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.
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