A REGULAR MEETING OF THE BOARD OF
NOVEMBER 7, 2006
The Lake County Board of
INVOCATION AND PLEDGE
Pastor Ed Price, of United Faith Assembly of God, in Leesburg, gave the Invocation and led the Pledge of Allegiance.
Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1
to the Agenda, containing two consent items, one being a request for approval
to submit the grant application for the Read and Write Around Florida Library
Services and Technology Act (LSTA) Grant, and the other one being, under
Departmental Business, a request to approve Department of Community Services’
facilitation and support, working with the Lake County Health Department’s
Community Health Worker Capacity Development.
She also stated that the contract for Ajax Building Corporation to act
as Construction Manager for the
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved to add said item to the Agenda.
Commr. Cadwell stated that he had two items to add to the Agenda, one concerning the naming of streets in the Lake Joseph Landing subdivision.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved adding said item to the Agenda.
Commr. Cadwell stated that the other item was a request for approval to officially accept a procedure for accepting recommendations and requests in regard to a memorial for Sheriff Chris Daniels.
Commr. Hanson stated that she would like to add to the Agenda a special presentation by Ms. Jennifer Sullivan, a high school sophomore with the 4-H, regarding her rally for peanut butter as a food source for the hungry, and some of the results of what they have done.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Minutes of July 25, 2006 (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 August 22, 2006 (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 October 3, 2006 (Regular Meeting), as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2, Items 1 through 19, as follows:
List of Warrants
Request to acknowledge receipt of list of 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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending September 30, 2006. Disbursements due to Board: $163,599.44. Same period, last year: $158,871.78.
Lake County Water Authority’s Final Budget for Fiscal Year 2006/2007
Request to acknowledge receipt of Lake County Water Authority’s Final Budget for Fiscal Year 2006/2007.
Village Center Community Development District‘s Amended Budget for Fiscal Year 2005/2006
Request to acknowledge receipt of Amended Budget for the Village Center Community Development District for Fiscal Year 2005/2006, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.
City of Umatilla’s Community Redevelopment Area (CRA) Document
to acknowledge receipt of Community Redevelopment Area (CRA) document for the
Annual Report and Five Year Plan from the Lake
Request to acknowledge receipt of the 2005 Annual Report and Five Year Plan from the Lake County Water Authority Board of Trustees, in accordance with Chapter 2005-314, Laws of Florida.
Annual Budget for City of
Request to acknowledge receipt of the
Annual Budget for the City of
Notice Before the Public Service Commission by Colina Bay Water Company
Request to acknowledge receipt of
Notice Before the Public Service Commission - In regard to an Application for
Certificate to Operate Water Utility in
Consummating Order By the
Commission: By Order No.
PSC-06-0775-PAA-WU, issued September 18, 2006, this Commission proposed to take
certain action, subject to a Petition for Formal Proceeding as provided in Rule
25-22.029, Florida Administrative Code.
No response has been filed to the order, in regard to the above
mentioned docket. It is, therefore,
ordered by the
Southwest Florida Water Management District Governing Board Meeting Agenda and Approved Minutes of Meeting
Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for October 24, 2006, to be held at 9:00 a.m., at the Brooksville Headquarters, 2379 Broad Street, Brooksville, Florida; and Approved Minutes of the Meeting of the Governing Board, held on July 31, 2006.
Approving Transfer of Water and Wastewater Certificates to City of
Request to acknowledge receipt of
Order Approving Transfer of Water and Wastewater Certificates in re:
Application for Transfer of Water and Wastewater Facilities to City of
Ordinance from the City of
Request to acknowledge receipt of Annexation Ordinance No. 922, from the City of Mount Dora, annexing by voluntary petition property located at 3750 Lake Center Loop, said property being contiguous to the City of Mount Dora. Passed and ordained the 17th day of October, 2006, by the City Council of the City of Mount Dora, Florida.
Southwest Florida Water Management District Budget in Brief – Fiscal Year 2006/2007
Request to acknowledge receipt of Southwest Florida Water Management District Budget In Brief – Fiscal Year 2006-2007 Annual Service Budget, which was adopted by the Governing Board on September 26, 2006, pursuant to the provisions of Section 373.536(6)(a)(1), Florida Statutes.
Request to acknowledge receipt of Notice Before the Florida Public Service Commission – Notice of Commission Hearing to All Parties of Record and All Other Interested Persons – Docket No. 060644-TL. Petition to recover 2005 tropical system related costs and expenses by Embarq Florida, Inc.
Two public hearings will be held in the above referenced docket, to begin at the following times and places: Thursday, November 16, 2006, at 10:00 a.m. to 1:00 p.m., at the School Board of Lee County, Board Room, Dr. James A. Adams Public Education Center, at 2055 Central Avenue, Ft. Myers, Florida; and on Wednesday, December 13, 2006, at 10:00 a.m. to 1:00 p.m. (CST), at Ft. Walton Beach City Hall, City Commission Chambers, 107 Miracle Strip Parkway SW, Ft. Walton Beach, Florida.
Any person requiring some accommodation at the hearing, because of a physical impairment, should call the Division of the Commission Clerk and Administrative Services at (850) 413-6770, at least 48 hours prior to the hearing. Any person who is hearing or speech impaired should contact the Florida Public Service Commission, by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).
Ordinance from the City of
Request to acknowledge receipt of
Annexation Ordinance No. 2006-41, from the City of
Ordinance from the City of
Request to acknowledge receipt of
Ordinance No. 898, from the City of Mount Dora, annexing within the City
approximately 290.73 acres, generally known as Wolf Stone Estates subdivision,
located on the southwest corner of
Annexation Ordinance No. 2005-47, Correcting Scrivener’s Error
Request to acknowledge receipt of Annexation Ordinance No. 2005-47 (corrected Ordinance), previously distributed January 4, 2006, correcting scrivener’s error, as noted in legal description (Exhibit A).
Request to acknowledge receipt of the Florida Public Service Commission – Notice of Commission Hearing and Prehearing to All Parties of Record and All Other Interested Persons – Docket No. 060644-TL. Petition to recover 2005 tropical system related costs and expenses by Embarq Florida, Inc.
A one-day public hearing will be held in the above referenced docket, to begin at the following time and place: Thursday, January 4, 2007, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
Any person requiring some accommodation at the hearing, because of a physical impairment, should call the Division of Commission Clerk, and any person who is hearing or speech impaired should contact the Florida Public Service Commission, by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).
of Public Hearing for Annexation and Rezoning from City of
Request to acknowledge receipt of
Notice of Public Hearing for Annexation and Rezoning, from the City of
City Council Meeting, as the Local Planning Agency, on November 6, 2006, at
7:00 p.m.; Groveland City Council Meeting on November 6, 2006, immediately
following the LPA Meeting; and Groveland City Council Meeting on November 20,
2006, at 7:00 p.m. The meetings will be
held at the
No. 2006-11-106 – Annexing approximately 22 acres generally located southwest
of the intersection of US 27 and SR 19, into the City limits of the City of
Ordinance No. 2006-11-107 – Reclassifying the zoning from AG and R-1, Lake County, to C-1, City of Groveland, for 22 +/- acres in the City of Groveland, owned by MPG Groveland Ltd. and A. F. Hickman and H. A. Miller, Trustees, within the City of Groveland, Florida.
Ordinance No. 2006-11-108 – Reclassifying the zoning from AG, Lake County, and R-2, City of Groveland, to R-3, City of Groveland, for 37 +/- acres, owned by G.S. and P.A. Hart, Trustee, within the City of Groveland, Florida.
Report on Development of Regional Impact for
Request to acknowledge receipt of
Annual Report for August 16, 2005 through August 16, 2006, on the Development
of Regional Impact for the
Regarding Tab 9, Commr. Stivender wanted to recognize the annual grants from the Children’s Services providers, and she wanted to make sure everyone realized the amounts of money that are going out into the community to help the children in Lake County. She stated that this year it was $254,000.00 to 14 different organizations, after going through a review process. She stated that the County is still moving forward with this effort, and that they need additional monies with the population growth, but that this is a good start.
Commr. Pool stated that he thinks, as to Tabs 13-15, that the Board should recognize the citizens who requested that the County purchase their lands because of flood situations, and identify that the County is taking care of those citizens who are in need.
Commr. Cadwell stated that he appreciates the Board’s help pertaining to Tabs 13-15, and that it is the only way to fix that long standing problem, since there was no engineering solution.
a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a
vote of 5-0, the Board approved the
Budget Transfer - Renewal Sales Tax -
Capital Projects Fund, Department of Facilities Development and
Management. Transfer $12,840,165.00 from
Buildings to Projects (Project 80010 – Downtown and
Resolution No. 2006-208, to amend the Law Enforcement Trust Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $838,049.00 deposited into Confiscated Property and provide appropriations for the disbursement for Other Current Charges and Obligations ($768,049.00), Machinery and Equipment ($50,000.00), and Aids to Private Organizations ($20,000.00). Unanticipated revenue has been received into the Law Enforcement Trust Fund from confiscated property for funding the Sheriff’s Office operating expenses.
Approval of request for payment of
Request for approval and signature of revised Lake County Library System Interlibrary Loan Policy.
Request for approval of recommended library closings for calendar year 2007.
Request for approval and signature
authorization of Proclamation No. 2006-206, recognizing November 16, 2006, as
National Smoke-Out Day in
Request for approval and authorization for the Chairman to sign the FY 2006/07 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc. in an amount not to exceed $18,180.00 to transport senior citizens to congregate meal sites; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Request for approval and authorization for the Chairman to sign the FY 2006/07 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc. in an amount not to exceed $18,180.00 to be used to deliver weekend meals to homebound senior citizens; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.
Request for approval of annual grant funding for fourteen children’s service providers who have submitted applications for 2006/2007 county funds through the Citizens’ Commission for Children (CCC) Request for Proposal (RFP) process; request authorization for signatures on subsequent agreements contingent on County Attorney approval; request authorization to encumber and expend funds.
Request for approval and execution of the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida Division of Emergency Management.
Request for approval for (1) the FY 06/07 State Homeland Security Grant Program (SHSGP) Issue 6 Contract; and (2) the continuance of the part-time temporary position to perform required services.
Request for approval of a one-time purchase to International Restaurant Distributors, Inc. for kitchen equipment to be installed in the Lake County Jail.
Request for approval and execution of a purchase agreement with Tina G. Bodnar; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.
Request for approval and execution of a purchase agreement with William and Kathy Johnson; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.
Request for approval and execution of a purchase agreement with Cecile F. and Edgar Beaucher; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.
Request for authorization to accept
the final plat for
Request for approval to authorize and
execute Resolution No. 2006-209, accepting Shetland Trail, Thoroughbred Trail,
Appaloosa Trail, Welsh Trail, and
Request for approval of Resolution No. 2006-210, authorizing the posting of “No Trucks” (symbol) with “Over 4 Tons” and “Local Delivery Only” signs on Washington Street (1643), North Grassy Lake Road (1944), and posting advance “No Trucks” (symbol) with “Over 4 Tons”, “Local Delivery Only”, and Washington Street street sign for Washington Street posted on CR 50/Old Hwy. 50 (1551), east and west of Washington Street in the Minneola area.
Request for approval and signature on Resolution No. 2006-211, authorizing the posting of speed limit signs on the following roads in the Hilltop Subdivision – Commission District 4: Gere Lane (4787C); Throughbred Trail (4787A); Shetland Trail (4787); and Welsh Trail (4787B)
Request for authorization to accept
the final plat for
Request for approval and authorization for Chairman to execute Satisfaction of Liens for fourteen road assessments, as follows: No. 690010 - Lorraine C. Eckley; No. 690011 - Lorraine C. Eckley; No. 694019 - Nancy E. Keener; No. 694080 - William G. and Loretta Snyder; No. 694181 - Charles McCann; No. 694207 - Michelle M. Truesdell; No. 696035 - Robert L. Chaney, et al; No. 702018 - Ross H. Orris; No. 702109 - Martin J. and Nancy Levesque; No. 702023 - Deborah Weichel; No. 702034 - Lori S. McElmurry; No. 702035 - Frank and Kay Williams; No. 702045 - David C Hite; and No. 696040 - Valerie Horn.
Request for approval of an extension for Capital Improvement Projects and Regional Project from Fiscal Year 2005/2006 for the following municipalities; and authorization for the Chairman to execute the Amendments to Agreements when submitted:
ADDENDUM NO. 1 – I.
Community Services (Cont’d.)
Request for approval to submit grant application for the Read and Write Around Florida Library Services and Technology Act (LSTA) Grant.
PRESENTATION – UPDATE ON PEANUT BUTTER (P.O.P.) PROJECT
Ms. Jennifer Sullivan, a high school
sophomore, addressed the Board and thanked them for their endorsement of the
Peanut Butter (P.O.P.) Project and opined that it wouldn’t have been as
successful without their help. She
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the
Request for approval to execute a Perpetual Right-of-Way Easement with Sumter Electric Cooperative, Inc. for the Lake Jem Fire Station property.
for approval of the Second Amendment to the Lease Agreement between
Request for approval to advertise an Ordinance Creating a Proportionate Fair Share Program to establish a method for mitigating impacts of new development on transportation facilities.
The Chairman presented the following Employee Awards, with Ms. Sharon Wall, Employee Services Director, commenting about the employee’s service to the County:
Presentation of Award to Employees with Five Years of Service
Donna Bailey, GIS Analyst/Stormwater, Public Works/Engineering/Stormwater
Dennis Martino, Equipment Operator I, Public Works/Road Operations
Robert Henderson, Equipment Operator III, Public Works/Road Operations
Presentation of Award to Employees with Ten Years of Service
Dondre Collins, Environmental Technician, Environmental Services/Hazardous Waste
Harrie Edwards, Landfill Attendant Supervisor, Environmental Services/Solid Waste Disposal Operations
Presentation of Award to Employee with Fifteen Years of Service
Bruce Talbot, Firefighter/Mechanic, Public Safety/Fire
Presentation of Award to Employee with Twenty Years of Service
Thomas Mitchell, Fire Lieutenant/EMT, Public Safety/Fire Rescue
Presentation of Award to Retiring Employee
Judy Evans, Expo Center/Fairgrounds Director, Tourism and Business Relations, Fairgrounds (Not Present)
Employee of the Quarter – Third Quarter
Roseann Johnson, Contracting Officer, Procurement Service
Supervisor of the Quarter – Third Quarter
Cindy Heffler, Customer Services Specialist III, Environmental Services/Solid Waste Operations
Ms. Sharon Tatum, Educational
Specialist, Environmental Services, introduced Ms. Cornell Glass’ Service
Learning Class from
Commr. Stivender expressed
appreciation to Ms. Tatum and Ms. Glass.
She commented that Ms. Glass has been doing a great job with the
Commr. Hanson commented that the
Service Learning Class was actually a spin off of a program that was created at
PRESENTATION-POINTS OF LIGHT VOLUNTEER AWARD
Commr. Hanson introduced Mr. Chandler Watkins, who stated that he is very honored to win this award and that he encourages others to do what he has done by helping the community and by giving to the homeless and to people that really need it.
Commr. Hanson commented that the
Governor’s Points of Light Volunteer Award is the highest honor that
Commr. Hanson presented
PRESENTATION – FUNDING OF PERFORMING
Dr. Charles Mojock, President,
Dr. Mojock stated that they have a
February 1, 2007, deadline with the State to have funds in the bank to be
matched for the next legislative session, and that he feels that this deadline
is not likely to be reached. However, he
feels that they can start taking some of the next steps of project planning,
such as design work and update of cost estimates. He opined that by Spring, he could possibly
move forward if he gets the financing in place by December 2007, and that in
the summer of 2008, they could start contracting for construction. He stated he would like to hear from the
Commr. Pool asked Dr. Mojock if the deadline to receive matching funding is an ongoing process. Dr. Mojock responded that the deadline of February 1, 2008, will be the next window after the February, 2007 deadline.
Commr. Pool asked if there is a cost estimate on the architectural design fees. Dr. Mojock answered that they do not have one yet, but that they are looking at going to schematic, putting a Request for Proposal (RFP) out, and go through their normal process for selecting an architect, which takes about a month or two. Commr. Pool commented that the Board asked staff to come up with some funding thoughts.
Ms. Cindy Hall,
Commr. Stivender stated that the Performing Arts Center group has been trying to figure how to fund the project without putting a burden on one entity and how the system of getting the one penny tax would work to help smaller organizations throughout the county.
Commr. Cadwell asked if the bonding
Commr. Cadwell also opined that it
does not look like they have gotten their other partners “on board” yet. He also stated that the issue of the extra
penny tourist tax needs to be resolved by the Board before any other issues
would be discussed, and that the matching funds from the general fund would
have to be discussed as well. He asked
Mr. Sandy Minkoff,
Dr. Mojock responded by stating that had been discussed with the bond agencies, and given the nature of the obligation and the community service element of the project, they generally feel confident that that would not be a barrier to providing financing.
Commr. Hanson commented that she thought this was a wonderful opportunity, and that it goes beyond culture to economic development, and that you cannot get the businesses in town if you do not have the culture. She believes that it is important to support the community organizations, but that it is also critical for them to have a project such as this, which is an umbrella type project that affects the entire county. Commr. Hanson commented that they should keep the big picture in mind, and she would not think the Board would want to lose the opportunity that this project brings.
Commr. Stivender responded that the Tourist Development Council would agree with Commr. Hanson’s opinion.
Commr. Pool commented there was momentum with County support as well as involvement of the cities. He also stated that he has received a letter from the City of Minneola asking for a portion of the penny tax for sports, and that there may be competing needs and wants for the extra penny of tourist tax within the County. He asked Ms. Hall when the vote will occur for the one cent tax. She responded that the Board would need to direct staff to draft an Ordinance to bring back to the Board.
Commr. Cadwell asked Dr. Mojock if they can match the project’s costs to what the funding will be. Dr. Mojock replied that he would do that, and that the original plan was for 1600 seats, which they bumped up to the 2000 seat range, based on feedback they got from talking to agents and people around the country about size and relative need as far as attracting some national touring companies and those types of things.
Commr. Stivender commented that one of the reasons it was bumped up to 2000 seats is so that some high schools could use it for graduation.
Commr. Hill opined that she was reluctant to vote for the motion because she feels it would be unfair to the two new Board members to have the discussion as an agenda item, and she believes that they should be informed of this issue in a workshop, so that they can hash over some issues. She opined that this is a very major decision for them to decide where to place the last penny of a tax.
Commr. Hanson commented that the new candidates have all already met with many of the supporters of this and are knowledgeable about the issue.
Commr. Cadwell asked Mr. Minkoff to clarify that the Ordinance itself would not spell out the division of the dollars, that it would only levy the additional penny. Mr. Minkoff responded that that was correct, and that they would mimic the statutory language so that it would state that it would be limited to the uses allowed by Statutes.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried, by a vote of 4-1, the Board approved to direct staff to prepare an agenda item for the extra tourist sales tax.
Commr. Hill voted “No.”
REFUND OF SCHOOL IMPACT FEES
Wendy Wickwire, County Impact Fee Coordinator, addressed the Board, stating
that this Agenda item is an appeal by Mr. John Nuedorff, a resident of
Leesburg, for a refund of the school impact fees paid on his building permit
through the City of
John Nuedorff addressed the Board, stating that he is building a home at
Ms. Wickwire commented to the Board that staff is recommending denial of the request. She commented that at the time the $424 fee was calculated, it was based on a formula dating back to 1996, basing the fee on the number of bedrooms; but if the fee was calculated the same way it is done now, that fee would have been a lot higher. Also, that would set a precedent for any one coming in with any prepayment certificates that were purchased prior to the fee going to a flat rate per home.
Commr. Cadwell commented that there have been other instances where people have prepaid the impact fees and then come in and built something different. Ms. Wickwire stated that many people have done that, and the County’s policy has always been to charge the difference between what was prepaid and what the new rate would be.
Mr. Nuedorff stated that if he had known ahead of time that the fees had been prepaid, he possibly would have built a two-bedroom home, but he was not advised until several weeks after paying the fees that it had been prepaid. Ms. Wickwire responded that it is ultimately the responsibility of the purchaser of the prepayment certificate to provide it when they pull their building permit in order to get credit.
Commr. Pool asked Ms. Wickwire that if he had built a two-bedroom home, would he have had a full refund. She responded that if he had built a two-bedroom home, and the prepayment certificate had been turned in, he would have paid no school impact fee, because he would have built what he prepaid for. If he built a two bedroom home, and the prepayment certificate was not turned in, then he would have been entitled to a refund of the full $7,055.00 that was charged. Under the circumstances, he is entitled to a refund of the $424.00 that he should have received as credit towards the current fee because of the prepayment certificate.
Mr. Nuedorff stated that he would be glad to call one of his bedrooms a den if that would make anyone happy. Ms. Wickwire responded that they do have guidelines now as to what is a bedroom and what is not, and that they no longer go by what is on the plans.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried, by a vote of
4-1, the Board denied the refund of
the impact fees paid by Mr. Nuedorff, but approved the refund of $424.00 less
than the 3 percent to the City of
Commr. Stivender voted “No.”
SICK LEAVE BANK POLICY
Mr. Jim Condon, from Facilities Management and a member of the Employee Advisory Committee (EAC), addressed the Board, thanking them for the opportunity to present some possible changes to the current Voluntary Sick Leave Bank Policy. He commented that it was a contributory system, and therefore there is nominal cost to the County. He stated that these changes are requested as a collaborative effort between the employees and the Employee Advisory Committee to improve the Sick Leave Bank Program. The program allows our employees an opportunity to participate in a leave bank from which they can withdraw when they have deleted their leave accruals due to a serious personal injury or an illness. Some recommendations by the EAC include reducing the waiting period from one year to six months to coincide with the end of the probationary period, adjusting the enrollment hours to 40 from the original 80, and allowing participants to request a second withdrawal if medically necessary to complete the course of treatment or rehabilitation.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the new Voluntary Sick Leave Bank Policy.
AJAX BUILDING CORPORATION CONTRACT
Jim Bannon, Director of Facilities Development and Management, addressed the
Board, stating that they are submitting for the Board’s approval the contract
for construction management services from Ajax Building Corporation for the
Commr. Stivender asked Mr. Bannon what the fee was based on. He responded that the fee is basically based on the amount of man/woman hours associated with the project and the time that their staff travel to and from meetings. He opined that it was a fair fee given the size of the project, and stated that it was not based on percentage.
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a vote of 5-0, the Board approved the contract for Ajax Building Corporation
to act as Construction Manager for the
RECESS AND REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess for ten minutes.
Mr. Jim Stivender, Jr., Public Works
Director, addressed the Board, regarding a request from Public Works for the
approval and signature of the Chairman on the Agreement between
Commr. Stivender commented that she
has been appointed by the School Board to be on the Advisory Boundary Committee
in the south end of
Ms. Leslie Campione, Esquire,
addressed the Board on behalf of Tom and Nancy Madden, who are lot owners
within The Vistas subdivision, to ask the Board not to approve this
agreement. She opined that the reason
was based primarily on legal rights that cannot or should not be extinguished
through the removal of payment and the installation of an earthen berm, which
she believes would be tantamount to a road closure. She commented that Florida Statutes are very
clear about what has to occur when there is a road closure. Property owners in
a platted subdivision have rights, such as implied easements over platted
streets and a right to utilize that road.
She stated that the barricades that were originally placed there were
placed as a temporary solution in an effort to eliminate the cut-through
traffic and try to alleviate some safety issues while the connector was being
explored, planned, and finally built.
She opined that the County’s Code does not allow a berm or obstruction
to be placed in a right of way. She
stated that historically, obstructions have been allowed in different forms,
but only outside the parameters of the road itself. She stated that this case certainly can be
challenged, and she urged the Board to not undertake an action that violates
their own Code and Florida Statutes. She
opined that the solution would be a manual gate where the barricades currently
are, which would be deemed temporary, and then when the connector is in place
and people are used to using that route, the gates could be opened and traffic
counts could be conducted, to get an idea of whether the connector relieved the
cut-through traffic that was causing so many problems. She believes that to be a less costly
solution. She informed the Board that
her clients have filed a petition against their HOA asserting that they have a
dispute, and under Florida Statutes, they are entitled to seek mediation, which
she believes will end up in litigation over whether the Board has the authority
to give away the rights of lot owners who are not in agreement with what they
are doing. She commented that if the
money in this agreement is expended by the County, there is a very good chance
that the money would be wasted, and that they would also have to expend a large
amount of money to remove the berm. She
urged the Board to look for a solution that would take care of the issues
without imposing something that is permanent and contrary to Florida Statutes
Mr. Sandy Minkoff,
Ms. Campione responded by stating that she disagrees with Mr. Minkoff’s conclusion, and that she thinks it would subject the County to a level of liability from not only a lawsuit, but also from damages that would ultimately be paid for by the taxpayers. She opined that a decision to enter into this agreement would not be in the best interest of the County, since there is a pending lawsuit between lot owners and the HOA, and would urge the County to look at other solutions such as a manual gate.
Commr. Hanson commented that she does not think the gate has ever been presented as an option during previous discussions of this issue with the Board. She clarified that Ms. Campione is asking for a postponement until some issues have been resolved, and that she does not have a problem with postponing this decision for 30 days.
Commr. Cadwell commented that he met with Mrs. Madden this week and told her that he was not inclined to change his mind, and that it was time to put this issue to rest, since it has been ongoing for over a year. However, he stated that he has not heard the issue about the school bus brought up by Commr. Stivender, and that he would like something in writing from the School Board confirming that.
Commr. Pool stated that the homeowners might vote on the idea of a gate, since it would stop the traffic, and if they wanted to go through they could, and it would not be a permanent closure. He stated that he does not have a problem with postponing this issue.
Commr. Cadwell commented that the Board should keep in contact with Mr. and Mrs. Madden on the process and inform them of any future Board meetings regarding this issue.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board postponed approval of the Agreement between the County and The Vistas Homeowners Association until the first of the year (January, 2007), giving time for the School Board to research their bus routes and to look into any issues or options concerning the closing of the road.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board appointed Ms. Cheryl Coco as the Lady Lake Public Library’s Member Representative on the Lake County Library Advisory Board, to complete an unexpired term ending February 28, 2008.
AMENDMENT TO INTERLOCAL AGREEMENT
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request for the Amendment allowing Central Lake CDD to serve the additional area.
CHANGE TO WOODLANDS AGREEMENT
a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously,
by a vote of 5-0, the Board approved the request to extend the time to 60 days
for Prestige to explore relocation to the
ADDENDUM NO. 1 (CONT’D.)
COMMUNITY HEALTH WORKER CAPACITY DEVELOPMENT
Fletcher Smith, Community Services Director, addressed the Board regarding the
Community (Lay) Health Worker Program.
He stated that the Health Communities Access Program (HCAP) grant that
the County secured several years ago is ending in February, 2007. He stated that at the present time, the County
has an excess of $400,000 left on that grant that can be used to fund programs
and structures out in the community to provide sustainable types of programs
for community health initiatives. They
have looked at a number of different model projects throughout the State and
the Country, including the Rural Women’s Health Project in Alachua County,
which utilizes volunteers in the community to act as lay health workers,
promote educational awareness and linkages to health services throughout the
County, and serve as advocates in that community for a number of issues. He commented that they have funds that they
can use from the HCAP grant in the amount of $75,000.00 to initially start the
program and run it through the end of February, and that would cover training,
operational cost, and cost of a coordinator that would manage the community
volunteers, but after February 28, 2007, they would need another source of
funding. He has identified potential
funding in his departmental budget through the Health Care Responsibility Act
(HCRA), which is State mandated funding.
He opined that this was a great program, and that if he gets approval of
the program, during the seven months from March through September, 2007, they
will be working to identify other funding sources, and that there are a number
of grants that are aimed at nonprofit and local agencies to provide these types
of services. He commented that he is
looking to target the Hispanic community in
Commr. Hill commented that this Committee has done their very best to identify how to best utilize those last remaining dollars. She commented that this is not new money, but a shift, and that they probably could have done this without coming to the Board, but it is a new program and idea, but with the existing funds. They wanted to make sure that the Board was well informed of how this committee is functioning, and that they are doing very well.
Mr. Smith stated that they will be hiring the coordinator as a limited-term grant funded County employee until the end of September, 2007. During the interim between the end of March and September, they would be looking at a nonprofit that would take ownership of the program and look at additional funding that nonprofits are eligible for.
Commr. Hanson commented that at the end of the funding term, what they would look at would be how much leveraging has been accomplished using the dollars for that staff person, and then look into pulling together all the volunteers in the community and the greater collaboration of the different agencies that are providing health care.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request from Community Services to utilize Health Communities Access Program (HCAP) funds for Community (Lay) Health Worker (CHW) capacity development.
REPORTS – COMMISSIONER STIVENDER – DISTRICT NO. 3
STUFF THE BUS PROGRAM
Stivender requested that Mr. Fletcher Smith, Community Services Director,
address the Board regarding the “Stuff the Bus” Program, using Transportation
Disadvantaged buses, which takes place the first two weekends in December. Mr. Smith explained that Lake County Connection
is working with the Transportation Disadvantaged Program and the Department of
Community Services to participate in the food drive in
Commr. Stivender commented that they will also be able to advertise the new name of the transportation system because the Board will have chosen it by the time they have the buses out there. She stated that a motion was not necessary on this item, and she just wanted the Board to be aware of it.
REPORTS - COMMISSIONER HILL – DISTRICT NO. 1
PARTICIPATION IN GOVERNMENT DAY IN THE VILLAGES
Hill thanked employees who came out for Government Day in The Villages, and
gave special appreciation to Mr. Tom Osebold, with the Veteran’s
Administration; Mr. Chris Patton, Information Outreach Department; and Ms.
Brenda Quattlebaum and Ms. Allison Thall, Elder Affairs Director, Community
Services. She commented that they had a
good time and saw a lot of people, a lot of them from
40TH ANNIVERSARY PLAQUE FROM LAKE COMMUNITY ACTION AGENCY
Commr. Hill relayed to the Board, to be displayed later, that they had received the 40th Anniversary plaque from the Lake Community Action Agency. She commented that it was very nice, and that the Agency really appreciated all the years that the County has participated in their organization.
MARTIN LUTHER KING CELEBRATION IN FEBRUARY, 2007
Commr. Hill stated that the Board got a letter regarding the Dr. Martin Luther King celebration that will be held in February, 2007, and she wanted to make sure that they participate.
REPORTS - COMMISSIONER POOL – DISTRICT NO. 2
A FINAL FAREWELL AND THANK YOU FROM COMMISSIONER POOL
Commr. Pool stated that, this being his final Board Meeting, it had been an honor to serve with all the members of the Board of County Commissioners and the general public, one he was not expecting when he started years ago. He commented that after 26 years, he appreciated the opportunity, and when he looks back on the different challenges they had and the opportunities that they have seized, that it has been wonderful. He stated that the Parks and Recreation Land Acquisition Programs; the library program, with the five branch libraries with two new ones coming on line; the Joint Planning Area (JPA) Agreement with the Cities; the incinerator; and the transportation with the LSMPO (Lake-Sumter Metropolitan Planning Organization) have all been exciting. He commented that it has been a rewarding experience for him. He stated that it could not have happened without family, a loving wife, Beverly, and a lot of friends, and that he goes forward with regrets, but excited about a new chapter in his life.
REPORTS - COMMISSIONER STIVENDER – DISTRICT NO. 3
Stivender stated that on Saturday, November 4, 2006, the Florida Band
Association had their Marching Assessment for 2006 at
REPORTS – COMMISSIONER CADWELL – DISTRICT NO. 5
MEMORIAL TO SHERIFF CHRIS DANIELS
Cadwell requested that the Board officially accept a procedure for the next 30
days to accept recommendations and requests from citizens or groups in regard
to some type of memorial for Sheriff Chris Daniels. He suggested that once they compile that
list, that they meet with Sheriff Borders and Sheriff Daniels’ family and decide
on a common project that everyone would feel comfortable doing for the
memorial, and then bring it back to the Board for their approval. He stated that there should be a process,
since so many people want to do things to commemorate Sheriff Daniels, and this
would give them a framework to do that.
He stated that all requests should be forwarded to the
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request to set up a process to gather recommendations for Sheriff Daniels’ Memorial.
Cadwell addressed the Board, regarding an item that was brought up under Public
Comment during the Board Meeting of October 17, 2006, in regard to a request
for approval of road names for Lake Joseph Landing. He stated that he thinks the Board got a copy
of the Staff Report about this issue. He
commented that when they set up those rules regarding road names, they were concerned
about development coming in and taking proper names that the County would
want. He stated that in this particular
subdivision, Lake Joseph Loop was fine, because it was named after a lake, but
the other two roads were
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 5-0, the Board approved the names of Lake Joseph Loop,
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the conducting of Operation Wreaths Across America services at the World War I monument on December 14, 2006, at 12:00 p.m., by the Civil Air Patrol.
CONVERSION OF OLD COOPER MEMORIAL LIBRARY SITE
Commr. Pool commented that he was aware of the meetings, and that he does not know what became of an idea to build a three-story structure, utilizing different portions. He asked if they were now thinking about razing the building and putting a different structure in its place.
Ms. Hall responded by saying that they are still discussing those things, and that they have not really participated in the discussions because they have not had Board approval to do so, and she is bringing it before the Board so that they can start participating in some of those discussions.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request to allow the County Manager to go forward with negotiations regarding conversion of the site of the old Cooper Memorial Library for a location for constitutional officers.
REPORTS - COMMISSIONER HANSON – CHAIRMAN AND DISTRICT NO. 4
WEKIVA TRAIL PROJECT
Commr. Hanson requested Board permission to add an item to the Agenda regarding the Wekiva Trail Project.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved adding said item to the Agenda.
Commr. Hanson introduced Mr. T. J.
Fish, Executive Director, Lake Sumter Metropolitan Planning Organization (MPO),
who addressed the Board. He stated that
the MPO Board took action in August, 2006, to reprioritize all the proposed
enhancement projects, which are typically trail projects seeking federal
funding, and that the MPO Board at that time prioritized the proposed Wekiva
Trail as Number 8 on that list. He
commented that currently the status of that concept is to link
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request from the LSMPO for the County’s support of the Wekiva Trail Project.
RIBBON CUTTING CEREMONY FOR SHETLAND TRAIL
Commr. Hanson stated that they had
the ribbon cutting ceremony for the Shetland Trail on November 6, 2006, in
Hanson thanked staff for the State of the
PRESENTATIONS TO OUTGOING COMMISSIONERS
PLAQUES FROM LAKE-SUMTER EMERGENCY MEDICAL SERVICES
Jim Judge, from Lake-Sumter Emergency Medical Services (EMS), presented
Commissioners Hanson and Pool, on behalf of the Lake-Sumter EMS Board of
Directors and staff, with plaques thanking them for all of their support over
the last six years. He commented that it
has meant a great deal to them and helped them to be where they are today. He stated that the plaques were in
recognition and appreciation for exemplary leadership and services of the Lake
County Commission, and that their dedicated support of Emergency Medical
Services helped make Lake-Sumter EMS one of the most innovative and cost
effective governmental public safety agencies in the State of
Commr. Hanson commented that she could not say enough for Mr. Judge and Commr. Cadwell for their leadership in this effort.
Pool commented that when
PLAQUES FROM TRAIL FRIENDS
Richard Dunkel, from Trail Friends, addressed the Board, stating that in Seminole
County in the mid 1990’s, he was glad to have a champion for trails on the
Seminole County Commission, since people were wary of having trails near their
homes, but after a while they were finally glad to have the trails, and later
the goal was to have a trail within a mile of every residence. He stated that in the late 1980’s, he also
approached Lake County regarding trails, after the approval of the Apopka to
Mabel Trail, but it got a lukewarm reception.
Then, as things started developing with the Wekiva, the issue of trails
got on the radar screen with Commr. Hanson and Commr. Pool, and they became
their champions in
Cadwell presented Commr. Hanson with a plaque commemorating her 16 years of
service. He commented that when she
Cadwell presented Commr. Pool with a plaque commemorating his 8 years of
service. He commented that Commr. Pool
has brought a real impact to the Board, was always positive, and that he never
heard him say a negative thing about anyone.
Commr. Cadwell also presented posters to Commr. Pool and Commr. Hanson
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK