if there is a way to have developers pay for 100% of the school impact, as a result of rezoning their development projects and changing land uses because, right now, the school impact fees do not take care of the school problems. He stated that, if they get the money upfront from the developers, as the homes are being put in, they could be building and adding on to schools for the children that are going to come into these homes. He also wanted to know if there was a way to legally get a new school superintendent.
Commr. Hill explained that the subject of the school superintendent is a school issue, not a County issue, and Mr. Whigham is welcome to talk to the school attorney. She noted that the citizens spoke on the issue when they voted to elect rather than appoint a superintendent.
Commr. Pool stated that he wanted to address Mr. Whigham’s comments about development, and the idea that development is occurring at six to seven units per acre, because he does not know of any development that this Board has ever approved at that intensity; they are not even doing four units per acre. He wanted to make sure that Mr. Whigham understands that it was not the County approving this type of intensity, but it may have been some of the cities.
Commr. Hanson pointed out that most of the land use changes in East Lake County were approved at least 20 years ago, which are the ones that the public sees being developed today, and these are the ones that they assume the Board has just recently approved.
Mr. Whigham addressed the process the Board will be taking in developing a new Comprehensive Plan and stated that he is concerned that it will change the development pattern in his area and cause a much greater impact to schools and roads and affect those who selected country style living.
Commr. Stivender explained that public comments are being taken to begin their discussions on the new Comprehensive Plan; they are taking public comment by survey on their web site. She suggested that Mr. Whigham present his comments to Ms. Amye King in Growth Management.
Whigham thanked the Board for all they have done for the
CAPITAL PROJECT FUNDING RECOMMENDATIONS FISCAL YEARS 2005-2007
Ms. Regina Frazier, Budget Director, stated that staff has a request for approval of the three year Capital Improvement Plan that they presented at the Budget Retreat, as shown in the backup. Ms. Frazier presented the following updates to this plan: funding for the Capital Projects Staff Funding ($570,000) was removed and it will be funded out of the General Fund; PEAR Park grant has now been awarded ($400,000) so that will be in the budget for next year; modifications for the BCC Records Storage Facility ($509,200) may not be enough, if they climatize the building, so they may want to move some of the staff funding dollars to that area; they have moved $2.4 million out of the facilities reserves which is being used right now for some road projects and that money will have to go back in order to maintain this listing over the next three years.
Commr. Stivender pointed out that these are projects the Board approved and asked to be moved forward, and Commr. Hill noted that the Board did prioritize many of these at their workshops.
Commr. Stivender pointed out that she sees the Umatilla Health Clinic on the list, but not the Leesburg, Tavares, or South Lake Health Departments, and Ms. Frazier noted that they are not funded at this time.
Ms. Cindy Hall,
Commr. Stivender noted that there was an issue about the South Lake Clinic, and Commr. Pool pointed out that the facility is so small that he did not think that they could renovate and make any difference there with the size of that clinic; they need a facility or a lease space that is larger than what is there today. As noted, it is not in the plan at this time.
Commr. Hill pointed out that another reason relating to that issue is that, as they all know, Rodger Amon has left the position as Director of the Lake County Health Department, and the State is in the process of hiring a new director, from recommendations received from the County, and they do not know the goals of this individual, or whether that individual is going to want to do a reassessment of these facilities, but there are a lot of things that were put into the works that they are still going to go ahead with, one of them being the mobile unit, but she thinks that the Board will get more input when the new person comes on board.
Commr. Stivender questioned whether there had been a decision on the Leesburg Clinic and whether they were going to sell that property, and Ms. Hall explained that a decision has not been made yet, but she will be glad to bring that to the Board for consideration.
Commr. Stivender wanted information on the Conserv II property, and Mr. Sandy Minkoff, County Attorney, explained that staff has not gotten the two contracted appraisals back yet; he spoke with Orange County a week or so ago and indicated to them that the County is still interested and, hopefully, within the next couple of meetings, staff will be able to give them an idea of the cost.
Commr. Stivender referred to the notations on the back of the revised project recommendations and noted that they are spending more money in the road project area than they actually have available and questioned whether they have a plan on how to proceed, because it is the Board that is pushing the road projects, and they have told Public Works to do them, but they need to know how they are going to address the necessary funding.
Ms. Hall explained that, a couple of meetings ago, they moved some money from reserves into the road program to finish out this year. She stated that it is very possible at the beginning of the next fiscal year that they may need to issue the line of credit, and they need to make sure they have cash flow for the road projects.
As reflected in the backup, it was noted that, in addition to the funding listed, there is $15 million allocated in a line of credit for use on capital projects when sales tax cash is depleted. The allocation is $7.5 million for road type projects, and $7.5 million for facility type projects; there have been no draws on this line of credit.
Commr. Hill noted that the Board has not used any of the line of credit at this time, but they do have it available at such time that they need to alleviate the cash flow and, before that is done, it will come back to the Board.
Hanson referred to the $500,000 noted for the land purchase for the
Commr. Stivender questioned the status of the consultants the Board hired to do the conceptual design for the judicial center, energy plant, and other structures, and Ms. Hall explained that the Evaluation Team meets on July 13, 2005; those proposals are in and they will begin the process.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the Capital Project Funding Recommendations for Fiscal Years 2005 through 2007, as noted.
Under discussion, Commr. Pool stated that, as they go forward, things can change, and the Board did mention some items that will have to be addressed in the future.
Commr. Hill stated that this will give staff a set direction.
Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Stivender wanted to commend Ms. Julia Wilson, Senior Budget Analyst &
Assessment Manager, Ms. Regina Frazier, Budget Director, and Ms. Cindy Hall,
APPEAL/REFUND OF IMPACT FEES/CLERMONT YACHT CLUB
Ms. Regina Frazier, Budget Director, addressed the request which deals with an appeal of denial for a partial refund of impact fees in the amount of $37,444 on 16 town homes in the Clermont Yacht Club to Edginton Enterprises, Inc., in accordance with Section 22-17 of Lake County Code. The request was denied based on the fact that the Ordinance requires that the refund be requested within a 180 day time period. The applicant was not aware of the error; it was due to the definition of a town home based on the building code versus the definition on the impact fees. When the building permit was issued, staff used the building code definition; so the applicant was not aware there was an error until they came in to pull some additional permits.
Commr. Hanson stated that, if it had been within the 180 days, there would not have been a question, and she wanted to know how many days it was beyond the 180 days.
Ms. Frazier noted that it was December 16, 2003.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board recommended that they approve the refund, as noted.
APPOINTMENTS/COMPREHENSIVE HEALTH CARE COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the appointment of Phillip Braun as Leesburg Regional Medical Center's alternate member representative, and R. Patton McConnell serving as primary member representative on the Comprehensive Health Care Committee.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the appointment of Carol Jensen to the vacant District 3 position on the Elder Council (rescheduled from June 6, 2005 BCC Meeting).
ORDINANCE /SPECIAL ASSESSMENT PROGRAM
Mr. Sandy Minkoff, County Attorney, addressed the request for approval to advertise an Ordinance amending Chapter 18, Article III, Lake County Code relating to the Special Assessment Program and noted that there would be some minor changes mainly aiming at allowing them to include the water project the Board discussed a couple of months ago, to allow folks to hook up to the public water supply. Staff will get comment from the Budget Department before it comes back to the public hearing.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request to advertise an Ordinance amending Chapter 18, Article III, Lake County Code relating to the Special Assessment Program.
RESOLUTION/EMINENT DOMAIN/FIRE STATION/LAKE JEM AREA
Commr. Stivender explained that this site was one of the suggestions made a couple of years ago, and it has now moved forward and she would appreciate the Board’s support.
Mr. Minkoff explained that the property owner is very opposed to the sale, so it will be a very unfriendly condemnation. He noted that this is an old time property owner, and he is not interested in selling any of his property. There are no homes in this area; the railroad track is on one side; they wanted to keep the station on the south side of the track; there were really only two property owners from Venetian Village all the way back into Tavares; and neither one of them was interested in selling.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved Resolution 2005-98 instituting eminent domain proceedings for acquisition of a new fire station site on CR 448 and Shirley Shores Road in the Lake Jem area and approved to proceed with the pre-suit negotiation offer.
Commr. Stivender wanted to than Mr. Gary Kaiser, Public Safety Director, and GIS, and Mr. Minkoff for their work on getting this done.
Sandy Minkoff, County Attorney, addressed the request regarding the purchase of
Ferndale Preserve on Lake Apopka and stated that staff is asking for authorization
to complete the closing of the property.
Staff has contacted Ferndale Preserve, and Ms. Melanie Marsh, Assistant
County Attorney, will provide the Board with an update on where they are with
the closing, and some issues they have had with the St. Johns River Water
Management District (SJRWMD). When she
is done with her report, he would like to bring to their attention an issue
with The Trust for
Melanie Marsh, Assistant County Attorney, explained that staff had originally
anticipated closing on the
Mr. Minkoff explained that their recommendation from staff, and Ms. Cindy Hall, County Manager, is that, even if the SJRWMD elects not to participate, they still go forward because the property purchase was an appraised amount from awhile back so it is probably worth significantly more than the appraisal, and they are still getting 75% of the contribution from FCT plus the Water Authority contribution. Staff would like to continue to work with the SJRWMD to see how they can work that out but not to have that as something that would kill the acquisition.
Commr. Stivender stated that this was going to be her recommendation because they need to keep moving forward.
Minkoff stated that the Board has an option agreement with The Trust for
It was noted that the Commissioners strongly agreed with Mr. Minkoff’s recommendation, as stated.
Commr. Pool stated for the record that he will abstain as he has in the past from voting on this issue because his brother-in law owned the property in the past and, while he does not own it today, he does not want an appearance of special gain.
Mr. Minkoff stated that the staff recommendation is still that they go forward with this purchase and they complete the purchase, and to approve the request to authorize the Chairman to sign any of the necessary closing documents.
In response to a question from Commr. Hill regarding how high the possibility was that they will not want to fund this,
Ms. Marsh responded that the conversations that she has had with the SJRWMD centered around whether there was a legal rule and that they cannot be on the deed and, in the Administrative Code, it says they cannot be on the deed because they are not an eligible recipient, so now it is just the matter of going back to their board. In the past, they have taken Conservation Easements rather than being on the deed; she did not know why they were requiring it in this particular circumstance.
At 11:05 a.m., it was noted that Commr. Pool left the meeting.
Doug Hattaway, The Trust for
Minkoff clarified that, in this instance, The Trust for
Mr. Hattaway stated that, in this case, Keith Hogan was one land owner, and he did sign a confidentially agreement, and his sense is that he probably would not have a problem with sharing the amount but, if the County were to call the other land owners, they would probably put in their own words a different perspective of whether that should be public knowledge or not because they consider it their private affair.
Mr. Minkoff clarified that the land owners signed an agreement not to disclose, so they would be in breach of contract if they did disclose information. He stated that one of the problems with this is that there really are not two transactions; there is really only one; their option with the property owners was not exercised until after the County had applied for and received the FCT grant and had the option agreement with the County. While there were two steps, this really has been one transaction that has occurred. The Trust for Public Land has taken the position they will not disclose so, in the future, when it comes forward, staff will bring that language to the Board, and they can decide with a particular case on how they would like to proceed but they will not get caught in a position where they do not have the leverage to either make them disclose or not do the transaction.
Mr. Hattaway explained that he had offered to Mr. Minkoff a alternative way of approaching this and would be willing to work with him so that, earlier on in the process, if it looks as though they would be receiving a charitable contribution from a land owner in excess of some type of threshold, then they would let them know up front that they would be getting a very generous charitable contribution but, if anything goes below that threshold, he would suggest that they let them continue doing their work and let this remain between the land owner and The Trust for Public Land.
Commr. Hill explained that this was one of those that came before the Board before the referendum actually passed; she did think that they needed to go back and set some policy and have some discussion before the next one comes forward because this one came before they were set for it but the property was available. She would appreciate and feel more comfortable if Mr. Minkoff would bring back some policy as to how they are going to proceed.
Hattaway noted that The Trust for
Mr. Minkoff stated that staff needs authorization for the Chairman to sign the closing documents and hopefully, they will close in July and that will be with or without having the SJRWMD issue resolved but staff will keep working on that.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a 3-0 vote, the Board approved to authorize the Chairman to sign any and all documents necessary to close the transaction for the purchase of Ferndale Preserve on Lake Apopka.
Commr. Pool declared a conflict of interest and abstained from voting on the issue.
At 11:15 a.m., it was noted that Commr. Pool returned to the meeting.
APPEALS/STEVENOT VS. LAKE COUNTY/SETTLE AGREEMENT
Ms. Cindy Hall, County Manager, reported that staff has received notification from the Florida Emergency Preparedness Association that Jerry Smith, Director of Emergency Management, has been awarded the Florida Professional Emergency Manager Designation, the highest honor of professional achievement available from the Association, which is very good for him, and also very good for the County.
PUBLIC SAFETY/ISO RATING
Mr. Gary Kaiser, Director of Public Safety, addressed the Board and stated that this has been a two year program, and staff will continue to strive to improve these numbers, and where they put their dollars, and program emphasis in the future will be geared toward bringing that down further.
Commr. Stivender pointed out that this is a savings to the taxpayers that will show on their insurance bills.
Commr. Pool stated that this is a step in the right direction and something that they have been working on for a long time. He wanted to make sure that the information is provided to the citizens so that, when they ask for an insurance quote, they can give them a different rating and, even though it may not be a lot of money, in some situations it can be a lot of money.
Mr. Kaiser noted that the ISO does notify the insurance companies, but staff will get the information on the web site and will follow up on all of this.
Commr. Hill thanked Mr. Kaiser for putting on the program yesterday for Emergency Management, and she asked him to relay that to Mr. Jerry Smith, Director of Emergency Management, who did an excellent job putting that together. She has gotten a lot of nice comments from local officials that were here earlier this morning.
Pool reported that last week they had a West Orange-South Lake Transportation
Task Force (Task Force) meeting, with T. J. Fish, Executive Director,
Lake-Sumter Metropolitan Planning Organization (MPO) being present. He explained that the main concern of the
Task Force was the Highway 50 corridor, and their attention is now focused on
that with the help of Representative Randy Johnson, the Task Force, and the
Board. The next project of great
importance will be, on the
Commr. Hill noted that last Friday, Commr. Pool received the “Gem of the Hills” award from the South Lake Chamber of Commerce, along with Representative Randy Johnson and Mayor John Vanderley of Ocoee, for their efforts on the Highway 50 corridor, and she wanted to extend her appreciation to him for his work on this matter.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 2005-99 declaring the month of June as Safety Month in Lake County.
DIRT ROAD INVENTORY
Commr. Hill clarified that the dirt road inventory presentation will be heard by the Board on July 12, 2005; not July 17, 2005 as mentioned earlier by Mr. Travis Whigham.
Commr. Hill noted that the Board wishes Commr. Cadwell good luck as he is inducted as President of the Florida Association of Counties (FAC).
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:25 a.m.
JENNIFER HILL, CHAIRMAN
JAMES C. WATKINS, CLERK