A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY 10, 2006
The Lake County Board of County Commissioners met in regular session on Tuesday, January 10, 2006, 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 Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present were Sanford A. “Sandy” Minkoff, County Attorney; Melanie Marsh, Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; and Judy Whaley, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Ms. Hall stated that Tab 27 (a presentation) and Tab 32 (a public hearing that was advertised for January 17) will be rescheduled for January 17, 2006.
Commr. Hill requested to add an item under her reports. It is a request from State Representative Alan Hays for a resolution in support of a road naming bill.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board added said item to the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of November 15, 2005, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of November 18, 2005, Special Joint 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 5-0, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 10, 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.
Request for approval of Contractor Bonds as follows:
4366-06 James A. Quarles Residential Contractor, Inc.
5937-05 Ronald M. Newberg dba Newberg Irrigation, Inc.
6000-06 Joseph D. Fannin, Jr., dba Southern Pride Services, Inc.
6197-06 Robert M. Gooden dba Integrity Elec Cont of FL, Inc.
6442-06 Kevin T. Kuckleburg dba Precision Plumbing of Ocala, Inc.
6443-06 Advanced Sprinkler Systems of Central Florida, Inc.
6444-06 Jimco Electrical
6445-06 Darrell Carter dba Electrico, Inc.
6446-06 Charles E. Edgell, as principal, of Land Management Group, Inc.
6447-06 Bryson of Brevard, Inc. dba Kendal Signs
6448-06 Armando R. Ramos dba Egize Electric, Inc.
4834-05 Melvin B. Benn and Melvin Benn Masonry, Inc.
5481-05 Kenneth Vining dba Vining & Sons, Inc.
6024-05 James Richardson dba Azalea Oaks, Inc.
6121-04 Newcomb Electric, Inc.
6104-04 From: Plumbing Angels To: Plumbing Angels, Inc.
6447-06 Principal’s Name Changed From: Kendal Mullen dba Bryson of Brevard,
Inc., dba Kendal Mullen, dba Bryson of Brevard, Inc. dba Kendal Signs
To: Kendal Mullen dba Bryson of Brevard, Inc. dba Kendal Signs dba
Kendal Mullen dba Bryson of Brevard, Inc. dba Kendal Signs
Monthly Distribution of Revenue, Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, for the Month Ending November 30, 2005. Disbursement due to Board: $145,405.58. Same period, last year - $102,084.19.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of Unclaimed Excess Proceeds for Tax Deeds totaling $4,834.55. Transfer funds from Clerk's account to the Board of County Commissioners' account.
Department of Community Affairs
Request to acknowledge receipt from the Department of Community Affairs a copy of a letter to Jonathan T. Johnson, Hopping Green & Sams, P.A., regarding Arlington Ridge Community Development District established by City of Leesburg Ordinance Number 03-94.
City of Clermont - Ordinance 538-M
Request to acknowledge receipt from the City of Clermont a copy of Ordinance 538-M which annexes a vacant parcel of land into the city limits, as described, and adopted by the Clermont City Council on November 22, 2005.
City of Fruitland Park - Resolution 2005-019
Request to acknowledge receipt from City of Fruitland Park, Florida, Resolution 2005-019, closing and vacating Harris Street (Oak Forest Subdivision). Passed and resolved the 10th day of November 2005, by the City Commission of the City of Fruitland Park, Florida.
Brendenwood Water System, Inc.
Request to acknowledge receipt from Brendenwood Water System, Inc., PSC Number WU020, a Class C water utility located in Grand Island, Florida, (Lake County) notice of application to the Florida Public Service Commission (Re: Docket Number 050880-WU) for a limited alternative rate increase in conformance with Rule 25-30.457(10), Florida Administrative Code.
Town of Lady Lake - Ordinances
Request to acknowledge receipt from the Town of Lady Lake: Ordinance Number 2005-47, establishing a Lady Lake Parks and Recreation Advisory Committee, passed and duly adopted November 3, 2005; Ordinance Number 2005-51, amending the Town of Lady Lake Land Development Regulations (Ordinance Number 94-08), passed and ordained the 17th day of November 2005; Ordinance Number 2005-55, amending Ordinance Number 2005-28, establishing a Lady Lake Beautification Committee, passed and ordained the 3rd day of November 2005.
Florida Public Service Commission
Request to acknowledge receipt from the Florida Public Service Commission – Notice of Workshop to Investor-Owned Electric Utilities, Municipal Electric Utilities, Rural Electric Cooperatives, Local Governments, Experts on Electric System Design and Operations and All Other Interested Parties, 9:00 a.m., January 23, 2006, Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida
COUNTY MANAGER’S CONSENT AGENDA
Commr. Cadwell requested that Tab 18 be pulled for discussion and Commr. Hanson requested that Tabs 8 and 19 be pulled for discussion.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 25, pulling Tabs 8, 18 and 19 for discussion, as follows:
Request for approval of Resolution 2006-2 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005-2006 in the amount of $800.00 deposited into Disaster Volunteer Management Program and provide appropriations for the disbursement for Travel and Per Diem ($500.00), and Other Current Charges and Obligations ($300.00). Funds have been awarded from the Operation Step Up Grant, Disaster Volunteer Management initiative.
Request for approval of Resolution 2006-3 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2005-2006 in the amount of $61,813.00 deposited into State Alien Assistance Grant and provide appropriations for the disbursement for Transfer – Jail Op Expenses. Funds have been received for housing alien inmates during Fiscal Year 2004. The Sheriff desires to utilize these funds to purchase new radios for the Jail.
Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals.
Request for approval to pay $5,000,000.00 to the Lake-Sumter Community College (LSCC) Foundation to be used as match toward the construction of a joint-use community college/public library on the South Lake campus of LSCC; authorization for the Chairman to sign the Funding Agreement, pending County Attorney approval; approval of the associated budget transfer which utilizes old sales tax funds for this project; approval of the revised capital projects list; and authorization to negotiate a construction and operational management agreement.
Request for approval for the Lake County Department of Community Services, Transportation Disadvantaged staff, to apply to the Florida Department of Transportation for the Section 5310 Transit Grant Application FY 2006-2007 and approval and signature on supporting Resolution 2006-4.
Request for approval for the Lake County Department of Community Services, Transportation Disadvantaged staff, to apply to the Florida Department of Transportation for the Section 5311 Transit Grant Application FY 2006-2007 and approval and signature on supporting Resolution 2006-5.
Request for approval to accept the Updated Administrative Services Agreement with WEB-TPA the County's current Health Insurance Third Party Administrator.
Request for approval and execution of Release of Fine for property owned by Diamond Coast Investments (previously owned by John R. & Emma Dewey). (Recorded in Official Record Book 02865, Pages 0938 through 0939 of the Public Records of Lake County, Florida, on June 21, 2005.)
Request for approval and execution of Satisfaction and Release of Fine for property owned by Kenneth A. Erickson, Case Number CEB/SM 2002-06-0184.
Request for approval and execution of Satisfaction and Release of Fine for property owned by Henry E. & Gloria Weatherspoon, Case Number CEB 136-98.
Request for approval and execution of Satisfaction and Release of Fine for property owned by Devin P. Lewis, Case Number SM 2004080023.
Request for approval and execution of Satisfaction and Release of Fine for property owned by Ann Marie Crandall, Case Number SM 2004-07-0220.
Request for approval and execution of Satisfaction and Release of Fine for property owned by Donald E. & Patricia Nicholson, Case Number CEB/SM 2004-10-0162.
Request for approval and execution of Satisfaction and Release of Fine for property owned by J. R. Etter (previously owned by Kevin & Leanne Chinn), Case Number CEB/SM 2000-11-0177.
Request for approval and execution of Satisfaction and Release of Fine for property owned by Scott Allan Yingst, Case Number SM 2004030285.
Request for approval to declare the items on the attached lists surplus to County needs; authorize the removal of all of the items on the attached lists from the County's official fixed asset inventory system records; and authorize the Interim Procurement Services Director to sign the vehicle titles.
Request for approval and authorization to execute the First Amendment to complete a Change Order to increase the cost of the Fishing Pier at Lake Idamere, Bid Number 05-022, in the amount of $2,518.00.
Request for approval to award the contract for re-roofing of the Judicial Center to Wharton Smith, Inc. in accordance with RFP Number 03-087 for $1,252,448.00.
Request for approval to award a sole source contract to HRH/Hunt Insurance Group, Inc./Insurance Carrier – Lexington Insurance Company for catastrophic inmate medical insurance at the cost of $0.11 (eleven cents) per inmate, per day.
Request for approval for the Lake County Department of Public Safety, Fire Rescue Division to sign a Memorandum of Understanding and Letter of Commitment with the State of Florida to provide Type II Technical Rescue Resources under the Department of Homeland Security Domestic Security Grant Program.
Request for approval of the Amendment to the Agreement between Lake County and Reynolds, Smith and Hills to continue with the design of Britt Road.
COUNTY MANAGER’S CONSENT AGENDA - ITEMS PULLED FOR DISCUSSION
ECONOMIC DEVELOPMENT AND TOURISM
RESORT TAX SPECIAL RESERVE (Tab 8)
Mr. Greg Mihalic, Economic Development & Tourism Director, presented the request for approval of an Agreement between Lake County and Lake-Sumter Community College (LSCC) for the application for State funding for the development of a Joint Softball Complex to be located at the South Lake Campus of LSCC; approval of a transfer from Resort Tax Fund Special Reserve (bed tax) in the amount of $1,000,000.00; and approval to deposit with LSCC, as a match, the sum of $1,000,000.00 from the Resort Tax Fund Special Reserve by February 1, 2006. He explained that this project has been discussed for several years. When the bed tax was increased from 2% to 4%, 1% was set aside for sports infrastructure of different kinds. The proposed complex would be an asset to the adjacent National Training Center as well as LSCC which anticipates moving its softball team to their South Lake campus after this occurs.
Commr. Stivender noted that the Tourist Development Council recommended approval of this request. She stated that two hotels are under construction in South Lake County and the Board needs to remember that we need areas for hotels under the new Comprehensive Plan.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved an Agreement between Lake County and Lake-Sumter Community College (LSCC) for the application for State funding for the development of a Joint Softball Complex to be located at the South Lake Campus of LSCC; approval of a transfer from Resort Tax Fund Special Reserve (bed tax) in the amount of $1,000,000.00; and approval to deposit with LSCC, as a match, the sum of $1,000,000.00 from the Resort Tax Fund Special Reserve by February 1, 2006.
ACQUISITION OF PROPERTY SOUTH OF ASTOR (Tab 18)
Commr. Cadwell explained that the Public Land Acquisition Advisory Council recommended acquisition of approximately 10 acres on the St. Johns River south of Astor. Staff is requesting approval and authorization to evaluate the property for purchase, including an appraisal, boundary survey and environmental assessment, and bringing that information to the Board for a decision. In that decision-making process, there are some citizens who live in the area who want to make sure they are consulted regarding the road network and what will happen to the property. He stated that he wants to move ahead but wants to be sure to keep those neighbors in the loop and make sure there is a forum for their involvement.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request for authorization to evaluate property for purchase, including an appraisal, boundary survey, and environmental assessment, on approximately 10 acres on the St. Johns River south of Astor.
DUE DILIGENCE AND CONTRACT AUTHORIZATION (Tab 19)
Commr. Hanson stated that she and Ms. Hall have discussed the request for approval for the County Manager to authorize due diligence evaluations and enter into contracts, contingent upon Board approval, on potential acquisition lands at the request of the Lake County Public Land Acquisition Advisory Council. She opined this would help the process.
Commr. Cadwell stated that this would keep the politics out as much as can be and this was a pledge made by the Board. The Board would weigh in after everything is done, not use that opportunity to stop a project that should go through the process.
Commr. Stivender stated that she has requested that the County Manager, as she is going through due diligence on the projects, give the Board a list of the properties so that they are aware of them.
Mr. David Hansen, Director of the Lake County Public Lands Management Division, agreed with Commr. Hanson that it is an exciting program and lots of properties are coming up.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved for the County Manager to authorize due diligence evaluations and enter into contracts, contingent upon Board approval, on potential acquisition lands at the request of the Lake County Public Land Acquisition Advisory Council.
Commr. Cadwell introduced Ms. Julie McGonigal of the Lake County Tax Collector’s Office who is serving an internship with Leadership Lake County, Inc.
PERSONAL APPEARANCES - EMPLOYEE AWARDS
The Chairman presented the following Employee Awards, with Ms. Sharon Wall, Employee Services Director, giving brief remarks about each individual.
Presentation of Award to Employees with Five Years of Service
Mr. Jack C. Fillman, Chief of Education & EMS, Public Safety/Fire Rescue
Mr. Jason R. Rivera, Firefighter/EMT, Public Safety/Fire Rescue
Ms. Tina M. Smith, Senior Landfill Attendant, Environmental Services/Solid Waste Administration
Presentation of Award to Employees with Ten Years of Service
Mr. Martin A. “Skip” Nemecek, Chief Plans Examiner, Growth Management/Building Services/South Lake Annex
Ms. Nikki Wright, Parts Inventory Specialist, Public Works/Fleet Maintenance
Presentation of Award to Employee with Fifteen Years of Service
Ms. Rebecca L. Holland, Animal Control Officer, Public Safety/Animal Services (not present)
Presentation of Award to Retiring Employee with Thirty Two Years, Eleven Months of Service
Mr. Tom Ivey, Chief Mechanic, Public Works/Fleet Management
Presentation of Award to Retiring Employee with Thirty One Years, Six Months of Service
Ms. Teri Davis, Administrative Office Associate I, Community Services/Lake Soil & Water (not present)
COMMISSIONER JENNIFER HILL - PAST CHAIRMAN
Commr. Hanson presented a gavel to Commr. Jennifer Hill in recognition of her service as Chairman of the Lake County Board of County Commissioners for 2005.
PRESENTATION - INNOVATIVE STRATEGIES FOR SUSTAINABLE GROWTH
Mr. Gregg Welstead, Deputy County Manager, explained that several months ago Commr. Hanson asked that information be brought to the Board on Florida’s Rural Land Stewardship Program as part of the forum of the Lake County Public Land Acquisition Advisory Council.
Mr. Ernest A. Cox, Esquire, Gunster Yoakley, representing Family Lands Remembered, explained that Florida is experiencing unprecedented growth and one of the biggest challenges we face is the amount of land throughout the state that is being gobbled up. Florida’s Rural Land Stewardship Program evolved out of a land dispute in Collier County. Their comprehensive plan was amended, challenged, and found not in compliance. In 1999, the Governor and Cabinet ordered Collier County to do a long range study for the future and focus on three principal objectives; one, the protection and promotion of agriculture; two, the preservation and enhancement of natural resources; and three, to look at long term growth and economic diversification. Pursuant to that, a committee worked for three years putting together a long range plan for the future of Collier County. He further explained that the Governor appointed a growth management study commission which had a rural lands task force. Their idea was that we need to look at incentive-based programs rather than just more regulations. The legislature took that idea and created the Rural Land Stewardship Program. He gave a presentation entitled “Innovative Strategies for Sustainable Growth - Florida’s Rural Land Stewardship Program” (a printed copy is included in the backup material). He pointed out that this is one tool for dealing with the challenges of Florida’s growth.
· What is Rural Land Stewardship? Incentive-based program, not based on additional regulations, that encourages the voluntary preservation and private stewardship of natural resources, retention of rural uses and agriculture, and accommodates economic growth and diversification in a sustainable rural character. Some of the best environmental lands are managed by private landowners.
· Legislation - Chapter 163.3177, Florida Statutes. Department of Community Affairs (DCA) shall encourage local governments in establishing and implementing Rural Land Stewardship Areas (RLSAs). A critical component is maintaining the economic value of rural land. Control urban sprawl. Protect ecosystems. Promote rural economic activity. Maintain viability of Florida’s agricultural economy. Protect the character of rural Florida.
· Key Legislative Changes Since Inception. Reduction of minimum area from 50,000 acres to 10,000 acres. Property owner can initiate stewardship planning process. Multi-County Stewardship Plans. DRI Exemption (subject to eligibility criteria). Agriculture can generate credit value in addition to natural resources. Stewardship to address long term vision and 25 year or greater population.
· Adams Ranch Stewardship Overlay. (In St. Lucie County, four generations of ranching.) Currently, the only stewardship under state statutes; is about 22,5000 acres; two pieces, Adams Ranch (16,500 acres) and Cloud Grove (6,000 acres). Adams Ranch ultimately will be a Stewardship Sending Area (SSA) and Cloud Grove will be a Stewardship Receiving Area (SRA).
· Adams Ranch. A pilot program with two landowners which has swamp systems, rangeland and prairies, pastures, marshes and wet prairies and has been transmitted by the county to DCA (Department of Community Affairs). An adoption hearing is expected in late February. Other landowners could opt into the program in the future if they like the rules.
· Adams Ranch Stewardship Goal. To protect and conserve agricultural lands and to promote agricultural viability, to direct incompatible uses away from wetlands and upland habitat, to discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques and promotes economic prosperity and diversification.
· RLSA Program will allow Adams Ranch to: continue agriculture business; provide employment; conserve natural resources; preserve a cultural icon; protect water and air quality; at no cost to the public. The first phase, the first Stewardship Sending easement, will be 12,000 acres, doubling St. Lucie County’s 6,000 acres of acquisition.
· Stewardship Index Map. Every acre is scored based upon its natural resources such as soils, water, listed plant, animal and bird species, and determines overlay classifications. The map will be adopted as part of the comprehensive plan amendment.
· Stewardship Sending Area (SSA) Designation (restricts the future use of the property). Property owner initiates SSA designation. The more uses, or layers, that are removed from the property, the more credits that are given. Voluntary removal of such layers as residential development, general conditional uses, earth mining, active agriculture (citrus, row crops), passive agriculture (cattle, rangeland sod work). The credits are not TDRs (Transfer of Development Rights). TDRs are primarily based upon taking a residential unit from Place A and putting it in Place B.
· SSAs Generate Stewardship Credits. Credit is based upon the natural resources of the land, the more environmentally valuable, and the more uses eliminated, the greater the number of credits generated. Creates a market force to protect the most important environmental lands first. Restricted with a permanent stewardship easement which is like a conservation easement but it also requires the continuation of maintenance activities and also allows specifically for the continuation of the agricultural activities. Credits are created and moved somewhere else. On the map, the green areas cannot be developed under the stewardship program. The brown areas could be available for potential development but only in a compact form such as towns, villages or hamlets.
· Stewardship Receiving Area (SRA). In the process of planning with the public and St. Lucie County a new town on about 5,000 acres of orange grove which was decimated because of canker. About 1,200 homes with schools, parks, jobs, 3 to 4 million square feet of non-residential space. SRA Designation Applications are approved by the Board of County Commissioners.
· Forms of SRAs. Either towns, villages, or hamlets, with minimum and maximum criteria, or Compact Rural Developments. Chart shows typical characteristics.
· Collier County RLSA Study by Fishkind and Associates. Compared to one unit per five acres, stewardship generates a substantial surplus in revenues over costs, unlike the base zoning.
· Stewardship Adoption Process. The Adams Ranch Stewardship is in the Comprehensive Plan Amendment process. (The DCA Objections, Recommendations and Comments (ORC) report is available online.) DCA’s main issue, because this is the first time it has been done under the statute, is that they want to make sure it is done right because it is, by the statute, a preferred planning alternative. It is not allowed for use inside municipalities and is not allowed for use inside Urban Services boundaries. This is a rural planning tool which can be multi-county. After the Comprehensive Plan Amendment process, it goes through LDC (Land Development Code) Amendment, SSA Application and SRA Application.
· Outcome. Conserves Adams Ranch. Creates a tool to extract value by eliminating development rights without losing value of existing agricultural uses. Farmers and ranch owners are under increasing pressures to sell because agriculture cannot compete with housing. This creates a tool to protect environmentally sensitive land without public sale or conservation easements. RLSA rewards Adams Ranch for continuing to do what they have historically done which is serve as good stewards of their land and continue with Best Management Practices. Retains generational ownership. Many of Florida’s farming families are aging and the estate taxes are tremendous. Mr. Cox explained that the mission of Family Lands Remembered is to identify landowners that do not want to sell and pair up lands that should be protected from development with places development could occur and, essentially, tap into the economic engine of growth to drive conservation and agriculture protection from an incentive approach.
· Promotes a Sustainable Rural Future. The goal is to try to accommodate millions of people who are coming to Florida, in the smallest number of acres, in a way that does not affect current residents’ quality of life and in a way that gives new residents a good quality of life. Instead of doing subdivision after subdivision and large-lot ranchette development, the idea is to preserve and protect large areas of either natural systems or agriculture or both, permanently, in return for development in towns and villages.
· Collier County. Study area is 195,000 acres. Six landowners together owned 168,000 acres and agreed early on to ignore property ownership as the program is created. The primary driving factor was protection of the Florida panther.
· Collier County. Balance of three essential goals is needed. Continued agricultural viability; environmental resource protection; long-term economic prosperity and diversification.
· Collier County. GIS Database.
· Collier County. Alternative scenarios were compared to a baseline condition.
· Collier County. Town of Ave Maria is the first development taking place under a Stewardship Program. The Sending Areas are about 16,000 acres of critical habitat for the Florida panther. Four Sending Areas in different locations will be permanently restricted to agricultural and natural resource use to create the credits for the town. The Receiving Areas are a 4,000-acre (about 11,000 homes and two million square feet of non-residential) town and a new university. Approximately 20,000 acres of SSAs will create 30,000 credits needed to entitle the 4,000 acre New Town.
· Key Elements.
1. Market based system. A better chance of success if the system is altruistic and accomplishes policy goals and aligns with people looking out for their own economic self-interest.
2. Landowner involvement. Identify and talk to landowners, educate them and find out if they want to be part of it.
3. Agriculture must be profitable. One way is to lower the value of the land by giving the landowner an ability to realize that economic reality somewhere else. Agriculture will never compete with houses unless a different system is devised.
4. Environmental incentives. Decide what is important. There may be a way to provide some additional incentives rather than just public purchase. Public purchase dollars can be complemented with stewardship credits to provide additional incentives.
5. Economic promotion and diversification. As we evolve as a state, it will be important for us to look at the kind of jobs we want our children and grandchildren to have, and how we create programs for those jobs. Companies that are interested in building new headquarters are very excited about being able to be part of programs like this. Not only does this benefit people or their workers in a town-concept or village, there is also a connection to the preservation and environmental sides.
Commr. Stivender suggested that Mr. Cox give another presentation during a Commission retreat.
Mr. Cox explained that, with Adams Ranch, some of the monies that will be paid for the credits in creating the town will be placed in a permanent endowment with a program to manage the Ranch.
Mr. Cox showed an eleven-minute video, “Adams Ranch Stewardship,” which was filmed entirely on location at Adams Ranch in St. Lucie County, Florida. He explained that these lands will remain on the tax rolls with their agricultural classification. Even with the agricultural rate, they do generate more revenues than their requirement for services. Regarding permanency, if the agriculture is economical and the risk of the sale is taken away by giving them the funds, people will want to stay in. The idea is to promote agriculture, not require it. There is one requirement. If Adams Ranch, two generations from now, knows they cannot make money in cattle ranching, there is still an affirmative obligation to manage the land for the natural resources. The permanent stewardship easement sets forth what can and cannot be done, as well as the private maintenance obligation. The easement and the stewardship have to be in favor of two governments. What has been done at Adams Ranch is in favor of the county and the Department of Agriculture. The easement holder is a statewide interest.
Regarding the value of the land, Mr. Cox stated that the value is sold to a private entity. The property stays on the tax rolls at the agricultural classification level. The choices for the agricultural owner or operator are: continue in agriculture and tell the developers no; sell to a developer; or sell stewardship credits, get the money from the development activity, and continue the agricultural operation.
The easement gets recorded in the public records but there is no absolute permanency. Mr. Cox stated that the idea is, by having it in the statute, that this is a permanent easement. Putting it in property records as a permanent restriction with two different governmental agencies makes it as permanent as is possible.
Mr. Cox stated that, up until 2001, there were no incentive-based tools like this. There is a lot of interest around the state in deciding if there is a similar tool that could be adapted, such as one that deals with municipalities in agricultural areas. Stewardship as it exists today might not be the answer but there might be a small tweak possible to set up a program that deals with specifics. This program allows agriculture, landowners, the business community, government and the environmental community to work together for solutions.
In closing, Mr. Cox stated that he and his friend, Eric Draper, Policy Director for Audubon of Florida, have gone public with their personal goal. That goal is to use stewardship, and programs like it, some of which have not been created yet by the legislature, to protect a million acres of Florida real estate from development over the next ten years.
Commr. Hanson, in expressing her appreciation for the presentation, stated that it is time to do something. She opined that Growth Management staff and Planning and Development staff need to hear the minutiae to adapt what might fit for Lake County. While we do not have large landowners, some can be put together, looking at compact development and preservation of the rest of the land.
Mr. Cox commented on the Babcock Ranch project which is a purchase and creation of a new town. A company is buying the stock and selling the land to the state. He offered to make a presentation at a Board retreat or get into more details with staff. The key is get the owners involved, get the community involved and create something that works for Lake County.
Commr. Hanson stated that Lake County’s Comprehensive Plan allows some of these things and, without this type of program, there could be five-acre tracts throughout the rural area. That would be a travesty for Lake County.
RECESS AND REASSEMBLY
At 10:15 a.m., Commr. Hanson announced a 15-minute break.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
LEGISLATIVE POSITIONS FOR 2006
Mr. Jason Showe, Revenue Coordinator, Office of Budget, referred to the list of Legislative Positions for 2006 as approved by the Board on December 6, 2005, and stated that this is the Board’s opportunity to prioritize any of the positions. He is preparing summary sheets for each appropriate committee that will give a brief summary of positions as well as staff contact information.
Ms. Hall explained that the Board could select some items as high priorities or could go forward with the list as it stands. The thought is to make it easier for the legislators on the committees and Mr. Showe will prepare a condensed list of items that pertain only to them.
Commissioner Stivender stated that funding for the joint library is a major priority. Funding for Medicaid is of major importance under Health & Human Services, and for Transportation Disadvantaged under Transportation, and she suggested consolidating those. She stated that the Health Department facility is of major importance; the item under Water and Natural Resources is important; and she suggested consolidating all of the roads under Transportation because they are all of major importance.
Commissioner Cadwell suggested taking the following specific funding items for Lake County as priorities: the library with Lake Sumter; the request for the Health Department facility; assist funding for the EOC; combine all the transportation items equally. The other items, except for the Wekiva issue, are statewide items that the Florida Association of Counties will be working on and EOC is on the Washington list.
Ms. Hall noted that funding for the Medicaid Non-Emergency Transportation Program goes through the Transportation Committee.
COMMUNITY SERVICES/FACILITIES DEVELOPMENT AND MANAGEMENT
LAKE COUNTY HEALTH DEPARTMENT’S RENTAL FACILITIES REPORT
Mr. Fletcher Smith, Director, Community Services, presented a status report on health facilities in central Lake County, noting that the total leased square footage is 28,443. Two of the leases will expire in November 2006 and one expires February 2007. Those three leases total more than 22,000 square feet. Staff recommends proceeding with negotiating renewal of the administrative office space in Eustis, the Van Dee Building in downtown Eustis and the Delaporte Building in Mount Dora. The St. Clairsville Medical Group lease in Leesburg expires in August 2007 but has a renewal provision for two additional years.
Regarding the Umatilla clinic, Mr. Smith advised that staff will meet January 19 with the architect to develop the design. In response to a question by Commr. Stivender regarding long-term leases, Mr. Smith advised that renewal of the lease agreements could include an escape clause. He explained that the ultimate concept is to have one facility, approximately 30,000 square feet, in the central part of Lake County. The Umatilla facility will be approximately 8,000 to 12,000 square feet. The RFP for the South Lake facility is being done for approximately 12,000 square feet. He commented that we have a legislative budget request with the State and may know in April, May or June whether that request will be approved.
Ms. Hall stated that the thought is that we would roll the RFP to seek proposals to construct a new facility or renovate an existing facility within the Golden Triangle area into the RFP that we are preparing for South Lake County, making it a two-part RFP. Proposals, part or both, could be received from anyone who is interested. She confirmed that authorization has been given for the Clermont facility.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved authorization to move forward with renegotiation of leases for the Administrative Office (Eustis), the Van Dee Building (Eustis) and the Delaporte Building (Mount Dora); and authorization to prepare a RFP, in conjunction with the RFP being prepared for South Lake County, for either a new facility or renovation of an existing facility within the Golden Triangle/Central Lake County area.
Regarding the Umatilla Health Clinic, Mr. Jim Bannon, Facilities Development and Management Director, advised that a completion date would be about two years after the January 19 meeting with the architects and stakeholders. Options would be to expand the existing building or demolish it and build a new facility. Those proposals will be brought to the Board for direction.
Commr. Cadwell stated that he hopes this is the real timeframe because this project has been going on a long time.
Mr. Bannon explained that the timeframe is predicated on quick decisions, by the Board and staff and by permitting, and whether funding is budgeted. He assured the Board that the process will be expedited as quickly as possible.
Commr. Cadwell stated that this facility services an area where people have the most problems with transportation. He stated that getting it reopened needs to be one of our top priorities.
Commissioners Stivender and Pool agreed that the entire Board supports this project.
CHANGE ORDER - BRIDGES ROAD
Mr. Jim Stivender, Public Works Director, presented the request for approval and authorization to execute Change Order Number 1 to the Bridges Road Widening and Resurfacing and CR-48 Local Agency Program (LAP) Sidewalk Project Number 2005-01 in the amount of $201,228.16, Commission District 3. The Board awarded the contract on June 7, 2005, and since that time, a significant amount of roadway base failures have been discovered on Bridges Road. The Change Order will contract to rebuild the section of roadway from County Road 33 to U.S. Highway 27 and staff recommends approval.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request to execute Change Order Number 1 to the Bridges Road Widening and Resurfacing and CR-48 Local Agency Program (LAP) Sidewalk Project Number 2005-01 in the amount of $201,228.16, Commission District 3.
SUPPLEMENTAL LOCAL AGENCY PROGRAM AGREEMENT - CR 48
Mr. Jim Stivender, Public Works Director, presented the request from Public Works for approval and authorization of signatures on a resolution and the Supplemental Local Agency Program (LAP) Agreement with the Florida Department of Transportation for County Road 48 Paved Shoulders from State Road 19 to U. S. Highway 27, FPN 415472-1-A8-01, which was approved by the BCC on January 25, 2005. Staff is asking for an extension of about a year on the CR 48 paved shoulders due to nesting eagles. Mr. Stivender advised that the project will be completed by early fall of this year.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved and authorized signatures on Resolution 2006-6 and the Supplemental Local Agency Program (LAP) Agreement with the Florida Department of Transportation for County Road 48 Paved Shoulders from State Road 19 to U. S. Highway 27, FPN 415472-1-A8-01, which was approved by the BCC on January 25, 2005.
PROMOTIONS AND INTRODUCTIONS
Jim Stivender, Public Works Director, announced the promotion of Ms. Lori Conway as Funding and Production Division Director; Mr. Jeff Johnson has been promoted to Construction Inspection Manager; and Mr. Bobby Bonilla is the new Director of the Parks and Trails Division.
Commr. Cadwell stated that, over the years, he has constantly gotten good calls about Mr. Johnson and the job he does in dealing with the residents and the construction companies.
APPOINTMENTS - AFFORDABLE HOUSING ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the execution of Resolution 2006-7 reappointing the following members to the Affordable Housing Advisory Committee.
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, presented the request for approval and execution of a resolution authorizing eminent domain for right of way from Viola Buford in conjunction with the Sleepy Hollow Road Realignment Project. He explained that the acquisition was approved in August 2005 (Resolution 2005-123) but the legal description did not cover all the property required for the project.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request for execution of Resolution 2006-8, authorizing eminent domain for right of way from Viola Buford in conjunction with the Sleepy Hollow Road Realignment Project and amending the legal description.
REPORTS - COUNTY MANAGER
LAKE JEM FIRE STATION/TAVARES FIRE STATION NO. 2
Mr. Gary Kaiser, Director of Public Safety/Fire Chief, advised the Board that Lake County will colocate a unit (slated for the new station on CR 448) at Tavares No. 2 fire station on Lane Park Road if approved by the Tavares City Council this month. This is a temporary solution to providing protection closer to the Lake Jem/Shirley Shores area until the new County fire station is completed, possibly in December 2006.
Commr. Stivender stated that, when the Tavares station was in design, she suggested colocating with the City. She thanked Ms. Cindy Hall, County Manager, and Mr. Kaiser for their work on this issue.
Ms. Hall introduced Mr. Barnett Schwartzman, the new Procurement Services Director.
Ms. Hall reminded the Board that a goal-setting retreat is scheduled for Friday, January 27, 2006, at a location yet to be determined.
REPORTS - COMMISSIONER HILL - DISTRICT #1
Commr. Hill explained that State Representative Alan Hays sponsored House Bill 179, a road naming bill, which designates a portion of Old U.S. Highway 441 near the A.W. Peterson Gun Shop in Mount Dora as the Leighton Lee Baker Memorial Highway. The bill has passed through one House Committee successfully and has two more stops. Senator Paula Dockery is the Senate sponsor. The late Leighton Baker, father of State Senator Carey Baker, was very active in the community, in many local civic organizations and also served in the Florida House of Representatives. The bill would require the Department of Transportation to erect markers at either end of the designated portion of the road between David Walker Drive and Eudora Road. Florida Statute requires that a city and/or county must pass a resolution in support of the name change. She requested that the Chairman be authorized to prepare a resolution and send a letter today in support of the name change.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board authorized the Chairman to send a letter in support of designating a portion of Old U.S. Highway 441 in Mount Dora as the “Leighton Lee Baker Memorial Highway” and approved authorization for the Chairman to prepare Resolution 2006-9 in support of this action, per Florida Statute.
Regarding naming of facilities, Commissioner Hill suggested adding to a future agenda the process, procedure or policy for such actions.
Ms. Hall advised that she sent the Board a draft procedure recently and she will add that item to the Board’s retreat agenda on January 27, 2006.
PRESENTATION - INNOVATIVE STRATEGIES FOR SUSTAINABLE GROWTH
Commissioner Hill thanked Commissioner Hanson for bringing forth the presentation on Innovative Strategies for Sustainable Growth - Florida’s Rural Land Stewardship Program. She suggested extending an invitation to the agriculture community and ranch owners when the Board discusses this further. While there is no active agriculture committee in Lake County, a list of names could be obtained through the cattlemen’s club and the farm bureau.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
DR. MARTIN LUTHER KING, JR. EVENTS
Commissioner Stivender announced that she attended the Dr. Martin Luther King, Jr. breakfast on January 6, along with Commissioners Cadwell and Hanson. She also attended the play at Lake-Sumter Community College on January 7 and made a presentation on behalf of the Cultural Affairs Council, one of the sponsors of the event. There are two upcoming events. One is Sunday, January 15, at the First Methodist Church in Eustis. Another is Monday, January 16, from 10:00 a.m. to 1:00 p.m. at Lake-Sumter Community College.
PARKING GARAGE AND JUDICIAL CENTER EXPANSION
Commissioner Stivender stated that she has had several calls regarding the parking garage and the Judicial Center expansion. She asked for an update and noted that the Board had directed the County Attorney to speak with and negotiate with the property owners who have retail businesses. She stated that options should include keeping the retail businesses in downtown Tavares. She asked for a presentation, possibly at the upcoming workshop. She stated that she has heard that the Board is divided on what should be done downtown and she asked for a public clarification on whether or not the Board is divided.
Commr. Pool stated that he has met with staff. Commissioners Cadwell and Hanson stated that they will meet with staff next week.
Mr. Bannon advised that he has set meetings with the Commissioners to get their feedback.
Commr. Stivender stated that she has a meeting with Mr. Bannon today but she needs to have something to tell the attorneys for the property owners who are calling her.
Commissioner Cadwell opined that attorneys for the property owners should be talking with the County Attorney, not with the Commissioners.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
Commissioner Cadwell announced that he attended the Trout Lake Nature Center’s volunteer luncheon on January 8. He stated that they are extremely appreciative that the Board is a more active partner now.
REPORTS - COMMISSIONER HANSON - CHAIRMAN & DISTRICT #4
GUARDIAN AD LITEM VOLUNTEERS
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the execution of Resolution 2006-01 recognizing the efforts of Guardian Ad Litem volunteers. (The resolution will be presented on January 17, 2006.)
COMMISSION LIAISONS ON LAKE COUNTY BOARDS AND COMMITTEES
Discussion occurred among the Commissioners regarding the 2006 liaison appointments to the various boards and committees.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the list of Liaison/Membership Appointments for 2006 as presented except that Commissioners Pool and Cadwell will serve on the Regional Planning Council and Commr. Pool will serve on the Industrial Development Authority; and approved the execution of Resolution 2006-10 appointing Commr. Stivender as Chairman of the Tourist Development Council.
REFERENDUM - SUPERINTENDENT OF SCHOOLS
Commr. Hanson stated that the Lake County School Board, by way of a letter from Superintendent Anna Cowin and a resolution passed by the School Board, requested that the Commission discuss and approve the School Board's request to place a referendum on the November 7, 2006, ballot for the proposition to authorize and require the School Board to select and appoint a Superintendent of Schools in Lake County. The text of the proposition to be placed on the ballot is as follows:
RESPONSIBILITY OF SCHOOL BOARD TO APPOINT SUPERINTENDENT
SHOULD THE SCHOOL BOARD OF LAKE COUNTY BE AUTHORIZED AND REQUIRED TO SELECT AND APPOINT A SUPERINTENDENT OF SCHOOLS? IF YOU WANT THE SUPERINTENDENT OF LAKE COUNTY SCHOOLS TO BE APPOINTED BY THE SCHOOL BOARD, THEN SELECT “YES.” IF YOU WANT THE SUPERINTENDENT TO REMAIN AN ELECTED POSITION, THEN SELECT “NO.”
Ms. Joyce Stephens, Board Member of the Lake County League of Women Voters, stated that her Board wants the Commissioners to be aware that the League of Women Voters has held the position of appointing a Superintendent of Schools for many, many years. She requested approval of the request.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request of the Lake County School Board to place a referendum on the November 7, 2006, ballot for the proposition to authorize and require the School Board to select and appoint a Superintendent of Schools in Lake County.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham, Forest Hills Association, repeated past requests for help with equipment for their area parks. He asked for assistance for a resident, a cancer patient, who has no transportation to her doctor in Volusia County.
The Board advised Mr. Whigham to speak with Mr. Ken Harley, Public Transportation Manager, regarding the resident.
Mr. Roy Hunter, Northeast Lake Chamber of Commerce, advised that residents should do more to help themselves in preparation for hurricane season and other disasters, such as buying an extra can of food and a gallon of water every week.
Dee Dee Stroup
Ms. Dee Dee Stroup, Astor, in speaking about Tab 18, asked that the residents be given information and be kept involved regarding Lake County’s Blueways network system and acquisition of property south of Astor on the St. Johns River.
Commissioner Cadwell stated that he advised staff earlier in today’s meeting to involve the residents in the process. Staff has been authorized to do due diligence on the property so that the Board can make an educated decision.
REPORTS - COMMISSIONER HANSON (CONTINUED)
SEPTIC TANK REPLACEMENT ISSUE
Commr. Hanson referred to the septic tank replacement issue and a letter, under her signature, that would be presented at the TRAP meeting. (Technical Review and Advisory Panel, under the Florida Department of Health’s Bureau of Onsite Sewage Programs.) Individual and local governments need to be given the opportunity to address the issue of septic tank replacement on a site-specific or area-specific basis. If it can be demonstrated that no impact or an insignificant impact is occurring or probable, then alternatives should be considered.
Commr. Cadwell emphasized that the Board is not wavering from what it thinks ought to be happening in the Wekiva area but the Board wants common sense to prevail.
Commr. Hanson commented that it is very easy to have the rule go over the whole area, whereas, on a site-specific basis, it may not be appropriate at all or densities may be so low that it would not be effective and would cost some people a great deal of money.
Commissioners Cadwell and Hanson reiterated that the Board is very much committed. Commr. Hanson stated that they want the money to go where it can be most effective.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved adding the septic tank replacement issue to the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board authorized the Chairman to prepare a letter to be presented at the TRAP meeting regarding the septic tank replacement issue.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK