The Lake County Board of County Commissioners met in regular session on Tuesday, March 3, 1992 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: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; and Catherine Hanson. Commr. Swartz was not present due to other commitments. Others present were: Annette Star Lustgarten, County Attorney; Pete Wahl, County Manager; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
COUNTY MANAGER/RESOLUTIONS
Commr. Bakich introduced Mr. Pete Wahl, the new County Manager.
Commr. Gregg requested that the County Attorney prepare a resolution expressing appreciation to Mr. Mike Anderson for his tenure as Interim County Manager.
MINUTES
Regarding the Minutes of January 21, 1992 (Regular Meeting), Commr. Gregg requested a correction be made on page 9, line 27, inserting the following language: 30% right-of-way allocation.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 21, 1992 (Regular Meeting), as amended.
Regarding the Minutes of January 28, 1992 (Special Meeting), the following corrections were made:
Page 2, Line 29-30 - insert after "available" to go to the roll back figure and delete "to commit to holding the line on the millage rate".
Page 5, Line 1 - delete "and the establishment of a government affairs and community relations person".
Page 6, Line 5 - delete "at which time Commr. Bailey concurred with Commr. Swartz".
Clarification was made to the misspelling of a word as requested by the Board.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 28, 1992 (Special Meeting), as amended.
Regarding the Minutes of February 4, 1992, clarification was made to the misspelling of a proper name, as requested by the Board.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of February 4, 1992, as presented.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
COUNTY EMPLOYEES/PERSONNEL
Commr. Bakich presented the following awards and plaques, as Ms. Le Koranteng, Personnel Assistant, provided information on each individual:
Presentation of Plaques to Employees with Five Years of Service
Robert Rinehart - Mosquito and Aquatic Plant Management Assistant Director - Environmental Services
Jeannette M. Musser - Corrections Officer - Corrections
Donald L. Findell - Executive Director - Environmental Services
Presentation of the March Employee of the Month Plaque and Savings Bond
George Harrison, Maintenance Specialist II, Building and Facilities Maintenance, Parks and Facilities Division, Public Works Department
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the following requests:
Commr. Bailey was not present for the discussion or vote.
Accounts Allowed
Request for payment of Warrant No. 126839 through Warrant No. 127500, for the following accounts:
County Fire Control Fund General Revenue
County Transportation Trust Section 8
Northeast Ambulance Capital Outlay
Countywide Library Landfills
Mosquito Control Aquatic Weed
Commissary Trust Fund Private Industry Council
Resort & Development Fund Tax Emergency 911 Fund
Animal Shelter Trust Fund Miscellaneous/Gas Fund
School Impact Fee Trust Fund Law Library
Accounts Allowed/Courts-Judges
Satisfaction and Release, Sharon vs. Wright, Case No. 90-2678-CA, in the amount of $116.14, and authorized proper signature on same.
Accounts Allowed/Courts-Judges
Satisfaction of Judgment, Alvin Curtis Harrison and Mimmie Lee Harrison, Case No. 82-473-CJ, in the amount of $50.00, and authorized proper signature on same.
Accounts Allowed/Courts-Judges
Satisfaction of Judgment, Joseph Allen Desnatis, Case No. 86-113-CFA, in the amount of $250.00, and authorized proper signature on same.
Accounts Allowed/Assessments
Request to approve Satisfaction of Assessment Liens as follows:
Mount Plymouth Subdivision
Hollis H. Kendall, Jr. $1,049.53
Astor Forest Campsites
Gene N. and Nina R. Frisbie $2,334.22
Alton W. and Karen L. Taylor $1,655.52
Julian Anderson $1,213.67
Pietro and Elena Miceli $1,431.88
Palm Mobile Home Estates
Fred R. and Joyce M. Taylor $1,420.51
Wilbur C. and Effie Engelman $ 682.37
Ocala Forest Campsites
Jeffery T. and Sherry H. Tart $ 801.11
Silver Lake Park, Oveson Replat
Ronald S. and Deborah Solanick $1,019.06
Hilltop Subdivision
Wallace Ray and Elaine S. Stephens $ 939.08
Nina E. Schonbok $ 738.57
Birr Park Subdivision
Charles and Julia Williamson, Jr. $2,736.67
Ambulances-Hospital Districts/Audits
Request to acknowledge receipt of the North Lake County Hospital District's financial audit for the year ended September 30, 1991.
CLERK'S OTHER BUSINESS
BUDGETS/BONDS/RESOLUTIONS/FINANCE
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the request for a resolution outlining budget amendments to the Debt Service Fund necessary to record the Sales Tax Revenue Bond, Series 1992.
Commr. Bailey was not present for the discussion or vote.
COUNTY MANAGER'S CONSENT AGENDA
Discussion occurred on Tab 3, No. 2., regarding specifications on additional construction on the Public Works building; at which time it was the decision of the Board to pull Tab 3. Specifica-tions, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, consisting of Tabs 2 through 17, with the exception of Tab 3:
County Employees/Personnel
Certificates for County employees with three years of service, and authorized proper signature on same.
Accounts Allowed/Budget Transfers/Resolutions
Request for transfer of funds to various Departments and other budget related items, as follows:
1. Fund: County Transportation Trust
Department: Public Works
Division: Special Services
From: Contingency $11,300.00
To: Operating Expenses $11,300.00
Transfer #: 92-0076
2. Fund: General
Department: Administrative Services/OMB
Section: Special Revenue
From: Contingency $20.00
To: Other Miscellaneous/ $20.00
Administrative Support
Transfer #: 92-0079
3. Request for approval of Expenditure from the Law Enforcement Trust Fund and Budget Transfer #92-0080.
Department: Sheriff
Fund: Law Enforcement Trust (133)
4. Request for approval of a resolution requesting that the General Fund be amended, in the amount of $930.00, in order to receive monies from concealed weapons application.
Health and General Services
Contracts, Leases & Agreements/State Agencies
Request from Emergency Management for Modification Number One to the Fiscal Year 1991-92 Radiological Emergency Preparedness Agreement.
Fire Protection/Resolutions
Request for adoption of a resolution transferring the title and 1950 Chevrolet Pumper, Property No. 10830, from the Board of County Commissioners to the Astor Volunteer Fire Department, Inc.
Accounts Allowed
Request for authorization for payment of the monthly Medicaid Hospital bill, in the amount of $17,138.03; and the Medicaid Nursing Home bill, in the amount of $31,557.89, for the month of January.
Planning & Development
Subdivisions
Request for preliminary plat approval of Gatwick II, Phase IA (37 Lots in District 4).
Accounts Allowed/Subdivisions/Deeds/Resolutions
Rights-of-Way, Roads & Easements
Request for final plat approval of Lake Ella Manor; acceptance of warranty deed from George F. Green for right-of-way; acceptance of a maintenance bond, in the amount of $6,191.00; and acceptance of the following road into the County maintenance system: Taylor-Mill Road (#1-6505).
Accounts Allowed/Bonds/Subdivisions/Resolutions
Request to release a performance bond, in the amount of $792,430.87, for streets and drainage; a performance bond, in the amount of $211,275.85, for water and sewer in Greater Groves, Phase I; acceptance of a performance bond, in the amount of $5,000.00 in lieu of sodding right-of-way; acceptance of a maintenance bond, in the amount of $79,104.92; and acceptance of the following roads into the County maintenance system: Greater Groves Blvd. (#2-0159), Hamlin Flame Court (#2-0158A), and Pink Grapefruit Trail (#2-0158B).
Bonds - Mobile Home
Request for cancellation of the following mobile home bond:
Dorene Poe - Mt Plymouth Area - District #4
Public Works
Resolutions/Roads-County & State/Signs
Request to reduce speed limit on C-44A North from 55 mph to 45 mph, and post new speed limit signs.
Resolutions/Roads - County & State/Signs
Request to post 45 mph speed limit signs on Felkins Road (#5-6938).
Resolutions/Roads - County & State/Signs
Request to post 40 mph speed limit signs on Bates Avenue (#4-5771) from C-44 to Estes Road (#4-5876).
Deeds/Rights-of-Way, Roads & Easements/Road Projects
Request to accept the following right-of-way deed as a Corrective Deed for a road project, as follows:
Richard S. Arto and Ruth Ann Arto - Estes Road #4-5876
Deeds/Road Projects
Request to accept the following Statutory Warranty Deeds:
For Road Projects:
Winnie L. Williams - Phillips Road #2-1024
Darryl Story and Nancy Gail Story - Phillips Road #2-1024
Raymond J. Martin and Martha S. Martin - Phillips Road #2-1024
Roy Skipper and Vyleta I. Skipper - Phillips Road #2-1024
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following non-exclusive easement deed as follows:
For Lot Approval:
Terry W. Edwards, Jr. - Orange Blossom Road #3-2381
ADMINISTRATIVE SERVICES/BUDGETS/ACCOUNTS ALLOWED
GRANTS/LIBRARIES
Commr. Bakich brought up for discussion recreational items listed under the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, to which Mr. Jim Stivender, Director of Public Works, and Mr. Chuck Pula, Park and Facilities Director, responded to said concerns.
Commr. Bakich brought up for discussion the necessity of using a Suburban vehicle in lieu of a pickup truck, to which Mr. Stivender responded to said concerns.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for specifi-cations, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes; and the request for approval and signature on grant application "Foreign Aide for the Readers", in the amount of $9,000.00, as follows:
(1) Specifications:
The current purchasing policy requires that all
specifications be approved by the Board of County
Commissioners prior to bidding.
BUDGETED
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Environmental Specifications on RFP $ 50,000.00
Services for test drilling and
monitor well installation.
Per D.E.R. requirements.
(2) Public Works Specifications on additional $ 12,000.00
construction on Public Works
building.
(2) Award Bid and Encumber Funds:
VENDOR
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Public Works- Recommend that bid #047
Parks & Recreation -650-092 be awarded to the
following 5 vendors in the
best interest of Lake County
and procuring lowest bidder.
1) Southern Parks/low bid (20) $ 1,680.00
Picnic Grills Pilot rock
#B-24.
2) Gametime/Dominia Rec. $ 10,454.00
low bid. (5) Tower Cnt.
Modular #F0019. (6) Sand
diggers #6199.
3) BSN/ low bid (8) Basketball $ 5,284.26
goals BSN#5005XXXX, (7)
volleyball Std & Nets #
ST105OUT, (6) Tetherball
sets # STTABP01-VCT850HX.
4) Miracle/ low bid (17) $ 15,575.50
Coil spring animals, back
stop, (32) Picnic grills.
5) Pete Jeffery/ low bid (6) $ 16,524.00
Merry-go-rounds, (5) 3 place
swing sets, (5) Infant swing
sets, (20) swing benches.
BID TOTAL $ 49,517.76
(2) Capital Improv.- Recommend that Bid #
Infrastructure 045-425-092 be awarded to
Sales Tax Const. the following 6 vendors in
Bond. the best interest of Lake
County and Procuring lowest
qualified bidder. Bid #
045-425-092.
(1) Southern Contract Furniture $ 79,689.62
Inc./Select seating
(2) Beco, Inc./ select desk, $ 29,257.00
tables, and benches.
(3) Corporate Interiors/ select $ 18,468.50
files and tables.
(4) Skipper's/ select chairs $ 32,427.30
(5) Ernie Morris Ent./ select $ 12,476.64
desk, tables and chairs.
(6) Interior Design Services $237,071.50
Inc./ select sofas and
chairs.
(3) Public Works- Vann Gannaway Chev.- Geo $ 20,892.10
Engineering Inc./ Low bid 1 ea. 1992
Suburban 3/4 ton 4x4 diesel
truck. Bid # 046-070-092. To
replace a 1985 Suburban with
100,000 plus miles.
(4) Public Works- Boelinger International $ 88,183.20
Road Operations Truck sales, Inc./ Low
bid 3 ea. 1992 International
diesel 4x2 cab & chassis with
dump body @ $29,394.40 ea.
Bid # 051-070-092.
(5) Public Works- Atlantic Food Truck Sales/ $173,937.00
Road Operations Low bid 3 ea. 1992 diesel
6x4 cab & chassis with dump
body @ $57,979.00 ea.
Bid # 050-070-092.
(3) Quotes:
All goods or services from $1000 to $5999 require written
quotes (Department heads authorize up to $1000 for approval
in accordance with current procedures adopted by the Board
and authorized by County Manager).
VENDOR
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Administrative Howell Typewriter/ $ 1,590.00
Svc. - Personnel 2 ea. IBM wheelwriter 30
series II GSA pricing -
low bid at $795.00 each.
Replacement typewriter.
(2) Health & General Masters Communications/ $ 1,664.00
Svc.-Fire Services 6 Shinwa pagers and chargers
to replace destroyed & lost
pagers over the last three
years
(3) Health & General Masters Communications/ $ 4,244.64
Svc. - Haz. Mat. 10 Shinwa pagers including
installation of tones &
upgrade for 110 watt mobile
radio. Low Bid.
(4) Encumber Funds Previously Authorized:
VENDOR
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Health & General Masters Communications/ $ 3,019.57
Svc. - Haz. Mat. (1) 110 Watt Midland
Scanning Mobile W/portable
Radio Installed for HAZ-MAT
Team. (1) Portable radio for
upgrade to 110 watt mobile
for HAZ-MAT Team. To include
equip. to install and make
compatible with existing
equip. Utilizing Bid #
068-725-091. Approved
by B.C.C. 9/17/91.
(2) Health & General Safety Equipment/ $ 2,225.00
Svc. - Fire Svc. Firemen gloves and
suspenders utilizing Bid
#031-340-092, approved by
B.C.C. 11/19/91.
(3) Health & General Bishop Paint/ $ 1,152.75 Svc. - Fire Svc. Install 1035 Sq. Ft. of
commercial floor tile in
dayroom at station 91,
11630 Lake Shore Dr.
Clermont, Fl. 34711
(4) Development- Public Financial Mgmt. $ 1,184.50
Planning Inc./ Review of Deer Island
Community Development
District Project. Approved
contract #P-402 9/5/91.
(5) Approve Other Payments & Encumber Funds:
VENDOR
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Public Works - Wright State University $ 1,380.00
Fleet Maint. Center for Prof. Dev./
Registration for seminars
on Fleet operations and
advance motor fleet maint.
mgmt. for two employees.
(2) Health & General Ekeirt Tire Center/ $ 1,256.94
Svc. - Fire Svc. 6-11R22.5 unisteel II
tires, emergency purchase
for transport property
# 8834.
(6) Approve Services That Do Not Require Bid
or Quotes and Encumber Funds:
VENDOR
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1) Corrections - Waterman Medical Center/ $ 8,894.62
Medical Inmate medical care.
(2) Corrections - Orlando Regional Medical $ 1,938.00
Medical Center/ Inmate medical
care.
(3) Administrative West Coast Actuarial and $ 1,800.00
Svc. - Risk Mgmt. Financial Consultants, Inc./
Administrative fees for the
self-funded medical plan
1992 cobra rates.
(4) Public Works - Ace Industries of Orlando/ $ 1,169.70
Fleet Maint. Labor & Milage to repair and
replace diesel pump in
Umatilla, Florida.
(5) Public Works - City of Umatilla/ $ 1,600.00
Impact Fees Reimbursement for
engineering work performed
by consultant for road
project #16-91. City of
Umatilla paid original
invoice.
(6) Public Works - St. John's River Water $ 2,000.00
Special Svc. Mgmt. District/ Blanket
Purchase Order for 2/17/92
for required storm water
permits on Road Projects.
(7) Health & General Boebinger International/ $ 1,872.19
Svc. - Fire Svc. Rebuilt engine and assorted
gaskets property 21,711X
tanker.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES/BUDGET
APPOINTMENTS-RESIGNATIONS/COUNTY MANAGER
COMMITTEES/PERSONNEL
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request from the Personnel Division for the reappointment of the County Manager to the Personnel Committee, and designation of the Personnel Director
as Chair in lieu of a County Commissioner, voting only in case of a tie.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/CORRECTIONS DEPARTMENT
PERSONNEL
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request from the Personnel Committee for the appointment of a non-supervisory member, Corrections Officer Jack Perez, to the Personnel Committee, to be effective upon appointment.
INSURANCE/PROPERTY APPRAISER/COUNTY EMPLOYEES
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Risk Management to include the Property Appraiser's office employees in the County Group Benefits Plan.
CONTRACTS, LEASES AND AGREEMENTS/PERSONNEL
PRIVATE INDUSTRY COUNCIL/STATE AGENCIES
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request from the Private Industry Council to designate the Volusia County signator as the negotiating authority to update the Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) Agreement for Service Delivery Area #9.
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS/JAILS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signature on a contract between Lake County and United Telephone for the provision of an inmate telephone system in the new jail facilities.
HEALTH AND GENERAL SERVICES
COMMUNICATIONS/GRANTS/STATE AGENCIES/FIRE PROTECTION
Ms. Kathy McDonald, Interim Director of Health and General Services, appeared before the Board to answer a question presented by the Board.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for an amendment to the EMS County Grant application with the Florida Department of Health & Rehabilitative Services.
COMMUNICATIONS/LAWS & LEGISLATION/STATE AGENCIES
RESOLUTIONS
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution requesting the Legislature of the State of Florida to adopt a resolution asking the Federal Communications Commission to extend the application deadline for all local governments in Florida for 800 MHz frequencies to October 1, 1994.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
GRANTS/STATE AGENCIES
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for signature on three Award Agreements for the Community Services Block Grant funding, in the amount of $4,685.00.
PLANNING AND DEVELOPMENT
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COUNTY PROPERTY
Commr. Gregg stated that he recommends approval of the request to amend the Land Planning Group Industrial Park Contract, although the Industrial Development Council has recommended that the proposed survey and vegetation analysis be prepared in-house.
Mr. Don Findell, Executive Director of Environmental Services, appeared before the Board and stated that it would be difficult for staff to perform the proposed survey and analysis in a timely fashion.
Mr. Greg Beliveau, The Land Planning Group, was present in the audience to answer questions presented by the Board regarding a time schedule for completion of the survey in question.
A motion was made by Commr. Gregg and seconded by Commr. Hanson to amend the scope of services of the Industrial Park
Contract with The Land Planning Group, and increase the dollar amount to $9,800.00.
Under discussion, Mr. John Swanson, Executive Director of Planning & Development, stated that the increased dollar amount of $9,800.00 would be from Tourist Development Funds and reimbursed.
The Chairman called for a vote on the motion, which carried unanimously.
COUNTY PROPERTY/CONTRACTS, LEASES & AGREEMENTS
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and stated that The Land Planning Group, in conjunction with Farner-Barley and Associates, Inc. have prepared a development plan for the Lake County property located at the northwest corner of State Road 19 and U.S. Highway 27, and the request before the Board is to set the sale price for parcels at the Lake County Industrial Park.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that a contract on the sale of Parcel 10 has been approved by the Industrial Development Authority, at a sale price of $15,000.00 per acre.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to set the sale price for parcels one (1) through forty-nine (49) at the Lake County Industrial Park.
ORDINANCES/EDUCATION
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to request clarification of the intent of Ordinance 91-8, Section 16, referring to the refund of collected school impact fees and the clarification of the intent for waiving the three percent (3%) administrative fee for erroneously collected fees. Mr. Swanson stated that he would like the Board's authorization to refund the three percent (3%) impact fee collected.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that the impact fees were collected from
developments that had failed to request an adult status community determination, and refunds are entitled to those developments that have an adult status.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to refund the three percent (3%) fee collected for school impact fees to communities with an adult status determination.
MEETINGS/ROADS-COUNTY & STATE
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to request authorization to schedule a public hearing regarding road name changes in various areas of the County.
Ms. Kathy McDonald, Interim Director of Health and General Services, appeared before the Board and stated that the Emergency 9-1-1 staff and Addressing staff have compiled a list of road names which are duplicated, or similar in name, causing problems in the delivery of emergency services.
Discussion occurred regarding concerns expressed by the Board regarding public response to renaming of the roads in question, and the importance of the participation of the property owners in the selection of the names. Ms. McDonald stated that all affected property owners would be notified by certified mail of the public hearing.
Commr. Bakich directed staff to schedule a public hearing in June, and bring said date back before the Board for approval, regarding road name changes; and directed staff to include, in the notification to the affected property owners, the importance of public participation in the renaming process, encouraging them to submit their suggestions prior to the public hearing.
COUNTY ATTORNEY'S MATTERS
LANDFILLS/MUNICIPALITIES/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that a Notice of Intent to File Suit has been received from the City of Eustis and from the City of Fruitland
Park relating to the Lake County Waste Flow Control Ordinance. Ms. Lustgarten stated that the County is required, by Florida Statute, to schedule a public hearing with the governing body within thirty (30) days upon receipt of a Notice of Intent to File Suit.
It was the decision of the Board to tentatively schedule public hearings regarding the Notice to File Suit from the City of Eustis and the City of Fruitland Park on March 19, 1992, at 9:00 a.m. and at 1:00 p.m..
SUITS AFFECTING THE COUNTY/PLANNING & DEVELOPMENT
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present an update on the administrative hearing that took place on February 25th and 26th, 1992 on the Corinthian Park Project in the Green Swamp. Ms. Lustgarten stated that a transcript of said hearing must now be prepared, and upon receipt of the transcript, all parties will submit proposed orders based on the evidence submitted. The proposed orders will then be transmitted to the administrative hearing officer, at which time the officer will have twenty (20) days in which to issue the order.
COMMISSIONER'S BUSINESS
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for ratification of the Board on financial items which needed to be paid prior to the Board meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LANDFILLS
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Ms. Marian McKinney to the District No. 5 position on the Solid Waste Study Committee.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LANDFILLS
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of
Ms. Regina Southall to the District No. 1 position on the Solid Waste Study Committee.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Paul Thomas, as the representative for the Homebuilders Association, on the Affordable Housing Task Force.
ELECTIONS/LANDFILLS/FIRE PROTECTION
Commr. Bakich stated that Ms. Emogene Stegall, Supervisor of Elections, has reported that her office has been receiving numerous inquiries regarding the referendum questions to be on the March 10, 1992 ballot, at which time discussion occurred regarding this issue.
Commr. Hanson stated that the public must be informed of what these issues are, suggesting that a press release be prepared addressing the questions and answers.
Commr. Bakich directed Mr. Pete Wahl, County Manager, and Mr. Don Findell, Director of Environmental Services, to prepare a press release for the purpose of informing the public of said issues.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Michael F. Carey to the District No. 3 position on the Planning and Zoning Commission, with his term to expire February 28, 1993.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Mr. Dale Ladd to the District No. 2 position, replacing Mr. Jeff Rix, on the Planning and Zoning Commission, with his term to expire on February 28, 1994.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Mr. Carl
Kelly to the District No. 4 position on the Planning and Zoning Commission, with his term to expire on February 28, 1994.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a proclamation naming March 1992 as Red Cross Month.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
PERSONNEL
Commr. Bakich stated that, for informational purposes, the Lake County Taxpayers League has established a suggestions program for improving local government. Ms. Lois Martin has been working with the representatives of the Lake County Taxpayers League, and she will be discussing their concerns and considerations with the County Manager, and will make a presentation to the Board in the near future.
RECESS & REASSEMBLY
At 10:10 a.m., the Chairman, Commr. Bakich, announced that the Board would recess and reconvene at 1:30 p.m. for a workshop on the Land Development Regulations.
WORKSHOP - LAND DEVELOPMENT REGULATIONS
PLANNING & DEVELOPMENT
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board to present the workshop on the Land Development Regulations (LDRs) to the Comprehensive Plan, and distributed, for the record, a letter from Henigar & Ray, Inc., describing a revised scope of services, and the associated fee for additional services from them. Mr. Swanson stated that it is his recommendation that the Board approve Option 2.
Mr. Greg Stubbs, Director of Current Planning, appeared before the Board and introduced Ms. Vicki Kiley, a member of his staff, who was present to address issues which may require clarification from the Board. Mr. Stubbs stated that, in Chapter IV, Special Districts, staff has consolidated Airport Zones, Rural Village District regulations, Planned Unit Development District (PUD)
regulations, and the Mixed Use Quality Development (MUQD) regulations. Mr. Stubbs stated that, essentially, staff has removed the more cumbersome requirements in the Planned Unit Development District (PUD) regulations.
Commr. Bakich brought up for discussion language, on page IV-20, D., which requires roads in proposed subdivisions to be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. Mr. Stubbs stated that this issue is being addressed in Chapter 14 of the LDRs.
Mr. Swanson stated that changes are required on page IV-14, C. Industrial Standards, to which Ms. Lustgarten stated that language has been previously inserted, which addresses property adjacent to a non-industrial zoning district.
At this time, Ms. Lustgarten stated that clarification will be added to language, on page IV-2, regarding Leesburg Municipal Airport runways.
Ms. Lustgarten noted that language, on page IV-11, regarding PUDs within the Wekiva River Protection Area, should reflect the word shall in place of the word "should" and the language and Wekiva River Protection area should be inserted after "Wekiva River System".
Ms. Lustgarten reviewed language, pertaining to Open Space and PUD zoning in Lake County, within the Comprehensive Plan, and stated that said language should be inserted within the PUD District regarding clustering of units. Discussion occurred regarding said language; at which time Mr. Stubbs responded that this issue will be addressed.
Ms. Lustgarten recommended the following additional changes to Chapter IV:
Page IV-11, No. 4. Density - change "gross" to net.
Page IV-12, C. Open Space - change "must" to shall.
Page IV-13, A. Open Space - change "must" to shall.
Page IV-17, E. Open Space - conform language.
Page IV-19, No. 4. Density - change "gross" to net.
Mr. Stubbs stated that, for informational purposes, clarification will be made, within Chapter III, addressing the
concerns over Agricultural Intensive Uses, with language stating that egg processing facilities, chicken farms, hog ranches, and slaughter houses are Conditional Uses in Agriculture.
Mr. Jim Barker, Pollution Control Director, appeared before the Board to present a review of Chapter VI, Resource Protection Standards, and stated that much of the language in Chapter VI is compatible with the policies used by the St. Johns River Water Management District.
Commr. Bakich brought up for discussion language addressing wetlands boundary determinations required for permit application, the review of boundary determinations and ways in which the process may be simplified; at which time direction was given to staff to review this issue to determine if the permitting process could be deferred to other agencies, such as the St. Johns River Water Management District, thus preventing duplication of services.
Discussion occurred regarding language, on page VI-4, H., addressing fencing of wetlands, to which Ms. Lustgarten responded that a Land Use Plan Amendment will be required to make said language compatible with the Comprehensive Plan.
At this time, discussion occurred regarding wetland alterations permitted by the County, and the permanent degradation of the wetland. Mr. Barker stated that he will review these issues and bring back, for the Board's review, language which addresses alteration conservation easements.
Ms. Lustgarten noted that the Comprehensive Plan is specific as to what is permitted as a passive recreation use, and states that the accepted scope of passive recreation and conservation activities allowed to occur in wetlands shall be limited to raised boardwalks; at which time discussion occurred regarding the inconsistency.
Discussion occurred regarding Wellfield Protection, on page VI-23, at which time Mr. Barker stated that staff will be reviewing requirements under this section.
Ms. Lustgarten noted, on page VI-34, boardwalks should be inserted under Passive Recreation Facilities.
It was noted that 6.06.00 Mining had been inadvertently deleted and should be reinserted on page VI-46. Discussion occurred regarding the Mining Ordinance and ways in which the smaller mining operator can be treated without going through a long review process, at which time Mr. Barker stated that they are considering changes in the review process which will add flexibility for the smaller mining operator.
At this time, discussion occurred regarding language, in Chapter VII, Wekiva River Regulations, pertaining to permitted uses in the Wekiva River Protection area, and the requirement not to exceed three hundred (300) square feet of living area for guest or servant quarters; at which time Ms. Lustgarten responded that she would review said language for consistency with the Comprehensive Plan.
Commr. Hanson brought up for discussion language regarding permitted uses in "A-1-20 and "A-1-40", and stated that said language is more restrictive on permitted uses in "A-1-20" than in "A-1-40", which is opposite of what it should be, to which staff responded that this issue will be addressed.
COMMISSIONERS
At 3:25 p.m., Commr. Gregg left the workshop due to another commitment.
PLANNING & DEVELOPMENT (CONTINUED)
Mr. Stubbs stated that Bicycle Parking Requirements had previously been deleted from Chapter IX, but have been reinserted, thus providing consistency with the Comprehensive Plan.
Mr. Don Griffey, Engineering Development Division Director, appeared before the Board to review issues relating to neighborhood collector roads and stated that three classifications have been developed to guide the development community into utilizing the classifications into their plans. After discussion, Mr. Griffey
stated that clarification to said language will be addressed to include a threshold relating to the size of a development.
Mr. Griffey stated that a threshold of 200 dwelling units has been added to language, in the Bicycle and Pedestrian Provisions, addressing areas within urban, urban expansion, urban node, and suburban land use areas providing sidewalks on all roads within the development, with the exception of dead-end cul-de-sacs and short interconnecting roads less than three hundred (300) feet in length; at which time discussion occurred regarding said language.
Ms. Lustgarten noted a correction, on page IX-70, Sections 9.06.02 and 9.06.03, deleting "may" and inserting shall.
Discussion occurred regarding potable water, on page IX-80, at which time staff was directed to add clarification to the referral to "a public water system".
Discussion occurred regarding Stormwater Management System Design Criteria, on page IX-75, and the feasibility of smaller projects, commercial projects, site plans, and smaller subdivisions (40 acres or less), obtaining permitting through the County in-house, with larger projects permitting through the St. Johns River Management District; at which time direction was given to staff to review the issues involved in the permitting process and return with their findings by the week of March 16, 1992.
There being no further business to be brought to the attention of the board, the meeting adjourned at 4:10 p.m.
_______________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
______________________________
JAMES C. WATKINS, CLERK
MSF/BOARDMIN/3-3-92.MF/3-10-92
The Lake County Board of County Commissioners met in special session on Tuesday, March 3, 1992 at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; and Catherine Hanson. Commr. Swartz was not present due to other commitments. Others present were: Annette Star Lustgarten, County Attorney; Pete Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Marlene S. Foran, Deputy Clerk.
MUNICIPALITIES/ORDINANCE/PUBLIC WORKS
Commr. Bakich opened the first public hearing on the proposed Ordinance Amending Road Impact Fees, Section 17-26, Computation, To Delete The October 1, 1991 Thirty Percent (30%) Increase In Right-Of-Way Acquisition.
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that this is the first of two public hearing on a proposed ordinance, which eliminates the thirty percent (30%) additional road impact fee for road acquisition, and sets forth current fees that went into effect on October 1, 1991. She stated that the Board of County Commissioners have been in negotiations with the Town of Lady Lake for the purpose of resolving an ongoing dispute regarding the Town of Lady Lake's unwillingness to participate in the Lake County road impact fee system, and the draft ordinance, before the Board this evening, addresses issues
raised by members of the Town of Lady Lake Commission. Ms. Lustgarten stated that the Board has the option of splitting the Ordinance into two ordinances; one addressing the reduction of the thirty percent (30%) increase in fees for right-of-way acquisition, with a second public hearing scheduled on March 17, 1991; and one addressing the use of funds within the Road Benefit Districts, thus giving the Town of Lady Lake adequate time to review said ordinance and allowing time for further negotiations.
Commr. Bakich stated that the draft ordinance is proposing language that would clean up issues that have been addressed in negotiations with the Town of Lady Lake, at which time he requested input from the Board as to whether they feel the negotiation team is going in the right direction.
Commr. Bakich stated that, based on comments from the Board, the consensus of the Board is that the thirty percent (30%) increase in right-of-way acquisition, and the negotiations with the Town of Lady Lake are to be handled as separate ordinances.
Mr. Jim Stivender, Director of Public Works, appeared before the Board to address issues pertaining to negotiations with the Town of Lady Lake.
At this time, Commr. Bakich opened the floor for public comment.
Mr. Steve Richey, Attorney, appeared before the Board and stated that he expressed concerns, at the time the original Road Impact Fee Ordinance was passed, that the implementation of the thirty percent (30%) increase for right-of-way acquisition was inequitable and unfair to the citizens of Lake County. He further stated that extracting right-of-way and making people pay the thirty percent (30%) impact fee is not in the tradition of fair and equitable treatment. On behalf of the citizens of Lake County, Mr. Richey expressed his appreciation to the Board for their actions, at this time, in providing fair and equitable treatment regarding the road impact fees.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Amendment No. 1, striking through lines 30 through 33, on page 1, of the proposed ordinance.
Ms. Lustgarten reviewed changes as listed in Amendment No. 2 as follows:
Page 2, Lines 1 and 2 - delete "in order to resolve the issues raised by the members of the Town of Lady Lake Commission" and insert after "WHEREAS", it has been determined.
Page 2, Line 13 - insert after "fees" that went into effect on October 1, 1991, based upon the Florida Department of Transportation Construction Index,.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the board approved Amendment No. 2, as stated above.
At this time, Mr. Stivender noted that a meeting with the Town of Lady Lake has been tentatively scheduled on March 12, 1992, at which time language will be available addressing the position of the County on the issues involved. He stated that, on March 5, 1992, he will be attending a meeting with the majority of the cities regarding impact fees, and at this meeting insight will be provided into the direction in which the cities are leaning toward. He stated that the Board will be in a position to decide the direction in which they wish to go by the March 17, 1992 meeting.
There being no further business to be brought to the attention of the Board, the public hearing adjourned at 5:20 p.m.
_________________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTESTS:
______________________________
JAMES C. WATKINS, CLERK
MSF/3-3-92.5/3-9-92