A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 7, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, September 7, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Neil Kelly, Chief Deputy, Administrative Services Department; and Sandra Carter, Deputy Clerk.

Pastor Earl Wright from the Sorrento Christian Center gave the Invocation and led the Pledge of Allegiance.

MINUTES

The Minutes of July 13, 1993 (Regular Meeting); July 30, 1993 (Special Meeting); August 3, 1993 (Regular Meeting); and August 17, 1993 (Regular Meeting) were postponed until the Board Meeting of September 21, 1993.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIME CERTAIN

EMPLOYEE AWARDS

The Chairman presented the following plaques and bond:

Plaques to Employees with Five Years of Service to the County



Robert L. Book, Senior Graphics Technician,

Public Services/Engineering



Sherie A. Carrozza, Secretary III, Planning and Development, One Stop Permitting Center



Thomas E. Lawrence, Firefighter,

Fire and Emergency Services/Fire-Rescue



Robert D. Smith, Corrections Officer, Corrections/Security and Kimberly Goldwire, Corrections Officer, Corrections/Security were not present for the presentations.



Plaque to Employee with Ten Years of Service to the County



John J. Wichers, Equipment Operator III,

Public Services/Solid Waste Management





Plaques to Employees with Twenty Years of Service to the County



Burges Back, Equipment Operator III, Public Services/Roads



Katherine "Kathy" McDonald, Program Coordinator/Analyst, Public Services/Special Services



Plaque and Bond to September Employee of the Month



William "Bill" Hechler, Certified Building Inspector,

Building Services, One Stop Permitting Center,

Department of Planning and Development



RESOLUTIONS/COUNTY EMPLOYEES/PLANNING & DEVELOPMENT

The Chairman presented a Resolution of Appreciation to Ms. Susan Deines, Planner III, Planning Department, Planning & Development, who had resigned to take a job in another county.

Commr. Hanson thanked Ms. Deines for the fine job she did in working with the Affordable Housing Committee and noted that her efforts led to the Lake County Affordable Housing model being looked at as a model for not only the State, but for the Nation. She stated that the work Ms. Deines did will set the path for a good affordable housing program for the County in the future.

COMMITTEES

Mr. Edd Holder, a member of the Lake County Industrial Development Authority (IDA), appeared before the Board and thanked them for the County's financial commitment, in allowing the IDA to fill the position of the new Economic Development Coordinator, Mr. Alvin Jackson. He informed the Board that the IDA had met last week and had voted unanimously to recommend to the Board that they actively and aggressively pursue the Florida Raceplex project and try to persuade Capital Motorsports, Inc. to bring it back to Lake County, in an effort to try and decrease the 9.4% unemployment rate in the County.

Mr. Holder stated that the IDA was looking forward to the joint meeting that is to be held September 27, 1993 between the Industrial Development Authority, the Tourist Development Council, and the Board of County Commissioners. He requested that Ms. Leslie Little, the City of Leesburg's Economic Development Coordinator, be invited to said meeting, as well as any other individuals that it is deemed should be present, that might contribute to the meeting.

PUBLIC HEARING

ORDINANCES/SUBDIVISIONS

Mr. Jim Stivender, Jr., Director of Public Services, explained this request.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Ordinance No. 1993-13, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, RELATING TO LAKE JOANNA PARK; PROVIDING FOR A TITLE; PROVIDING FOR CREATION OF SECTION 5-6, LAKE COUNTY CODE, LAKE JOANNA PARK; PROVIDING FOR RESTRICTIONS ON CERTAIN USES OF LAKE JOANNA PARK; PROVIDING FOR THE PROHIBITION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS; PROVIDING FOR THE LEASHING OF DOGS AND CLEAN UP OF ANIMAL WASTE; PROVIDING FOR PLACEMENT OF SIGNS TO IMPLEMENT THIS ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



PUBLIC HEARING

CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS/SUBDIVISIONS

Mr. Jim Stivender, Jr., Director of Public Services, explained this request.

Commr. Swartz stated that he had met with Ms. Kathy McDonald, Program Coordinator/Analyst, Public Services/Special Services, regarding the amount of money that the homeowners of Imperial Terrace West are having to pay this year for street lighting and they were able to reduce it, by doing some consolidating. He stated that they anticipate that next year it will be reduced further. He questioned Ms. McDonald as to whether there was a preliminary estimate of what it is felt the amount would be, if the agreement were to stay in place beyond this year, to which she responded that it would be approximately $22.00.

The Chairman opened the public hearing.

Mr. Charles Sparks, President of the Imperial Terrace West Homeowners Association, appeared before the Board and submitted, for the record, a memorandum from the homeowners association requesting the Board to discontinue the Municipal Services Benefit Unit (MSBU) that is collecting monies for their street lighting, as well as a petition containing the signatures of over 55% of the homeowners who wish to discontinue the plan. He stated that, even though it is understood that the cost may be reduced, they still feel that it would not be feasible, or practical, for the association to continue with the plan.

The past President of the Imperial Terrace West Homeowners Association, Ms. Betty Daurer, appeared before the Board and brought them up-to-date concerning what had transpired over the past two years, regarding the issue of the MSBU.

Considerable discussion occurred regarding costs associated with the MSBU and the fact that the costs, per unit, to the homeowners was almost doubling.

Commr. Swartz stated that, if it is the desire of the homeowners association to get out of the MSBU, he would suggest that the County back out, however, noted that the County is going to have to eat some of the costs, as a result of not making the homeowners fully aware of the costs involved up front.

Ms. Ruth Pritchard, Treasurer of the Imperial Terrace West Homeowners Association, appeared before the Board stating, for informational purposes, that there will be two bills left to be paid - the August bill, which she noted they will receive around the middle of September, and the September bill, which will come around the middle of October. She stated that each of the bills will be in the amount of $309.94, for a total of $619.88.

Commr. Swartz noted that there will be a shortage of approximately $150.00 in being able to pay the September bill, when it arrives, and questioned Mr. Sparks as to whether it would be possible, if the Board backs out of the plan and eats whatever advertising costs may have been incurred, for the Association to start paying the September bill now, so that the County will have enough money to pay the August bill and close out the MSBU.

It was noted that Ms. Pritchard will send the County the last bill that they receive, which will be the September bill, and that the County will pay the August bill and close out the MSBU.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board denied approval of the resolution adopting the Imperial Terrace West Municipal Services Benefit Unit Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll, as requested by the majority (55%) of the residents of Imperial Terrace West, and directed staff to close out the MSBU.

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:

Bonds- Contractor



Request for approval of Contractor Bonds, New and Cancellations, as follows:



New



1500-95 Carl Woodrow Stewart, Jr. d/b/a Cali, Inc. and

United Pool & Spa

1709-95 Shalin, Inc. d/b/a Bob's Air Conditioning & Refrigeration

1943-94 Robert J. Zahradnik (Building Contractor)

4021-94 Air Cooling & Heating by Anderson, Inc.

4904-94 G & T Electric Company, Inc.

5246-94 Walter B. Kirk d/b/a Sunstar Plumbing Company

5247-94 Edward G. Zimmerman d/b/a Reeves Construction, Inc. (General/Roofing)

5248-93 Robert Blake Harper d/b/a 1-800 Plumber, Inc.



Cancellations



1696-93 Lowell K. Vogel

3084-93 Bramlett Electric

4055-93 Richard L. Hill d/b/a Hills Quality Plumbing, Inc.

4067-93 Clifford Lucas d/b/a Rainbow Lakes Heating & Air Cond.

4346-93 Herbert L. Smith

4383-93 Wilmon Ray Stevenson

4399-93 Mari Jane Derrick d/b/a Derrick Electric of Belleview

4615-93 Allstar Electric of Orange City, Inc.

4640-93 David McBride

4648-93 Sickels Plumbing, Inc.

4690-93 David LaBaugh Candler Wood Works, Inc.

4793-93 Bruce Baumgardner

4874-93 Airworks Air Conditioning, Inc.

4889-93 Ronald Kessel d/b/a Crystal Kool Pools

4994-93 Doyle Starling



Cancellations (Cont'd.)



5045-93 Spencer J. Dameron, Jr. & Michael Dameron

d/b/a Environmental Air & Electric

5124-93 Pete Ciraco

5216-93 Grover Maynard d/b/a Reeves Electric, Inc.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Lowell T. Golby and Elaine Hyatt, in the amount of $50.00 - Case Nos.

89-1367-CJ and 89-1045-CJ and authorized proper signatures on same.



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending July 31, 1993, in the amount of $114,331.45. Same period last year: $145,706.68.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 93-012, from the City of Fruitland Park, adopted by the City Commission on July 29, 1993, annexing property generally located northwest of the intersection of Poinsettia Avenue and Miller Street (generally known as the Bowen property) into the City of Fruitland Park.



Reports



Request to acknowledge receipt of the Florida Regional Emergency Medical Services Financial Report for the fiscal year ending September 30, 1992.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 93-06-07, from the City of Groveland, adopted by the City Commission on June 7, 1993, providing for the voluntary annexation of an area contiguous with the city's boundaries.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 93-06, from the Town of Lady Lake, adopted by the Town Commission on July 19, 1993, redesignating the zoning classification for certain property owned by William L. Brush, located within the town limits of the Town of Lady Lake.



Utilities/Municipalities



Request to acknowledge receipt of Notice from the Florida Public Service Commission, regarding an Application for Certificate No. 106-W, in Lake County, by Southern States Utilities, Inc., with regard to Order Amending Certificate to Include Additional Territory and Leaving Docket Open for Formal Hearing on Objection to Imperial Terrace Territory.





Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 93-06, from the City of Eustis, adopted by the City Commission on July 15, 1993, voluntarily annexing that property on the west side of Aldrich Street, south of Belmont Avenue, into the corporate limits of the City of Eustis.



COUNTY MANAGER'S CONSENT AGENDA



Mr. Pete Wahl, County Manager, requested that Tab 5, concerning a request for approval of the Resolution amending Section 6 of Resolution No. 1991-23, pertaining to the duration of the Lake County Natural Resources Advisory Committee, be pulled and discussed separately.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:

Resolutions



Request from the County Manager for approval of the Resolution Adopting Fee Schedules for Fiscal Year 1993-94.



Budgets/Budget Transfers/Office of Budget



Request from the Office of Budget for approval of the following Budget Transfers and to acknowledge receipt of For Your Information Item:



Budget Transfers



Fund: Aquatic Weed Control

Department: Public Services

Division: Mosquito/Aquatic Plant Management

From: Non-Operating $ 4,218.00

To: Personal Services $ 4,218.00

Transfer No.: 93-0304





Fund: General

Department: Sheriff

From: Contingency $10,000.00

To: Trans/Law Enf. - Other Exp. $10,000.00

Transfer No.: 93-0313



For Your Information Item



Acknowledged receipt of items listed in the Board's backup material, under Attachment I, which were approved by the County Manager, based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit to $25,000.00 for the County Manager.



Community Services/Public Health/Reports



Request from Community Services to acknowledge receipt of the County Public Health Unit (CPHU) Activities and Expenditure Report, for the period ending June 30, 1993.





Appointments-Resignations/Community Services/Libraries



Request from Community Services to appoint Ms. Cathie Carrier Bakich to the Lake County Library Board as a representative of the Umatilla Public Library, for a three year term, to commence October 1, 1993.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval for the Lake County Public Health Unit to purchase a new copy machine from Xerox Corporation, under state contract. Total cost from state funds is $6,805.00.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval for the Lake County Public Health Unit to purchase a new 1993 Toyota pick-up truck, under state contract, for Environmental Health. Total cost from state funds is $13,748.80.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval to pay monthly Medicaid hospital bill, in the amount of $50,396.86, and the Medicaid nursing home bill, in the amount of $36,666.32, for the month of June.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval to pay monthly Medicaid hospital bill, in the amount of $18,435.47, and the Medicaid nursing home bill, in the amount of $32,065.05, for the month of July.



County Employees/Human Resources



Request from Human Resources for approval of Certificates to Employees with One Year of Service to the County and authorized proper signatures on same.



County Employees/Human Resources



Request from Human Resources for approval of Certificates to Employees with Three Years of Service to the County and authorized proper signatures on same.



County Employees/Human Resources/Insurance



Request from Human Resources for approval to authorize a waiver of the Mandatory Second Surgical Opinion, under the County's Group Health Plan, effective immediately, subject to approval by the County Attorney.



Contracts, Leases & Agreements/Building Department

Planning & Development Services



Request from Planning and Development Services for approval of the agreement between Lake County and The Plantation At Leesburg Limited Partnership relating to the issuance of building permits, while platting is in process, for Plantation at Leesburg.





Contracts, Leases & Agreements/Building Department

Planning & Development Services



Request from Planning and Development Services for approval of the agreement between Lake County and The Greater Construction Corporation relating to the issuance of building permits, while platting is in process, for Greater Hills, Phase 5.



Deeds/Planning & Development Services



Request from Planning and Development Services for authorization to accept a Non-Exclusive Easement Deed from Doris P. Thomas.



Deeds/Planning & Development Services



Request from Planning and Development Services for authorization to accept a Non-Exclusive Easement Deed from Richard and Joan Zinckgraf.



Deeds/Planning & Development Services



Request from Planning and Development Services for authorization to accept a Non-Exclusive Easement Deed from Roy M. and Sandra A. Matsumoto.



Deeds/Planning & Development Services



Request from Planning and Development Services for authorization to accept a Non-Exclusive Easement Deed from Kathleen W. Traywick.



Deeds/Planning & Development Services



Request from Planning and Development Services for authorization to accept a Non-Exclusive Easement Deed from Lois L. McKay, Gerald F. Erickson, and Thomas W. Erickson.



Bonds - Mobile Home/Planning & Development Services



Request from Planning and Development Services for approval of a Temporary Mobile Home Surety Bond for Kenneth Carnes (MB 7-93-6).



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to release the following Murphy Act State Road Reservation:



Deed No. 2534 - Grace C. Tracy - Bishop's Subdivision, City of Eustis - Reserve 40 feet from centerline of Lakeview Avenue and 25 feet from centerline of Dewey Street.



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to release the following Murphy Act State Road Reservations:



Deed No. 830 - Homes for the People, Inc. - City of Leesburg, Section 22, Township 19 South, Range 24 East - Reserve existing 50 foot right-of-way (25 feet on each side of centerline) of Harlem Avenue; reserve existing 40 foot

right-of-way (20 feet on each side of centerline) of Georgia Street; and reserve 50 foot right-of-way (10 feet on each side of existing 30 foot right-of-way) on Tuskeegee Street.





Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following Statutory Warranty Deeds:



Bonnie Lee Beardsley Jones

Em-En-El Grove Road (5-8037)



Raymond W. and Betty M. Richardson

Rolling Acres Road (5-6903)



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following Statutory Warranty Deed:



Robert B. and Mary E. Sindler

CR 435



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following Statutory Warranty Deed:



Paisley United Methodist Church, Inc.

SR 42



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following Statutory Warranty Deeds:



Willie A. Thompson

Anderson Hill Road (2-1146) and Lakeshore Drive (2-1040)



Circle T. Ranch and Groves, Inc.

Anderson Hill Road (2-1146)



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following:



Non-Exclusive Easement Deeds



Armando Alonso and Francisco Alonso,

joint tenants

US 27/SR 25 Cross Access Easement



Joseph A. and Emmy L. Valore

Palm Avenue (5-5722)



Statutory Warranty Deed



William and Pamela Chambers

Em-En-El Grove Road (5-8037)



Deeds/Public Services/Roads-County & State



Request from Public Services for authorization to accept the following Non-Exclusive Easement Deed:



Jeffrey H. and Sherry L. Mosher

East Lake Jem Road (3-3268)





Accounts Allowed/Public Services/Road Projects



Request from Public Services for authorization to award

C-561/C-565B Intersection Realignment (Loghouse/Pine Island) Project No. 16-93, Bid No. B-5-3-73, to Paquette Paving Company, and to encumber and expend funds, in the amount of $51,390.50, from Road Impact Fee Benefit Districts 5 and 6 (cost shared 50/50). Commissioner District 2.



Accounts Allowed/Public Services/Road Projects



Request from Public Services for authorization to award Bill Collins Road (4-6880) and Calhoun Road (4-6581) Paving Lump Sum Construction Project No. 17-93, Bid No. B-5-3-74 to Professional Dirt Service, and to encumber and expend funds, in the amount of $248,389.00, from the County Transportation Trust Fund. Commissioner District 4.



Public Services/Road Projects



Request from Public Services for approval of the following priority order Transportation Enhancement Projects, as well as approval to submit additional project justifications:



1. Clermont-Minneola Trail

2. South Lake Rail Trail acquisition

3. U.S. 441 Greenway Trail



Accounts Allowed/Purchasing



Request from Purchasing for approval to advertise for bids, proposals and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contracts, G.S.A. Cooperative Bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:



A) Authorization to Seek Bids, Proposals and Professional Services and Approve Technical Specifications.



DIVISION AMOUNT



1) Purchasing The annual usage for each commodity

or service listed on the attachement

is estimated to be over $6,000.00.



Authorization for the Office of Purchasing to advertise throughout this fiscal year for Lake County's annual bids, proposals and negotiated competitive agreement for the attached list of commodities and services. It is also requested that the Board grant approval for the Office of Purchasing to award the annual bids and proposals, if the award recommendation is to the low, most responsive bidder, and issue blanket purchase orders within budgeted funds. Annual bids, quotes, proposals and negotiated competitive agreements establish a firm source, period and quantity discounted prices for high volume materials and services, significantly reducing the number of repetitive expensive daily purchasing transactions through the utilization of blanket purchase orders.





C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.



DIVISION AMOUNT



1) Public Services $ 9,726.00



Ron Turley Associates, Inc./Award Proposal #P-5-3-13 and issue a Purchase Order for a Fleet Maintenance System. Three proposals were received, a selection committee consisting of Mike Brooks, Don Griffey, Bob Runninger and Kelly Soucy, selected Ron Turley Associates, Inc., number one, based on the selection criteria stated in the proposal specifications.

2) Fire & Emergency Services $16,908.93



Municipal Equipment/Award Bid # B-2-3-72 and issue a Purchase Order for 3 each hydraulic rescue tools at $5,636.31 each. Four bids were received, award recommendation is to the low, most responsive bidder. Estimated savings between high and low bid is $3,673.00





3) Fire & Emergency Services $40,000.00



Aero Products/Award Bid # B-2-3-61 and issue a blanket Purchase Order within budgeted funds for Lake County's annual bid for miscellaneous medical supplies. Seven bids were received, award recommendation is to the overall low bid for 57 line items. Estimated savings between high and low bid is $1,340.22.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



1) Corrections $84,000.00



Mutual Wholesale/Authorization to extend the Bid for an additional six months, until 3/31/94, and issue a blanket Purchase Order within budgeted funds for meats and related products, Bid #019-387-093. Original Bid approved 9/15/92.



2) Corrections $96,000.00



B&R Foods Inc./Authorization to extend the Bid for an additional six months, until 3/31/94, and issue a blanket Purchase Order within budgeted funds for staple foods, Bid #020-387-093. Original Bid Approved 9/15/92.

3) Public Services $23,609.10

Traffic Control Devices/Authorization to piggyback the Seminole County Bid #A/R-266 and issue a Purchase Order for the installation and purchase of traffic signals at intersection C-44A & C-44C.



4) Solid Waste $21,000.00



Jimmie Crowder Excavating & Land Clearing, Inc./Authorization to piggyback original bid price of $9.96 per ton from the U.S. Army Corps of Engineers, Bid #DACW17-93-B-0069, and issue a Purchase Order for grinding of storm debris. Solid Waste will be reimbursed through FEMA.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



1) Corrections $ 1,300.00

Dr. Shutze and Dr. Techman, PA/Authorization to issue a Change Order for $1,300.00, the total Purchase Order will be $15,950.00, for miscellaneous operating supplies for the morgue. The Board approved the original Purchase Order on 11/3/92.





2) Mosquito Management $ 2,620.00



American Cyanamid Company/Authorization to issue Change Order for $2,620.00, total Purchase Order will be $37,440.00, for 2,000 gallons of Cythion Malathion VLV concentrate 91% Technical. The Board approved the original purchase order on 7/13/93.



3) Clerk of Courts $15,000.00

James C. Watkins, Clerk of Courts/Authorization to issue a Change Order for $15,000, total Purchase Order will be $2,755,651.00, for an interdepartmental transfer to James C. Watkins, Clerk of Courts.

F) Approve and Execute Contract, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION AMOUNT



1) Tourist Development Council $ 359.40

Alarm Detection System, Inc./Authorization to issue a Purchase Order and the Chairman to sign the attached security service agreement, pending the County Attorney's approval, for monitoring of the burglar, fire and panic alarm at the Lake County Welcome Center.



ANNUAL PROCUREMENT COMMODITY AND SERVICE LIST

FY 1993/94





PAGER RENTAL

BATTERIES, AUTO

TWO WAY RADIO MAINTENANCE

REPAIR FIRE EXTINGUISHERS

PEST CONTROL SERVICE

MAINTENANCE ON OVERHEAD DOORS

DIESEL & GAS

MEATS

STAPLE FOODS

DAIRY PRODUCTS

BREAD AND ROLLS

COFFEE

HOUSEKEEPING, KITCHEN & LAUNDRY SUPPLIES

MISCELLANEOUS JANITORIAL & PAPER SUPPLIES

UNIFORM RENTALS

UNIFORM PURCHASES

JANITORIAL SERVICES

MEDICAL SUPPLIES FOR CORRECTIONS



ANNUAL PROCUREMENT COMMODITY AND SERVICE LIST (CONT'D.)

FY 1993-94





LABORATORY SERVICES

COMMISSARY SALE ITEMS

LIMEROCK

OFFICE SUPPLIES & FURNITURE

CULVERT PIPE

TRAFFIC SIGN MATERIAL

CRUSHED ROCK

COVER MATERIAL

ASPHALTIC CONCRETE

BUNKER GEAR

MEDICAL SUPPLIES FOR FIRE RESCUE

PUBLISH DELINQUENT TAX

LUBE/OIL

AUTOMOTIVE STOCK PARTS

DRUGS & PHARMACEUTICALS

FILM

LEACHATE HAULING SERVICES

BADGES

INMATE SUPPLIES

TRAFFIC COUNT

TREE REMOVAL

CHILLER SERVICE

TOXICOLOGY & HISTOLOGY SERVICES

WASTE TIRE DISPOSAL

COMPUTER MAINTENANCE

LEGAL SERVICE - PUBLIC DEFENDER CONFLICT OF INTEREST CASES

MORGUE SUPPLIES

RECYCLING OF USED OIL FILTERS AND WASTE OIL

COMPUTER EQUIPMENT & SOFTWARE

TYPEWRITER MAINTENANCE

SCRAP METAL

FLEET VEHICLES (THIS WILL BE A ONE-TIME BUY, BOARD APPROVED CAPITAL, A BLANKET P.O. WILL NOT BE ISSUED.)



NEGOTIATED COMPETITIVE AGREEMENT:



AUTOMOTIVE NON-STOCKED PARTS

HARDWARE

PRODUCE



Accounts Allowed/Contracts, Leases & Agreements

Office of Tourism



Request from the Office of Tourism for approval to execute Distribution Service Agreement with F.P.I.S., for October 1, 1993 through September 30, 1994, and to encumber and expend funds in the amount of $3,180.00.



COMMITTEES/COUNTY MANAGER/RESOLUTIONS

Commr. Swartz stated that this request was to adopt a resolution extending the term of operation of the Lake County Natural Resources Advisory Committee for an additional two years, however, he suggested that the Board extend the term for an additional five years, rather than the two years, in order to keep the Committee from having to come back before the Board every two years for additional extensions, noting that said committee would be ongoing for some time, due to being involved with the Lake County Comprehensive Plan.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the County Manager for approval of the Resolution amending Section 6 of Resolution No. 1991-23, Duration of Committee, to extend the term of operation of the Lake County Natural Resources Advisory Committee to the year 1998.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/COMMUNITY SERVICES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried, the Board approved a request from Community Services for approval of a 10 month (12/1/92 through 9/30/93) new Standard Lease Agreement with Digital Products Corporation and authorized proper signatures on same.

Commr. Cadwell was not present for the discussion or vote.

COMMUNITY SERVICES/PUBLIC HEALTH/RESOLUTIONS

Mr. Pete Wahl, County Manager, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board approved a request from Community Services for approval of the 1993-94 County Public Health Unit Fee Resolution replacing and updating Resolution No. 1992-176.

Commr. Cadwell was not present for the discussion or vote.

ACCOUNTS ALLOWED/BUDGET TRANSFERS/FAIRGROUNDS

FACILITIES & CAPITAL IMPROVEMENTS

Mr. Pete Wahl, County Manager, explained this request.

Ms. Nancy Lamb, Project Director, Retired Senior Volunteer Program (RSVP), appeared before the Board stating that RSVP has sponsored a Showcase of Senior Services, annually, for about six years. She stated that, previously, Lake Sumter Community College (sponsor of the RSVP program) co-sponsored the event and it was held in the gymnasium of the college. She stated that the Showcase has become a very popular and much needed event for the senior citizens in Lake County, therefore, they need to move to a larger facility and would like to use the Fairgrounds.

Commr. Swartz questioned whether this request would be a one time thing, or whether it was going to be an annual budget appropriation.

Commr. Bailey responded, stating that, if it continues to grow, unless there is a larger facility in the County, he did not know of any other place where it could be held.

Commr. Hanson stated that the Board would have to see what response they get for the volunteer program, noting that that would be the main reason the County would be involved.

Mr. Wahl interjected that, after the Board sees what the impact of the Showcase is for this year, they may want to look at possibly modifying the policy to include an allowance for usage. He stated that, at the present time, the existing policy is rather restrictive, in terms of who is allowed free use. He stated that, if this is something that the Board is interested in and it proves to be beneficial to the County, in terms of recruiting volunteers, the Board may want to grant a waiver of fees for the Showcase.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Facilities and Capital Improvements for the County to co-sponsor the Annual Showcase of Senior Services, on November 19, 1993, at the Expo Hall of the Lake County Fairgrounds, and approved a request to transfer and expend $653.00 from Personnel to the Volunteer Coordinator's budget, to pay the required usage charges.

FIRE & EMERGENCY SERVICES/STATE AGENCIES

Mr. Pete Wahl, County Manager, explained this request.

A motion was made by Commr. Gerber and seconded by Commr. Bailey to approve a request from Fire and Emergency Services for approval of a Memorandum of Understanding Between Lake County and the Florida Department of Agriculture and Consumer Services, Division of Forestry, allowing Mr. Craig Haun, Senior Director, Fire & Emergency Services, to participate as the Deputy Incident Commander in the State Overhead Command Teams, to be utilized as such in the event of an emergency.

Under discussion, Mr. Haun appeared before the Board and explained what the request would entail, noting that the Memorandum is an agreement that allows outside agencies to participate with the Division of Forestry personnel on using the Division of Forestry procedures and equipment. He stated that the basis of the Memorandum states that, as the participating agency, the County will incur the costs for transportation to get him to the location where he is going to serve and then the Division of Forestry will pick up the cost for lodging, meals, etc., while he is there.

The Chairman called for a vote on the motion, which was carried unanimously.

RESOLUTIONS/PLANNING & DEVELOPMENT SERVICES

Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development Services, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Planning and Development Services for approval of a Resolution designating the Lake County Comprehensive Plan as the Lake County Community Development Plan and authorized proper signatures on same.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT SERVICES

Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development Services, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development Services for approval of Partnership Agreements with Homes in Partnership, Inc.; Affordable Housing by Lake, Inc.; Habitat for Humanity of Lake County, Florida, Inc.; and the City of Leesburg for the Lake County Affordable Housing Assistance Program and authorized proper signatures on same.

PLANNING & DEVELOPMENT SERVICES/RESOLUTIONS

Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development Services, explained this request.

Ms. Susan Deines, Planner III, Planning Division, Planning and Development Services, appeared before the Board and submitted a letter, for the record, that she had received from the SHIP Program Administrator for the Florida Housing Finance Agency, indicating several comments that they would like incorporated into the Local Housing Assistance Plan, prior to submitting the Plan to the Review Committee for approval. She noted the comments, as follows:

1. Submit the SHIP Review Committee Checklist.

2. Submit a revised Housing Delivery Goal Chart for each State Fiscal Year presented in the Plan.



3. Page 5 states the County may impose recapture provisions identical to those specified in s.143, et seq. of the Internal Revenue Code. The County may choose to readdress this recapture provision due to an amendment change to s.420.9075 (4) (g), F.S. The recapture language now reads: "Eligible owner-occupied housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the housing assistance program shall be subject to the long-term affordability and recapture requirements as provided by the County or eligible municipality."



4. Attachment 6 provides an administrative budget for a three year period. Please provide a breakdown of the administrative expenditures for each State fiscal year. Also, the Review Committee could not determine if the $12,000.00 allocated for administrative assistance to other organizations would be an eligible use of SHIP funds. Please provide additional narrative on this expenditure for determination.



Ms. Deines stated that they also suggested that the County scratch all the sites at the bottom of each paragraph, where it sites what Rule and Statute that paragraph relates to.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development Services for approval of an Amendment to Resolution No. 1993-60, which governs the expenditures of funds in the Lake County Housing Assistance Plan, to increase the allotment of funds that may be used for administrative purposes, as well as to approve the changes noted by Ms. Deines.

RESOLUTIONS/PLANNING & DEVELOPMENT SERVICES

Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development Services, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development Services for approval of a Resolution allowing the administrative expenditure allotment from the SHIP Program to increase from 5% to 10% of the total SHIP Program funds.

LAND DEVELOPMENT REGULATIONS/PLANNING & DEVELOPMENT SERVICES

Mr. Pete Wahl, County Manager, explained this request, stating that, as a result of trying to implement the Comprehensive Plan and the Land Development Regulations (LDRs), the issue of lot splits among family members has been raised a number of times. He stated that there are at least five areas identified as needing Board direction, until the LDRs implementing the family lot split policy are drafted, before staff can continue processing family lot splits.

Commr. Hanson questioned whether one of the areas needing Board direction, which pertains to family lot splits being utilized in rural areas, includes the rural areas of the Wekiva, to which she was informed that it does, that it pertains countywide.

Commr. Hanson stated that her concern is that the designations in the Wekiva are not included as rural/rural conservation. She stated that her belief was that the whole idea of family lot splits was to give some relief to those large tracts that cannot, according to the interpretation of staff, be split for a family member.

Mr. Greg Stubbs, One Stop Permitting Center Coordinator and Director of Development Regulations, informed the Board of how staff has been handling the matter, up to this point, however, stated that they need direction from the Board, because it is a very difficult thing for them to figure out on their own.

Considerable discussion occurred regarding the issue of lot splits in the rural areas of the County, at which time Commr. Hanson stated that her real concern is to give relief to those landowners who own 10, 20, 30 or 40 acres, that are locked in, that the Board has taken a tremendous value off their land. She stated that they are going to have to pay taxes on that land and, if they cannot at least use it for a family member to live on, then she feels that the Board has created a tremendous injustice to those individuals.

Commr. Bailey stated that he felt the Board should include the five acres, as well, so that families can split that, too, to something that is reasonable.

Mr. Stubbs referred to a memorandum in the Board's backup material, from the County Attorney, regarding the issue, noting that there are a lot of things that are fairly clear, however, feels that there will probably have to be something recorded in the public records that ties it down. He stated that the time limitation and the size of the lots are the main issues that need to be resolved.

Ms. Cecelia Bonifay, Attorney, representing Ms. Carrie Register (present in the audience), appeared before the Board stating that Ms. Register has been trying to get a family lot split for approximately six months, so she was very happy that the Board was going to clarify the decision.

Ms. Bonifay referred to the five areas of concern being discussed, stating that, for the first area of concern, being the fact that the policy states that family lot splits are to be utilized in rural areas, she was glad to see that the Board was going to include A-1-20 and A-1-40 overlay zones in the Wekiva, as she feels that is the lowest density in the entire county.

Concerning the second area of concern, which pertains to a family member possibly having to retain ownership, she stated that, if the Board feels they need to impose that, just as a way to keep people from speculating, she felt that one to three years would be a good compromise.

Concerning the third area of concern, being to limit which zoning district could be utilized for family lot splits, she feels that zoning should not be an issue, because the County cannot issue a development order that is inconsistent with the Comprehensive Plan. She stated that it should be the land use classification, so, as long as one is in those rural land use classifications, zoning should not be an issue at all.

Concerning the fourth area of concern, being whether there would be any variances permitted from the standards which the Board might set for the County, she feels that there should be an allowance for a variance to this, just as there would be to any other type of lot split, noting that that might be one way to give the County more control.

Concerning the fifth area of concern, being whether there should be any minimum lot sizes imposed on family lot splits, she feels that there should not be a minimum lot size and that, one way to directly control that is, if the County is going to try to use one of its existing procedures for major and minor lots splits now, then, unless the County writes a new rule, there can only be six lots created, including the parent tract, and that in itself would be a limitation on the size of the lot. She stated that the only way one would be able to exceed that would be to obtain a variance, which could be done on a case by case basis, and they would go to the Board of Adjustments to be heard.

Ms. Bonifay stated that the size for a septic tank is 10,300 square feet, under Rule 10D6 of the Florida Administrative Code, not 12,500 square feet. She stated that Lake County is the only county that has a 12,500 square foot lot, which she noted exceeds the Health and Rehabilitative Services (HRS) requirement of 10,300 square feet, which was set a number of years ago. She stated that the County is going to have problems in the Green Swamp, because of the way that the setbacks were written, which she noted do not coincide with Rule 10D6. She stated that Lake County will not allow a variance, but HRS does, so the County has really put people in a "catch 22" situation. She stated that, one way or another, the County is not going to be able to exceed what the HRS standards are, because the County's Comprehensive Plan is more restrictive.

Ms. Bonifay stated that, if the Board gave staff those directions, she feels they could follow it, with the additional language that is already in the LDRs for major and minor lot splits.

Mr. Steve Richey, Attorney, representing the United Southern Bank and Barnett Bank, appeared before the Board stating that the five year requirement would cause problems, from a financing point of view, if, in fact, there is a default, because the banks need to be protected, in the sense of having the ability to foreclose their interest in the matter, if they loan money to one of the individuals that would be affected. He stated that a three year requirement might work, as part of the process. He stated that it would not do any good for the County to create such a requirement, if there is not a lender that is willing to loan an individual the money to utilize the family lot splits, therefore, he requested the Board to be sensitive to the time table.

Commr. Hanson stated that she agreed with some of the statements made this day concerning the issue of family lot splits being utilized in rural areas. She stated that she feels it should be all the rural classifications and that she feels three years is reasonable, with the default provision and the variance provision. She stated that she agreed with the statement made by Ms. Bonifay that zoning really should not apply. She also stated that she feels there should not be any minimum lot sizes imposed on family lot splits.

Commr. Bailey stated that he is going to support leaving the transitional and suburban in, because, for all practical purposes, they are rural.

Commr. Hanson stated that she concurred with Commr. Bailey, stating that the County has locked the hands of these people so much and the timeliness will never be there, if the Board does not start allowing a little bit of this to happen.

Commr. Swartz stated that his only concern is creating places where there is something substantially different from what they have otherwise developed, noting that in the past there was always a check and balance on it, because people would have had to rezone. He stated that the County could get down to one acre in either of the two categories, unless the zoning would have allowed more, and noted that, conceivably, people were developing at a higher density anyway.

Mr. Stubbs stated that, in the land use category, the County would not want to do anything that would be detrimental to the Comprehensive Plan, noting that the plan itself allows the County to exceed those densities in those areas. He suggested something that used to be in the LDRs, which was a variance from the Lot of Record Ordinance.

Commr. Swartz stated that he would like to see something, in general, that keeps what the County is splitting the lots up into fairly consistent with what might be there, which would be whatever is consistent with the surrounding area.

Commr. Hanson stated that she was not sure that that would work.

Ms. Bonifay, Attorney, reappeared before the Board stating that they were trying to predetermine every aspect of how this may be applied. She stated that the County does not know how many of these may come through, noting that she felt a better position might be to monitor it for six months and see what it produces. She stated that it may not produce any.

Commr. Hanson stated that she would not have a problem with the one acre limitation, at this time, because it is consistent with the suburban, assuming that the timeliness issue has been addressed and there is an allowance for a variance, to handle hardship cases. She stated that perhaps the Board should look at it in six months, as Ms. Bonifay suggested, because she felt that there will be glitches that will come forward. She noted that she was talking about the minimum lot sizes.

Commr. Swartz stated that he would go along with that, because it would at least give the County something to start with, and the Board could bring it back at a later date and refine it.

Commr. Swartz reviewed each of the issues, noting the following:

For Item 1, the Board was adding A-1-20 and A-1-40.

For Item 2, the Board was saying three (3) years with a variance provision and with a default provision.

Ms. Lustgarten, County Attorney, interjected that a document will have to be recorded in the public records to address the foreclosure issue.

Commr. Swartz further noted that:

For Items 3 and 5, the Board is saying not to worry about the zoning district, they will go with the one acre minimum, to start with.

For Item 4, the Board is saying that there will be a variance provision.

Ms. Lustgarten, County Attorney, interjected that there would only be variances from the standards that the Board is setting this date, noting that the variance requirement of the Comprehensive Plan would not be subject to it.

A motion was made by Commr. Hanson and seconded by Commr. Bailey to approve the implementation of changes noted this date in family lot split policy 1-1B.5 of the Lake County Comprehensive Plan.

Mr. Wahl, County Manager, stated that there is an item that has come up, being that, in the policy, it talks about the lot split being used by family members for the primary residence. He stated that the County has a situation that has arisen in which a property owner wants to split his property between two children, one of whom wants to build immediately. He stated that the second child had intended to build a home, however, was relocated out of the area. He questioned what will happen to that second parcel of property - will it be sellable, even if they do not build a residence on it.

It was noted that they would have to hold onto the lot for three years and then they could sell it.

Further discussion occurred regarding this issue, at which time Commr. Swartz suggested that the County provide a period of time where they can get a building permit. He stated that the intent is to provide the party with the real use of that property, which is for a primary residence, or for agricultural use. He requested staff to come up with some language concerning this issue and bring it back to the Board at a later date.

The Chairman called for a vote on the motion, which was carried unanimously.

ACCOUNTS ALLOWED/BUDGETS/OFFICE OF TOURISM

Mr. Mike Anderson, Director of Facilities and Capital Improvements, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the Office of Tourism for approval to expend funds, in the estimated amount of $29,000.00, for landscaping, for the Lake County Tourist Development Council Welcome Center.



OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

As requested by Commr. Bailey, the Board postponed action regarding a request to appoint individuals to vacancies on the Lake County Sports Committee until a later date.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Gerber and



carried unanimously, the Board approved the following requests:



Accounts Allowed/County Manager/Purchasing

Request from the County Manager for approval to issue a Blanket Purchase Order to the Tavares Postmaster for the Lake County Mailroom Postage, for Fiscal Year 1993/94, in the amount of $120,000.00.



Purchasing



Request from Purchasing for approval to award the following proposal:



Roberts Printing, Inc./Award Proposal No. P-5-3-15 and issue a Purchase Order for printing 5,000 Lake County Central Park Brochures. Three proposals were received and a selection committee consisting of Pete Wahl, Mike Anderson, Kelly Soucy, Alvin Jackson and Glenn Tyre selected Roberts Printing, Inc. as number one, based on the selection criteria stated in the proposal specifications.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

COMMUNITY SERVICES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Community Services for final approval of the contract between Lake County and the Retired Senior Volunteer Program, which will financially assist the R.S.V.P. Kids on the Block Drug Prevention Program. The Children's Commission budget is $1,028.00 for this program.

ASSESSMENTS/FIRE & EMERGENCY SERVICES/TAX COLLECTOR

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Fire and Emergency Services for the Chairman of the Board of County Commissions to write a letter certifying the assessment rolls for the following assessment: Lake County Municipal Services Taxing Unit for Fire Protection, as of September 15, 1993, and to recertify, if requested by the Tax Collector.

ASSESSMENTS/PUBLIC SERVICES/TAX COLLECTOR

Mr. Jim Stivender, Jr., Director of Public Services, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Services for the Chairman of the Board of County Commissioners to write a letter certifying the assessment rolls for the following assessments: Lake County Solid Waste Municipal Services Benefit Unit; Greater Groves Municipal Services Benefit Unit; and Deer Island Municipal Services Benefit Unit, as of September 15, 1993, and to recertify, if requested by the Tax Collector.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

PUBLIC SERVICES

Mr. Jim Stivender, Jr., Director of Public Services, explained this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Services for authorization to negotiate and award a contract to Hewitt Contracting Company, Inc., low bidder, for the construction of the landfill liner at the Lake County Solid Waste Management Facility (Astatula), Phase IIB; and authorization to transfer, encumber, and expend funds, in the amount of $2,674,240.00, subject to final contract approval by the County Attorney.

REPORTS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried, the Board appointed Mr. David Barth to the Natural Resources Advisory Committee, representing the Development position, as requested by Commr. Gerber.

Commr. Hanson voted "No".



APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board reappointed Ms. Maryella Bowdish to the Lake County Library Board, as a Countywide Representative, Seat 1, for a three-year term, to commence October 1, 1993, as requested by Commr. Gerber.

RECESS & REASSEMBLY

At 10:55 a.m. the Chairman announced that the Board would take a brief recess.

WORKSHOP

PUBLIC SERVICES/ROADS-COUNTY & STATE

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board and discussed the proposed corridor study, known as the Eustis By-Pass. He stated that what has to be done, in this particular case, is see if the improvements, or a corridor, is justified - whether the existing roads are adequate and if they will serve the purpose in the future. He stated that, if they do not, then the by-pass will provide alternates and public hearings will be held to discuss those alternates, so that everyone can be heard during that process. He stated that no alignments are committed to, at this time.

Mr. Stivender stated that the County will go through the same process that the Department of Transportation does, to evaluate the project, and then the impact fees and the Board will make the final decision on whether or not to proceed to the next step of construction, or right-of-way acquisition, on the project. He stated that this request was just to hire the consultants to review corridors, to do the environmental assessment of the area, and to do transportation counts. He stated that all of this will be part of the review process and that, when they hire the consultants, a commissioner, along with the committee, will evaluate each consultant, go through the process, etc.

Commr. Cadwell stated that he wanted to make sure that the City of Eustis and the residents of the city are included in any discussions that are held regarding the by-pass, because there is a perception that the County has already picked a route and that they are not going to look at anything else. He stated that he wants to make sure the County looks at all of its options.

Ms. Pat Mayhill, Development Services Division, City of Eustis, appeared before the Board stating that the City of Eustis supports the Eustis By-Pass and the corridor study and that they would like to be involved in the process as much as possible.

Mr. Elmer Webb, a resident of Eustis, appeared before the Board stating that he was concerned about what is happening in his community. He stated that every time he has gone to the County and tried to find out something about where the route is going to be located, the County has indicated that they do not know anything about it, nor does the City of Eustis. He stated that he was finally able to obtain a copy of a letter, dated November 8, 1990, in which the Mayor of the City of Eustis, Mr. Derryl Benton, addressed the acquisitions for the right-of-way, for the connecting link between SR 44 and CR 44B and CR44A and Estes Road, so he does not believe that the County or the City representatives that he approached did not know where the route was going to be located.

Commr. Swartz stated that, as long as he has been on the Board, there has never been any discussion, decision, or direction regarding the completion of the by-pass, particularly completing it in a specific place. He stated that no one knows where it is going to be, until the corridor study is done and the Board decides where it is going to be, in consultation with the City of Eustis, people that live in the area, and all the other considerations.

Mr. Webb submitted, for the record, a petition containing 150 signatures opposing the proposed routing of the Eustis by-pass via the Estes Road alignment. He stated that, if this project is approved, it will destroy the residential area that he lives in, because it will cut his neighborhood in half and will turn the intersection involved into a commercial corridor.

Commr. Swartz stated that, if the County is going to go out for a Request for Proposal on the corridor study, the Board will, first of all, determine if the by-pass is needed and secondly, identify several different alignments, for any proposed continuation of it. He stated that, when the committee meets to interview the consultants, he would suggest that the residents of the area be present, for input.

Mr. Eugene Gergely, a resident of Eustis, appeared before the Board and questioned whether the County's Planning Department had done any planning for the by-pass, or whether they were going to go along with what the City of Eustis wants. He stated that the County is going to spend money needlessly to by-pass one square mile of property and he does not see any gains in doing so.

Mr. Steve Richey, Attorney, representing a client who he noted had 100 feet of right-of-way extracted from him, at the intersection of CR 44B and SR 44, several years ago, as part of the proposed development, appeared before the Board and noted, for the record, that if the County does not put the by-pass in where they extracted his client's property, then his client would like to get his 100 feet of right-of-way back.

Upon being questioned as to the time frame involved, Mr. Stivender indicated that it would probably be in the Spring or Summer, before the County would even get started in the process, and that the study would probably not take place until later next year.

At this time, Mr. Stivender reviewed the Lake County Road Construction Program for Fiscal Year 1994-98.

The County Transportation Trust (CTT) funded Road Construction Program is based on the program approved by the Board in 1992, however, it has been updated and revised to reflect funding projections and changes in priorities. The Five Year CTT Program totals $10,201,500.00, which includes the proposed 1993/94 program of $3,584,125.00.

The Five Year Road Impact Fee Program totals $14,875,125.00, which includes the proposed 1993/94 program of $2,920,425.00. The updated, revised program was developed, and has been confirmed, by the Road Impact Fee Advisory Committee, which consists of members representing each municipality in Lake County.

Discussion occurred regarding the various projects, at which time Mr. Stivender answered questions from the Board regarding same.

Commr. Hanson stated that her concern is that, in the areas of the County where there are tremendous problems with roads, such as in Districts 2 and 4, she wanted to make sure that those areas get their fair share of the funds. She stated that she feels, at some point, the Board may need to readdress some of the issues of where the monies can be used, because, as the County goes for more of the services, whether it is ambulance services, garbage, etc., those services, technically, are not provided to the citizens that live in those areas and many of those people do not have the money to pave their roads.

Mr. Josh Thomas, Mayor of the City of Mascotte, appeared before the Board stating that his city gets left off of the Road Impact Fee Program list all the time and he does not know why. He referred to the Benefit District 6 list, noting that the County has allocated $800,000.00 to widen and resurface C-565 and he feels there is no reason, whatsoever, to spend that money on C-565. He stated that a road in the City of Mascotte, known as Empire Church Road, is very narrow and he feels that the County should take that $800,000.00 and fix Empire Church Road the way that it should be. He also stated he did not feel that C-33 needed to be widened, as is scheduled to be done, according to the list. He stated that there is another road in the City of Mascotte that needs work done on it and he has been trying for two years to get the work done. He stated that there was no reason why they could not use that $800,000.00 and get the improvements done that he alluded to.

Ms. Shirley Booth, City Clerk, City of Mascotte, appeared before the Board and informed them of what had transpired at a meeting that she had attended, in January of this year, regarding the County's road projects. She stated that she was never informed of any additional meetings regarding same.

Discussion occurred regarding whether or not the cities in the County had been properly notified of meetings regarding the County's Road Program, at which time Commr. Swartz stated that, if the County sends letters to the various municipalities and does not get a response, then staff needs to call and make sure that someone from those municipalities attends the meetings, so they can give input. He stated that staff needs to sit down with representatives from those municipalities that are affected by Benefit District 6 Impact Fees and find out exactly what projects can be done, in those districts, using said monies.

Mr. John Lange, Public Works Director, Town of Lady Lake, appeared before the Board stating that the Dixie Project in the Town of Lady Lake is moving along swiftly and they are very appreciative to the County for doing it.

Mr. Stivender reviewed the Double Surface Treatment Projects list for Fiscal Year 1993/94 to 1995/96, stating that these projects would be done when funding and time permits, with the County's own forces. He stated that the list has been revised, at which time he noted changes that should be made in the list.

A brief discussion occurred regarding the list.

A motion was made by Commr. Hanson and seconded by Commr. Cadwell to approve the proposed 1994-98 Road Program, with the stipulation that a meeting be held between county staff and representatives from those municipalities that are affected by Benefit District 6 Impact Fees, regarding what needs to be done in those areas.

Under discussion, Mr. Stivender stated that, as soon as the State contacts his office about the issue of the transferring of roads, the prioritizing of them, and how it will occur, he will inform the Board.

Mr. Jerry Clutts, a resident of Tavares, appeared before the Board and discussed the Lakeshore Drive widening project, stating that he had met with Mr. Stivender, as well as the City Administrator and the Public Works Director for the City of Tavares, and that there appears to be something wrong with the process of communication, because when he contacted the City Administrator and the Public Works Director for the City of Tavares, they seemed unaware of the project, up to that point.

Mr. Clutts stated that he wished to be informed of any information on that particular road, as it comes up, as he would like to be involved in the process. He stated that what he and Mr. Stivender had previously discussed about what the County plans to do on Lakeshore Drive is not what it indicates in the Road Construction Program, noting that the program indicates that a six foot bike path is going to be constructed and that is not what was discussed.

Mr. Clutts stated that the residents along Lakeshore Drive are not in favor of widening that road, due to increased traffic and speed along the road, as well as a concern about the aesthetics of the road and what widening the road will do to it. He stated that there will be tremendous opposition to the project.

Discussion continued regarding the matter.

The Chairman called for a vote on the motion, which was carried unanimously.

RECESS & REASSEMBLY

At 12:20 p.m. the Chairman announced that the Board would recess until 1:30 p.m. for a public hearing concerning adoption of the first 1993 calendar year Comprehensive Plan amendment.



PUBLIC HEARING

PLANNING & DEVELOPMENT SERVICES/STATE AGENCIES

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board stating that the Department of Community Affairs (DCA) objected to some of the Comprehensive Plan amendments that the County transmitted to them on March 23, 1993. He stated that there was no objection to the Housing Element or the Transportation Element, however, they objected to the amendments that were transmitted concerning the Future Land Use Element, the two being (1) the removal of the Transfer of Development Rights (TDR) process in the urban compact node outside of the Wekiva River Protection Area and (2) the designation of Community Development Block Grant areas being Pine Lakes, Lake Mack and Lake Kathryn.

Mr. Knight stated that their objection to the Wekiva River Protection Area was that there was no data in the analysis to support the amendment. He stated that they did not object to the amendment itself, but that there was no data in the analysis, one way or the other, to support addition, or deletion, of an area. He stated that the County has the choice to either adopt it, this date, or to pull it out. He stated that, if the County adopted it and DCA found it to not be in compliance, then the County would have to address it through a compliance agreement and would have to do a marketing study.

Mr. Knight stated that the other objection was the Community Development Block Grant areas, noting that what DCA objected to was the fact that the County did not identify all the improvements that were to be done in the target areas he alluded to and that the County did not identify the funding source that would fund all the improvements. He stated that they feel, if the County is going to designate the areas that he alluded to as Community Development Block Grant Areas, then the County needs to identify funding for improvements in those areas, and then the CDBG monies would supplant the County's funding. He stated that staff initially put it in as areas to be reviewed for possible CDBG funding and not specifically for site specific improvements, at this point in time. Commr. Hanson stated that she would not be opposed, since all the CDBGs are all in her area, to taking them out, to simplify things, and deal with it at the County level, to keep the County from getting locked into something that DCA may require the County to do, when the County does not have the funds to do it.

Mr. Knight distributed, for the record, a handout containing the following tables: Table 9-5 - Lake County Stormwater Master Plan, Basin Studies Cost Estimate; Table 9-2 - Annual Maintenance Costs; and Table 9-4 - Conceptual Probable Costs for Retrofit Treatment Facilities. He stated that the handout was taken from the 1991 Stormwater Management Needs Assessment and that it is the costs for doing basin plans, or sub-basin subsections, of the Stormwater Management Master Plan and, originally, in the Stormwater Sub-Element, staff had scheduled, in a five year increment, completion of the basin plans, to be completed by 1997. Mr. Knight stated that the amendments state the dates of completion for the Master Plan and that one of the key dates is the one for the Astor area, or the St. Johns River Basin/Sub-Basin, because there is an identified stormwater deficiency. He stated that he would almost guarantee that that would be a compliance issue, if the County did not address the existing deficiencies in stormwater management. He stated that it falls within the St. Johns River Sub-Basin Astor Plan, which he noted is $975,000.00.

Mr. Knight stated that he was told that it would cost $5.1 million to do all the basin plans, to find out how much it is going to cost and what actual treatment facilities would be required. He stated that Table 9-4, contained in the handout he distributed, indicates that the conceptual probable costs for retrofitting the treatment facilities, after the plan is completed, would be $109,550,000.00.

Mr. Knight stated that, in dealing with the other deficiencies, they worked with the Department of Public Services and scheduled the Wolf Branch Road deficiency through County Transportation Trust (CTT) funds and scheduled the Lake Yale bike deficiency through CTT funds, in accordance with Policy 6C-1.1, which he noted does a detailed hydrological and hydraulic evaluation by the end of 1994, and then any improvements that are required in that study would be done the following year.

Mr. Knight stated that the Shockley Heights area was evaluated by staff to see what type of improvements could be done and noted that it is a natural feature. He stated that the land use designated in that area is either the Ocala National Forest, or it has been designated rural, so there is not much land use control that can be done, at this point in time.

Mr. Knight stated that the only thing that can be done is to encourage new houses locating in that subdivision to have special construction on their wells, because there is always going to be a problem, due to it being a natural feature. He stated that there is a possibility of the St. Johns River plugging the vortex, at some point in time, in the future. He stated that the County cannot address the problem, at this time, so he pulled it out, noting that staff will supply DCA with information showing Shockley Heights as a problem area.

Mr. Knight stated that, regarding the Conservation Element, the County stated that they will have completed an analysis of all the programs and costs necessary to develop, administer, and implement the County Environmental Resource Management Plan by the end of 1994, however, DCA objected, because the County stated that they will have completed the analysis, but did not have a completion date for the Environmental Resource Management Plan, nor an implementation time frame. He stated that staff indicated that, within 18 months of completion of the analysis, they would bring it to the Board for approval and that, within six months after approval by the Board, they would adopt a Comprehensive Plan amendment that would re-establish the time frames in the Conservation Element for the completion of conservation related programs. He stated that DCA suggested that it be possibly six months after completion of the analysis. He stated that the County has 18 months after the analysis to adopt the plan and then six months beyond that to amend the Comprehensive Plan and include the completion dates that are scheduled.

Commr. Swartz stated that the initial question would be whether the County believes that by the end of 1994 the committee will have worked its way through the process. He questioned whether there is an interim report that would deal with some of the issues, possibly address the most urgent issues first and leave the others to a later date.

Mr. Jim Barker, Director of Environmental Management Services, responded, stating that staff may be able to get to the first priority items, for the analysis, but, to actually be able to write the plan that goes along with it is very doubtful.

Commr. Swartz questioned the County Attorney, Ms. Lustgarten, as to whether the County could transmit something different than what was transmitted the first time, to which she responded, stating that the County has the ability, in response to the Objections, Recommendations, and Comments (ORC) report, to adopt it, as amended.

Commr. Swartz stated that the County needs to put in a date that is realistic, otherwise, the County is going to be right back doing this again.

It was noted that one of the biggest problems of doing the analysis is the cost involved.

Commr. Swartz stated that one thing that has been positive, not only out of that committee, but working with the Oklawaha River Restoration Group, is that the County is finding places where they can see how other agencies are doing things, so he felt that part of what ought to come out of that committee is for the County to say that they will take some of what the County said it would do and say that they are not going to do that now, because another agency is doing it, and felt that some of that would help defray some of the costs involved.

Commr. Swartz stated that the County will need to identify when they will have something done, noting that it may be the end of 1995. He directed Mr. Knight to include the language "Implementation for this program shall be determined as part of the evaluation of all programs under Policy 7-1.2." to all the places where dates have been taken out.

Mr. Knight stated that some language had been cleaned up, to where it references the Environmental Resource Management Plan throughout. He referred to Page VII-14 of the Conservation Element, stating that, from the transmittal, the only real change to be made would be in Policy 7-2.18: Protection of Public Potable Water Wellfields, noting that the wording "upon completion of adoption" had previously been struck and that it would be added back in, as originally adopted.

Mr. Knight stated that, other than doing some clean-up work in the language, such as changing the word plan to program, or adding Phase I, Phase II, in accordance with the policy, everything is as it was transmitted, in the Conservation Element.

Mr. Knight referred to the Five Year Schedule of Capital Improvements for Category A Facilities, noting that DCA had a problem with the road section and they want a date in the analysis supporting the changes in the solid waste projects. He stated that staff is working with Mr. Ron Roche, Director, Solid Waste Management Division, and getting information from him to support it. He stated that staff has also updated it, to where it is the most recent solid waste schedule by the Solid Waste Division. He stated that they only included the specific capital projects and solid waste schedule and took out all the non-capital projects. He stated that staff will supply DCA with all the support documentation, or justification, as to why such action was taken. Mr. Knight stated that staff amended the Five Year Schedule of Capital Improvements for the Drainage Level of Service (LOS) projects to include Lake Yale Dike CTT funds, Wolf Branch Road improvement CTT funds, and the St. Johns River Basin Study and they have identified the costs of $975,000.00. He stated that staff also indicated that, since the Astor area will be a capital improvement, they would have to wait for the completion of the Master Plan to implement capital improvements.

The Chairman opened the public hearing.

Ms. Cecelia Bonifay, Attorney, representing a number of intervenors and other effected parties involved in this process, appeared before the Board and discussed the Wekiva issue and the fact that she feels it presents a real problem in the Wekiva area, in terms of the handling of Transfer of Development Rights (TDRs). She stated that, if the County takes it out, then they are going to be stuck with it coming up again sometime in 1994 and then, not knowing what is going to happen with the other Comprehensive Plan amendments that are going through and whether or not they get slowed down, that date may or may not be January of 1994, if the Board withdraws it at this time.

Ms. Bonifay discussed the issue of CDBGs, noting that since the Board has taken them out, she did not know what all the legal consequences of that would be, however, noted that other counties have been doing it for 20 years or more. She stated that she agreed with Commr. Hanson in that, if the County writes it into the plan and they do not have a funding source, then the County is bound to fund it, so the County may want to delay that issue, as well. She stated that what that will do to the block grant cycle and the funding cycle and where it puts the County for the next year may mean a real delay to those people who need it the most and that is what a CDBG is, it is for targeting resources to those people who have deficiencies.

Ms. Bonifay stated that it looked to her like the very substantive elements of the amendments are going to be dropped and noted that, what they are finding out is that these plans are for real. She stated that, when the County writes dates in, and they have put in very ambitious work programs, the County is going to have to come up with the funding. She stated that that has been the entire intent of the Comprehensive Growth Management Act - not to have platitudes, but to have work programs. She stated that, when one talks about doing these kinds of engineering analyses on a countywide basis, and with the level of detail that the County has written into the plan, the figure of $190 million dollars that Camp, Dresser & McKee gave would not be lunacy.

Ms. Bonifay stated that she is concerned, because she feels that the CDBG program is a good program and she did not know how the County was going to work it out with DCA. As to the Wekiva issue, she feels that it puts the County right back to square one, which she feels undermines the whole intent of what that urban node was supposed to do. She stated that she was in favor of the amendment, as it was proposed, and did not feel that an additional amendment was needed. She stated that, in reading the transcripts, it was clear to her what the policy intent was. She stated that that was not the way the language was drafted, so the County had to come back and do an amendment, which has put the County back to square one.

Ms. Bonifay stated that the County is either going to have to come up with a data analysis, or respond to DCA's ORC report. She stated that she is concerned, because she feels that it means that now there will not be development of the type that the County would like to see in that urban node, if, in fact, the County is required to develop TDRs. She stated that one TDR transfer took 18 months and there have been no others. She stated that, due to the fact that the TDR was put in, in December of 1989, and the County has had one TDR transfer, it tells her that either the system does not work, or the concept is flawed.

Commr. Hanson agreed with Ms. Bonifay's comments regarding TDRs and noted that she felt there is an impact involved that the Board probably does not really understand. She feels that a lot of it is simple economics - supply and demand, and she feels that it is not going to work, economically.

Further discussion occurred regarding the issue of TDRs, at which time Commr. Hanson stated that she felt the issue could be handled very simply, based on what Ms. Bonifay stated, and questioned whether there was a possibility that she could work with county staff and have it handled in a very low cost manner.

Ms. Bonifay stated that she would be happy to work with county staff, if that is what the Board wants.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Swartz stated that he felt the Board needed some time to look at the stormwater issue, therefore, suggested that the meeting be continued until the Board Meeting of September 21, 1993. He stated that he felt the Board should do something about the $975,000.00, because he felt it was not a realistic figure.

It was the consensus of the Board to postpone the stormwater issue until September 21, 1993.

Commr. Swartz stated that he felt the County needed to look at some options that do not include going to Camp, Dresser & McKee and direct them to do a whole basin study. He feels that staff can come up with a plan for the Drainage LOS Projects that involve the St. Johns River Basin Study, Lake Yale Dike, and Wolf Branch Road.

Commr. Swartz referred to Page VI-C-1 and questioned whether the Board was satisfied with the language pertaining to the Wolf Branch Road, Lake Yale Dike, and Astor area commitments.

It was noted that the Board was satisfied with said language.

Commr. Swartz referred to Policy 7-1.2: Analysis of Environmental Staffing Requirements, on Pages VII-2 and VII-3, and questioned what date the Board wanted to insert, indicating when staff will have the plan completed, so that it can be submitted to DCA, to which Mr. Barker responded, suggesting the year 1995.

Commr. Swartz questioned whether the Board had any objections to inserting the date of 1995, to which they indicated that there were no objections.

Commr. Swartz stated that all of the other changes related to that are just simply making the other policies consistent with what was stated in Policy 7-1.2 and questioned whether the Board had any objections to it, to which they indicated that they did not.

It was the consensus of the Board to take out the CDBGs and address them at a later date, when a target area can be identified.

Discussion occurred regarding the issue of TDRs, at which time Commr. Hanson stated that she felt it was a very important issue and that the County should not just drop it. She stated that she feels it is major, however, the County has already acted as though it was not a requirement. She stated that she feels it can be done, in a rather expedient manner, because what they are really talking about is economics. She stated that she knew of some cases that have been put on hold, because of this issue, and she would hate to see the Board continue to let it go on.

Commr. Cadwell suggested leaving it as is, until the meeting of September 21, 1993, and withdraw it at that point, if the Board is unable to get what they feel is substantial data to send with it.

It was the consensus of the Board to do so.

Mr. Knight was questioned as to whether he had talked with anyone at DCA about this particular issue, to which he responded that he had not, however, noted that he could call them and find out if it would be a compliance issue, or a non-compliance issue.

The County Attorney informed the Board that this meeting would have to be continued to a time-certain, at the Board Meeting of September 21, 1993.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to continue this meeting until the Board Meeting of September 21, 1993, at 1:30 p.m., or as soon thereafter as possible.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:20 p.m.



_______________________________

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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