The Lake County Board of County Commissioners met in regular session on Tuesday, November 7, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budgets Department; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to add a request for funding, in the amount of $1,000.00, for the World War II Veterans' Day Commemorative on November 11, 1995 to the Agenda under Reports.
Ms. Sue Whittle, County Manager, requested that Tab 20, Item C. (2), Ringhaver Equipment/Authorization to award the low bid and issue a Purchase Order within budgeted funds for Bid #B-2-5-30, Landfill Heavy Equipment, Specification #H5, D#CLGP II Track Type Tractor at a purchase price of $61,446,00; and authorization to reject the original bids for Specification #H1, Water Wagon and Specification #H2, Track Excavator and rebid under revised specifications, be pulled from the purchasing agenda for discussion.
Ms. Whittle requested that Tab 7, approval of additional and corrected job classifications evaluated by David M. Griffith & Associates, Ltd., be pulled from the County Manager's Consent Agenda.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to pull Tab 7, approval of additional and corrected job classifications evaluated by David M. Griffith & Associates, Ltd., from the County Manager's Consent Agenda.
Mr. Sandy Minkoff, County Attorney, stated that Orlando 311, Ltd. has requested that Tab 34, discussion of Developer's Agreement between Lake County and Orlando 311, Ltd., be continued until November 14, 1995 or November 21, 1995.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to continue Tab 34, discussion of Developer's Agreement between Lake County and Orlando 311, Ltd., until November 14, 1995.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of June 8, 1995 (Special Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 5, 1995 (Regular Meeting), as presented.
Regarding the Minutes of October 3, 1995 (Regular Meeting), the following correction was requested:
Page 25, Line 11 - insert for fire.
Commr. Gerber discussed Tab 18, Comprehensive Plan Amendment 1995-2, and stated that staff has indicated that action taken on October 3, 1995 transferred densities off all public resource lands; however, the minutes do not indicate said action was taken. She stated that she has reviewed the tape and suggested that the Commissioners and the County Attorney review said tape to determine if said action was taken.
Mr. Sandy Minkoff, County Attorney, explained that the public resource lands were designated on the Future Land Use Plan Map that was attached to the amendment, which was in essence the act that freed up the density. At this time, extensive discussion occurred in regard to this issue.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to postpone the Minutes of October 3, 1995 (Regular Meeting) until November 14, 1995.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 5, 1995 (Special Meeting), as presented.
Regarding the Minutes of October 10, 1995 (Special Meeting), the following deletion was requested:
Page 8, Line 17 - delete "that deleting the dates from".
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 10, 1995 (Special Meeting), as amended.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 10, 1995 (Townhall Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
Commr. Good requested that Budget Transfer, Item 4, a request from Solid Waste Management to transfer $662,000.00 from Contingency to Equipment, be pulled from the agenda for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of B. Transfers, Item 4:
Accounts Allowed
Request for approval of Budget Transfers and Resolutions from the Finance, Audit and Budgets Department, as follows:
RESOLUTIONS:
1. Fund: General
Department: Constitutional Officer - Sheriff
Revenue: Application Fee - Concealed Weapon $4,880
Expenditure: Fingerprinting $4,880
Transfer #: 95-437 (FY 94/95)
Justification: Resolution No. 1995-218 to record monies received into the General Fund from Concealed Weapons applications.
2. Fund: E911
Department: Information Services
Revenue: Fund Balance $90,000
Expenditure: Professional Services $90,000
Amendment #: 96-012 (FY 95/96)
Justification: Resolution No. 1995-219 to record unanticipated Fund Balance from FY 94/95 due to the E911 ALI project not being completed in FY 94/95. These funds will be used in FY 95/96 for Professional Services per contracted agreement with Hybrid Systems, Inc.
3. Fund: Solid Waste
Department: Solid Waste
Revenue: Hazardous Materials Insp. Grant $24,942
Expenditure: General $24,942
Amendment #: 96-017 (FY 95/96)
Justification: Resolution No. 1995-220 to receive unanticipated revenue from Florida Department of Community Affairs for updating the Hazardous Materials Emergency Plan.
TRANSFERS:
1. Fund: All
Department: Special Reserve - Salary Adjustments
From: Reserves - Salary $96,561
To: Personal Services $96,561
Transfer #: 95-425 (FY 94/95)
Justification: End of year salary transaction to cover merit increases for the second half of year and DMG adjustments.
2. Fund: General
Department: Judiciary - Public Defender
From: Contingency $20,071
To: Public Defender accounts $20,071
Transfer #: 95-434 (FY 94/95)
Justification: Transfer to cover costs incurred by Public Defender's Office in the case State vs. Ware. Balance of FY 94/95 contingency after transfer is $64,149.
3. Fund: Resort/Development Tax
Department: Tourism
From: Special Reserve $9,000
To: Improvements Other Than Buildings $9,000
Transfer #: 96-010 (FY 95/96)
Justification: The BCC approved the establishment of an orange grove at the Welcome Center's property at an estimated cost of $9,000 on 11/4/94. The work is now ready to begin and funds need to be transferred.
5. Fund: Resort/Development Tax
Department: Tourism
From: Special Reserve $50,000
To: Contractual Services $50,000
Transfer #: 96-014(FY 95/96)
Justification: Transfer needed from Special Reserve to join the Orlando Area Sports Commission as approved by the BCC on October 3, 1995.
6. Fund: General
Department: Constitutional Officers - Sheriff
From: Contingency - Corrections $265,000
To: Transfer/Jail - Deputies $265,000
Transfer #: 96-002 (FY 95/96)
Justification: The Sheriff is requesting that the $265,000 from his Contingency - Corrections be transferred into the Corrections' Personal Services Account.
7. Fund: General
Department: Administrative Support
From: Contingency $1,060
To: Other Current Charges $1,060
Transfer #: 96-016 (FY 95/96)
Justification: The Board approved $1,060 to be given to the City of Tavares for the Lake County Sesquicentennial. Transfer from Contingency is required.
Contracts, Leases & Agreements
Request for approval of Execution of Lease Purchase Agreement with ChiCorp Financial Services, Inc.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Andrew Christopher Sauer and Barbara Sauer, Case No. 90-63-CJ, in the amount of $50.00.
Bonds - Contractor
Request for approval of Contractor Bonds, New, and Cancellations, as follows:
NEW
369-96 William B. Bass dba Bill Bass Roofing
1176-97 Abraham Johnson dba Johnson and Montgomery Masonry
1396-97 John C. Dann/Bee Dee Neon Signs, Inc.
1590-96 Ira L. Stokes, Jr./LaMar Stokes Plumbing
1592-96 Dunstan & Son Plumbing Company, Inc.
1696-96 Lowell Keith Vogel Electric
1748-96 Wright Contracting, Inc. (Plumbing)
1761-96 Classic Plumbing, Inc.
2008-96 Rupert L. Evans (Aluminum Contractor)
3010-96 William R. McGuire (Building)
3035-96 Follmar Electric Company, Inc.
4031-96 Harold's Plumbing
4122-96 Ronald L. Hart (Residential)
4172-97 Cecil Rhodes (Heating, Air Conditioning,
Refrigeration & Ventilation)
4184-96 George Shepherd dba George Shepherd, Inc. (Building)
4349-96 Ronald C. Northcutt (Heating, Ventilation, Air
Conditioning)
4372-96 Control Engineering Group, Inc.
4462-96 Acree Air Conditioning, Inc.
4559-96 Rodney Reisman dba Eustis Roofing Company, Inc.
4607-96 Frederick S. Troesch (Plumbing)
4642-96 Robert Gay dba Construction Management Services (Roofing)
4770-96 Bobby Robinson dba Sun Country Aluminum
4831-96 Southern Plumbing of Ocala, Inc.
4892-96 D & M Electrical Services, Inc.
4957-96 Robert D. Burton (Heating and Air Conditioning)
4999-96 Thomas G. Scott, Jr. (Roofer)
5021-96 Randall L. Allen
5034-96 Stephen P. LaPlant dba Chill-Ez Heating & Air
5039-96 Nancy L. Hopkins dba Golden Triangle Air Conditioning & Refrigeration
5136-97 Perry J. Hambrick dba Hambrick's Concrete & Masonry
5189-96 Gregory W. Wright (Aluminum)
5211-96 Ray's Construction & Roofing
5238-96 S & S Electric Company, Inc.
5253-96 Ron Troutman (General)
5302-96 Roger Lee Swoap/Trident Roofing of Florida, Inc.
5338-96 Whiteco Metrocom Division of Whiteco Industries, Inc.
5346-96 Ronald G. Caruthers (Aluminum Installation
Contractor)
5363-96 David Palmer dba Billy's Repair & Pool Service
5370-96 Kenneth Roy Croft dba Croft Electric
5384-96 Darrell A. Randall dba U & R Electric, Inc.
5385-96 Robert House Roofing
5405-96 Ralph L. Drew, Jr.
5411-95 Thomas J. Grayford dba Grayford Electrical
Contracting
5412-96 Elliott Electrical Services, Inc.
5413-96 Harvey H. McGuire dba McGuire Manufacturing Housing Service
5414-96 James Herslebs dba Polo Club Electric
5415-97 G. R. Griffin (General Contractor)
Cancellations:
1874-95 John A. Whitten
5341-95 Lee Edwards
Accounts Allowed
Request for approval 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 Monthly Distribution of Revenue, Traffic/Criminal Cases, Month ending September 30, 1995. Disbursements: $123,418.59. Same period last year: $130,046.60.
State Agencies
Request to acknowledge receipt of Florida Pollution Protection Program 1996-1997 Pre-Application.
State Agencies/Fire Protection/Reports
Request to acknowledge receipt of Florida Department of Agriculture & Consumer Services, Division of Forestry's fire prevention and suppression program annual report.
Budgets/Reports
Request to acknowledge receipt of Green Swamp Land Authority's General and Acquisition Fund Balance Sheets; General Fund Revenues and Appropriation Expenditures; and General Fund Cash Receipts and Disbursements as of September 30, 1995, prepared by Greenlee Kurras Rice & Brown, P.A. in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.
State Agencies/Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission; Notice of Commission Hearing and Prehearing to All Parties and All Other Interested Persons; Docket No. 950737-TP; In Re: Investigation Into Temporary Local Telephone Number Portability Solution to Implement Competition in Local Exchange Telephone Markets. Notice is hereby given that a prehearing conference is to be held on October 9, 1995; and a public hearing is to be held on October 20-21, 1995, Room 148, Betty Easley Conference Center, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to All Parties of Record and All Other Interested Persons; Docket No. 950696-TP; IN RE: Determination of Funding for Universal Service and Carrier of Last Resort Responsibilities. Notice is hereby given that a hearing will be held on October 16-19, 1995, Room 148, Betty Easley Conference Center, Tallahassee, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Tab 7 and Tab 20, C (2):
Community Services/Fairgrounds
Request for approval to co-sponsor the Annual Showcase of Senior Services with the Retired & Senior Volunteer Program on November 17, 1995 at the Lake County Fairgrounds.
Animal Control/Budgets/Resolutions
Request for approval of Resolution No. 1995-221 renaming the Animal Shelter Trust Fund to the Animal Control Sterilization Trust Fund.
Contracts, Leases & Agreements/Fire Protection/Subdivisions
Request for approval and authorization for the Chairman to execute Lease Agreement between Lake County and John C. Natolly and Lynn Natolly, his wife, relating to The Harbor Hills County Fire Station.
County Employees/Human Resources
Request for approval of certificates for employees with one and three years of service.
Communications/Contracts, Leases & Agreements/Resolutions
Request for approval of Resolution No. 1995-222 transferring the Cable Television Franchise between Lake County and Friendship Cable of Florida to Galaxy Telecom, L.P. dba Galaxy Cablevision after signing a Franchise Amendment to the existing Franchise Agreement.
Communications/Contracts, Leases & Agreements
Request for approval and execution of Amendment to the Lake County Cable Television Franchise with Friendship Cable of Florida, Inc. which will provide for four areas of change to the existing agreement.
Accounts Allowed/Bonds/Subdivisions
Request for approval of release of Performance Bond for Highland Lakes Phase III in the amount of $807,405.00 - Commission District 2.
Request for approval of release of Performance Bond for Highland Lakes Phase IV in the amount of $507,270.00 - Commission District 2.
Committees/Contracts, Leases & Agreements/Road Projects
Request for approval of the final ranking and authorization for the Negotiating Committee to proceed with contract negotiation in accordance with the Lake County Purchasing Manual, Section 4, Board of County Commissioners Acquisition of Consultant Professional Services Policy for the Lake Minneola and Lake Minnehaha Bridge Design Project No. 11-95, RPS-2-5-11.
Accounts Allowed/Bonds/Subdivisions
Request for approval to release a Performance Bond, in the amount of $165,000.00; and acceptance of a Maintenance Bond, in the amount of $16,500.00, for Kings Cove Subdivision 7th Addition.
Bonds/Subdivisions
Request for acceptance of Final Plat for Royal Highlands Phase I Subdivision; and a Performance Bond for the remainder of construction including the installation of the hydrant system and landscaping; subject to final review and approval by the County Attorney - Commission District 2.
Resolutions/Roads-County & State
Request for approval and execution of Resolution No. 1995-223 accepting West Griffin Drive (C.R. No. 1-5815C) into the County Road Maintenance System.
Accounts Allowed/Road Projects
Request for approval and execution of Change Order No. 2 to CR-561 Widening and Resurfacing Project No. 6-95 for drainage improvements in the amount of $11,300.00 - Commissioner District 3, Benefit District 2.
Contracts, Leases & Agreements/Road Projects
Request for approval and authorization for the Chairman to execute Developer's Agreement between Peregrine Properties, Inc. and Lake County.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
STATUTORY WARRANTY:
F.C.P. Management Services, Inc.
Florida Avenue #3-2945
F.C.P. Management Services, Inc.
Florida Avenue #3-2945
Pine Island Land Company, Inc.
SR 33
Herman J. Heidrich & Sons
Lake Seneca Road #4-5983
Herman J. Heidrich & Sons
C-439
George Diez, Vivian Diez, Pablo E. Suarez
Thomas Boat Landing Road #5-7940
Preston Land Partners
Hull Road #2-0942
Edward Foxx Bixby, Jr., Trustee
Blossom Lane #1-4834A
Tina A. McRoy and Carol M. Becker
Apshawa Road #2-2035
Florida Power Corporation
SR 50 Frontage Road
Sue K. Bays, Trustee and Raye C. Kanzenbach, Trustee
E. Dewey Robbins Road 2/3-2729
Citrus Valley Road #3-2729A
Orange Blossom Road #3-2831
DRAINAGE EASEMENTS:
Joanne M. Booth
Crossen Street 24-19-25
Charles E. Rankin
Orange Circle, Carlton Village
Hugo Hammond
Orange Circle, Carlton Village
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of Statutory Warranty Deed from Donald Ditlefsen and Pearl Ruth Ditlefsen; and approval for Chairman to execute a Statutory Quit Claim Deed to Donald Ditlefsen and Pearl Ruth Ditlefsen.
Accounts Allowed/Bids/Budgets
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to seek Bids, Proposals and Professional Services.
DIVISION AMOUNTS
Countywide $150,000.00
Authorization to reject Bid #B-4-6-03, Office Supplies and to rebid under revised specifications. The Office of Purchasing has done a detailed analysis of the top three bids and have discovered irregularities in the top two bids. Office Depot and Smith Wilson have many irregularities in their bids. The bid specifications state, "the County may choose to waive any minor irregularity or technicality in bids received". However, due to the discrepancies in the bids received, it would be in the best interest for all parties concerned to reject all bids and rebid under revised specifications. The bid specifications state, "the County reserves the right to reject any or all bids". The issues that we will look at in the bid specifications are:
1) Does the County want any specified brand names or do we want to allow equals?
2) Will we allow vendors to submit small catalogs (under 23,000 items) for the special price items, Part D?
3) If we allow equals for the special price items, do they have to be listed in the catalogs?
4) Do we revise the estimated weight factor stated in the bid specifications?
5) Do we award based on the highest weight factor or lowest net cost or a combination?
6) Do we allow vendors to submit additional clarifying information after the bid opening to assist the County in determining the lowest bid who meets the specifications?
7) Do we allow for irregularities?
We will determine what specifications and requirements are in the best interest to Lake County and rebid the Office Supply Bid under revised specifications. We will hold a pre bid meeting prior to the bid opening so all vendors are fully aware of the bid requirements.
Authorization is also requested to piggyback off Citrus County's Office Supply Bid until Lake County's Bid is awarded. Ernie Morris enterprises is the awarded, low vendor for Citrus County's Bid.
C) Award Bids, and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
PUBLIC SERVICES Maintenance Area I & III $24,198.30
Maintenance Area II $ 9,984.00
Asphalt Productions, Maintenance Area I and III, American Asphalt Maintenance Area II/Authorization to award Bid #B-4-6-01, Asphaltic Concrete and issue Blanket Purchase Orders within budgeted funds for the vendors stated above. It is also requested that we reject the low bid for Maintenance Area I and III from American Asphalt at a cost of $26.00 per ton for Type II and Type III asphaltic concrete due to the distance to the plant and the additional hauling cost. The award recommendation for Maintenance Area I and III is to the second low bid from Asphalt Productions at a cost of $31.17 per ton for Type II and $32.28 per ton for Type III asphaltic concrete. Funding for this is from Account #112.5053200.541.8300530.
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
PUBLIC SERVICES $34,945.00
Southern Environmental Equipment/Authorization to purchase off of Florida State DOT Contract #B-9616 for a Delta 1000 Self Contained Wash Water Filtration System for Fleet Maintenance at $25,960.00; and the construction of the concrete pad at $8,985.00, which includes plumbing, electrical and collection pit. Funding for this is from Account #112.5053200.541.8300630.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
PUBLIC SERVICES $24,920.93
Dyer Riddle, Mills and Precourt, Inc./Authorization for the Chairman to sign an amendment to Dyer, Riddle, Mills and Precourt, Inc.'s County Wide Professional Consulting Service Continuing Contract to include a Traffic Study for City of Eustis and City of Tavares per the terms and conditions of RPS #6-5-13, pending the County Attorney's approval. On September 5, 1995, the Board approved permission to seek quotes for the Traffic Study. The Office of Purchasing quoted the Professional Service per the guidelines of Lake County Procedure LC-13, Acquisition, Selection, Work Assignment and Contract Negotiations, for Continuing Contract for Consulting Services. Award recommendation is based on the overall low price of $24,920.93 for the City of Eustis and City of Tavares Traffic Study. Funding for this service is available from Account #115.5056610.541.8600672.
PLANNING AND DEVELOPMENT $52.000.00
Oklawaha Basin Recreation and Water Authority/Authorization to encumber budgeted funds for the contract with Oklawaha Basin Recreation and Water Authority regarding the joint effort for the GIS Program. The Board approved the contract on September 20, 1994. Funding for this contract is from Account #001.1028300.515.8300340.
FIRE & EMERGENCY SERVICES $500,000.00
Florida Hospital Waterman, Inc./Authorization to encumber budgeted funds for Florida Hospital Waterman Inc.'s contract for Ambulance Services, Emergency Medical Services and Fire/Rescue Dispatching. The Board approved the original contract on February 2, 1994, and the contract expires September 30, 1997. Funding for this is from Account #112.2134120.526.8300340.
Contracts, Leases & Agreements/Municipalities/Solid Waste
Request for approval and execution of renewal of Interlocal Agreement between Lake County and City of Eustis for Monofill Leachate Disposal.
Contracts, Leases & Agreements/Municipalities/Solid Waste
Request for approval and execution of Option to Renew Interlocal Agreement between Lake County and City of Leesburg relating to Ash Monofill Leachate Disposal for the period of October 1, 1995 through September 30, 1995.
Bids/Landfills
Request for approval to advertise and seek bids for the Lady Lake Landfill Closure Construction Projects.
Contracts, Leases & Agreements/State Agencies/Environmental Management
Request for approval and authorization for the Chairman to execute the Agreement between Lake County and the Florida Department of Community Affairs (DCA) for the update of Lake County's Hazardous Materials Emergency Plan; and authorization for the Chairman to execute all financial invoices to DCA for payment.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Office of Tourism
Request for approval for Cramer-Krasselt to provide tourism research study for Lake County, to amend their contract to provide for this service, and to encumber and expend funds, in the amount of $25,000.00; and approval of contract amendment to have Cramer-Krasselt handle the Fiscal Year 1995/96 Tourist Development Council Grant Program, which will be done by advertising, in the amount of $45,000.00.
COUNTY EMPLOYEES/SOLID WASTE
At this time, Ms. Sue Whittle, County Manager, introduced Mr. Donald Post, the new Lake County Solid Waste Director.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
EMPLOYEE AWARDS
At this time, Commr. Gerber presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five and Fifteen Years of Service
Five Years of Service
John M. Bringard, Chief Maintenance Specialist, Facilities and Capital Improvements/Facilities Management Section/Building Maintenance Services
David R. Pedane, Acting Hazardous Waste Management Coordinator, Solid Waste Management Services/Hazardous Waste Management Division
John K. Starcher, Engineering Tech II, Public Services/Engineering Division/Technical Support
Roy T. Weddle, Sign/Striping Tech III, Public Services/Engineering Division/Traffic Safety Services
Fifteen Years of Service
Nicie A. Parks, Risk Management Specialist, Office of Human Resources/Risk Management Section
Perry A. Peavy, Landfill Attendant I, Solid Waste Management Services/Support Services Division/Transfer Station
Presentation of Plaque and Bond to Employee of the Quarter - Fourth Quarter
Dorothy C. Heald, Secretary II, Agricultural Cooperative Extension Service
Presentation of Plaque Acknowledging Retiring Employee with Fourteen Years of Service
Merilyn E. Chiariello, Parts Inventory Specialist, Public Services/Roads Division/Vehicle Maintenance Services
CITIZEN QUESTIONS AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Mr. Steve Onessimo, representing the United National Mud Racers Organization, appeared before the Board to discuss and encourage the Board to support the scheduled mud racing events in Lake County.
It was noted that staff was in the process of reviewing and scheduling an agenda item for the Conditional Use Permit relating to the mud racing events and that the specifics of this issue could not be discussed at this time.
PUBLIC HEARING
CONTRACTS, LEASES & AGREEMENTS/PLANNING
Mr. Bruce Duncan, Assistant County Attorney, informed the Board that a negotiation session was held on October 10, 1995, in regard to the Pringle/Bradshaw Comprehensive Plan Amendment 94-1-1-2, for the purpose of discussing possible resolution of the problems the Department of Community Affairs (DCA) has with said amendment. He explained that the negotiations resulted in five options being presented as viable alternatives for the Board's consideration in settling this issue. He stated that Option One would amend the Comprehensive Plan Amendment back to its original state. He explained that Option Two would require that Lake County enter into an agreement with the DCA, which would allow the Comprehensive Plan Amendment to be approved as submitted, with a statement in the agreement acknowledging the availability of densities stemming from the purchase of public lands by the Water Management District and by the Water Authority. He explained that Option Three would reduce the size of the Comprehensive Plan Amendment by three (300) hundred to four (400) hundred acres. He further explained that Option Four would allow an amendment of Pringle's DRI for the two hundred-seventy (270) acres owned by Pringle and allow him to spread one thousand-five hundred (1,500) units over the lands, which would reduce the density levels. He stated that Option Five, which was already in the process, would require Pringle to submit a new Comprehensive Plan Amendment, which would deal with the two hundred-seventy (270) acres exclusively, to allow Pringle to spread one thousand-five hundred (1,500) units over the existing lands, plus the additional two hundred seventy (270) acres. He stated that Option Five would exclude Bradshaw and provide the option of litigating against the County for the denial of their amendment. He noted that Bradshaw would have the option of filing an amendment at a later date. He stated that all of the options, with the exception of Option One, leaves the County open for possible litigation. He stated that the DCA has indicated that they are considering dismissing their objection to this Comprehensive Plan Amendment, which would essentially effectuate Option One without the County doing anything.
Discussion occurred regarding the options alluded to above. Mr. Duncan explained that Option Two would leave the County the least exposed and would allow the Comprehensive Plan Amendment to go forth as it was originally proposed, acknowledging in the agreement the availability of densities stemming from the purchase of public lands by the St. Johns Water Management District and the Water Authority.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A. representing Charles Bradshaw and Hi-Acres, appeared before the Board and provided a brief history of events that have taken place up to this date. She stated that her client, Mr. Bradshaw, would support Option Two or Option Three, and that Mr. Bradshaw has worked with Lake County in good faith.
Mr. Steve Richey, Attorney, representing Pringle Development, appeared before the Board and discussed the chronology of the Monterey Development of Regional Impact. He stated that the Monterey DRI had been approved in 1988 for one thousand-five hundred (1,500) mobile homes and three hundred (300) recreational vehicles. He stated that the build out phasing was amended in October 1993 to allow for a statutory permitted extension of up to an additional five (5) years. He stated that, in October 1994, a Planned Unit Development amendment was processed through Lake County, which amended the PUD portion of the DRI to allow for the one thousand-five hundred (1,500) mobile homes to be built as conventional construction. He stated that the development order was amended in November 1994 to include two hundred-seventy (270) acres of land, which was present as a part of the DRI, and a site plan providing density on the two hundred-seventy (270) acres was approved at that time. He further stated that, at the time that the action was taken in November 1994, the property was on the Future Land Use Plan Map as suburban, and the action taken by the Board was consistent with said map. At this time, Mr. Richey displayed an exhibit on the monitor illustrating the site plan submitted in 1994, and what was currently in place this date. He discussed the options available to the Board and indicated that his client supports Option 2. He stated that it was his client's understanding that timeliness did not apply to the land that was added to the DRI in November 1994.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
CONTRACTS, LEASES & AGREEMENTS/PLANNING (CONTINUED)
At this time, discussion occurred in regard to the options available to the Board. Commr. Cadwell encouraged the Board to move forward on this issue and stated that he would support Option 2 which verifies the vote that he had cast in support of the Comprehensive Plan; however, noted that he would consider Option 3.
Commr. Swartz stated that there was a clear distinction between the parcels, between the project reviews that have occurred, and the fact that Option 4 offers no transfer of any development rights. He stated that he has consistently stated that the County should not send development units onto properties creating new densities, or higher densities than currently exists. He expressed concern with the issue of going forward and creating more suburban when, at one point, the Board was of the opinion to remove suburban and go through a fair approach to allocating densities where there were real problems. He stated that he would support Option 4.
Commr. Gerber expressed support of Option 5 and expressed concern that Option 4 provides the possibility of litigation from Bradshaw. At this time, discussion occurred in regard to Option 4 and Option 5.
Commr. Hanson stated that it was important that the Board move forward with the option that provides the least possibility of litigation against the County.
Commr. Good expressed concern with the pathway that this project took and stated that, in the future, this process needs to be refined. He stated that he supports Options 1; however, the County has taken steps that preclude him from pursuing Option 1. He stated that he would support Option 4 as the better option; however, he would support Option 5.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve Option 2 to enter into an agreement with the Department of Community Affairs, which would allow the Comprehensive Plan Amendment to be approved as submitted, with a statement in the agreement acknowledging the availability of densities stemming from the purchase of public lands by the St. Johns Water Management District and by the Lake County Water Authority.
The Chairman called for a vote on the motion, which failed by a 2 - 3 vote.
Commr. Gerber, Commr. Good and Commr. Swartz voted "No".
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve Option 3 to allow a new amendment to be submitted which requests an amendment to only those lands owned by the intervening parties; to require an acknowledgement of the available densities; and only those lands requested to be amended by the parties would be included on the map for the amendment.
The Chairman called for a vote on the motion, which failed by a 2 - 3 vote.
Commr. Gerber, Commr. Good and Commr. Swartz voted "No".
Commr. Good made a motion, which was seconded by Commr. Swartz, to approve Option Five to allow Pringle to submit a new Comprehensive Plan Amendment which would deal with the two hundred- seventy (270) acres exclusively; to allow Pringle to spread one thousand-five hundred (1,500) units over the existing lands, plus the additional two hundred-seventy (270) acres; and provide Bradshaw the option of filing an amendment immediately, or at a later date when the development may be more timely.
Mr. Minkoff clarified that Option 5 repeals the two existing Comprehensive Plan Amendments and allows Pringle to file a plan amendment and allows them to file a plan amendment for urban expansion or suburban.
Commr. Cadwell requested that the Board consider Option 4 as a more equitable process than Option 5 or Option 1. He stated that Pringle has the opportunity to submit a Comprehensive Plan Amendment and expressed concern that Bradshaw would not have the same opportunity under the present timeframe.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Cadwell and Commr. Hanson voted "No".
Mr. Minkoff informed the Board that the Department of Community Affairs may be dismissing their appeal which would make the entire discussion moot this date.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Donald Post, Solid Waste Director, appeared before the Board and requested that Tab 32, a request to increase the scope of work for the Design/Build contract with Hunter-Nelson, Inc. to upgrade the specified plastics compactor to an automatic compactor/baler, be postponed. He requested permission to bring back to the Board in one month three (3) options on utilization of the immediate storage facility, and explained that the proposed compactor/baler would lock the County into one methodology that may not be the most suitable for Lake County.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to postpone Tab 32, a request for approval to increase the scope of work for the Design/Build contract with Hunter-Nelson, Inc. to upgrade the specified plastics compactor to an automatic compactor/baler for a net increase to the contract of approximately $27,000.00.
ACCOUNTS ALLOWED/BIDS/BUDGET
Mr. Donald Post, Solid Waste Director, appeared before the Board to present discussion on purchasing agenda, Item C (2) - Ringhaver Equipment/Authorization to award the low bid and issue a Purchase Order within budgeted funds for Bid #B-2-5-30, Landfill Heavy Equipment, Specification #H5, D#CLGP II Track Type Tractor, at a purchase price of $61,446.00; and authorization to reject the original bid for Specification #H1, Water Wagon and Specification #H2, Track Excavator and rebid under revised specifications. He explained that the water tanker would be a poor utilization of the County's monies, and he would propose to rebid for a road water tanker. He further explained that the Track Excavator was not the best piece of equipment for the intended mission and requested that the Board deny the bid for the Track Excavator and rebid for an alternate piece of equipment.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board moved to reject Bid #B-2-5-30 for the #H1 Water Wagon, and #H2, Track Excavator and rebid under revised specifications; and to approve the bid for the #H5, D#CLGPII Track Type Tractor at a price of $61,446.00.
CLERK OF COURTS' CONSENT AGENDA (CONTINUED)
BUDGET TRANSFERS/SOLID WASTE
Commr. Good requested clarification on Budget Transfer, Item 4, a request from Solid Waste Management to transfer $662,000.00 from Contingency to Equipment, which had been pulled from the Clerk of Courts' Consent Agenda.
Mr. Donald Post, Solid Waste Manager, stated that he was not prepared to address the budget transfer alluded to above at this time and would address said issue with the Board at a later date.
Ms. Barbara Lehmann, Chief Deputy Clerk, Finance, Audit, & Budgets Department, explained that the budget transfer was for four (4) pieces of equipment, two of which were on the purchasing agenda this date. She stated that the remaining two would be awarded within the next few months.
It was noted that Budget Transfer, Item 4, a budget transfer in the amount of $662,000.00, had been previously pulled from the Clerk of Court's Consent Agenda and no action was required at this time.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
BUDGETS/COMMITTEES
Commr. Hanson informed the Board that the Lake County World War II Veteran's Day Commemorative would be held on November 11, 1995 and requested the Board's support and approval of funding, in the amount of $1,000.00, to offset the cost of the event.
Mr. Bill Horan, representing the World War II Veteran's Day Commemorative Events Committee, appeared before the Board and explained that Mr. Bill Bond had a dream of honoring the World War II Veterans and that a committee had been established for the purpose of planning a World War II Veteran's Day Commemorative on November 11, 1995. At this time, an Events Program was distributed to the Board for their review, and Mr. Horan briefly discussed funding for the event.
Mr. Steve Richey, representing the World War II Veteran's Day Commemorative Committee, appeared before the Board and explained that the committee has requested a contribution of $1,500.00 from the cities that are directly affected by the activities on the Events Program. He respectfully requested that the Board of County Commissioners assist in funding a short fall to offset the cost and expense of the fire works at Wooten Park on November 11, 1995, in the amount of $1,500.00.
Ms. Sue Whittle, County Manager, informed the Board that the $1,500.00 contribution would be available in the Contingency fund.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to contribute funding, in the amount of $1,500.00, for the Lake County World War II Veteran's Day Commemorative on November 11, 1995.
COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1
COMMITTEES
Commr. Gerber presented a request for acceptance of the report from the Lake County Charter Government Study Committee, and approval to bring back a resolution which would establish a Charter Commission to formulate a proposed charter for presentation to the voters of Lake County. She directed the Board's attention to the Minutes of the former Lake County Charter Government Study Committee, which had been distributed prior to the start of the meeting this date, and briefly discussed said meeting. She stated that the Lake County Charter Government Study Committee was recommending to the Board of County Commission that the Board reconsider the Charter Government Study Committee's original recommendation to form a Charter Commission for the purpose of drafting a charter; and to determine the method in which to educate and present this issue to the general public.
Mr. T. Keith Hall, Lake County Tax Collector, and member of the former Lake County Charter Government Study Committee, appeared before the Board and expressed concern that a great deal of what has been written in the newspaper has been incorrect, and noted several instances of incorrect information. He stated that the public has not shown an interest in a charter form of government which indicates that Lake County was not interested in charter government. He explained that the purpose of his vote for approval of the motion to bring this recommendation to the Board of County Commissioners was to encourage the Board to proceed forward with a charter form of government or put the issue to rest. He stated that he was totally opposed to a charter form of government for Lake County.
Commr. Cadwell expressed concern that moving forward with a charter form of government was an expensive process and that there was no community support for a charter form of government for Lake County. He stated that, to bring forth an issue that could divide the County in the manner in which the Comprehensive Plan process divided the County, would not serve the people of Lake County.
Commr. Hanson stated that it was imperative that the full facts concerning a charter form of government be presented in the education process. She stated that this was not the appropriate time to move forward with a charter form of government; however, at some point, the time would be right. She expressed concern that there was not a "ground swell" of support or a "grass roots" movement to bring the charter issue forward.
Commr. Good stated that as Commissioners they were elected to govern efficiently and that the charter process would produce a more efficient, fair governing process. He stated that he was not prepared, at this time, to support a referendum; however, he was ready to support an ad hoc committee to draft a document to be brought back to the Board to determine if the form of government in place at this time was the best possible form of government for the people of Lake County.
Mr. Robert Moore, Vice Chairman of the former Lake County Charter Government Study Committee, appeared before the Board to address questions presented by the Board.
Mr. Sandy Minkoff, County Attorney, explained that there were two methods of drafting a charter form of government. He explained that a Charter Commission was an independent group to write a charter and said charter would go directly to referendum regardless of the position of the Board. He explained that the utilization of a committee to write a charter would allow the Board to determine whether or not to put said charter on the ballot. He explained that passing a charter form of government by ordinance would also be required to go to referendum.
Commr. Gerber noted that the former Lake County Charter Government Study Committee has expressed no interested in being involved in the educational process because of the monumental task of said process.
Ms. Jean Kaminski, a resident of Lake County, appeared before the Board and stated that this was not the appropriate time to address a charter form of government when Lake County has so many other unresolved issues.
Mr. Tom Wetherington, a member of the former Lake County Charter Government Study Committee, appeared before the Board and clarified that the committee voted to have the Board of County Commissioners reconsider the recommendations of the committee and did not vote to move forward.
Mr. Steve Richey, a resident of Lake County, appeared before the Board and stated that, if the Board was going to take the initiative to go through the charter study and evaluation process, the Board should be held accountable and the money, expenditures, time, and effort of staff that would be expended on said effort was part of the Board's leadership. He expressed support of a committee as the best way to proceed.
Commr. Swartz briefly discussed the recommendations of the former Lake County Charter Government Study Committee and stated that he would support the formation of an ad hoc committee to draft a charter to be brought back to the Board for consideration. He stated that he was doubtful of a Charter Commission simply because of the unknowns with regard to the expenditure of funds that might be involved with a Charter Commission.
Commr. Swartz made a motion, which was seconded by Commr. Good, to form an ad hoc committee to prepare a charter for consideration by this Board, with this Board to decide if it wishes to submit said charter to the voters.
Commr. Swartz requested that the Chairman and staff prepare a draft resolution establishing an ad hoc committee for the purpose of preparing a charter; establishing the membership, and the time frame for the committee to bring back to the Board a draft document for review.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Cadwell and Commr. Hanson voted "No".
ADDENDUM NO. 1
REPORTS
COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1
STATE AGENCIES
Commr. Cadwell requested that the discussion of the request from the Private Industry Council (PIC), for Board of County Commissioner support of the continued alliance of PIC in the Volusia-Lake-Flagler Council, be postponed.
Ms. Sue Whittle, County Manager, informed the Board that meetings would be scheduled prior to November 27, 1995 with representatives present, including a member of the Board of County Commissioners; at which time, decisions would be made and recommendations would be brought back to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to postpone for one week discussion of the request from Private Industry Council (PIC) for Board of County Commissioner support of the continued alliance of PIC in the Volusia-Lake-Flagler Council, and invitation for Sumter County to become a member of the Volusia-Lake-Flagler Private Industry Council.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
ORDINANCES/PLANNING
Mr. Paul Bergmann, Senior Director, Department of Planning & Development Services, appeared before the Board to present discussion on the Wetlands Ordinance Committee recommendations and proposed changes to the existing wetland regulations and permitting programs. He explained that the current procedure does not provide the ability for County staff to enforce the requirement to acquire the necessary permits for wetland activities, and the conditions of the permits after acquisition. He explained that the regulations of the Water Management Districts and the Department of Environmental Protection are comprehensive and, if properly enforced, would improve the protection of wetland resources. At this time, he requested that the Board provide authorization to go to public hearing on the Wetlands Ordinance.
Mr. Jim Barker, Director of Environmental Management, appeared before the Board to address proposed changes to Chapter XII - Hardship Relief, Appeals and Enforcement. He explained that the Committee recommends that an evaluation of the modified program be conducted by the Board or by a Board appointed citizen's committee six (6) months after the adoption of the Land Development Regulations (LDR). He stated that the Committee also recognized that enforcement was only part of a long-term proactive approach to protection of wetland resources and seeks to initiate an alternative program to encourage voluntary compliance in which all participants benefit. He explained that the Committee recommends that a wetlands protection incentive program be developed through the Natural Resource Advisory Committee (NRAC) with a progress report to be provided within six (6) months after the adoption of the Land Development Regulations. He further explained that the Committee also recognized that acquisition of sensitive land programs provide additional protection to the resource; however, because there are numerous acquisition programs, the Committee recommends that the NRAC provide a program which coordinates interagency and interdepartmental land acquisition programs and procedures.
Commr. Swartz questioned if it was the County Manager's appraisal that this additional review and enforcement could be accomplished with the existing staff through the Environmental Enforcement Board and would not result in additional staffing requirements. Ms. Sue Whittle, County Manager, responded that she could not state that this would not result in additional staff.
Commr. Hanson requested that the County Manager do an evaluation to determine if additional staffing would be required.
Commr. Swartz stated that there were some permit requirements where the thresholds of the Water Management Districts require no review, and he would like an evaluation performed by the County Manager, and a chart that indicates areas that are not getting reviewed through the permitting process performed by the Water Management Districts.
Commr. Swartz made a motion, which was seconded by Commr. Good, to direct the County Manager and the County Attorney to review the Wetlands Ordinance Committee recommendations; and bring back to the Board an appraisal of any staffing requirements that may be required, a recommendation with regard to any proposed changes in the Land Development Regulations, and an evaluation of where the Water Management Districts' or other agencies' rules may not cover the existing Lake County Comprehensive Plan requirements.
Commr. Good requested that the appraisal be a matrix which indicates where the overlap may not exist between Water Management review and County review.
The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.
Commr. Hanson was not present for the discussion or vote.
RECESS & REASSEMBLY
At 12:10 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.
PLANNING
Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services, appeared before the Board to present the request for approval of the content and format of a letter to property owners and holders of a Conditional Use Permit. He clarified that Category 3 would need to be modified to make the distinction between the responsibility of the Code Enforcement Board and Environmental Management.
Commr. Swartz requested that the first paragraph, which indicates that the Board of County Commissioners adopted an annual inspection program for all existing and new Conditional Use Permits in Lake County, be expanded to provide the reasons why the Board has chosen to have the annual inspection program.
Discussion occurred in regard to Category I, which addresses Churches, and it was noted that language would be included in the letter to indicate options that were available to the property owner.
Commr. Swartz discussed language which states that a follow up letter would be sent establishing into which category the Conditional Use Permit falls and where to make payment for the annual inspection. He questioned the feasibility of the second letter.
Mr. Greg Stubbs, Director, Land Development Regulations Services, responded that a six (6) month grace period was established to allow for a voluntary revocation and that the letter would be amended to delete the follow up letter.
Commr. Hanson discussed Category 3, Chicken Farms, and stated that Bronson's Chicken Farm, which has been sold, has a $50,000.00 bond as part of the Conditional Use Permit. She questioned if this remained an issue, and requested that staff review this issue.
Commr. Swartz suggested that the letter indicate that, if the property owner did not request a voluntary revocation of the Conditional Use Permit, inspections would begin on a specific date and that the property owner would be notified by letter.
Mr. Stubbs stated that the draft letter before the Board at this time would be rewritten to include the issues discussed this date. He stated that the letter would be sent regular mail, at which time discussion occurred in regard to the appropriate method of mailing said letter to the property owner.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointments of Kyleen Fischer, as Lake County School representative; Robert Westrick, as Lake-Sumter Community College representative; and Ann Dupee, as Lake County League of Cities representative on the Lake County Industrial Development Authority, with terms ending March 10, 1997.
ADDENDUM NO. 1 (CONTINUED)
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Ms. Sue Whittle, County Manager, noted that Ms. Allison Hill-Thall had been removed as a candidate for the appointment to Health and Rehabilitative Services District 13 Health and Human Services Board due to a conflict of interest since Ms. Thall was the administrator of the contract with the Department of Health and Rehabilitative Services.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Donald Ricci to the Health and Rehabilitative Services District 13 Health and Human Services Board to complete Lonnie Strickland's term ending November 1, 1998.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS
Mr. Sandy Minkoff, County Attorney, informed the Board that a Settlement Conference had been scheduled on November 8, 1995 in regard to the Pretty Lake PUD - Gene Langley, which was a Planned Unit Development (PUD) in the Green Swamp Area of Critical State Concern. He explained that DCA was stating that the applicant was entitled to twenty-two (22) dwelling units, and the PUD approved approximately two-hundred and sixty (260) dwelling units. He explained that staff has made an initial determination that there were problems with the vesting and that the Pretty Lake PUD would not be vested, which may be subject to change. He stated that, at some point, the Board would need to take a position prior to mediation of this case in regard to the Pretty Lake PUD previously approved by the Board.
COMMISSION HANSON - DISTRICT NO. 4
COMMITTEES/RESOLUTION
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1995-224 thanking Mr. Joe Shipes for his leadership in the efforts to persuade the Florida Agricultural Museum to move to Lake County.
COMMISSIONERS
At this time, Commr. Hanson expressed her appreciation to Commr. Gerber for her recommendation to form the Lake County Womens' Hall of Fame, and to the Board for approval of her appointment to the Lake County Womens' Hall of Fame.
COMMISSIONER CADWELL - DISTRICT NO. 5
MEETINGS
Commr. Cadwell informed the Board that Leadership Lake County's Lake County Government Day was scheduled on November 8, 1995. He distributed an agenda of events, and extended an invitation to the Board to participate in the activities.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Peter M. Kehde, as the Conservation Group representative on the Lake County Environmental Education Task Force; and the transfer of Bernie Yokel, from the Conservation Group representative to the Private Environmental Consulting Firm representative.
APPOINTMENTS-RESIGNATIONS/STATE AGENCIES
Commr. Gerber informed the Board that the Governor has appointed Mr. Gerald B. Galbreath and Mr. Peter F. Wahl, and reappointed Claude Smoak to the Green Swamp Land Authority.
It was the consensus of the Board to present letters of commendation to Mr. Gerald B. Galbreath and Mr. Peter F. Wahl for their appointments, and to Mr. Claude Smoak for his reappointment to the Green Swamp Land Authority.
RECESS AND REASSEMBLY
At 2:00 p.m., the Chairman announced that the Board would recess and reconvene at 2:30 p.m. for a Times Certain.
TIMES CERTAIN
STATE AGENCIES
Mr. Jim Stivender, Jr., Director of Public Services appeared before the Board to present the status of the Proposed Metropolitan Planning Organization (MPO) and Florida Department of Transportation Work Program and stated that they would be discussing Metropolitan Planning Organizations (MPOs) in general terms. At this time, he introduced Representative Stan Bainter, and representatives from the Department of Transportation, as follows: Ms. Nancy Houston, Ms. Lennon Moore, Mr. Steve Holman, and Mr. Mike Szunyog. He explained that the 1990 census gave Lake County a population of 35,000 in the Golden Triangle area and 35,000 in the Leesburg area and, had the two areas been connected, Lake County would have qualified for MPO funding at that time. He explained that the issue before the Board, at this time, was the direction of Lake County during the next five (5) to ten (10) years in regard to MPO status. He stated that the Department of Transportation was present to discuss how a MPO functions within the whelm of state and federal government.
Mr. Mike Szunyog, Department of Transportation, appeared before the Board and directed the Board's attention to a handout titled Lake County MPO Workshop, dated November 7, 1995, which had been distributed prior to the start of the meeting this date. He discussed what is an MPO; MPO Information; and the purpose, structure, and function of an MPO, as outlined in the handout.
Ms. Lennon Moore, Department of Transportation, appeared before the Board to respond to specific questions that were posed through Ms. Mary Ann Bardon, Transportation Engineer, Public Services Department, as follows:
1) What commitment would the Department of Transportation make to the County as a transitioning MPO? Commitment means some recognition of the County now as a future MPO. Ms. Moore explained that there was no legal or official status known as an emerging or transitioning MPO; however, DOT has offered to provide technical planning assistance to Lake County staff in terms of providing modeling support, organizational information, procedural information, or other information that was pertinent to functioning like a MPO functions.
2) Will there be a commitment of planning funds from the Department of Transportation? Ms. Moore explained that only MPOs are eligible to receive planning funds; however, there has been a request for DOT to provide state money known as "D Funds" to the County to support various planning efforts. She stated that DOT was not in the position to commit to providing "D Funds" at this time.
3) What will be expected of the County if the Department of Transportation recognizes them or makes a commitment as to the emerging status? Ms. Moore explained that, if DOT should provide funding in the future, and the County was structured as a MPO and wants to function as a MPO, Lake County would have to produce the products required of a MPO.
4) Request from Lake County to provide an explanation of funding categories and where they can be spent. Ms. Moore explained that there were over 100 different funding categories, and that Ms. Barton had been provided a list of said categories. At this time, she discussed roll-up categories that were major segments of funding.
5) Who will make up the MPO until they are designated by the Bureau of Census, and can cities be members? She explained that, under Florida Statutes Section 163.01, counties can enter into agreements with any local governmental entity. She stated that the form of said agreement would be structured based on Florida Statutes Chapter 339.175.
6) What are the advantages and disadvantages of being a transitioning MPO? She explained that, once an area was designated as a MPO by the Bureau of Census, said area must be functioning within six (6) months of said designation.
Commr. Gerber welcomed representatives from the Cities of Howey-in-the-Hills, Leesburg, Fruitland Park, Clermont, Eustis, Tavares, Lady Lake, Minneola, Umatilla, and Mount Dora who were present in the audience this date.
Commr. Gerber stated that she has made an informal invitation to Sumter County to join Lake County in the endeavor to become a MPO, and questioned if the Board was interested in pursuing this option.
Commr. Swartz questioned what type of response has been received from the municipalities with regard to going forward in the direction of pursuing MPO status; at which time, Commr. Cadwell stated that he has received positive responses as long as the municipalities receive assurances from the Board.
Mr. Jim Richards, Town of Lady Lake, appeared before the Board and questioned under what scenario, if any, would Lake County receive more federal or state funds by having MPO status; does DOT have final say where funds are spent, and can they overrule MPO priorities; and do all MPOs share in the same funding source as the state and how are allocations figured?
Ms. Moore responded to Mr. Richards' questions and explained that Lake County would receive more funds if Lake County's population reached 200,000. She stated that the law requires that projects appear both in the Transportation Improvement Program (TIP) and the Department of Transportation's work program in order for them to progress forward. She explained that all MPOs share in a funding category called State Transportation Plan funds and those funds are allocated from the federal government to individual states and are further subdivided into state funds. She stated that some funds are distributed based on the results of Needs Assessments, and others are distributed based on statutory formula which was a ratio of gas tax collections and population.
Ms. Nancy Houston, Department of Transportation, appeared before the Board and indicated that the Orlando MPO clearly had an interest in having coordination with Lake County and for Lake County to be a larger part of the Orlando area. She explained that, if Lake County wants to align themselves in the larger Orlando MPO group from a planning standpoint for transportation planning purposes, perhaps Lake County may want to participate more fully with the Orlando MPO over the next several years as they move forward with the decision whether or not Lake County wants to be their own MPO. She stated that the other option was to move forward with looking at forming Lake County's own MPO.
It was the consensus of the Board to move forward and develop a program to have everything in place by the year 2000 after the Bureau of Census designates Lake County's urban service areas.
Mr. Szunyog informed the Board that a public hearing on the tentative Florida Department of Transportation Work Program for the counties of Lake, Orange, Osceola, and Seminole has been scheduled on December 18, 1995, at 4:00 p.m., at the Orange County Administration Building. At this time, Mr. Szunyog directed the Board's attention to the tentative Florida Department of Transportation Work Program for Lake County for Fiscal Year 1996-97, which had been distributed prior to the start of the meeting, and discussed the road projects as outlined in the handout. Mr. Griffey noted that project 5112884 US 17 PD&E from Polk County Line to O'Brien Road should continue past O'Brien Road north to the interchange at the turnpike. Mr. Szunyog stated that an adjustment would be made in the work program.
At this time, discussion occurred in regard to the proposed Western Beltway, and Commr. Hanson expressed concern with S.R. 46 if the Western Beltway was not funded. Ms. Houston explained that the Orlando Metropolitan Planning Organization was in the process of making a final decision on how to treat the Western Beltway in their long range transportation plan. She explained that the Wekiva bridge replacement was the only project that DOT was currently involved in on S.R. 46 and that the bridge replacement has been designed to add a second bridge in the future to make S.R. 46 four lanes. She explained that Seminole County was in the process of working with a developer in the area of S.R. 46 in regard to widening another portion of S.R. 46 between the Wekiva River and I-4.
At this time, Ms. Houston introduced Ms. Sharon Harrison Lee, the new Public Transportation Manager.
RECESS & REASSEMBLY
At 4:10 p.m., the Chairman announced that the Board would recess and reconvene at 5:05 p.m. for a public hearing.
PUBLIC HEARING
PLANNING/ORDINANCES
Mr. Paul Bergmann, Senior Director, Department of Planning & Development Services, appeared before the Board to present the public hearing on an Ordinance Amending the Lake County Land Development Regulations, providing for amendments to Chapter II, Definitions-Selected Definitions Relating to Floodplain Management; and Chapter IX, Development Design and Improvement Standards - Sections 9.07.00 - 9.07.08, Requiring Flood Studies, Allowing Fill in Floodplain, and Providing FEMA Map Amendment Requirements.
Ms. Susan Strum, Planner III, Planning & Development Services, appeared before the Board and stated that, for the record, staff has corrected the scriveners errors, and Exhibit "A", Chapter II, Definitions, includes a footer, as follows: Changes to Note and Selected Definitions Relating to Floodplain Management Only.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Rebecca Jetton, representing the Green Swamp Area of Critical State Concern Program, appeared before the Board to discuss issues of concern in regard to the above noted ordinance. She directed the Board's attention to Page IX-4, Section 9.07.06 (B), and requested that the Board clearly state that, if you have five (5) acres or want to develop fifty (50) lots or more, whichever, is lesser, a detailed flood study would be required in accordance with Federal Emergency Management Agency (FEMA) Booklet No. 37.
Mr. Sandy Minkoff, County Attorney, noted that the language alluded to above was addressed on Page IX-16, D. Site Plan and Subdivision Standards, Item 6.
It was the consensus of the Board not to add language on Page IX-4, Section 9.07.06 (B), as requested by Ms. Jetton.
Ms. Jetton directed the Board's attention to Page IX-7, Section 9.07.08, (A), Item 2, which states that manufactured homes shall be elevated and anchored. She questioned if language was addressed in the ordinance that states that manufactured homes shall be elevated to base flood level as determined by FEMA; at which time Ms. Lori Bailey, Engineer III, Public Services Department, directed the Board's attention to Page IX-9 which addresses said issue.
Ms. Jetton addressed Page IX-7, Section 9.07.06 (A), Item 3, in regard to legally created lots or parcels of land, and expressed concern that said language does not state how or who would certify that the compensatory storage was adequate to offset the fill. Mr. Don Griffey, Director of Engineering, Public Services Department, responded that certification was handled through an administrative approval and inspection process.
Commr. Gerber requested that language be added to Page IX-7, Section 9.07.08, (A), Item 2 to indicate that manufactured homes shall be elevated to eighteen (18) inches above the base flood level. It was the consensus of the Board not to add the above stated language.
Ms. Jetton directed the Board's attention to Page IX-7, Section 9.07.08, (A), Item 3, which states "where buildable area exists out of the flood-prone area, development shall take place in that area or compensating storage shall be provided for all fill placed". She recommended that the Board delete "or compensating storage shall be provided for all fill placed", and add language which states that, to the maximum extent possible, lots in development shall be clustered out of the 100-year floodplain.
Mr. Steve Richey, Attorney, appeared before the Board to address the above noted language and expressed concern that the language addresses lots of record, a minimal economic value in the sense of the economics of making it viable to build. He stated, for the record, that there are reasons to have the lots of record in these particular kind of parcels treated differently.
Commr. Swartz stated that he was inclined, within the limitations of doing it out of the flood-prone area, to allow more flexibility on the existing legally created lots than he was on new subdivision of land and intrusion into the 100-year floodplain.
Ms. Jetton directed the Board's attention to Page IX-16, Section 9.07.08 (D), Item 6, and expressed concern that language did not state that County approval was in accordance with FEMA Booklet 37 and submitted to FEMA.
It was the consensus of the Board to insert after "County approval" in accordance with FEMA Guidelines.
Ms. Jetton requested clarification on language on Page IX-17, Section 9.07.08 (D), Item 8, and suggested that it would be more appropriate to submit during construction rather than at final plat approval all required Federal Emergency Management Agency letters of map amendment, revision, or changes to base flood elevations or floodplain boundaries resulting from development activities. She stated that she could not support the language as written.
Commr. Swartz stated that this issue would be inconsistent with language on Page IX-7, Section 9.07.08, Item 3 where you have existing lots of record as opposed to new development. He stated that, with existing lots of record, the Board needs to be more flexible with requirements, and questioned if the Board wants to continue to allow platted subdivisions in flood-prone areas.
Ms. Jetton suggested that the Board do a density transfer and noted that she had provided language to the Board that transfers development out of the 100-year floodplain.
Commr. Swartz directed the Board's attention to language on Page IX-12, Section 9.07.08, Item 10, which addresses limiting structures within the 25-year floodplain, and requested clarification of said language.
Mr. Minkoff suggested that the Board keep in mind the new Property Rights Act and explained that the Property Rights Act was never intended to stop development in the floodplain; however, was intended to require structures that would not flood, which was why FEMA regulations allow filling if there is compensating storage.
Discussion occurred in regard to language on Page IX-16, Section 9.07.08 (D), Item 3, which states that the natural hydrological character of surface waters shall be maintained, natural water systems shall be promoted in lieu of structural alternatives, and modified systems restored.
Commr. Swartz questioned if language could be created that would put legally created lots on the same basis as new development; to which Mr. Minkoff responded that, in a large subdivision, the wetlands are usually spread throughout the land and often it was impossible to come up with a development plan without filling areas. He encouraged the Board to carefully look at this issue and look at the wetlands that are throughout the County.
Mr. Richey expressed concern with the language addressed in Section 9.07.08, (D) Site Plan and Subdivision Standards and stated that the standards were extremely burdensome.
There being no further public comment, the public hearing portion of the meeting closed.
Ms. Bailey directed that Board's attention to Page IX-11, Section 9.97.08, (M) and requested that the Board delete "above".
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to amend language on Page IX-7, Section 9.07.08, Item 3, as follows: Where buildable area exists out of the flood-prone area, development shall take place in that area. Where a buildable area does not exist outside of the flood prone area, compensating storage shall be provided for all fill placed.
Commr. Good stated, for the record, that the Board should not allow slab on grade construction in the floodplain.
Ms. Bailey stated that, from FEMA's point of view, adding the fill to elevate the land itself was the only way you could eliminate the requirement for flood insurance. She noted that, when you elevate to eighteen (18) inches above the base flood elevation, the insurance rate goes down.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Good voted "No".
At this time, Ms. Bailey provided a brief review of language on Page IX-17, Item 8, and explained that the FEMA review process for development was approximately forty-five (45) days, and where the lay of the land has been changed, the review process could take up to one (1) year.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1995-46, as amended to include changes on Page IX-11 (m) - deleting "above"; and Page IX-16 (6) - inserting in accordance with FEMA Guidelines, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER II, DEFINITIONS - SELECTED DEFINITIONS RELATING TO FLOODPLAIN MANAGEMENT; AND CHAPTER IX, DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS - SECTIONS 9.07.00 - 9.07.08, REQUIRING FLOOD STUDIES, ALLOWING FILL IN FLOODPLAIN, AND PROVIDING FEMA MAP AMENDMENT REQUIREMENTS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
PLANNING/ORDINANCES
Commr. Gerber presented the public hearing on an Ordinance amending the Lake County Land Development Regulations, providing for amendments to Chapter XIV, Administration - Section 14.10.05 Lot Split applications filed prior to May 14, 1995, granting fifteen (15) months to finalize lot splits.
At this time, the Chairman opened the public hearing portion of the meeting.
Mr. Steve Richey, Attorney, appeared before the Board and stated that the ordinance alluded to above provides staff the opportunity to impose all necessary county, state and federal requirements.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1995 - 47, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER XIV, ADMINISTRATION - SECTION 14.10.05 LOT SPLIT APPLICATIONS FILED PRIOR TO MAY 14, 1995, GRANTING FIFTEEN (15) MONTHS FROM MAY 14, 1995 TO FINALIZE LOT SPLITS AND GRANTING AN ADDITIONAL THREE (3) MONTH EXTENSION TO FINALIZE SPLITS ALREADY IN PROGRESS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:40 p.m.
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RHONDA H. GERBER, CHAIRMAN
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JAMES C. WATKINS, CLERK
MSF\BOARDMIN\11-7-95\11-29-95