The Lake County Board of County Commissioners met in regular session on Tuesday, May 9, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney: James C. Watkins, Clerk and Acting County Manager; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk: and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 23, 1989 (Special Groveland Town Hall Meeting), as presented.
Included in the motion was approval of the Minutes of May 2, 1989, as corrected.
Commr. Swartz stated that the Board approved the request to transfer part of C-561 to the City of Clermont, and part of C-561 to the City of Minneola, to be maintained by the City in which it passes through, and to designate "Hwys. 50 and 27" as alternate routes, rather than designate "that those routes" are alternate routes.
Mr. Howard Babb, Public Defender, appeared before the Board stating that he and Mr. Bob McKee, Chief Deputy Clerk, had discussed a problem regarding the fact that his department was out of space. He stated that he was aware of the fact that a certain division of the Clerk's Office had moved off of the 4th floor of the Courthouse, however, was not able to take advantage of it, due to the fact that as soon as that division moved out, another division of the Clerk's Office moved in. He stated that he is aware that the lack of space is a problem that all departments in the Courthouse share. He, therefore, thought it best to make his problem aware to the Board, by written memorandum, as well as an appearance before the Board.
Mr. Babb stated that this courthouse is the headquarters for the Public Defender's Office of the Fifth Judicial Circuit. He stated that he is adding a new lawyer in July and noted that there is presently no place for said lawyer to be housed. He noted changes that his department has made in their office, in trying to accomodate all of his employees space needs. He also stated that his department is out of warehousing space (which he noted his department has been paying for, however, understands that according to the law, the County should be paying for said cost) and that he will be approaching Mr. Watkins and Mr. McKee, regarding said problem, in the near future.
Mr. Watkins, Clerk and Acting County Manager, informed the Board that it is the responsibility of the County to provide the Public Defender and the State Attorney with office space, as part of the County's budgetary process. He suggested that Mr. Babb and whoever the Board designates as County Manager, or someone on the County Manager's staff, meet and discuss alternatives and bring back to the Board a recommendation that will solve said problem.
CLERK'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Bonds - Contractor
Cancellation of the following contractor bonds:
4440-87 Otto J. Stangl d/b/a Telstar Plumbing
4441-87 Alejandro Stangl d/b/a Electrical Specialty Company
Request for approval of Satisfaction of Judgment for Scott Marquis, juvenile, and William Marquis and Joyce White, parents, in the amount of $50.00 - Case Nos. 88-1288-CJ and 88-1293-CJ.
Request for approval of Satisfaction of Judgment for Scott P. Marquis, juvenile, and Joyce Woodlief, parent, in the amount of $50.00 - Case No. 87-594-CJ.
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss a problem that had developed at the Jail, concerning their air conditioning units. The Jail presently has two 60 ton, water cooled, air conditioning units, of which one is completely inoperative (cost to replace will be approximately $15,000.00) I and the other unit is not functioning properly. He stated that due to problems which the Jail has had in the past, during the summer months, he felt that air conditioning for the building should be considered an urgent matter. He stated that the two units could be replaced at a cost of $26,889.00, low bid, from True Temp., Inc. He noted that another quote was obtained, however, it was considerably higher ($48,000.00), from All Florida Air Conditioning). He stated that he was requesting, this date, to enter into a contract for replacement of the present two water cooled units with two air cooled units.
Mr. Watkins, Clerk and Acting County Manager, suggested establishing an emergency account for next year's budget, to handle unforeseen problems such as this. He stated that the County does not want to renovate the Jail until the new Jail is built, however, there are items such as these that need to be maintained during the interim period. He noted that lack of a comfort level will certainly cause management problems, therefore, considers this problem as an emergency and is requesting authorization to expend up to $27,000.00, for purchase of two new units, as stated.
A brief discussion occurred regarding said request, at which time Commr. Swartz made a motion declaring replacement of the Jail air conditioning system as an emergency item and authorized staff to prepare necessary specifications for the units, thereby approving the request to expend an amount not to exceed $30,000.00, for purchase of two new air conditioning units, from True Temp., Inc., low bidder, which was seconded by Commr. Bailey and carried unanimously.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Fairgrounds/Right-of-ways, Roads & Easements
Request from Lake County Expo Center/Fairgrounds, to consider granting Florida Power Corporation an easement, on the property which houses the present Fairgrounds, in Umatilla, in order to enable them to update service in that area of the County.
Commr. Windram questioned whether said request would be a problem in the future, should the County decide to sell the property, or to possibly utilize it in a different manner.
Discussion occurred regarding this request, at which time Chris Ford, County Attorney, stated that it would depend on where said easement is located on the property. It could possibly cause a problem if it goes through the center of the property, however, if it runs along the edge of the property, it should not cause any problems.
Mr. Strickland stated that the easement does go through the center of the property, however, Florida Power is requesting the portion located on the east boundary, which is only twenty feet in length, therefore, it was decided that said request would not cause any problems, should the County decide to sell said property in the future.
At this time, Commr. Gregg stated that the issue of fiber optics being laid on County right-of-ways was brought to his attention recently, which he passed on to the Assistant County Attorney, Bill Stearn, to look into. He requested inserting some sort of indemnification into the agreement regarding same, holding the County harmless, since a considerable amount of money is involved when the fiber optics are damaged.
Municipalities/Roads-County & State
Request by the City of Leesburg, to change the name of Tally Road (2-5108) to Thomas Avenue.
Accounts Allowed/Subdivisions/Public Works
Request to release an Irrevocable Letter of Credit, in the amount of $176,000.00, for performance, at Skiing Paradise.
Signs/Roads-County & State/Municipalities
Request to post 25 mph speed limit signs along Sixth Street, #5-9788, in Astor.
Request from the Town of Astatula, to purchase signs and sign posts, at a cost of $239.70.
Accounts Allowed/Roads-County & State/Municipalities
Request from the City of Umatilla, to stripe Umatilla Boulevard, at a cost of $1,961.50, to be paid by the City of Umatilla.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ENVIRONMENTAL SERVICES/WATER AUTHORITY
Mr. Don Findell, Director of Environmental Services, appeared before the Board to briefly update the Commission on progress which is being made on proposed boat ramp improvements. He stated that during the past couple of months County staff (Public Works and Environmental Services), as well as the Game & Fish Commission, Water Authority and Commr. Swartz had been working on proposed improvements to Singletary Park, in Leesburg; Marsh Park, on Lake Yale; and the Tavares recreational area, known as Buzzard Beach.
Mr. Findell informed the Board of what improvements are slated to be done to each location mentioned above, stating that Marsh Park is further along than the other two parks, due to the fact that it's problems are not as complex.
Commr. Swartz stated that the improvements which are slated to be done, came from recommendations by the Water Recreation Committee's Task Force, who went out, looked at the actual sites, and came back with said recommendations.
Commr. Gregg questioned as to how soon the proposed improvements can be, at least, started, if not completed, to which Mr. Findell replied that, concerning Marsh Park, the first thing the County needs to do is initiate permitting. In order to do so, the County needs to execute a contract with Lake Land Planning Group, Inc. (who was a subcontractor, originally, to Professional Engineering Consultants, Inc. for the overall engineering design for all the parks in Lake County) to do said permitting. Public Works has terminated the contract with Professional Engineering Consultants recently, thereby, leaving the County without a contractor to do the permitting. He, therefore, suggested that the County remove the responsibility that Lake Land Planning Group had to Professional Engineering Consultants and have them be directly responsible to the County, to do the permitting.
Commr. Swartz then questioned Mr. Greg Beliveau, with Lake Land Planning Group, Inc., as to how long it would take to do the permitting, to which Mr. Beliveau responded that it could take as little as three to four months or up to a year. It would depend on the adjacent property owners involved.
Mr. Findell stated that not all permitting would need to be done at one time. He recommended that the following be done: (1) execution of the contract with Lake Land Planning Group, Inc., as early as possible: (2) preparation of specs for the dock that is being constructed at Marsh Park (Public Works is in the process of doing this) and putting it out to bid; (3) preparation of parking lot improvement specs (Public Works is in the process of doing this, also, however, it has not been decided, to date, whether Public Works will do the paving or whether it will be bid out) and (4) prepare the ground (Game & Fish will prepare the ground for no charge, as soon as the permits are received).
A motion was made by Commr. Swartz and seconded by Commr. Bailey that the Board approve the recommendations as stated above by Mr. Findell, Director of Environmental Services, regarding the Boat Ramp Improvement Program.
Commr. Windram then questioned the fact that being the fiscal impact would be determined at a later date, whether the funding would be taken out of Boating Improvement Funds, to which Commr. Swartz stated that it would, plus funds which Lake County Water Authority has committed to the project.
At this time Mr. Findell stated that engineering and design work will still need to be done to complete what is necessary, before improvements are actually made, and, since the County has terminated the contract with Professional Engineering Consultants, Inc., would recommend that the Board authorize staff to prepare an RFP for a new engineering firm to do said work.
Commr. Swartz then amended his motion to include the recommendation made by Mr. Findell regarding the hiring of an engineering firm to do the engineering and design work for said improvements.
The Chairman called for a vote on the motion, which was carried unanimously.
ACCOUNTS ALLOWED/FUNDS GENERAL/MUNICIPALITIES
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss a request by the Astor Water Association, for the County to furnish fire hydrants to Astor, to be installed in the Astor Forest Campsites.
Discussion occurred regarding this request, at which time Commr. Bakich questioned whether this would be something that would be prevalent throughout the County, to which Mr. Strickland responded that it would not, at this time.
Commr. Swartz suggested that perhaps the County might want to consider installing fire hydrants, when doing special assessments for roads in areas where there are water lines, and include it as part of the special assessment, in the future.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase twelve (12) fire hydrants from the General Fund, at a cost of $690.00 each ($8,280.00 total), for installation by the Astor Water Association, in the Astor Forest Campsites area.
ACCOUNTS ALLOWED/GRANTS/PUBLIC HEALTH
Mr. Bill Compton, Director of Emergency Medical Services, appeared before the Board to discuss a request for approval of the 1990 EMS State Matching Grant, in order to enable them to purchase additional equipment, in the areas of vehicular, medical equipment and communications. The Vehicular and Medical Grants are dollar for dollar matches that are budgeted, per the contract with Waterman Medical Center, specifically for ambulance operations, and correlate directly to the County budgeted capital, per their contract. The Communications Grant involves both EMS and Fire, on a countywide basis, and will require funding based on percentage. The Communications Grant is in the second year of a three year plan. He noted that the cost of an ambulance, at present, is approximately $50,000.00 each, without equipment, and the cost of defibrillators are $8,000-9,OOO.OO each. Therefore, without the grant program, Emergency Medical Services would be in a touchy situation, capital wise, due to the high cost of equipment.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Emergency Medical Services, for approval of the 1990 EMS State Matching Grant, in the amount of $244,900.00 and authorized proper signatures on same.
CONTRACTS, LEASES & AGREEMENTS/GRANTS/PLANNING & DEVELOPMENT
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved a request from Planning and Development, for approval of an extension of the contract with Strategic Planning Group, Inc. (SPG), for consultant services to the Community Development Block Grant Program.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS
Mr. Dan Robuck, Attorney, representing Mr. John McNamara, owner and developer of Harbor Hills, appeared before the Board to discuss the request for approval of the final plat of Harbor Hills.
Mr. McNamara appeared before the Board stating that he would like to thank the Board for the opportunity of building in Lake county. He stated that he felt very good about the Harbor Hills project and invited members of the Board and staff to go out and tour the development.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the final plat of Harbor Hills, Unit I; execution of the Escrow Agreement; accepted an Irrevocable Letter of Credit, in the amount of $1,500,000.00; and accepted a Developer's Cash Completion Bond.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a 30 day extension to PUD #31-88, for the Emerald Springs Project, due to a problem which occurred that was no fault of the applicant.
ROADS-COUNTY & STATE/STATE AGENCIES
Mr. Bill McDaniel, Director of Planning and Public Transportation for District V, Florida Department of Transportation (FDOT), appeared before the Board stating that the purpose of them meeting with the Board this date, was to talk about right-of-way reservations, along the lines of access control, and the planning together for a coordinated transportation system. He stated that the trend they see developing in Lake County is significant - that Lake County is already approximately 6% of the total district population, and they see that increasing by 70%, by the year 2010.
Mr. McDaniel stated that if the Board would like representatives of FDOT to appear before them on a regular basis, be it monthly, or otherwise, to answer questions or receive input regarding items before them, concerning DOT, they would be more than happy to do so. He stated that some of the things that the County and FDOT need to do, is work together to identify corridors and implement master plans for moving traffic in urban and rural areas, and to stick with their guns concerning right-of-way reservations, set-back ordinances, etc., in order to address the long-term transportation problem. He then turned the floor over to Mr. Bryan Gaines, of his staff, to discuss the right-of-way reservation issue.
Mr. Gaines, who heads the Comprehensive Planning Review Section for FDOT in the Fifth District, appeared before the Board stating that right-of-way reservation protection programs and access management programs are also under his jurisdiction, therefore, he was before the Board this date to discuss right-of-way protection and preservation. He stated that over the past fifteen to twenty years, the State of Florida has exploded in growth, and has done so substantially in Lake County, according to figures given by the University of Florida.
Mr. Gaines briefly summarized Senate Bil1 392; Corridor Designation/Prioritization Process: Corridor Protection Agreements; and Corridor Protection Methods Available to the County/City, by reviewing handouts which were distributed to the Board prior to the Board Meeting, regarding same. He stated that Senate Bill 392, basically, allows FDOT to work with local governments in developing right-of-way protection and preservation agreements, and allows counties and municipalities to file reservation maps on State highways, County roads, and transportation corridors. He stated that FOOT is preparing a procedure to designate transportation corridors throughout the State, which will be included in the Florida Transportation Plan, at its next update, and discussed some options which local governments presently have available to them to protect and preserve right-of-ways.
In discussing right-of-way reservation maps, he stated that due to the rapid growth in the State of Florida, we need to protect our right-of-ways any way that we can, and, if it is low intensity development, to keep it that way, in the area where there will be a project. He stated that FDOT is allowed to file reservation maps 89.for five (5) years, with an additional extension for five (5) years. He stated that there is no limit on improvements to residential property that falls within the reservation line, however, for commercial property, up to 20% of the appraised value, within the reservation, can be improved and still meet the criteria of the reservation. He stated that the reservation does not affect the appraised value of the property - all it does is protect it from further development and holds down the future cost of the right-of-way, so that when FDOT, or the County or municipality goes in to purchase the right-of-way for a particular project, FDOT will appraise the value of the property based on as if the reservation was not present at all, so that the property owner gets the fair market value for the property. He stated that the way the law is written is that the appraised value of the reservation has no effect on the appraised value of the property. FDOT is supposed to give a fair market value for the property at the time they purchase the reservation. The property is supposed to be appraised as if there were no reservation at all. He stated that his department will work with local governments in acquiring right-of-ways and corridors. In discussing the Corridor Protection Agreement, Mr. Gaines stated that there are certain items which are mandated by the Florida Statutes that have to be included in said agreement, being: (1) an accurate description of the corridor; (2) it has to include the local government's commitment to protect existing and future right-of-ways from building encroachment; (3) it has to establish building setback lines: and (4) the local government shall notify the district planning office when any requests for rezoning of a particular parcel of land, or any change in the land use, is requested for a portion of the land that is within the reservation, for transportation corridors.
Mr. Gaines reviewed methods which are presently available for protecting right-of-ways on County and State roads, being: (1) to file a reservation map (which would require long range plans, designation of corridors, and a significant amount of study prior to filing said map); (2) impact fees for purchase of right-of-ways; (3) dedication of right-of-ways, in lieu of collecting transportation impact fees: (4) zoning and setback ordinances; (5) a property exchange between State or local government and a developer; (6) transfer of developmental rights: (7) selling developmental rights; and (8) public and private joint ventures in developing transportation and other type projects, such as having a developer four-lane a portion of an existing road, or having a developer build a portion of a four-lane road and then having the County tie into it and complete an entire transportation corridor.
Commr. Gregg questioned Mr. Gaines as to what steps would be necessary to renew reservation maps after five years, for five additional years, to which Mr. Gaines responded that one would have to go back through a public hearing process to do so.
Commr. Swartz questioned the status of the northern bypass which would depart Highway 27 and 441, somewhere south of Ocala, or possibly Belleview, as a method to try and relieve some of the traffic which Lake County now has on Hwy. 441, to which Mr. McDaniel responded that the project which Commr. Swartz was talking about is included in the turnpike system plan, however, not as a candidate project at this time. He stated that it was the result of some very preliminary work and that it is, basically, a sketch planning, at this point in time, but that it is something that has been considered and is in the turnpike system plan as a non-candidate project.
Commr. Swartz then questioned what steps could be further taken, in order to identify that it is a need and would be a good project to identify as a corridor, so that five or ten years from now the County would actually have the necessary right-of-way, to which Mr. McDaniel responded that it would have to be identified as a corridor and FDOT would need to do some preliminary traffic numbers.
Commr. Swartz stated that he would like to see staff work with FDOT, to at least explore the issue of the bypass, before right-of-way becomes even more expensive through said corridor.
Commr. Swartz then questioned what abandoned railroad corridors FDOT has acquired, or is considering acquiring, either for highway right-of-way or for other types of transportation right-of-ways, particularly in Tavares and Leesburg.
Mr. McDaniel stated that there are two State agencies that are very interested in abandoned railroad right-of-ways. FDOT is very interested in them, in urban areas, for possible commuter rail systems, and the Department of Natural Resources is interested in them and the Rails-to-Trails Program. He stated that he would mail the County a map which shows the status, in the Lake County area, of where FDOT is, at present, and exactly who is interested in
purchasing which parcels.
At this time, Mr. Watkins, Clerk and Acting County Manager, questioned what thought FDOT had given to a mass type transit between Ocala or Orlando, that would come through Lake County, to which Mr. McDaniel stated that the High Speed Rail Commission, who is studying the Bullet Train between Tampa, Orlando and Miami, is pursuing some funding to do a study tying a high speed rail link between Jacksonville and Orlando, and depending on what alignment it takes, it could affect Lake County, however, other than that, he stated there has not been any rail linkage looked at. The issue of a link between Jacksonville and Tampa was discussed, at which time Mr. McDaniel stated that said link has been put on hold, due to the present funding situation.
The Board thanked Mr. McDaniel and Mr. Gaines for a fine presentation.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
AG CENTER/MUNICIPALITIES/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request from the City of Tavares, for a 25' easement, for water and wastewater mains, along the south side of Woodlea Road, #3-3840, at the Ag Center property.
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved the request from Public Works, for 100 traffic counts to be taken by Control Specialist Company, at a cost of $6,060.00, to provide data for the County Roadway Modeling Network.
Commr. Bailey was not present for the discussion or vote.
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss and request approval for the purchase of a sanitary waste macerator (Muffin Monster) for the Jail. He stated that, in the past, inmates have stuffed tennis shoes, towels, sheets, etc. into the Jail's sanitary sewer system, which ended up at the waste treatment plant for the City of Tavares, on two separate occasions and burned up some of the City's very expensive pumps. In an attempt to stop such items from going through the system, a sanitary sewer trap (wire screen basket) was installed behind the Jail, which collects said items before they work themselves into the system, however, it is an unsightly mess, and presents various health problems, which he described. This is the reason for the request for the "Muffin Monster". The "Muffin Monster" grinds up said items, thereby eliminating the need for the screen trap. He stated that the "Muffin Monster" can be sized to handle the Jail's present needs and can be relocated and reinstalled at the new Jail, when it is built.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to purchase a sanitary waste macerator ("Muffin Monster") for the Jail, at an estimated cost of $25,000.00, to be paid from the Revenue Sharing Fund/Detention and Corrections.
Commr. Swartz brought to the attention of the Board the fact that the Florida League of Women Voters was celebrating their 50th anniversary this year, and would like the Board to recognize that fact, as well as recognize the Lake County League of Women Voters, who have been a very active part of the Florida league, in the form of a resolution.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution recognizing the Florida League of Women Voters, as well as the Lake County League, as stated above.
Commr. Gregg, Chairman, brought to the attention of the Board the fact that he had received a memorandum from Barton Malow, regarding the replacement of windows on the south side of the Old Courthouse. He stated that Barton Malow has offered two (2) alternatives, being: (1) replacing only those windows that are visible to the public, at a cost of $16,316.00, or (2) replacing all forty (40) windows on the south side, at a cost of $31,511.00.
Discussion occurred regarding this issue, at which time Mr. Watkins, Clerk and Acting County Manager, stated that funds are available in the Contingency Account (based on the report submitted to the Board two weeks ago), to do the job, and recommended that the Board do the entire job, due to the fact that in the future, the type of windows that are presently being used to replace the old windows, might not be available.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized staff to contract with Barton Malow to replace all the windows on the south side of the Old Courthouse, as stated above, and make the necessary budget amendments to do so.
Commr. Bailey brought to the attention of the Board the fact that Mr. Derryl Benton, Eustis City Commissioner, and a member of the Lake County Tourist Development Council had resigned, due to other obligations, and that he would like to recommend that Mr. "Buddy" Buie, who is also a member of the City of Eustis Commission, be appointed to replace him.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Mr. Dougal "Buddy" Buie, III, Eustis City Commissioner, to the Lake County Tourist Development Council, replacing Mr. Derryl Benton, who resigned. It was noted that Mr. Buie's appointment would be acknowledged by a letter and resolution, and that Mr. Benton's resignation would be acknowledged by a letter of appreciation.
PLANNING & DEVELOPMENT/ORDINANCES
Mr. Mike Szunyog, Director of Planning, appeared before the Board to discuss the proposed Landscape Ordinance, stating that the same committee that developed the Tree Protection Ordinance developed the proposed Landscape Ordinance. He stated that said committee began meeting in October of 1988, to develope said ordinance, which was distributed to the Board, prior to the Meeting, for their perusal and consideration. He stated that the Committee would like to see the proposed Landscape Ordinance implemented into the Tree Ordinance, which was passed last year by the Board. He stated that, as far as the existing requirements that are contained in the current zoning ordinance, for various zoning classifications, those that are in conflict with the Landscape Ordinance will be changed, however, if they are complimentary, they will remain.
Mr. Szunyog stated that, essentially, the ordinance covers basic landscaping requirements. It covers all development other than single family and duplex homes. He stated that the first section of the ordinance covers the purpose and intent of the ordinance, and the second section deals with definitions for each term that is used in the ordinance. Section Five covers general landscaping requirements, which covers the installation of landscaping, stating that it should be planted in a professional manner, so that it can be easily maintained, and so that the landscaping material will grow. One of the requirements of the ordinance is that landscaping that is planted under the ordinance must be maintained, therefore, an irregation system of some sort is required. The ordinance also covers the quality of plant material and the requirements on size, when the material is planted, as well as the ultimate size that is required over a period of time.
Considerable discussion occurred regarding said ordinance, at which time Commr. Swartz questioned the issue of the use of native plants, stating that on Page 5, under Section 5. (c) (2) Native Plants, it states, "The use of native plant material is encouraged and recommend.", however, does not state that it is a requirement. He questioned whether for those areas that are requirements within the Landscaping Ordinance, would the County not want to require native material, and then if the owner/developer wants to put in additional exotic tropical type plants that may not be native, that they be, perhaps, in addition.
Mr. Szunyog stated that the Committee had not discussed this issue at any great length - only to the extent that the use of native plants should be encouraged. He also stated that staff could put together a list identifying native plants, if it is so desired.
Commr. Gregg stated that he felt the direction the Board needs to take, at present, is to ask staff to incorporate said ordinance into the existing Tree Ordinance, take it back to the Tree Ordinance Committee, and make sure that the Committee is in agreement with the draft before the Board this date, and the original ordinance, and then readvertise said ordinance and resubmit it to the Board for approval.
Ms. Pat Meyer, a member of the Landscape Ordinance Committee, appeared before the Board stating that possibly the ordinance could be reworded encouraging the use of native plants, due to the fact that they are cheaper and will hold up better during a freeze.
Mr. Ray Richardson, a local landscaper and member of the Landscape Ordinance Committee, stated, from the audience, that he felt the way the ordinance is worded is appropriate, and that mentioning the use of exotic plants could open up a lot of problems for the County.
Mr. Greg Homan, Chairman of the Mining Ordinance Committee, questioned from the audience, the issue of automatic irregation requirements for new developments, specifically entrances to developments that are landscaped, questioning whether the developer is going to have to install a well, specifically for purposes of irrigating the entrance. If so, and the developer dedicates said right-of-way to the County, would this mean that the County would have to install a well to maintain the irregation system.
Commr. Gregg stated that for the County to require landscaping and then not require an automatic irregation system, would not make sense, due to the fact that without irreyation, the landscaping would not live - they go hand in hand.
Further discussion occurred regarding the ordinance, at which time Mr. Szunyog reviewed landscaping maps, indicating various examples of landscaping layouts, such as for shopping centers, mobile home parks, subdivisions, etc. At this time, a gentleman in the audience, Mr. J. Vander Meer, addressed the Board, stating that he was the owner of a mobile home park and that he hoped the County would treat all developments the same, be they mobile home parks or otherwise.
Discussion continued regarding the ordinance, however, no action was taken at this time.
The Board commended the Landscape Ordinance Committee, and staff, for a job well done, in composing said ordinance, and stated that said ordinance will make a tremendous difference in developments in Lake County.
RECESS & REASSEMBLY
At 11:30 a.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for the Cablevision Workshop.
Ms. Dottie Keedy, Public Works Department, appeared before the Board to briefly update them as to how other counties deal with cablevision franchises. She stated that she found all the counties that she contacted charge five percent (5%) of the gross annual receipts, however, Lake County charges only three percent (3%). All the counties require insurance, which ranges anywhere from $300,000.00 to $5,000,000.00, with Lake County requiring $1,000,000.00 for liability insurance. Property damage insurance ranged from $lOO,OOO.OO to $2,000,000.00, with Lake County requiring $250,000.00. All counties require a Performance Bond, which ranges from $250,000.00 to $1,000,000.00, or as determined by the franchise, with Lake County requiring a $25,000.00 bond. All counties require that the franchises maintain a business office in said counties: that they obtain permits for working in the right-of-ways, subject to approval by the County Engineer; restoring the right-of-ways, if disturbed; pole attachment agreements: certification of income statements, to be filed with said counties annually; construction plans, with prior approval by the County Engineer (which vary from county to county); require companies to allow said counties to use the system, in the event of an emergency; most counties require conformance with the Cable Communication Policy Act for renewal, revocation, or transfer (Hillsborough County was the only county surveyed that required a fee for transferring, which was $15,000.00); franchises are reviewed every third, fifth, tenth, and twelfth year of the term; require that rate schedules be filed with said counties: allow a minimum number of channels, to be complied with by FCC standards; some have penalties for violations of certain sections of the ordinances, with fees outlined for said violations, of which some have late charges for the annual fee: and a couple of the counties surveyed give said counties the right to purchase the system if the franchise wants to transfer it.
Commr. Bakich stated that he felt the County needs to update a number of items regarding Lake County's franchise policy, and that the County needs to decide whether they want to update it from an agreement to an ordinance, as well as decide how much the County might want to increase its fees, etc. He stated that in viewing ordinances from other counties, there are a lot of items that have been brought to the Board's attention, which might want to be included in Lake County's agreement or ordinance, the next time around.
Considerable discussion occurred regarding the cablevision franchise issue, such as the new Federal law which regulates cablevision franchises; whether Lake County should increase its application fees; any weaknesses that the procedure might presently have, and the possibility of reviewing the agreement after ten (10) years rather than fifteen (15).
Commr. Swartz stated that he felt Lake County should develop an ordinance regarding cablevision franchises.
After further discussion, Commr. Gregg stated that the Board could take two approaches, being: (1) give Ms. Keedy a consensus of what the Board would like to have come about and let staff work on a draft or (2) assign a committee to handle it, however, he felt the Board could give Ms. Keedy enough direction this date to come back with something to work with. It was the consensus of the Board to go with the first approach and let Ms. Keedy handle it.
Discussion then occurred as to which county's rates, procedures and definitions to go with, as an example, at which time the Assistant County Attorney suggested going with Hillsborough County's definitions, as they are excellent ones.
Mr. Rich Gunter and Mr. J. W. Tanner, Cablevision Industries, were present in the audience and answered several questions from the Board, regarding cablevision franchises.
Further discussion occurred, however, no action was taken at this time.
Commr. Bakich brought to the attention of the Board the fact that he had received a request for approval of a color scheme of beige with dark brown trim, from Ogden Martin Systems, Inc., for the new waste-to-energy facility.
It was the consensus of the Board to go with said color scheme, for the waste-to-energy facility.
Mr. Jim Stivender, Director of Public Works, stated that the Clerk, Mr. Watkins, had asked the Public Works Department to put together a cost factor for logos on the sides of County vehicles, and that he now has a vendor to do so, and is proceeding with, basically, the same logos that are presently on the signs on all the major highways entering Lake County, recognizing Lake County's Centennial Celebration. The logos will read "Lake County Board of County Commissioners" rather than "Lake County Centennial".
There being no further business to be brought to the attention of the Board, the Chairman called for a motion to adjourn the meeting, which was made by Commr. Bakich, seconded by Commr. Windram, and carried unanimously.
The meeting adjourned at 2:50 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK