A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 15, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, November 15, 2005, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Debbie Stivender; and Robert A. Pool. Commissioner Welton G. Cadwell was not present. Others present were Melanie Marsh, Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

INVOCATION AND PLEDGE

Commr. Hill gave the Invocation and led the Pledge of Allegiance.

RECOGNITION

Commr. Hill welcomed Ms. Carol Cadwell’s fifth grade class from Umatilla Elementary School. The students will meet with Representative Alan Hays (R-Umatilla) and Senator Carey Baker (R-Eustis) in the rotunda after the first presentation on today’s agenda.

AGENDA UPDATE

Ms. Hall noted the following updates to the agenda. The amount of the budget transfer under Tab 3, Item 2, is $1,297,346.00; the presentation on the branding initiative will be postponed until November 22, 2005; Tabs 26 and 27, public hearings on two proposed ordinances, will be rescheduled and advertised for 5:05 p.m., December 6, 2005; there is an Addendum No. 1 with a County Manager Consent Agenda item and a presentation on behalf of Hospice of Lake and Sumter, Inc.

Ms. Marsh stated that the County Attorney is adding a request for approval to hire an attorney for conflict counsel for the Value Adjustment Board; and adding a request for an extension of time on a purchase agreement with RealVest for property in the Christopher C. Ford Commerce Park.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved to add the two items requested by the County Attorney to today’s agenda.

Commr. Hill stated that she will present a request from the University of Central Florida regarding support for a medical school facility. The discussion will be held under Commr. Hill’s reports.

MINUTES

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the Minutes of October 18, 2005, Special Meeting, as presented.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the Minutes of October 18, 2005, Regular Meeting, as presented.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved the Minutes of October 20, 2005, Special Meeting, as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 9, as follows:

List of Checks or Warrants

Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

 

Contractor Bonds

Request for approval of Contractor Bonds as follows:

 

New

4766-07           Daniel M. Hayes

5467-06           David Sharp dba David Sharp Electric, Inc.

5499-06           Walter Sheme dba All Central Electric, LLC

5531-06           Gregory Sanders dba Fire & Ice Heating & Air Conditioning

5685-06           Edward P. Mueller dba Pike General Contracting, Inc.

5803-06           Raun Treible, Raun Treible Air Conditioning

5814-06           Paul J. Arroyo dba PJA Electrical Contractor

5889-06           May West Construction, Inc. (Aluminum)

6352-06           Robert B. Smith dba “B” Electrical, Inc.

6381-06           Robert Potter dba R.W. Potter Const. Inc.

6425-06           Shinedown Construction LLC (Carpentry)

6426-06           Drake Electric Service, LLC

6427-06           Mark A Adams dba Cool Zone AC Inc.

6428-06           Brian Kendall dba United Masonry, Inc.

 

Endorsements

390-06             Ram Electric USA, Inc. Bond Number from FL 107 to FL 9398.

4944-06           From Henry Electrical Company to Charles L. Henry, Jr. dba Henry Electric, Inc.

4944-06           Henry Electric Company. Bond Number from FL 140 to FL 9431.

5637-06           Southerland Electrical Solutions, Inc. From Bond Number FL 102 to FL 9437

6178-06           Integrity Signs, Inc. From Bond Number FL 106 to FL 9397

 

Rider

6426-06           From Charles Drake, Drake Electric Service to Charles Drake, Drake Electric Service, LLC (Bond No OFL0502736)

 

Southwest Florida Water Management District

Request to acknowledge receipt of the Minutes of the Governing Board of the Southwest Florida Water Management District for August 30, 2005.

 

City of Clermont, Florida - Annexation Ordinance

Request to acknowledge receipt of City of Clermont, Florida, Ordinance No. 522-M, providing for the annexation of certain parcel of land contiguous to the present City boundary, to-wit: The East 451.3 feet of Tract 60-A, Lake Highlands Company plat of Section 15, Township 22 South, Range 26 East, according to the plat thereof recorded in Plat Book 3, Page 52, Public Records of Lake County, Florida, also being described as the East 451.3 feet of the Southwest 1/4 lying South of the Paved Road (Old Highway 50, the same existed on June 22, 1971) in Section 15, Township 22 South, Range 26 East, Lake County, Florida, AND The East 775 feet of the North 1/2 of the Northwest 1/4 of Section 22, Township South 22 Range 26 East, Lake County, Florida. Passed and Ordained on Final Reading the 11th day of October 2005, by the City Council of the City of Clermont, Florida.

 

Unclaimed Excess Proceeds for Tax Deeds

Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $30,737.93. Transfer funds from Clerk’s account to the Board of County Commissioners’ account.

 

Town of Lady Lake, Florida - Ordinances

Request to acknowledge receipt of Town of Lady Lake Ordinances: Ordinance 2005-12 – Amending the text of Policy 1-9.1, Future Land Use Element. Ordinance 2005-13 – Amending Chapter 5, Lady Lake Land Development Regulations. Ordinance 2005-15 – Voluntary annexation – Hugh A. & Carol S. Baldock. Ordinance 2005-16 – Amending Ordinance No. 81-8-(83). Ordinance 2005-17 – Redesignating zoning classification – Baldock, Possee, and Smithgall Trust. Ordinance 2005-18 – Voluntary annexation – William L. & Katherine R. Hendry. Ordinance 2005-19 – Amending Ordinance No. 81-8-(83). Ordinance 2005-20 – Redesignating zoning classification – Hendry and Chapman. Ordinance 2005-23 – Voluntary annexation – Lake Saunders Grove Partnership, LLP. Ordinance 2005-24 – Amending Ordinance 81-8-(83). Ordinance 2005-25 – Redesignating zoning classification – Lake Saunders Grove Part., LLP. Ordinance 2005-48 – Rescinding Ordinance No. 2005-30 – Daniel A. Cangialosi.

 

Town of Lady Lake, Florida - Ordinances

Request to acknowledge receipt of Town of Lady Lake Ordinances: Ordinance No. 2005-34 - Permitting additional uses under CP zoning classification. Ordinance No. 2005-37 - Voluntary annexation - Gary and Debbie Tutor. Ordinance No. 2005-38 - Comprehensive Planning; Amending Ordinance No. 81-8-(83). Ordinance No. 2005-39 - Redesignating zoning classification - Gary and Debbie Tutor. Ordinance No. 2005-41 - Supplemental Education Assistance Fees. Ordinance No. 2005-42 - Creating a reclaimed water district. Ordinance No. 2005-43 - Amend Code of Ordinances - Elections and early voting. Ordinance No. 2005-44 - Amend Code of Ordinances - Sexual offenders. Ordinance No. 2005-44 - Amend Code of Ordinances - Use of town parks and facilities. Ordinance No. 2005-46 - Operating Budget for FY October 1, 2005-September 30, 2006.

 

Southwest Florida Water Management District

Request to acknowledge receipt of Southwest Florida Water Management District - Proposed Five-Year Water Resource Development Work Program - pursuant to Subsection 373.536(6)(a), Florida Statutes.

 

Clerk of Courts’ Excess Fees

Request to acknowledge receipt of Clerk of Courts’ Check #101770, which represents Excess Fees for FY 2004/2005, in the amount of $1,219,038.80.

 

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 18, and Addendum No. 1, I., as follows:

Budget

Request for approval of Fiscal Year 2004/2005, Budget transfer - General Fund, Constitutional Offices/Sheriff. Transfer $258,081.00 from Law Enforcement – Personal Services and $119,784.00 from Corrections – Personal Services to Law Enforcement – Operating Expenses ($164,378.00), Law Enforcement – Equipment ($93,703.00), Corrections – Operating Expenses ($116,929.00) and Corrections – Equipment ($2,855.00). Pursuant to F.S. 30.49, the Sheriff is requesting a transfer to cover expenditures.

 

Request for approval of Fiscal Year 2004/2005 - Budget transfer – Various Funds, Various Departments, in the amount of $1,297,346.00 is requested. County policy stipulates that actual expenditures cannot exceed the budget for a major object within a fund. A major object includes: Personal Services, Operating Expenses, Capital Outlay, and Debt Service. Actual expenditures were in excess of the budget for several major objects in various funds.

 

Request for approval of Fiscal Year 2005/2006 – General Fund, Non-Departmental, in the amount of $11,000.00 is requested. Funds needed to pay R. W. Beck, Consultant, for FEMA Appeals Support. Funds available in Reserve for Operations.

 

Request for approval of Fiscal Year 2005/2006 – Capital Substitution – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $30,801.00 from Machinery & Equipment (4x4 truck - $1,370.00, dump trucks - $19,303.00, mowing tractors - $10,128.00) to Machinery & Equipment (plate compactors - $3,897.00, mowers - $26,904.00). Three mowers need to be replaced due to repair/maintenance costs that are now exceeding $6,000.00 each per year. Three plate compactors need to be replaced as one cannot be repaired and the other two need to be repaired almost every time they are used. Funds available from other capital items that have been purchased under budget.

 

Request for approval of Fiscal Year 2004/2005 – Resolution 2005-186 to amend the County Transportation Trust Fund in order to receive unanticipated revenue for Fiscal Year 2004/2005 in the amount of $93,742.00 deposited into 9th Cent Gas Tax and provide appropriations for the disbursement for 9th Cent Gas Tax to Cities. The revenue will be received from the State of Florida.

 

Request for approval of Fiscal Year 2004/2005 – Resolution 2005-187 to amend the Road Impact Fees Fund in order to receive unanticipated revenue for Fiscal Year 2004/2005 in the amount of $221,162.00 deposited into County Incentive Grant Program ($140,042.00) and LAP Projects ($81,120.00) and provide appropriations for the disbursement for Roads. The revenue was received from the Florida Department of Transportation, County Incentive Program, for the design and engineering on County Road 470 ($140,042.00), and Local Agency Program for CR 466 at Rolling Acres Road ($81,120.00).

 

Request for approval of Fiscal Year 2005/2006 – Resolution 2005-188 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of $100,000.00 deposited into Comprehensive Plan and provide appropriations for the disbursement for Professional Services. Revenue will be received for the Public Schools Facilities Element Pilot Community, from the State-funded Subgrant Agreement.

 

Request for approval of Fiscal Year 2005/2006 – Resolution 2005-189 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005/2006 in the amount of $26,717.00 deposited into Contributions from Other Agencies and provide appropriations for the disbursement for Office Supplies, Office of Information Technology. Funds received from the Lake County Property Appraiser for the purchase of computer licensing for Fiscal Year 2005/2006.

 

Community Services

Request for approval to accept the Fiscal Year 2005-2006 Community Development Block Grant (CDBG) Agreement; authorize the Chairman to sign it; and direct the Department of Community Services to implement the programs covered under the Agreement.

 

Request for approval of recommended library closings for calendar year 2006.

 

Request for approval for Library Services to apply for small grants, monetary support and donations under $2,500.00 to support programming for the Lake County Library System and to allow the County Manager to sign documents associated with those requests. Library Services will notify the BCC in writing of grants applied for and will provide quarterly reports on grants received unless no grants are received in a quarter.

 

Request for approval to hold the Lake County Library System's Annual Festival of Reading and to solicit donations to support the event throughout the fiscal year.

 

Request for approval of 2005-2006 Agreement for Mental Health Services with LifeStream Behavioral Center.

 

Request for approval of Agreement with LifeStream Behavioral Center to provide funding to relocate Adult Day Services and Geriatric Programs.

 

Public Safety

Request for approval of updated Mutual Aid and Automatic Aid Agreements with Orange County; an Automatic Aid Agreement with Marion County; an Automatic Aid with the City of Clermont; a Mutual Aid Agreement with the City of Minneola; and an Interlocal Aid Agreement with the City of Mount Dora.

 

Request for approval and execution of Agreement to accept $48,895.00 from the State of Florida, Department of Community Affairs, for the State Homeland Security Grant (SHSG) Issue 08 and to hire a part-time temporary position.

 

Public Works

Request for approval and signature of Resolution 2005-190 to advertise Public Hearing for Vacation Petition Number 1056 by Henry C. and Janet M. Shupe, Representative Leslie Campione, P.E., to vacate a portion of the right of way, in the Plat of Springs Bath & Yacht Club, located in Section 17, Township 20 South, Range 25 East, in the Yalaha area. Commission District 3.

 

Request for approval and signature of Resolution 2005-191 to advertise Public Hearing for Vacation Petition Number 1068 by Howard Marshall, Representative Wicks Consulting, to vacate a portion of the Plat of Dora Pines Unit Two, located in Section 21, Township 19 South, Range 27 East, in the Mount Dora area. Commission District 4.

 

Request for approval to accept the following: two Drainage Easements, five Quitclaim Deeds, two Statutory Warranty Deeds, and one Non-Exclusive Easement Deed that have been secured in conjunction with roadway and/or stormwater projects. Total acreage donated 6.488+/- acres; total acreage purchased, 6.39 +/-; estimated total value of acreage donated, $98,365.68; total value of acreage purchased, $280,000.00.

 

Instrument/Grantor

Road Name

Rd#

OR BOOK/

PAGE

Donate

Prchse

Purpose

Acres

(+/-)

Est. Value

Drainage Easement

 

 

 

 

 

 

 

Fotheringham, David & Alice

Peru Road

7961

2963/1795

Donate

Drain. Maint.

.05

$801.38

Lake County Gateway LLC

S Lake Trail Phase II

 

2976/0513

Donate

Trail

Project

.50

$10,000.00

Quitclaim Deed

 

 

 

 

 

 

 

SAHR, LLC

Millstream

Drive

 

2981/1209

Donate

VP#

1061

1.1

$2,750.00

Cecilia R. Miller

S Blvd/

Deerhaven

 

2981/1241

Donate

Road Project

.086

$822.30

Burl Coffin

Access ease-

ment off

Fullerville Rd

8897

2981/1296

Donate

Access

Esment

1.81

$20,436.00

Cecil Gray

Access ease-

ment off

Fullerville Rd

8897

2984/1271

Donate

Access Esment

1.81

$20,436.00

City of Tavares

Lift Station-

Woodlea Rd

 

2984/1269

Donate

Ag Ctr

Renova-tion

.12

$600.00

Statutory Warranty

Deed

 

 

 

 

 

 

 

Burl Coffin

Access ease-

ment off

Fullerville

Rd

8897

2981/1301

Donate

Access

Esment

.66

$22,500.00

Ruth M. Sasser

CR42/19

 

2937/934

Prchse

Realign-

ment

6.39

$280,000.00

Non-Exclusive

Easement Deed

 

 

 

 

 

 

 

Patricia Berens;

Edward Hargroves;

Jason & Gail

Burgos

Dora Ave./

CR19A

 

2984/1263

Donate

Side-walk

.352

$20,020.00

 

Request for approval and signature on Resolution 2005-192 authorizing the posting of "No Parking on Right of Way" signs on the south side of Yale Circle (7043) between Eagle Pass Road and Echols Road in the Grand Island area.

 

Request for approval and signature on Resolution 2005-193 authorizing the posting of "No Parking on Right of Way" signs on both sides of the entire length of Independence Boulevard (2323) in the Christopher C. Ford Commerce Park in the Groveland area.

 

Request for approval and signature on Resolution 2005-194 authorizing to reduce the speed limit on CR 44A (6286) from Estes Road (5876) to Calhoun Road (6581), and on Lake Eustis Drive (4851) from US 441 to a point 2800 feet to the east.

 

Request for approval and execution of a Purchase Agreement with Faith Lutheran Church at Eustis, Florida, for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the Old Mount Dora Road (Number 4865) Project, located in the Eustis area in Section 23, Township 19 South, Range 26 East.

 

Procurement Services - Addendum No. 1

Request for approval to award the contract for Emergency Debris Disposal Services to Ceres Environmental Services, Inc., and D & J of Alabama, Inc., in accordance with RFP Number 05-007

 

PRESENTATION

PALATLAKAHA ENVIRONMENTAL & AGRICULTURAL RESERVE (PEAR PARK)

Representative Alan Hays (R-Umatilla) and Senator Carey Baker (R-Eustis) presented a matching-funds grant check for $200,000.00 to the Lake County Board of County Commissioners from the Land and Water Conservation Fund (LWCF) for the furtherance of the Palatlakaha Environmental & Agricultural Reserve (PEAR) park project. The LWCF program is administered by Florida’s Department of Environmental Protection (DEP), Division of Recreation and Parks, Bureau of Design and Recreation Services, on behalf of the U.S. Department of the Interior, National Park Service.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES - COMMUNITY ENHANCEMENT AREA

Mr. Bill Gearing, Community Enhancement Coordinator, Department of Community Services, representing the Community Enhancement Working Group, presented their recommendation for the 2005 Community Enhancement Area (CEA). He gave a PowerPoint presentation (a printed copy is included in the backup material) which included the following information on the Community Enhancement Area Recommendation for 2005.

  1. Meet at least 51% low to moderate income requirement by HUD. One of the Ferndale signs would be placed in an ineligible area.
  2. Permitting. The Ferndale sign project would require a Right of Way Utilization Permit. Public Works advised that this project would not warrant a permit; however, Mr. Gearing will discuss other options with the Ferndale community.
  3. Need for commercial general contractor and architect. The Okahumpka and Yalaha projects will require a contractor and architect.

 

Mr. Gearing requested that the Board direct the Housing and Community Development Division to use CDBG (Community Development Block Grant) funds to assist in funding renovation of the Yalaha Community Center.

Commr. Stivender confirmed that the fiscal impact is $20,000.

Ms. Liz Eginton, CDBG Director, Department of Community Services, explained that line items in last year’s CDBG budget are being carried over to this year in the amount of $84,400.00.

Commr. Stivender stated that she would like the Board to consider doing all four projects because the communities need the assistance and all four qualified. Regarding the sign issue in Ferndale, she explained that the County has exempted those types of signs in the past.

Commr. Hanson stated that we could look at that issue on a countywide basis. She expressed concern in setting a precedent in funding all four communities just because each one qualified. She added that she did not have a problem with funding these four. More and more communities might meet the criteria but funding might not be available.

Mr. Gearing explained that the Working Group, in an effort to ensure future success of the program, made the decision to choose one community for funding.

Commr. Stivender stated that there are a number of general contractors that would assist with community projects if they were asked to do so. She asked if they have to apply through the County’s procurement department to be on a list.

Ms. Hall confirmed that there is a process in place. She will research it further.

Mr. Gearing stated that they are working on a RFP for general contractors.

Commr. Stivender, in understanding the reluctance to do all four projects, suggested that one of the three projects in District 3 could be done along with one in District 5. She asked if there is enough money to do two projects.

Ms. Eginton stated that community participation is essential and the District 5 applicant (Forest Hills/Lake Mack) did not seem to have enough community participation.

Commr. Pool stated that Yalaha has requested $15,000 of the $20,000. He suggested that the remaining $5,000 could be divided among the other three communities.

Commr. Hanson suggested that the Ferndale sign project could be done as a County project, a budgeted item.

Commr. Stivender asked if the building fees could be waived.

Commr. Hill stated that the Board charged the committee with ranking the projects. She asked if staff could figure out how to spend the dollars, deciding how the $84,400.00 could be earmarked, and bring that information back to the Board.

Ms. Eginton stated that there might be an issue with giving money directly to some of these groups. They have to be 501(c)(3) groups to receive federal funds.

Commr. Stivender agreed that more information needs to be brought back to the Board. She asked if staff can bring that information back on December 6.

Ms. Hall suggested approval today of Yalaha as the 2005 Community Enhancement Area. She stated that staff understands that the direction of the Board is to look for some ways to encourage and start up some of the other projects, perhaps with the money that is not spent on the Yalaha project. She stated that staff will be glad to come back to the Board later with some ideas of how that can work and how the entire $84,400.00 would be spent.

On a motion by Commr. Stivender, seconded by Commr. Hanson, and carried unanimously, by a vote of 4-0, the Board approved the recommendation to designate the community of Yalaha as the Community Enhancement Area; to approve the rankings of the other communities as submitted; and to follow the suggestions of the County Manager as stated.

PRESENTATION - ADDENDUM NO. 1

PROCLAMATION - HOSPICE OF LAKE & SUMTER, INC.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved Proclamation 2005-195 proclaiming November 1 through November 30, 2005, as National Hospice Month in Lake County.

Commr. Hanson read Proclamation 2005-195 and presented it to Ms. Julia Allen, Community Relations Manager, Hospice of Lake & Sumter, Inc.

Ms. Allen thanked the Board for their recognition. She stated that Hospice of Lake & Sumter, Inc., serves about 550 patients daily.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

ENVIRONMENTAL SERVICES - LAKE COUNTY GOLF COURSE ORDINANCE

Mr. Allen Hewitt, Director, Water Resource Management, gave a PowerPoint presentation (a printed copy is included in the backup material) on Golf Course Management & Resource Protection, Land Development Regulations 6.14.00, which included the following:

 

Mr. Hewitt confirmed that other counties have mirrored Lake County’s procedures and that all of Lake County’s municipalities were notified about the ordinance.

Commr. Stivender suggested sending the information to the Lake County League of Cities.

Commr. Pool suggested that the Joint Planning Agreements should address the issue.

Commr. Hanson suggested notification to the cities when their SJRWMD CUPs are up for renewal.

Mr. Hewitt stated that this was a discussion item. He thanked the Board and Commr. Hanson who was the impetus to get the ordinance moving in 2000.

RECESS FOR PRESENTATION OF MOBILE HEALTH CLINIC

At 10:00 a.m., Commr. Hill announced that the Board would recess for ribbon cutting ceremonies of the mobile health clinic, the tower truck, the special operations pumper and the special ops trailer.

REASSEMBLY

At 10:50 a.m., the Board reconvened.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

PUBLIC WORKS - REQUEST TO ADVERTISE

ROAD VACATION PETITION NO. 1066 - MICHAEL E. DESLAURIERS

SOUTH CLERMONT AREA - COMMISSION DISTRICT 2

Mr. Jim Stivender, Director, Lake County Public Works Department, presented the updated request to advertise Road Vacation Petition No. 1066, Michael E. Deslauriers, South Clermont area, Commission District 2. He showed the map and noted that the Growth Management Department has agreed that the Land Development Regulations indicate that a 15-foot buffer is acceptable. Mr. Stivender stated that staff recommends approval to advertise the 10-foot vacation which would leave the 15-foot buffer.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved Resolution 2005-196 to advertise Road Vacation Petition No. 1066, Michael E. Deslauriers, South Clermont area, Commission District 2.

PUBLIC HEARING

ORDINANCE - DISTRIBUTION OF CHOOSE LIFE LICENSE PLATE REVENUE

Ms. Melanie Marsh, Deputy County Attorney, placed the proposed ordinance relating to Distribution of Choose Life License Plate Revenue on the floor, by title only, as follows. She noted that, if approved, it will be Ordinance 2005-93.

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER 11, LAKE COUNTY CODE, ENTITLED HEALTH AND HUMAN SERVICES; AMENDING SECTION 11-36, ENTITLED DISTRIBUTION OF CHOOSE LIFE LICENSE PLATE REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Commr. Hill opened the public hearing and called for public comment. There being no public comment, the public hearing was closed.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved Ordinance 2005-93 relating to Distribution of Choose Life License Plate Revenue as read by title only.

PUBLIC HEARING

ORDINANCE - MINOR LOT SPLITS

Ms. Melanie Marsh, Deputy County Attorney, placed the proposed ordinance relating to Minor Lot Splits on the floor, by title only, as follows. She noted that, if approved, it will be Ordinance 2005-94.

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 14.11.01, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED MINOR LOT SPLITS; AMENDING SECTION 14.11.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED FAMILY DENSITY EXCEPTIONS; AMENDING SECTION 14.11.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED AGRICULTURAL LOT SPLITS; PROHIBITING THE CREATION OF A LOT WHOLLY IN THE 100 YEAR FLOOD ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ms. Marsh explained that the current code for agricultural lot splits requires that the minimum 40 acres include at least five acres of uplands.

Commr. Hill opened the public hearing and called for public comment. There being no public comment, the public hearing was closed.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved Ordinance 2005-94 relating to Minor Lot Splits as read by title only.

PUBLIC HEARING

LONG RANGE PLAN OF SERVICE 2005-2010 FOR LAKE COUNTY LIBRARY SYSTEM

Ms. Wendy Breeden, Library Services Director, stated that the Long Range Plan of Service 2005-2010 for the Lake County Library System was developed in conjunction with member library partners and was included in the interlocal agreement. This information was sent to the cities on October 14, 2005, and there have been no comments received from the cities. The plan of service was unanimously approved by the Lake County Library Advisory Board on October 27, 2005.

In response to an inquiry by Commr. Stivender regarding a large, centralized library to serve the Mascotte and Groveland areas, Ms. Breeden explained that would fall under the facilities’ plan and is separate from this plan for existing libraries.

Commr. Hill opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved the Long Range Plan of Service 2005-2010 for the Lake County Library System.

OTHER BUSINESS

APPOINTMENTS - IMPACT FEE COMMITTEE

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board appointed Mr. Glenn Irby as a citizen-at-large representative on the Lake County Impact Fee Committee to complete an unexpired term ending August 6, 2006.

The second citizen-at-large vacancy will be brought back to the Board when Commissioner Cadwell is present.

APPOINTMENT - LIBRARY ADVISORY BOARD

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board appointed Mr. F. J. “Rick” Rodrick, Sr., as the City of Fruitland Park’s member representative on the Lake County Library Advisory Board to complete an unexpired term ending February 28, 2008.

APPOINTMENT - PUBLIC SAFETY COORDINATING COUNCIL

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board appointed Honorable T. Michael Johnson to represent the Chief Circuit Judge position on the Lake County Public Safety Coordinating Council.

REPORTS - COUNTY ATTORNEY

ESCHEATMENT OF TAX DEEDS

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board accepted the escheatment of three Tax Deeds (Tax Certificate Numbers 2208/1995, 230/1991 and 1185/1991) pursuant to section 197.502(8), Florida Statutes.

LEASE RENEWAL - CLERMONT TAG AGENCY

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the request for a one-year lease renewal with the option to renew for one additional year for the Clermont Tag Agency located at 194 North Highway 27, Suite A, Clermont, Florida; including all the discussion held at the Board’s November 8, 2005, workshop regarding finding permanent locations for the Tag Agency, the Sheriff and any other Constitutional Officers.

SPECIAL MAGISTRATE - VALUE ADJUSTMENT BOARD

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the request to hire Frederick W. Jones, Esquire, Graham, Builder, Jones, Pratt & Marks, LLP, as a Special Magistrate to hear petitions for the Value Adjustment Board for conflict cases of Special Magistrate Bruce Duncan; rate of pay would be $120/hour; travel time would be included in that payment.

REALVEST - CHRISTOPHER C. FORD COMMERCE PARK

Ms. Melanie Marsh, Deputy County Attorney, presented the request for a 30-day extension of the due diligence period of the purchase agreement with RealVest for Lot 3 and a portion of Lot 4 in the Christopher C. Ford Commerce Park. RealVest’s 90-day due diligence period ends November 16, 2005. They believe either a pipe or an easement runs through the center of the lot and they would like additional time to investigate that. The contract specifies that they would have 15 days, after the expiration date, in which to close on the property.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a vote of 4-0, the Board approved the recommendation of the County Attorney for a 30-day extension of the due diligence period of the purchase agreement with RealVest for Lot 3 and a portion of Lot 4 in the Christopher C. Ford Commerce Park.

REPORTS - COUNTY MANAGER

CONSTRUCTION MANAGER FOR DOWNTOWN TAVARES FACILITIES

Ms. Cindy Hall explained that a RSQ was issued for the construction manager for the downtown Tavares facilities. The selection committee that has been reviewing firms consists of Circuit Judge Don Briggs; Jim Watkins, Clerk of Courts; Chief Gary Borders, Criminal Justice Operations, Lake County Sheriff’s Office; Tax Collector Bob McKee; Frank Royce, Chief Deputy, Property Appraiser’s Office; and Jim Bannon, Director, Facilities Development & Management. The selection committee viewed presentations and recommended that the following three firms be considered for final ranking: PPI Construction Management, Skanska USA Building, Inc., and Centex Construction. The selection committee will meet again on November 18, 2005. She asked for direction from the Board as to the final ranking process. The intent, following final ranking, would be to begin negotiations with the top ranked firm. She referred to the November 10, 2005, memorandum from Commr. Cadwell which was distributed to the Board.

Commr. Stivender stated that it would be appropriate for the selection committee to make a recommendation to the Board. She asked that this item be rescheduled for the Board’s November 22, 2005, meeting.

It was the consensus of the Board that the selection committee will rank the final three firms. That final ranking will be brought to the Board on November 22, 2005, and upon approval, negotiations will begin with the top-ranked firm.

REPORTS - COMMISSIONER POOL - DISTRICT #2

UPDATE ON CONSERVE II PROPERTY

Commr. Pool reported on a meeting with Orange County Commissioner Teresa Jacobs and her staff that he attended with Ms. Melanie Marsh and Ms. Quinnette Durkin to discuss the Conserve II property. He advised that Orange County does not want a lease option, a long-term lease or a lower price. The available options include outright purchase at the current asking price or trading an alternate, comparable site with adequate and equal amounts of land available to the bond holders who have purchased this land as a spray field.

EAST RIDGE HIGH SCHOOL

Commr. Pool complimented the East Ridge High School football team and coaching staff on their Friday night game which went into overtime. While not victorious Friday night, they have over 30 regular season victories. The East Ridge High School band was ranked superior in all three categories.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

MOBILE HEALTH UNIT

Commissioner Hanson thanked the Board for its support in obtaining the Mobile Health Unit.

REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

LADY OF THE LAKES RENAISSANCE FAIRE 2005

Commissioner Stivender announced that the Lady of the Lakes Renaissance Faire 2005, which was held earlier this month, was a successful event. She thanked Ms. Carmen Cullen and the Lake County Educational Foundation for the excellent job they did on the Faire.

LAKE COUNTY SCHOOL BANDS AND ATHLETES

Commissioner Stivender reported that three bands in Lake County (East Ridge, Tavares and Leesburg) got all superiors at the Florida Band Association competition in Leesburg. The athletes from all the districts will be brought before the Board at a later date for recognition.

REPORTS - COMMISSIONER HILL - CHAIRMAN & DISTRICT #1

COMMISSIONER CADWELL

Commissioner Hill noted that Commissioner Cadwell is in Jacksonville, Florida, attending the State Impact Fee Review Committee meeting today.

UNIVERSITY OF CENTRAL FLORIDA MEDICAL FACILITY

Commissioner Hill reported that she has been approached by the University of Central Florida (UCF) regarding a proposed medical school facility. They asked the Lake County Commission to send a letter of support to the UCF Board of Governors.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved to add the University of Central Florida’s proposed medical school facility to the agenda.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved that the Chairman will write a letter of support for a medical school facility at the University of Central Florida.

Commr. Hill stated that information on a funding request will come back to the Board later, along with information about potential partners within the Lake County community.

LEADERSHIP LAKE COUNTY GOVERNMENT DAY

Commr. Hill commended Ms. Hall and the other staff members for organizing Leadership Lake County Government Day on November 9, 2005. Members of Leadership Lake County acted as County Commissioners and participated in a mock zoning case.

MOBILE HEALTH CLINIC

Commr. Hill requested that photographs taken at this morning’s ribbon cutting ceremony be placed at the end of today’s meeting for viewing by the television audience. The ceremony included the mobile health clinic, the tower truck, the special operations pumper and the special ops trailer.

REPORTS - COMMISSIONER STIVENDER (CONTINUED)

Commr. Stivender asked if County information, such as today’s ribbon cutting ceremony, can be put on Channel 22.

Ms. Hall explained that a plan for participation will be coming to the Board possibly at a meeting in early December.

CITIZEN QUESTION AND COMMENT PERIOD

Roy Hunter

Mr. Roy Hunter, Northeast Lake Chamber of Commerce, stated that he would like to see food distributed to more places. Spring Creek Elementary School accepts food and stuffed animal donations year-round. He stated that there is a lot of need to buy small equipment for maintenance on area roads. He suggested purchasing a small farm tractor with a box blade through a state or county contract for use by communities. He announced that Commr. Hanson will be the Chamber’s guest speaker at Spring Creek Elementary School on November 17, 2005. He invited everyone to attend. Mr. Hunter advised that yards, and septic tanks, are being flooded in the Deerhaven area due to culverts and redistribution of water.

Staff will address the flooding over septic tanks in Deerhaven. Staff will research the suggestion of purchasing a grader/tractor with a box blade for use on roads by various communities.

Brad Pyke

Mr. Brad Pyke, from the Millstream area of Groveland, stated that he attended last week’s workshop and that he provided a VHS tape and DVD for the Commissioners which depicts the road conditions last year and this year. He stated that Millstream Drive used to be a county-maintained road. He stated that a prescriptive survey for a right of way and engineering were done in 1984 and the road builder built the road to County standards. He stated that, apparently, the developer did not record the right of way. Mr. Pyke stated that he has given the prescriptive survey to Ms. Patti Harker, Lake County Public Works. Mr. Pyke stated that, during a recent homeowner’s meeting, everyone expressed willingness to give the easement. He asked the Board if something can be done to take care of the road if everyone signs an easement.

Commr. Hanson clarified that right of way is necessary, not easements.

Commr. Pool confirmed that the right of way on this road is not open to the public and dedicated to the public, therefore, the County cannot maintain a private road or private drive. He opined that, when Millstream was developed, part of the vesting rights said each homeowner will be responsible for a homeowners’ association fee to maintain those roads. When it was developed, the County relinquished its responsibility to the homeowners and to that developer. Commr. Pool suggested that each homeowner should be given the opportunity to give the right of way back to the County so that it can be put back in the system, perhaps through an assessment.

Mr. Pyke confirmed that was the agreement by former Senator Richard Langley, the developer, for Millstream Estates. He stated that other residents in the Millstream area use that road.

Commr. Hanson stated that the first step is to get that right of way and staff will work with the residents but the property owners (the community) will need to seek their neighbors’ donations of right of way property.

Commr. Pool agreed that many landowners are willing to give the right of way but he and staff members will work with Mr. Pyke.

Travis Whigham

Mr. Travis Whigham, Forest Hills Association, stated that Volusia County has a food-for-fines program and he suggested that Lake County might want to look at doing the same thing. He expressed disappointment that Forest Hills/Lake Mack was not designated as the Community Enhancement Area because that area is in great need of facilities. He stated that people in his area are still illegally barricading 25-foot legal easements and he plans to ask the Florida Department of Transportation if there is anything they can do to remove the barricades. He stated that he spent an entire day going from one County department to another and no on had anything positive to say about getting the barricades lifted. He stated that these roads have been used by the public for more than 40 years.

Commr. Hanson explained that an easement is private property but, generally, property owners give one or two persons the right to travel over the private easement.

Ms. Marsh advised that, typically, if it is not a publicly dedicated easement, the County does not have the right to force somebody to remove a barrier. She suggested that neighbors might have to go to court and seek an injunction. She stated that the state has no more right to enforce a private easement than the County does.

Mr. Whigham stated that these homeowners do not have the money to go to court and he is looking for other ways to find out what their rights are. He stated that, because of the poor condition of the roads, people who live out there need more than one access. He stated that there has been a community clean-up in a wooded area inside the Ocala Forest but the garbage service wants to charge a fee for the pickup. He stated that he was advised that the Board would have to waive these fees and he asked that fees be waived for the current effort as well as future clean-up efforts. He stated that there should be a waiver on a countywide basis.

Commr. Hanson suggested that some solid waste funds might be available to pay fees for neighborhood clean-up efforts.

Commr. Stivender stated that funds were available through fines that have been levied by Code Enforcement.

Regarding waiving fees for garbage collections after community cleanup events, Mr. Gregg Welstead, Deputy County Manager, noted that staff is working on the issue on a countywide basis.

Mr. Whigham stated that he has an invention that would protect rooftops and homes during hurricane-force winds but that he does not have money to get it through the patent office. He stated that he spoke with the person at Lake-Sumter Community College who has run inventions through the patent office but he wants to charge a fee of $30,000. He stated that, if the invention goes through and is put to use, he would give a percentage of the income to the School Board on an annual basis. He asked for help from the County to get it off the ground. He stated that FEMA (Federal Emergency Management Agency) advised him that grants are available but that he would have to go through local emergency management.

Commr. Hill suggested that Mr. Whigham might want to make his presentation to the School Board.

Mark Winwood

Mr. Mark Winwood, a Yalaha resident and co-founder of Friends of Yalaha, expressed appreciation for the designation of the Community of Yalaha as a Community Enhancement Area. He stated that the grant award to refurbish the community center will give the whole community a rallying point to work together toward a common goal.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.

__________________________

JENNIFER HILL, CHAIRMAN

ATTEST:

 

 

__________________________

JAMES C. WATKINS, CLERK