A
REGULAR MEETING OF THE BOARD OF
JULY
15, 2008
The
Lake County Board of
INVOCATION
AND PLEDGE
Mr.
Neil Kelly, Lake County Clerk of Court, gave the Invocation and led the Pledge
of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall,
Commr.
Hill stated that Tab 35 would be moved ahead of the presentations.
Mr.
Sandy Minkoff, County Attorney, stated that he would like to add an item to the
Agenda under his business regarding the proposed Amendment to the Contract for
purchase of the property on SR 50 in Clermont, and if the Board approves same
it would include a budget transfer.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 4-0 vote, the Board approved the postponement of Tabs 22, 24,
30 and 31; moved Tab 35 ahead of Tab 21; and added to the County Attorney’s
business, the proposed Amendment to the Contract for the purchase of property
on SR 50 in Clermont, which would include a budget transfer.
MINUTE
APPROVAL
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board
approved the Minutes of June 4, 2008 (Special Meeting – Safety Summit), as
presented and June 17, 2008 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
Commr.
Renick commented that she realized they were acknowledging receipt of these
items, but had some citizens who were concerned with whether Clerk’s Consent
Agenda item 10, annexations from the City of
Mr.
Minkoff verified that Growth Management sent them weekly reports of all
proposed annexations for review and stated that he would discuss those with her
later.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2,
Items 1 through 11, 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.
Annual
Financial Audit Report for Estates at Cherry Lake Community Development
District
Request to acknowledge receipt of
Annual Financial Audit Report for the Fiscal Year Ended September 30, 2007, for
Estates at Cherry Lake Community Development District.
Proposed
Annual Budget of Arlington Ridge Community Development District
Request to acknowledge receipt of Arlington
Ridge Community Development District Proposed Annual Budget – Fiscal Year 2009.
The Public Hearing to adopt the proposed budget has been scheduled for August 5, 2008.
Ordinance
from City of
Request to acknowledge receipt of
City of Groveland Ordinance No. 2008-07-23
extending and increasing the corporate limits of the City of
Proposed
Budget for Founders Ridge Community Development District
Request to acknowledge receipt of
Founders Ridge Community Development District proposed budget for Fiscal Year
2009, in accordance with Section 190.008 (2) (b), Florida Statutes.
Notice
of Commission Service Hearings to Aqua Utilities Florida, Inc.
Request to acknowledge receipt from
the Florida Public Service Commission: Notice of Commission Service Hearings to
Aqua Utilities Florida, Inc., The Office of Public Counsel and all other
interested persons, Docket No. 080121-WS.
Application for Increase in Water
and Wastewater Rates in Alachua, Brevard, Desoto, Highlands, Lake, Lee, Marion,
Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and
Washington Counties by Aqua Utilities Florida, Inc.
Registration
of the Plaza Collina Community Development District
Request to acknowledge receipt of a
copy of letter from the Department of Community Affairs, dated June 17, 2008,
acknowledging the registration of the Plaza Collina Community Development
District and asking Mr. Michael Eckert, as registered agent, to verify and
update the information on the Special District Fee Invoice and Update Form.
Notice
of Application of Cedar Acres to Operate Existing Water System in
Request to acknowledge receipt of
Notice of the application in Docket No. 080098-WU, of Cedar Acres, also known
as Cedar Acres, Inc. pursuant to Section 367.045, Florida Statutes, to operate
an existing water system providing service to the following described territory
in
All
of the North half of Section 1, lying SW of U.S. Highway 27-441, LESS the SW ¼
of the NW ¼ of the NW ¼, LESS the SW ¼ of the NE ¼ lying SW of U.S. Highway
27-441, and LESS that part of the NE ¼ of the NE ¼ of the NW ¼ lying SW of said
U.S. Highway 27-441, in Township 18 South, Range 23 East, Sumter County.
Together
with the NE ¼ of Section 2, Township 18 South, Range 23 East, LESS the NW ¼ of
the NE ¼,
Notice
before the
Request to acknowledge receipt of
Notice before the Florida Public Service Commission – Re: Order
Suspending Tariffs, Order No. PSC-08-0385-PCO-EQ, issued June 10, 2008,
for the following:
Docket No. 080184-EQ - Petition for
approval of standard offer contract for small qualifying facilities and
producers of renewable energy, by Tampa Electric Company.
Docket No. 080187-EQ - Petition for
approval of amended standard offer contract and COG-2 rate schedule, by
Progress Energy,
Docket No. 080193-EQ - Petition for
approval of renewal energy tariff and standard offer contract, by Florida Power
& Light Company.
Docket No. 080194 – Petition for
approval of new standard offer for purchase of firm capacity and energy from
renewable energy, facilities or small qualifying facilities and approval of
tariff schedule REF-1, by Gulf Power Company.
Ordinances
from the City of
Request
to acknowledge receipt of Copies of the following Ordinances from the City of
Ordinance No. 2008-05-462 annexing
property generally located off Honeycutt Road (from Highway 50 West, to North
Tuscanooga Road to Honeycutt Road) 51.76 acres more or less, said Ordinance No.
2008-05-463 annexing property
generally located off Highway 50 and off Tuscanooga Road (from Highway 50 West,
to North Tuscanooga Road) 2134.2 acres more or less, said property being
contiguous to the City of Mascotte.
Annexation Notices from the Town
of
Request
to acknowledge receipt of Notices from the Town of Lady Lake for public
hearings to be held on July 10, 2008 at 6:00 p.m.; August 4, 2008 at 5:30
p.m.; August 4, 2008 at 6:00 p.m.; and at the Town Commission Meeting pending
DCA review process, in the Town Hall Commission Chambers, 409 Fennell
Boulevard, Lady Lake, regarding Annexation Ordinances 2008-14 and
2008-17; Large Scale Comprehensive Plan
Amendments 2008-15 and 2008-18; and Rezoning Ordinances 2008-16 and
2008-19.
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a 4-0 vote, the Board approved the
Budget
Request for approval of the following Budget Change
Requests:
Budget
Transfer – General Fund, Department of Public Works, Public Lands Section.
Transfer $2,500,000 from Land (Project 10001) to Aids to Government
Agencies.
Budget
transfer - Public Transportation Fund, Department of Community Services, Public
Transportation Division. Transfer $32,146 from Contractual Services to
Machinery and Equipment. On February 26,
2008, Resolution 2008-26 was
approved to purchase several items, including scheduling software and other
costs. The RFP for the scheduling
software is $32,146 over the amount budgeted from the Resolution. This transfer is needed to purchase the
scheduling software. The funds are
available from the Resolution in the Contractual Services account line.
Community
Services
Request
for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement
Amendment No. 7 from July 1, 2008 through August 31, 2008.
Conservation
and Compliance
Request
for approval for
Economic
Growth and Redevelopment
Request
for approval to advertise the Ordinance amending Section 9.03.06, Lake County
Code, Appendix E, Land Development Regulations, entitled Parking Requirements,
changing the wholesale and warehousing requirements from lot area to gross
leasable area.
Growth
Management
Request for approval to advertise Ordinance
creating article VIII, Chapter 6, Lake County Code, entitled Green Building
Standards.
Request for approval to advertise
Ordinance Section 6-7 of the Lake County Code, entitled Emergency Suspension.
Procurement
Request for approval to execute the
Settlement and Release Agreement with MV Contract Transportation, Inc.
Public
Works
Request for authorization to release
a maintenance bond in the amount of $99,697.00 posted for Timberlane Phase
I. Timberlane Phase I consist of 64 lots
and is located in Section 6, Township 23 South, and Range 26 East. Commission
District 2.
Request for approval and execution
of Resolution No. 2008-94 authorizing the reduction of the speed limit on
Request for authorization to award
Lakeshore Drive Intersection with Oswalt Road Project No. 2008-06 Bid No. 08-0019, to State Asphalt
Corporation, in the amount of $539,760.75, and encumber and expend funds in the
amount of $539,760.75 from Road Impact Fees Benefit District 5 Fund. Commission
District 2.
Request for approval and execution
of Resolution No. 2008-95 to
advertise Public Hearing for Vacation Petition No. 1112-John W. Bustle &
Nancy Bustle, to vacate a portion of a right of way know as
Request for approval and execution
of Resolution No. 2008-96 to advertise Public Hearing for Vacation Petition No.
1136-Jim Stivender, Public Works - Stormwater Section, to vacate two (2)
drainage easements, in the Plat of Cashwell Minnehaha Shores on Lake Minnehaha,
located in Section 35, Township 22 S, Range 25 E, and Section 2, Township 23 S,
Range 25 E, in conjunction with the Elbert Street Stormwater Project, in the
Clermont area. Commission District 2.
Request for approval of LAP
Agreement and supporting Resolution No. 2008-97 between
Request for authorization to accept
the final plat for Langley Industrial Park, and all areas dedicated to the
public as shown on the Langley Industrial Park plat, accept a maintenance bond
in the amount of $54,102.00, execute a Developer's Agreement for Maintenance of
Improvements Between Lake County and Richard H. Langley, and to execute
Resolution No. 2008-98 accepting the following roads into the County Road
Maintenance System: Republic Drive “Part” (Co. Road No. 2223), and Democracy
Street (Co. Road No. 2223A).
Request for authorization to accept
the final plat for Arbor Ridge, and all areas dedicated to the public as shown
on the Arbor Ridge plat, accept a maintenance bond in the amount of $25,324.00,
execute a Developer's Agreement for Maintenance of Improvements Between Lake
County and Kentucky Bluff, Inc., and to execute Resolution No. 2008-99
accepting the following road into the County Road Maintenance System: Sonoma
Ridge Lane (Co. Road No. 2339). Arbor Ridge consists of 11 lots and is located
in Section 25, Township 21 South, Range 25 East. Commission District 3.
Request for authorization to accept
the final plat for Christopher C. Ford Central Park Phase III, and all areas
dedicated to the public as shown on the Christopher C. Ford Central Park Phase
III plat, accept a maintenance bond in the amount of $87,200.79, execute a
Developer's Agreement for Maintenance of Improvements Between Lake County and
Lakeview Industrial Properties, Inc., and to execute Resolution No. 2008-100 accepting the following road into the
County Road Maintenance System: Republic Drive “Part” (Co. Road No. 2223).
Christopher C. Ford Central Park Phase III consists of lots and is located in
Section 29, Township 21 South, Range 25 East. Commission.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously
by a vote of 4-0, the Board approved Tabs 19 and 20 of the County Attorney’s
Consent Agenda, which tabs approved settlements with Bret and Angela Smith, and
Dalton and Esther Long, and authorized payment to Robert Q. Williams, Esq. for
legal services.
PRESENTATION
- LAKE
Commr.
Hill stated that Tab 35 was a presentation of Resolution No. 2008-101 by Commr.
Stivender and turned the time over to her.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously by a 4-0 vote, the Board approved Resolution No. 2008-101
designating Dr. Diane Kamp as the Official Lake County Historian.
Commr.
Stivender invited Dr. Kamp and Mr. Bob Grenier, President of the Lake County
Historical Society, to come forward for the presentation. Commr. Stivender stated that this idea came
from Mr. Bob Cook who was unable to attend the meeting today. She asked those in the audience from the Lake
County Historical Society to stand and be recognized, noting that this was a
small group of people who kept the history of this county going by taking care
of the museum, and keeping up with ongoing events. Commr. Stivender acknowledged that it was a
worthwhile project and was the only
Mr.
Grenier addressed the Board stating that this was a great honor and that the
Lake County Historical Society joined the
INTRODUCTION
Commr.
Hill acknowledged Ms. Sanna Henderson, Leesburg City Commissioner, who was in
the audience.
PRESENTATION
– VOLUNTEER SERVICE AWARD
Ms.
Helena Osborne-Ponsi, Volunteer Coordinator, Community Services, addressed the
Board stating that she was privileged to bring before the Board two
extraordinary men. She explained that
the President’s Volunteer Service Award was created to recognize Americans who
had made and sustained a commitment to volunteer service. She stated that the President of the United
States and the Chairman of the Lake County Board of County Commissioners
signed-off on the letters of appreciation and these two men were now listed in
Washington, D. C. for their lifetime of service to the citizens of the United
States and would receive a gold “Call to Service” pin, the highest volunteer
award received in the United States.
Ms.
Osborne-Ponsi invited Mr. Donald Roy to join her so that Commr. Hill, as
Vice-Chairman, could present him with his plaque, letters from the President of
the
Ms.
Osborne-Ponsi invited Mr. John Swaim to join her at the podium. She reported that Mr. Swaim had served with
distinction as an advocate for volunteering in
Commr.
Stivender commented that beyond this organization Mr. Swaim was always at the
high school with his granddaughter making sure everything was okay with the
band boosters.
PRESENTATION
–
Mr.
Anthony Ehrlick, Chairman of the Corridor Management Entity (CME) of the
Florida Black Bear Scenic Byway, addressed the Board and recognized his wife,
Mrs. Elizabeth Ehrlich, and Mr. Monso Tatum, Vice Chairman of the CME, who were
seated in the audience. He reported that
the Florida Black Bear Scenic Byway was approximately 116 miles long and was
the second longest of nineteen scenic byways in
Commr.
Stewart thanked Mr. Ehrlich for coming today and for the Certificate. She commented that this group was one of the
most committed groups she had ever had the privilege to work with. She stated that they had contributed
countless hours of their time and energy to make SR 40 and the State of
PRESENTATION
– TRAILS MASTER PLAN
Commr.
Hill stated that the Trails Master Plan, Tab 25, would be presented to direct
staff to forward the Plan to the Lake-Sumter Metropolitan Planning Organization
(LSMPO). She mentioned that although it
was not customary during a presentation, she would take public comments since
there were several people in the audience who wished to address the Board. She explained that the Plan would go to the
LSMPO and be brought back to the Board for public hearing once it was adopted.
Mr.
Jim Stivender, Public Works Director, stated that several years ago they put
together a program for Parks and Trails after the Parks Plan was adopted and
presented what they had done since 1991 in developing parks and trails in
Mr.
Graber thanked the Board for the opportunity to present the Trails Master Plan
and explained that the purpose of the Plan was to enhance the existing
Mr.
Graber remarked that the top five ranked trails in
Mr.
Graber reported that they had developed design concepts and guidelines for the
trails with a signing palette that would uniformly provide wayfinding
throughout the County, and proto-typical trailheads. He stated that they had developed design
standards that could be incorporated into the County design guidelines
including typical cross-sections for the trail that were done at an engineering
level for incorporation into construction plans, standard details about how the
intersections would occur, and intersection signing. He explained that the implementation of the
trails system relied on a wide variety of local, county, state and federal
funding sources. He stated that they had
identified over 70 funding sources including the Florida Greenways and Trails
Program, Florida Communities Trust Grants, and Transportation Enhancement
Program and also mentioned strategic partners such as developers and roadway
projects. He stated that in the five
year funding goal there were currently 30 miles of existing multi-use
trails. In the ten year funding goal
they would add another 21 miles of trails and that would be evenly spent
between developments and stand-alone trails.
The twenty year funding goal adds another 40 miles of trails for a total
of approximately 102 miles. He stated
that based on funding goals, the County would meet the SCORP level of service
at about year ten. He commented that the
twenty year goal includes 164 miles of trails studied. He explained that the next steps would be to
take public input today, present the Plan to the MPO and at the end of the
process they would distribute the final update by way of electronic copies with
the GIS files to state and local agencies, cities, towns and stakeholder groups
as well as those departments within Lake County who needed a copy. He closed by stating that the future success
of trails in Lake County would depend on communication between County
departments, state and federal agencies that have jurisdiction over elements of
the trail, and within the Development Review Process. He further stated that local advocacy groups
were extremely important because they watch for funding and partnering
opportunities, and watch for trail interests within cities and towns. He recommended that an evaluation be done for
potential sources of dedicated funding within
Commr.
Stewart commented that at the Wekiva Coalition meeting last week they discussed
elevating a large part of the road to protect the wildlife corridor in the
Wekiva and there was some concern that the path along the elevated section
could deter the wildlife from using it.
For that reason, she stated there was consideration of an alternative
route through the
Mr.
Graber stated that he appreciated the comment and agreed that they had several
conversations regarding the impact of the trail adjacent to a wildlife
structure. He explained that they have
had conversations with Rock Springs Run and expressed their concern. He stated that he had a conversation with Mr.
Keith Schue and agreed that they needed to look at all alternatives which would
occur during the PD&E study.
Commr.
Renick expressed her concern as stated in her July 14, 2008, memorandum
regarding the South Lake Trail to Ms. Hall, Mr. Minkoff and Mr. Stivender. She stated that they had been very fortunate
to get the design money from DOT, but was concerned because acquiring the right
of way had been a real problem and a slow process. She commented that they were hoping to get
the money they needed for construction from DOT, but they needed to proceed
with the right of way first and not put that in jeopardy.
Mr.
Graber stated that with regard to the South Lake Trail, Ms. Michelle Wilkinson,
Property Management Agent,
The
Chairman opened the floor to the public for comments about the presentation.
Mr.
Egor Emery of Eustis expressed his appreciation for the opportunity to speak
today as a stakeholder on multiple levels.
He stated that he had worked for several years in a bicycle shop and
explained that trails were very important to that business. He commented that
Mr.
Hamid Mazuji of Tavares stated that while riding a bike down
Mr.
Keith Schue, a Nature Conservancy advocate, and member of the LPA (Local
Planning Agency) applauded
Mr.
Mike Martin, Florida Division of Forestry, commended the Board on the County’s
trail concept noting that he actually lives in
Mr.
Roy Hunter, representing the North East Lake Chamber of Commerce, emphasized
the need for shoulders along roads from CR 439 when traveling on CR 42 to
Mr.
Ralph Bowers, City Manager of Fruitland Park, stated he was here today
representing the Mayor who is an avid advocate of the trail system, but was
unable to attend the meeting. He spoke
regarding communication, relationships, effective government and how these
affect their trail. He stated that effective government was generally built on
relationships formed between individuals and organizations by effective
communication. He stated that
unfortunately there was a problem in communication. He referred to a letter dated May 30, 2008,
stating that Lake County was withdrawing from the Gardenia Trail Project going
through the City of Fruitland Park. He
reported that this letter was copied to three members of the FDOT, and two
employees of Public Works, but unfortunately the cities affected by the
Gardenia Trail were not copied. He
remarked that this was a sincere lack of communication. He commented that it also indicated that
Commrs.
Stivender and Hill commented that they were confused and asked the location of
the Gardenia Trail and if the name of the trail had been changed.
Mr.
Bowers stated that the Gardenia Trail goes through Leesburg,
Mr.
Stivender interjected by stating that he had written the letter to DOT based on
budget cuts and apologized for not including the cities. He explained that the DOT initially did the
project and asked them to be the local representatives on it which meant they
had to upfront the money. He stated that
they did not have the money to upfront in this budget year, therefore, they
deferred back to DOT and told them they could be a participant agent with the
other three cities along with the County, but that they could not front the
project and take the leading role. He
explained that it was really a budget decision, more than communication. He commented that it was not a lack of
support of the trail; they were very much in support of the trail, but rather a
case of reality of the funding that they expected. He went on to say that they did not front the
money on the South Lake Trail last year, but waited until July of this year to
put the RFP on the street when the DOT money had funding in place. He stated that the biggest challenge with LAP
projects such as this was putting hundreds of thousands of dollars upfront and getting
reimbursed in two or three years. He
mentioned that since they were unable to do that, they deferred this
project. He commented that he should
have contacted each city and informed them of the situation.
Commr.
Renick asked Mr. Stivender to explain by way of analogy how the County was not
abandoning the trail, and to explain where that trail fell on the priority
list.
Mr.
Stivender explained that there were a lot of trails with higher priority that
already had an RFP, already designed, and already had right of way. He stated that this trail was actually one
that was a prelude to the six lane project of the Hwy. 27/441 corridor. He explained that the original request was to
have a trail along the
Commr.
Stewart apologized and stated that cooperation and communication between the
cities and the County was very important.
Mr.
Mike Burske, Parks and Recreation Director of the Town of Lady Lake, and also a
member of the LSMPO and BPAC reiterated Mr. Bowers comments regarding Lake
County dropping out of the project and asked that the County continue being a
partner because the only way they would be successful was to have the LSMPO,
FDOT and the County together. He stated that the trail continues into Lady
Lake and that the PD&E study should be completed in October, they have
started acquiring right of way, and were ready to adopt it into their
Comprehensive Plan. He mentioned that
Fruitland Park had quite a bit of land ready for it so they were in a very good
position to start this trail, but that they definitely need the County’s
support.
Commr.
Stivender stated that she knew it would get done, but that it was handled
inappropriately at the time. She
defended the staff by stating that the Board had been making some great demands
on them and it was not that they were at all opposed to working with the cities,
it was just something that slipped through the cracks and was not intentional.
Mr.
T. J. Fish, LSMPO, stated that he worked with the Board and all the cities and
wanted to add that the Gardenia Trail was an unusual project. He explained that normally you have to front
money to get reimbursed by DOT and, in the absence of a true local sponsor; DOT
stated that they would directly pay for the Gardenia Trail study. He commented that the study was moving along
and was dependant on right of way. He
explained that Leesburg and
Mr.
Fish commented that in terms of priority of what actually gets funded, South
Lake Trail, without debate, was number one because it had been studied,
designed, and right of way was being acquired.
He explained that it was very important to get construction funded which
would only occur if the right of way was secured and certified by DOT. He stated that they also have momentum with
the Gardenia Trail and would like to get the study and design as soon as
possible. He commented that the Wekiva
Trail would be next.
On
a motion by Commr. Stivender, seconded by Commr. Renick and unanimously carried
by a 4-0 vote, the Board accepted the Master Trail Plan as presented.
Commr.
Stivender commended the staff of both the MPO and
Mr.
Stivender stated that the staff of Parks and Trails, and Engineering had done a
great job getting different people to the table and commented that the idea was
to take miles of requests and consolidate them into a priority system because
of the scarcity of reality in funds.
BUDGET
FIRE
RESCUE ASSESSMENT FEES
Mr. Doug Krueger, Budget Director, addressed the Board with
respect to Tab 26, Fire Rescue Assessment, and acknowledged the performance of
Ms. Carole Boyle, Senior Assessment Specialist, who
did an excellent job administrating the Fire Rescue Program and prepared the
majority of the information in the agenda item.
He stated that they were requesting approval of Resolution No.
2008-102 to begin the process for the adoption of the Fire Rescue Assessment
Rate which sets the maximum rate that could be imposed this fiscal year,
authorizes the publication for the advertisement, provides direction to notice
all affected parties of the proposed rates, and directs the imposition of Fire
Rescue Assessment fees for the Fiscal Year beginning October 1, 2008. He stated that the recommended rate for
Fiscal Year 2008/2009 at the present time was $175 which was a reduction of
about $22 from the current rate of $197 and also provided for a residential rate
of $76.23 in The Villages enclave. He
commented that the other rates associated with Fire Assessment for the RV
Parks, hotels, motels, commercial, and industrial warehouses were all set in
relation to the residential rate and were based on a study prepared by
Government Services Group who reviewed incident data for 2006 and prepared the
report that was presented to the Board in March 2008. He reported that the Fire Assessment rate
would generate approximately $17.1 million.
He mentioned that the reason for the rate reduction was that part of the
Fire Rescue budget must now be funded through a property tax rate, which was
the portion related to Emergency Medical Services. He stated that the recommended budget will
show a millage rate of .3222 mills associated with Emergency Medical Services,
so this $175 reduces it down from $197 and only deals with the Fire Rescue
portion. He reported that the total
operating budget recommended for next year for Fire Rescue was $21.9 million,
which included six positions for a Harbor Hills Fire Station, eliminated two
office assistant positions, and included the replacement of an engine pumper.
Commr. Stewart requested that Mr. Krueger explain to the
public the millage with Emergency Services and that the County had no choice,
it had to be done.
Mr. Krueger stated that there was a lawsuit in the City of
Commr. Hill stated that in order to create the MSTU
(Municipal Service Taxing Unit) for Medical Services, Mr. Krueger’s estimation
was that they would need a .3222 millage rate.
Mr. Kruger interjected that it would be approximately $3.8
million before applying the discounts and that would also be offset by a $3.8
million reduction in the countywide tax rates, both in the general fund and the
public lands debt service.
Commr. Hill asked if that would be sufficient to create the
MSTU if they came back during the budget hearing and decided to reduce that
.3222.
Ms. Cindy Hall,
Commr. Hill questioned whether they could run the Fire
Department even though the medical would be taken out and paid for from the
MSTU.
Mr. Kaiser responded that the
Commr. Hill stated that she was for reducing taxes and
assessments, but did not want to reduce it by $22 because that was the money
used to build the fire stations the citizens had requested.
Commr. Renick explained that it was not really a reduction,
but rather a separation of funds. She
stated that they separated Emergency Medical Services into another fund.
Ms. Hall stated that they hoped they
had explained this clearly in the budget which was being distributed
today. She remarked that if they created
the new millage to pay for Emergency Medical Services in the unincorporated
area and commented that there were really two offsets to increase in the Fire
MSTU millage - one of them was the $22, but in addition to that, there were
some millage reductions in other funds and that was at the direction of the
Board in order to ensure that any millage was also offset.
Commr. Hill stated that she wanted to
make sure they understood because once it was set after going through the
budget process it could not be raised.
Mr. Kaiser commented that the $175 would not provide for
future construction at this point and time, and that if they wanted to provide
that flexibility or advance some of those fire stations it would take a rate
higher than $175. He also made the Board
aware that this puts a halt to the catch-up program they had been on the last
four years and they would not be making up anymore other than the Harbor Hills
area. He stated that the plan they had
to provide services and expand for those areas stops.
On a motion by Commr. Stewart, seconded by Commr. Renick and
carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-102
which initiates the annual process for preparation of the Fire Rescue Assessment
Roll, authorizes the publication of the advertisement for the public hearing,
provides direction to notice all affected parties of the proposed rates, and
directs the imposition of Fire Rescue Assessment fees for the Fiscal Year
beginning October 1, 2008.
COMMUNITY SERVICES
Ms. Allison Thall, Citizen's Support Services Director, and Mr. Howard Wiener, Chief Financial Officer for LifeStream Behavioral
Center, Inc., were present at the meeting to
share with the Board an opportunity they had with LifeStream to access Federal
Medicaid dollars that could be drawn down on behalf of
Mr. Weiner
addressed the Board stating that the Florida Legislature had a program where
they could leverage the local match they were already being provided and then
reimburse fifty-six cents for every dollar of federal money which would allow
the expansion of intervention services to the citizens of Lake County. He stated that they would still receive State funds, but this would
be additional resources coming into the County over and above what they had
been receiving. He explained that these
programs were already in place.
On a motion by Commr. Stivender, seconded by
Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved
authorization to execute the following:
(1) Florida Medicaid Provider Enrollment Application; (2) Certified
Medicaid Match Agreement between the Agency for Health Care Administration (ACHA)
and the County for the reimbursement of specified substance abuse treatment
services for Medicaid recipients; and (3) Florida Medicaid Provider Billing
Agent Agreement with LifeStream Behavioral Center.
PUBLIC HEARING:
Commr.
Hill welcomed Ms. Nicki Mahoney, a resident member of the Public Housing
Agency (PHA) Governing Board, who was required to join the County Commission
Board as a voting member for action on this item.
Ms. Stacey Kleinfeld,
Section 8 Housing Manager, presented an overview of the Plan required annually
by the Department of Housing and Urban Development (HUD). She commented that because
they were a mid-sized housing agency, the Plan was very simple and explained
that while reviewing the Plan the Board would find areas they could ignore
since they are a Section 8 only Housing Authority. She remarked that next year they would be presenting
an in-depth Five Year Annual Plan regarding what they propose to do with their
program in the future.
The Chairman opened
the public hearing.
There being no one who wished to
address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board
approved the Lake County Public Housing Agency (PHA) Annual Plan for Fiscal
Year 2008 and authorized the Chairman to sign and certify appropriate documents
for submission.
PUBLIC HEARING
SPECIAL ASSESSMENT PROJECT NO.
VENETIAN VILLAGE SUBDIVISION
Mr. Jim Stivender, Public Works
Director, stated that this was the first Special Assessment Program they had
done in several years. He commented that
it was a very popular program in the 1980’s but had dwindled since then due to
the fact that some of the old subdivisions that predated subdivision
regulations either were in areas that were not cost feasible to build roads, or
they basically run the cycle where they existed or did not qualify. He
commented that the special assessment under discussion today was for Project
No. 101 for Lisa and
Commr. Stivender commented that this
is the first special assessment since the two new commissioners came onboard
and she recalled that in the past if the project had been worked on for a
number of years and the price ended up being too high, the County would come
back and take on more than the property owners because of the time frame. She asked if he had looked at that to see if
there was any way they could assist them in reducing the $52.
Mr. Stivender commented that because
the railroad did not participate and to be able to get from this point to the
intersection was included in there, they did take that factor out and $52.25
could be reduced to $40.87 which would be an $8 increase rather than a $20
increase from the original price. He
mentioned that when this was sent out the option of putting this on the tax
rolls was sent out in the original wording, and it was now actually proposed as
being set on the tax rolls so instead of a separate billing system, they would
be part of the tax rolls.
Mr. Minkoff stated that it would not
change the payment schedule or when the payments were required to be made.
The Chairman opened the public
hearing.
Mr. Ken Miller addressed the Board
stating that he lives on
Mr. Stivender stated that he could
answer all the questions. He stated that
Lois was a County maintained road and they had to essentially rebuild it by
removing all material that was there, put a fabric down, and stabilize all the
mud that was dug from the canals in the 1960s.
He stated that this road was exactly the same thing, it had huge craters
in it and other things that were unstable and that would all be rectified. He commented that the contractor was
responsible for properly constructing the road and not interfering with the
houses at any time during construction.
He explained that they had done Lois so they actually had a good history
of exactly what needed to be done because Lois had held up very well and it
gets more traffic than Lisa. He
mentioned that they actually used Lois as a test case for other places in
Mr. Miller stated that with today’s
prices some people were thinking that with the economy the way it was, they
needed to get the best prices. He
commented that some people were worried about their taxes saying they had paid
the same taxes the last 30-35 years and they were unable to understand why they
should have to pay for the road and wanted to know if the people on Lois had to pay to have it brought
up to County standards.
Mr. Stivender commented that for the
last 30 years Lois was a County maintained road, and was in the County
maintenance system. Therefore, it was
not a special assessment. He stated that
he could not recall if there was another one in that area. He explained that if it was in the County
maintenance system prior to 1982 and prior to the subdivision regulations in
the ‘70s being adopted, there was no charge associated with it. He went on to say that if a road was brought
into the County maintenance system and the standard was to have it paved, there
would be an assessment. He mentioned
that the idea was that it was a collector road, a major road, so the County
would participate and support the project by 50%; however, if it was a local
road like Lisa, it would be one-third by the County who would manage the job
and take the overhead off the burden of the property owner.
Commr. Stivender asked if a meeting
at the Community Center could be arranged to explain this to everyone since
most of them were new and were not there when this started. She commented that they did not want to lose
that price in the process because it was the least expensive. She mentioned that the ad valorem taxes do
not go to road repairs, and that was another issue they had been trying to
address.
Mr. Stivender remarked that in this
market right now they were in good shape.
Mr. Miller stated that there had
been a cap put on 60% of the road at someone else’s expense, and he thought
they may get by with less by having it done privately, suggesting that perhaps
they would not need to go into the County maintenance system.
Mr. Michael Luckhurst stated that he
has resided on the far end of
Mr. Robert Weaver from
Commr. Stivender asked Mr. Weaver if
he would agree to the assessment if they reduced it back down to $40 per foot
instead of $52.
Mr. Weaver commented that he still
thought it was the County’s responsibility and they should do the work.
Ms. Susan Snell who lives on
Mr. Stivender stated that with
regard to the timeline, normally once they award a job like this the contract
would start sometime in September and that the contract was for 150 days which
was long, but he thought it would be complete in half that time. He stated that their goal, and that of the
contractor, was to have it completed by Christmas. He mentioned that they would coordinate the
relocation of all utilities; although they did not have control above or below
the ground and that he could not speak for the power company.
A motion was made by Commr.
Stivender, and seconded by Commr. Renick to approve Special Assessment Project
No. 101 with the reduction from $52.25 to $40.87.
Under discussion Commr. Hill
mentioned that it might be a good idea to have a meeting before September.
Mr. Stivender commented that they
have a pre-construction meeting with the contractor and stated that they would
have a meeting prior to that with the property owners in the evening at the 448
Community Building and will give everyone a timeframe so all the details could
be worked out.
There being no further individuals
who wished to address the Board, the Chairman closed the public hearing.
The Chairman called for a vote on
the motion, which carried unanimously by a 4-0 vote whereby the Board approved
Special Assessment Project No. 101 for Lisa Drive and Diane Drive, awarded the
construction of the project to Boykin Construction, Inc., in the amount of
$282,757.50, encumber and expend funds in the amount of $282,757.50 from the
Transportation Trust Fund, execute the assessment roll for Special Assessment
Project 101, and approve Resolution No. 2008-103.
REPORTS –
INTERLOCAL AGREEMENT BETWEEN
SCHOOL BOARD
Mr. Sandy Minkoff,
Mr. Stivender spoke on the School
Board’s behalf stating that their staff did an excellent job setting it up with
a meeting and Mr. Gary Parker was hands-on on how the two would interact
because Mr. Minkoff mentioned some things about the critical need to have
classroom availability or afternoon availability tied to the sites and how two
could operate simultaneously and one could operate independently. He stated that he thought Mr. Bobby Bonilla,
Parks Director, and his staff were going to be involved with the process and
noted they were meeting weekly. He
commented that the kick-off meeting went very well and thought there was some
clear direction by both groups to the architect so they understand what they
are responsible for. He mentioned that
they already have a preliminary concept plan laid out for the signal light
intersection along Wolf Branch and CR 437 and that there will be an acquisition
for right of way needs. He commented
that the road program presented in August would reflect that intersection
improvement noting it was close to the school trips threshold for warranting a
signal. He stated that to go further
about the site preparation, they want to turn dirt starting next year and
that the citrus crop should be picked
prior to that time.
Mr. Minkoff stated that
conceptionally the kind of things they discussed were developing the school
with the cafeteria immediately adjacent to the park so that it could be a
public meeting place for the community and could be partitioned off from the
rest of the school if the school was closed.
He commented that the classroom wing could be made available separately
in the summer or in the evening when school was out and could be used by the
County. He noted that there would be a
lot of intricacies in design that, hopefully, the two staffs could work out and
make it a joint project. He stated that
in the Agreement they had contemplated that the design would have to comply
with the law which required them to have only one entrance into a school. He commented that the site would need some
fencing, but if it were designed properly it could be opened and closed in such
a way as to have parts of the campus become part of the park at certain times
and not at others.
Mr. Stivender stated that Mr.
Bonilla had mentioned that the master grading plan would be up front so in the
future all they would have to do was make improvements and would eliminate the
need to re-engineer the site as a whole.
Mr. Minkoff stated that the $1
million for improvements to the park site would actually be park facilities
that the public can use. He stated that
an elementary school was required to have a certain amount of fields and
playground space, and that would be built in addition to the $1 million spent
on improvements to the park.
On a motion by Commr. Stewart,
seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board
approved the Interlocal Agreement between Lake County and Lake County School
Board regarding the joint use of East Lake Park and Elementary School “J”.
AMENDMENT TO CONTRACT FOR
PURCHASE OF PROPERTY ON SR 50 IN CLERMONT
Mr.
Minkoff mentioned that at the previous Board meeting they amended the Agreement
to purchase approximately five acres of property on SR 50 in Clermont, formerly
called the Clermont Dodge Dealership, to provide that their deposit would
become a hard deposit or it would be lost if they elected not to go forward and
close. Since that time, he, Commr.
Cadwell and Ms. Hall met with the owners and their attorney, and prepared a
second Amendment reducing the purchase price of the facility from $5.8 million
to $5.5 million; specified the particular pieces of personal property that they
thought were included; and called for a closing within the next two weeks. He requested approval to sign the second
Amendment which would bind them to purchase the property by August 1, 2008,
giving them ownership at that time, and they could begin any development
needed. He commented if the Board
approved the Amendment the
Ms.
Hall stated that they had already paid $100,000 as a down payment for the
property for which they had no budget line and requested moving the entire $5.5
million out of reserves into an appropriate line in order to pay cash for the
facility.
It
was determined that discussions with the Sheriff and Fire Chief would be held
in the future once the property was purchased.
On
a motion by Commr. Renick, seconded by Commr. Stewart, and carried by a 3-0
vote, the Board approved the execution of a Second Amendment to purchase 5
acres of property on SR 50 called the Clermont Dodge Dealership which would
bind the County to purchase the property by August 1, 2008. The Amendment
reduced the purchase price of the facility from $5.8 million to $5.5 million
and specified the particular pieces of personal property that were
included. A budget amendment to transfer
the entire $5.5 million out of reserves into an appropriate line in order to
pay cash for the facility was also approved.
Commr.
Stivender opposed the motion.
REPORTS
–
MOBILE
FOOD VENDING BUSINESSES
Ms.
Cindy Hall,
A
motion was made by Commr. Stivender and seconded by Commr. Renick for the Board
to approve submitting the list of four sites within the downtown campus to the
City of
Commr.
Hill stated that she knew they had gone through an extensive process to produce
design standards for the downtown area and was concerned about those standards
having to do with the vendors. She
questioned whether there was a long-term vision as to mobile vending downtown
and if they would be located in a different area.
Mr.
Jacques Skutt from the Community Development Department for the City of
Commr.
Hill stated that she wanted to know if there was a conflict between the mobile
vendors and existing businesses who were trying to redevelop and re-invent the
downtown area to promote new business opportunities in the area.
Mr.
Skutt stated that the issue of conflict was discussed at their council meeting
and that the nature of the mobile food vendors did not directly conflict with
restaurants. He stated that at the
public meeting the present restaurant owners saw the vendors as a different
type of business and seemed to have no objections.
The
Chairman asked for a vote on the motion which carried unanimously by a 4-0
vote.
BUDGET
BOOKS
Ms.
Hall mentioned to the members of the Board that the Budget Books had been
completed and distributed to their offices.
She commented that the books were extraordinarily informative and
commended the Budget Staff for their efforts.
BUDGET
WORKSHOPS
Ms.
Hall noted that the Budget Workshops were calendared for July 29 – July 31, in
the Training Room for discussion and would include presentations.
PUBLIC MEETINGS
Ms. Hall stated that she had sent an
email to the Board advising them that she would be glad to arrange a public
meeting for anyone who might be interested.
REPORTS – COMMR. RENICK –
DISTRICT 2
NEW BEGINNINGS OF
Commr. Renick stated that Tab 34 was
a Resolution regarding homelessness in
Mr. Smith presented a brief overview
of New Beginnings stating that it was a non-profit 501(c)(3) corporation
founded in May 2007, when twelve community leaders in
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board
approved Resolution No. 2008-104 regarding homelessness in Lake County and
commended New Beginnings of Lake County, Inc., for its efforts in working with
homeless men to reduce or eliminate homelessness in Lake County.
REPORTS – CADWELL
PROCLAMATION
Commr. Hill referred to Tab 36 which
was a Proclamation commemorating Ms. Anita Doebler’s 100th Birthday
on July 25, 2008.
On a motion by Commr. Stivender,
seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board
approved Proclamation No. 2008-105 commemorating Ms. Anita Doebler’s 100th
Birthday on July 25, 2008.
CITIZEN QUESTION AND COMMENT
PERIOD
Mr.
Roy Hunter, representing the North East Lake Chamber of Commerce addressed the
Board and displayed a flyer on the monitor requesting that used cell phones be
turned over to the Chamber where they would have them refurbished. He commented that if anyone was in need of a
cell phone or had one they would like to donate they could contact him at the
phone number on the flyer. He stated
that anyone who had already received a phone from them should call 9-1-1 and
saying “test only” to be sure the phone works.
He explained that he had asked permission to have the phones tested in
this manner and to relay this information from 9-1-1 and Mr. Bruce Thorburn,
Communications Systems Director.
Mr.
Hunter remarked that he received a phone call last month from the State of
Florida Department of Children and Families (DCF) in
--------------------
Mr. Hamid Mazuji addressed the Board
stating that he regularly makes use of the computers at the County libraries
and felt that the Tavares library should be upgraded with respect to computer
access by adding ten workstations and increasing the access time to three
one-hour increments.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:36 a.m.
_________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL
KELLY, CLERK