The Lake County Board of County Commissioners met in regular session on Tuesday, December 5, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Mary Shell, Executive Assistant to BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budgets Department; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
ELECTION OF OFFICERS
Election of Chairman
Commr. Gerber opened the floor for nominations for the position of Chairman of the Board of County Commissioners for 1996.
Commr. Swartz nominated Commr. Welton G. Cadwell as Chairman.
There being no other nominations, Commr. Gerber called for a vote on the nomination, which was carried unanimously by a 5 - 0 vote.
Commr. Gerber turned the Chairmanship over to Commr. Cadwell.
Election of Vice-Chairman
Commr. Cadwell opened the floor for nominations for the position of Vice Chairman of the Board of County Commissioners for 1996.
Commr. Gerber nominated Commr. William "Bill" Good as Vice-Chairman.
There being no other nominations, Commr. Cadwell called for a vote on the nomination, which was carried unanimously by a 5 - 0 vote.
At this time, Commr. Cadwell introduced his family and friends who were present in the audience.
RECESS & REASSEMBLY
At 9:05 a.m., the Chairman announced that the Board would recess for five minutes, and reconvene at 9:10 a.m.
AGENDA UPDATE
Commr. Good requested that discussion on the Land Use Forum Network (LUFNET) process be added to the agenda under Reports.
Ms. Sue Whittle, County Manager, requested to an update on the Enterprise Florida Jobs and Education Partnership Workforce Development Region be added to the agenda under Reports.
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 October 16, 1995 (Special Meeting), as presented.
Regarding the Minutes of October 17, 1995 (Regular Meeting), the following changes were requested:
Page 24, Line 25 - delete "countywide".
Page 26, Line 16 - delete "Veterans of Foreign Wars (VFW) and insert Business and Professional Women (BPW).
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 17, 1995 (Regular Meeting), as amended.
Regarding the Minutes of November 3, 1995 (Special Meeting), the following change was requested:
Page 4, Line 6 - insert - not after "are".
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of November 3, 1995, as amended.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
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: Public Services $5,000
Expense: Transfer - Law Enforcement/
Deputies $5,000
Amendment #: 96-028
Justification: Resolution No. 1995-235 to record revenue received from the Town of Montverde for police services under the provision of the Interlocal Agreement which automatically renewed on October 5, 1995.
2. Fund: General
Department: Constitutional Officer - Sheriff
Revenue: Public Services - Minneola $49,694
Expense: Transfer - Law Enforcement/
Deputies $45,026
Transfer - Law Enforcement/
Operating $ 4,668
Amendment #: 96-029
Justification: Resolution No. 1995-236 to record revenue received from the City of Minneola for police services under the provisions of the contract effective October 1, 1995.
3. Fund: General
Department: Planning & Development
Revenue: Storage Tank Charges $9,748
Expense: General $9,748
Amendment #: 96 - 030
Justification: Resolution No. 1995-237 to record revenue received from the Department of Environmental Protection for Storage Tank System Compliance Verification Program. This resolution repeals 1995-213 which was in error.
B. Transfers:
1. Fund: Solid Waste Management
Department: Solid Waste
From: Contingency $15,000
To: Contractual Services $15,000
Transfer #: 96-032
Justification: Transfer needed from contingency for the amendment approved on August 1, 1995, relating to HDR Engineering performing an inspection and report of the Resource Recovery Facility.
2. Fund: Solid Waste Management
Department: Solid Waste
From: Repair & Maintenance $89,900
To: Machinery & Equipment $89,900
Transfer #: 96-031
Justification: Funds for refurbishing a front loader were budgeted in repair & maintenance and should be in machinery & equipment.
3. Fund: Solid Waste Management
Department: Solid Waste
From: Contingency $8,416
To: Promotional Activities $8,416
Transfer #: 96-026
Justification: Extension of grant needs to be reflected in FY 95/96.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellation, as follows:
NEW
4211-96 Aluma Kraft Awning
4519-96 Ed Kern (Aluminum)
4869-96 Ronald Hagadorn (Swimming Pool Maintenance)
5317-96 David J. Swatkowski (Commercial Swimming Pool)
5379-96 Felix D. Pregasen (Air Conditioning)
5416-96 Martin D. Simpson dba Gulf Electric Company
5417-96 Mac C. Johnson dba Johnson Roofing
5419-96 Cool Breeze of Brevard, Inc.
CANCELLATION
5378-96 Richie L. Evans dba Hardee Roofing
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 Board Support Division of the Clerk's Office.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of revenue Traffic/Criminal Cases, Month ending October 31, 1995. Disbursements made to Board: $144,400.23; Same period last year: $125,632.69.
Municipalities/Ordinances
Request to acknowledge receipt of City of Tavares Annexation Ordinance 95-28, passed and ordained by the City Council of the City of Tavares, Florida on September 13, 1995, amending the boundaries of the City of Tavares by including within the City Limits property generally described as 123 acres north of Dead River Road and west of the Baytree Subdivision; and rezoning the property from County Agriculture and Community Facility District to City PUD.
Municipalities/Ordinances
Request to acknowledge receipt of Town of Lady Lake Ordinance No. 95-02, providing for a Declaration of Town Policy to prohibit discrimination in housing on the basis of sex, marital status, familial status, handicap, or age.
Town of Lady Lake Ordinance No. 95-03, passed and ordained by the Town of Lady Lake Commission on April 17, 1995, approving a Conditional Use Permit for Recreation Plantation.
Town of Lady Lake Ordinance No. 95-05, passed and ordained by the Town of Lady Lake Commission on July 6, 1995, redesignating zoning classification for certain property owned by Russell Douglas, located within the Town Limits of the Town of Lady Lake, Florida.
Town of Lady Lake Ordinance No. 95-06, passed and ordained by the Town of Lady Lake Commission on July 6, 1995, redesignating zoning classification for certain property owned by William Beason, located within the Town Limits of the Town of Lady Lake, Florida.
Town of Lady Lake Ordinance No. 95-08, passed and ordained by the Town of Lady Lake Commission on September 7, 1995, amending Article II of Chapter 8 of the Code of Ordinances entitled, "Occupational License Tax", revising current fees, reclassifying occupations and establishing new rate structures.
Town of Lady Lake Ordinance No. 95-09, passed and ordained by the Town of Lady Lake Commission on October 2, 1995, amending the Town Charter of the Town of Lady Lake, Florida to the City of Lady Lake, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to All Parties and All Other Interested Persons; Docket No. 950985A-TP; In Re: Resolution of Petition(s) to establish nondiscriminatory rates, terms, and conditions for interconnection involving local exchange companies and alternative local exchange companies pursuant to Section 364.162, Florida Statutes. Notice is hereby given that a prehearing conference is to be held on November 20, 1995; and a Public Hearing is to be held on November 30 - December 2, 1995, Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Budgets/Reports
Request to acknowledge receipt of Green Swamp Land Authority's General and Acquisition Balance Sheets; Statement of General Fund Revenues and Appropriation Expenditures; and Schedules of General Fund Accounts Payable and Cash Receipts and Disbursements as of October 31, 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.
Budgets/Meetings
Request to acknowledge receipt of Notice of the North Lake County Hospital District annual meeting to be held on January 9, 1996; North Lake County Hospital District Proposed 1995/96 budget; and North Lake County Hospital District/Independent Special District map received from Leslie A. Blau, Attorney for the Board of Trustees, North Lake County Hospital District.
Accounts Allowed/Bonds
Request for approval of Engagement Letter with Ernst & Young, LLP, for the calculation of arbitrage rebate for $69,615,000, Lake County, Florida, Industrial Development Refunding Revenue Bonds, (NRG/Recovery Group Project), Series 1993A; and authorized proper signature on same.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Customer Service Hearing Before the Florida Public Service Commission, In Re: Application for a rate increase and increase in service availability charges by Southern States Utilities, Inc. for Orange-Osceola Utilities, Inc. in Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, Highlands, Lake, Lee, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia and Washington Counties, Thursday, December 7, 1995, 6 p.m., Ramada Resort, Maingate at the Parkway, Parkway Ballroom, 2900 Parkway Blvd., Kissimmee, FL 34747
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Contracts, Leases & Agreements
Request for approval to execute Change Order No. 3 to the Superior Janitorial Service Contract for Fiscal Year 1995-96 in the amount of $245,337.00.
Fire Protection/Ordinances
Request for approval to advertise an Ordinance renaming the Lake County Fire and Emergency Services Advisory Board, providing for a title, redefining their purpose and duties, providing for amendment to membership, providing for procedures, providing for inclusion in the Lake County code, providing for severability, and providing for an effective date.
County Employees/Human Resources
Request for approval of certificates for employees with one and three years of service.
Request for approval of additional and corrected job classifications as evaluated/classified by David M. Griffith & Associations, Ltd.
Ordinance/Planning/Zoning
Request for approval to record amended Rezoning Ordinance No. 82-91.
Contracts, Leases & Agreements/Roads-County & State
Subdivisions
Request for approval and execution of a Subordination of Encumbrance Agreement between Florida Gas Transmission Company and Lake County for the paving of unnamed East-West road in the Long Acres Subdivision; subject to final review and approval by the County Attorney.
Accounts Allowed/Roads-County & State/Road Projects
Request for approval and execution of Change Order No. 2 to Road Improvement Project No. 7-94 to Lake Griffin Road, Griffin View Drive, French Road, and Richardson Road for design changes on Lake Griffin Road, in the amount of $18,362.50, from the Road Impact Fee Benefit District 3 Fund - Commissioner District 5.
Accounts Allowed/Roads-County & State/Road Projects
Request for approval and execution of Change Order No. 1 to North Buckhill Road/CR-455 and CR-455/SR-19 Intersection Improvement Project No. 5-95 for over-excavation of sub-grade, additional asphalt to build crown, additional lay-out, lay-out modifications and sub-grade modifications, in the amount of $4,413.00, Benefit District 4 - Commissioner District 3.
Deeds
Request for acceptance of Statutory Warranty Deeds and Non-Exclusive Easement Deed, as follows:
STATUTORY WARRANTY:
Doyle E. Comer and Jean Ann Comer
East Lake Seneca #4-6084
Emmett B. Peter, III
Sunnyside Drive #1-4122
John Russell Bryan and Melanie Powers Bryan
C-450
J. Randall Glisson
Grand Island Shores Road #5-6249
South Fish Camp Road #5-6549
D. Graham Payne, Joan S. Payne, David G. Payne, Jr.,
Ann D. Payne, Deborah P. Taylor
C-33
Steven L. Stewart
Wolfbranch Road #4-4583
Lou Ann Hyatt
Crossen Street & Ironwood Avenue
Joseph M. King and Ada L. King
South Grove Street
Robert W. Maxwell
C-42
Pattie Hunt, Robert J. Hunt, Jacqueline Hunt
Micro Racetrack Road #1-6202
Clermont Groves, Inc.
Hancock Road Extension
Fred M. Harpster and Doris Harpster
Ravenswood Road #5-8872 and Dupree Road #5-8871
Douglas Blunt and David Blunt
C-448A
Non-Exclusive Easement Deed:
Emmett B. Peter, III
Sunnyside Drive #1-4122
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 802
Applicant: Marguerite Patellaro
Location: Lot 7, Block "V", South Pine Lakes Subdivision, S8, T18S, R29E
Recommend: Reserve 30 feet from the centerline of Overlook Drive #4-7898C.
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 1591
Applicant: Lynn Loren Lee, Jr., and Pamela Ann Lee, his wife
Location: S32, T21S, R25E, NE of Groveland
Recommend: Release all reservations.
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2510
Applicant: Jerry V. and Donna G. Ornberg
Location: Lots 15, 16, and 17 in Block 45, Mt. Plymouth, Section "A"
Recommend: Reserve 25 feet from the centerline of Sackamaxon Drive #4-4289
Resolutions/Roads-County & State/Signs
Request for approval of Resolution No. 1995-238 authorizing the posting of speed limits on the following roads:
Lynn Circle (#3-4439); Johnson Circle (3-4439B); Riverview Drive (3-4440D); Kelly Circle (3-4440E); Imperial Drive (3-4440B); Terrace Drive (3-4439A); Watts Court (3-4440A); Indiana Avenue (3-4441A); Indiana Avenue (3-4441D); Howard Street (3-4441E); Clayton Street (3-4441F); Magnolia Avenue (3-4440C); Tropical Shores Drive (3-4440), Blanton Avenue (3-4441); Sunset Drive (3-4441B); and Linda Avenue (3-4441C).
Request for approval of Resolution No. 1995-239 authorizing the posting of speed limits on the following roads:
Gladys Lane (3-4356B); Riverside Road (5-5837A); Riverside Court (5-5737A); Grovemont Estates Road (2-1425); Sumter Line Road (1-4800); Oakridge Drive (5-6140); Dawn Drive (5-6139A); Lakewood Drive (5-6139), Harbor Road (5-6039); Keats Drive (5-5940); South Shelley Drive (5-5940A); and Goose Creek Road (5-6039).
Resolutions/Roads-County & State/Signs
Request for approval of Resolution No. 1995-240 to post "No Truck" signs on both ends of Palm Drive (3-3046) in the Astatula area.
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 AMOUNT
SOLID WASTE $160,000.00
Authorization to seek bids for collection, transportation and disposal of hazardous waste. Due to the current contract expiring December 16, 1995, it is also requested that, if the award is to the low responsible bidder, the Chairman is authorized to sign the contract pending the County Attorney's approval and encumber budgeted funds. Funding for this service is from account #420.4562100.537.8300340.
COUNTYWIDE $ 39,000.00
Authorization to seek proposals for lawn maintenance service for Lake County facilities. Sunrise Industries has notified the County that they will no longer be able to provide lawn maintenance service. We will be seeking proposals for lawn maintenance service for the following facilities: Historical Courthouse, Administration Building, Sheriff Administration, Judicial Complex, Solid Waste Administration, Animal Control, Tourist Development, eighteen (18) Parks and four (4) Cemeteries.
The estimated dollar amount of $39,000 does not include the cost for maintenance of the Historical Courthouse, Administration Building, Sheriff Administration, and Judicial Complex. Capital Improvement and the Office of Purchasing will be doing a cost analysis to see what is the most economical and efficient means of providing lawn maintenance service, either by doing it in-house or contracted services. Funding for this service will be from budgeted funds from the various departments requiring lawn maintenance service.
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.
MOSQUITO MANAGEMENT $ 41,800.00
Cheminova, Inc./Authorization to waive bid requirements and sole source the purchase of an estimated 2,000 gallons of Fyfanon, Malathion 95% technical and issue a Blanket Purchase Order within budgeted funds. Cheminova, Inc. is the only American manufacturers of bulk Malathion with the "Mosquito Control Use Only" label. This type of Malathion has worked successfully for Mosquito Management and is one of the cheapest compounds on the market. The Board approved the sole source purchase of Fyfanon for FY 94/95 on November 15, 1994.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
COMMUNITY SERVICES $ 1,500.00
MacMillan-Buchanan Agency for AIG Life Insurance Company/Authorization to extend the original quote one additional year for Special Risk Accident Insurance Policy of $2.50 per every fifty (50) hours of Community Services and encumber budgeted funds. It is also requested that the Chairman sign the Insurance Policy/Application pending the County Attorney's approval. Funding for this service is from account #001.2063100.523.8300490.
Accounts Allowed/Assessments
Request for approval of Satisfaction of Assessment Liens, as follows:
Hilltop Sorrento Subdivision
John H. Butts $5,050.40
Highland Lakes Subdivision
Thomas E. Keithan, Sr., & Clarice D. Keithan $ 340.65
Mt. Plymouth Section A
Billy E. & Betty J. Burton $1,002.97
John R. & Patsy A. Hibbard $1,002.97 John R. & Patsy A. Hibbard $1,002.97
John R. & Patsy A. Hibbard $1,462.31
Theron L. Kennell $1,630.48
Parcel #5 on Property Appraiser Map 4E/12N
Carol & John Peters $5,010.76
Haines Creek Heights
John L. Cochran $1,389.48
Howey Subdivision A
John H. & Thelma McCormick $3,204.90
Lake Eustis Village Subdivision
Gordon M. Veith $ 509.54
Gordon M. Veith $ 509.54
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
At this time, Commr. Cadwell presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five, Ten, Fifteen and Thirty Years of Service
Five Years of Service
James Barker, Jr., Environmental Management Director, Planning and Development/Environmental Management Division
Sandra B. Baum, Executive Secretary, Agricultural Cooperative Extension Service
Leon F. Burton, Environmental Technician I, Solid Waste Management Services/Hazardous Waste Management Division
Kenneth S. Lane, Equipment Operator III, Solid Waste Management Services/Disposal Operations
Ten Years of Service
Catherine S. Spann, Fire Prevention Specialist, Fire and Emergency Services/Fire Rescue
David L. Whitty, Code Inspector, Planning and Development/Code Compliance Services
Fifteen Years of Service
Perry A. Peavy, Landfill Attendant I, Solid Waste Management Services/Support Services Division/Transfer Station
Thirty Years of Service
Michael G. Murphy, Equipment Operator III, Public Services/Maintenance Area II (Minneola)
Presentation of Plaque and Bond to "Employee of the Year - 1995
Charles "Bo" W. Carlton, Area Maintenance Supervisor, Maintenance Area II (Minneola), Department of Public Services
PUBLIC HEARINGS
ORDINANCES/RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Bruce Thorburn, Director of Information Services, appeared before the Board to present a request for approval of an ordinance revising addressing requirements.
Ms. Laura Nichols, Systems Data Base Manager, appeared before the Board to provide a brief overview of the ordinance revising the addressing requirements and to address questions presented by the Board.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present who wished to address the Board, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1995-52, as follows:
AN ORDINANCE REPEALING SECTION 18-101 THROUGH 18-109 OF ARTICLE V, UNIFORM STREET ADDRESSING SYSTEM, OF THE LAKE COUNTY CODE; PROVIDING FOR NEW LANGUAGE FOR ARTICLE V THAT IS PROVIDING FOR RULES TO INCLUDE THE METHODS AND PROCEDURES FOR ADDRESS NUMBERS, STREET NAMES/DESIGNATIONS, STANDARDS FOR NAMING STREETS, PRIVATE STREET NAMING, CHANGING THE NAME OF A ROAD/EASEMENT, ROADWAY AND THOROUGHFARE DESIGNATION DEFINITIONS, POSTING STREET SIGNS, SUBDIVISION, PLAZA AND BUILDING NAMES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVISION FOR AN EFFECTIVE DATE.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Rodney Seigler appeared before the Board during the Citizen Question and Comment Period and introduced members of his family who were present in the audience. He requested that the Board consider a variance to waive the requirement to pull two building permits simultaneously for a family lot split, and permission to pull the second permit at a later date after the first house was completed. He explained that he and his brother were building two homes simultaneously on an eighteen (18) acres parcel by themselves, and it would be impossible for them to complete both homes within a twelve (12) month period.
Commr. Swartz explained that the original tract of land had been split into five (5) parcels, and the Seiglers purchased the property in March 1994. He stated that there was a question of whether or not the criteria for the family lot split had been met, and explained that the density exception for the land use categories were based on land ownership on the effective date of the Comprehensive Plan. He stated that, if the criteria for the family lot split has been met, the Seiglers would have the ability to pull a building permit. He stated that the issue was whether or not the family lot split was the appropriate split based on the Lake County Comprehensive Plan.
Commr. Cadwell suggested that the County Attorney work with the Seiglers to establish their eligibility for a family lot split, and the options available to the Seiglers if they were not eligible for the lot split.
Mr. Sandy Minkoff, County Attorney, explained that the Land Development Regulations conflict with the Comprehensive Plan and do not contain the requirement that the lot had to be a legal lot at the time of the Comprehensive Plan adoption. He explained that family lot splits were only allowed in the Comprehensive Plan for lots that were approved as of the date of the Plan. At this time, the Board directed Mr. Minkoff to meet with the Seigler's, and report back to the Board on December 12, 1995 in regard to this issue.
ADDENDUM NO. 1
OTHER
COMMISSIONERS
Ms. Sue Whittle, County Attorney, presented the request for approval of the 1996 Legislative Package.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Funding to Counties for Criminal Justice/Article V Costs.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Impact to Florida and All Counties if the Federal Medicaid Block Grant Program is Enacted.
Commr. Hanson addressed the Legislative position "State Legislation which Places Unfunded Mandates upon the Counties", and stated that said legislation was on future regulation that the County may place on property, and that it puts the burden back on the County.
Commr. Gerber requested that language be added to the last paragraph, last sentence of the Legislative position, State Legislation which Places Unfunded Mandates upon the Counties, as follows: "mediators for dispute resolution could place another financial undue burden on counties."
Commr. Good made a motion, which was seconded by Commr. Swartz, to approve the following Legislative Position, as written: State Legislation which Places Unfunded Mandates upon the Counties.
Commr. Swartz requested that the last sentence of the above noted Legislative Position be edited, as follows: "Recently enacted legislation, which protects the rights of the property owners and requires reimbursement for "inordinate burden" as well as the legislation which requires mediators for dispute resolution, places an undue financial burden on counties."
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted "No".
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: State Transportation Planning.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Enterprise Florida Jobs and Education Partnership.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Addressing the Need for Affordable Housing in Central Florida.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Partial Year Ad Valorem Tax Assessments.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: State Aid Operating Grant Funding.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following Legislative Position: Library Construction Grants.
Commr. Swartz made a motion, which was seconded by Commr. Good, to approve the following Legislative Position: Statewide Enhanced 9-1-1 Emergency Telephone Number System.
Commr. Gerber requested clarification of the one cent fee on cellular phone use that goes directly to Lake County; at which time Ms. Whittle stated that she would review the one cent fee with Information Services and report back to the Board with her findings.
The Chairman called for a vote on the motion, which carried by a 5 - 0 vote.
MEETINGS
Commr. Cadwell informed the Board that a Board Retreat has been scheduled on Tuesday, January 30, 1996, at 9:00 a.m., at the Highlander Hut in Clermont.
REPORTS
COUNTY ATTORNEY
ORDINANCES/PLANNING
Mr. Sandy Minkoff, County Attorney, presented the request to advertise an ordinance that will repeal Lake County Code, Chapter 9, Article II, Bailiffs, to bring the code into compliance with current practice, eliminating those provisions relating to bailiffs.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to advertise an Ordinance that will repeal Lake County Code, Chapter 9, Article II, Bailiffs, Sections 9-26 through 9-29.
ZONING
Mr. Sandy Minkoff, County Attorney, presented a request for reconsideration of an application for rezoning and waiving the fee for Jessie Lee Perry and Ellen Perry. He explained that Mr. and Mrs. Perry appeared before the Planning and Zoning Commission on October 4, 1995; however, did not understand that they were to appear at the Board of County Commissioners' meeting on October 24, 1995. He stated that the Planning and Zoning Commission recommended approval to rezone from R-6 to R-8 in order to place a mobile home on the property, and the Board denied the request without prejudice. He stated that Mr. and Mrs. Perry could reapply in February, and that the request before the Board at this time was to waive the application fees due to Mr. and Mrs. Perry's misunderstanding.
Commr. Hanson stated that Ms. Paulette Alexander, Mayor of Mount Dora, had contacted her on behalf of Mr. and Mrs. Perry, and she requested that the County Attorney contact the Perry's. She stated that it was the understanding by Mr. and Mrs. Perry that their request for rezoning had been approved at the Planning and Zoning Commission meeting on October 4, 1995.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to waive the fee for the Application for Rezoning for Jessie Lee Perry and Ellen Perry.
RECESS & REASSEMBLY
At 10:00 a.m., the Chairman announced that the Board would recess for fifteen minutes, and reconvene at 10:15 a.m.
REPORTS (CONTINUED)
COMMISSIONER GERBER - DISTRICT NO. 1
MEETINGS
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to add to the agenda, at this time, a request to discuss the January Board of County Commissioners' meeting schedule.
Commr. Gerber brought up for discussion the January Board of County Commissioners' meeting schedule and requested that the January 2, 1995 meeting be changed to January 9, 1995.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to move the January 2, 1995 (Regular Meeting) to January 9, 1995.
COMMISSIONER GOOD - DISTRICT NO. 2
COMMUNICATIONS/PLANNING
Commr. Good brought up for discussion possible ways, other than map production, that the Geographic Information System (GIS) could be used to support local activities such as land planning, zoning, utility management, and permitting. He noted that he was the Liaison to the East Central Florida Regional Planning Council and directed the Board's attention to the geographic information, provided in the backup, from the East Central Florida Regional Planning Council Regional Policy Plan. He explained that the County was seriously reviewing hardware/software and capability of the County systems in communicating within the organization of County government. He explained that the hardware/software costs were often perceived as the major expense in establishing a GIS; however, said costs prove to be only a fraction of the actual costs, and it was estimated that approximately seventy (70) to eight-five (85) percent of a GIS total budget was spent on data acquisition and preparation. He stated that he would like, at some point, to propose a workshop on parcel base mapping and GIS. He explained that a GIS system could be used to determine the location of a property, and he would like the Board to consider the present capability of systems and parcel base mapping systems to determine location, condition, trends, and patterns that were occurring in regional and area planning, and the possibility of GIS system to do modeling.
Commr. Swartz suggested that it may be appropriate to interface a Liaison Commissioner with the Geographic Information System (GIS) review to provide the Board with an in depth understanding of what was being considered when the issue comes before the Board for consideration and approval.
PLANNING
Commr. Good brought up for discussion the Land Use Forum Network, Inc. (LUFNET) process, presented by Mr. Carl Kehde, which was a planning process which involves interested citizens and land owners in the community in an attempt to build consensus in land planning. He stated that Mr. Kehde would function as a facilitator in the voluntary process.
Commr. Hanson stated that she felt very positive speaking with Mr. Kehde and that he had discussed creating communities and not just developing property.
Commr. Good stated that the process allows people to develop a vision of where they would like to see their community grow and that he would like the opportunity to pursue more discussion with the community.
Commr. Gerber stated that Mr. Kehde was suggesting that the County extend an open invitation to the land owners to become involved in a week long process. She stated that Mr. Kehde would be paid $70.00 per hour, for a total of $2,500.00 for the week.
Commr. Swartz suggested that staff prepare a proposal to be brought back to the Board for consideration in regard to negotiating a proposal with Mr. Kehde and the LUFNET process. He noted that the Comprehensive Plan had a requirement that a unified site plan be developed, and this was one approach to accomplishing a unified site plan.
No action was required on this issue.
COMMISSIONER SWARTZ - DISTRICT NO. 3
MEETINGS
Commr. Swartz informed the Board that he was planning a District 3 meeting on December 13, 1995 in regard to the road improvements from Diston Avenue, past Dora Avenue to Cauley Drive in the City of Tavares. He noted that said meeting was not intended as a Townhall Meeting. He stated that he would be inviting residents that live along the road to review plans that have been proposed and to provide input into the process.
ADDENDUM NO. 1
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS/COMMITTEES
Commr. Hanson presented the request for approval of a resolution of appreciation for Mr. Bill Horan and the World War II Commemorative Committee for their year long series of activities and events observing the fiftieth anniversary of the end of World War II. She requested that the late Bill Bond be added to the resolution.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1995-241 expressing appreciation for Mr. Bill Horan, and the World War II Commemorative Committee for their year-long series of activities and events observing the fiftieth anniversary of the end of World War II, and acknowledging the late Bill Bond for his dream of honoring the World War II Veterans.
It was noted that the resolution would be presented on January 9, 1996.
COMMISSIONER CADWELL - DISTRICT NO. 5
RESOLUTIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1995-242, expressing appreciation to Mr. Greg Stubb's for his years of service to Lake County.
It was noted that the resolution would be presented to Mr. Stubbs on January 9, 1996.
COMMISSIONERS
Commr. Cadwell informed the Board that the Liaison Committee appointment list would be prepared and distributed to the Commissioners this week.
At this time, Commr. Cadwell introduced Ms. Marilyn Crotty, University of Central Florida Institute of Government, who was present in the audience.
COUNTY MANAGER
EDUCATION
REPORTS (CONTINUED)
Mr. Alvin Jackson, Economic Development Coordinator, appeared before the Board to discuss the Enterprise Florida Jobs and Education Partnership Workforce Development Region and reported that he and Mr. Chuck Lewis served as moderators at a Lake/Sumter Meeting was held on November 27, 1995 for the purpose of discussing the Jobs and Education Development Workforce Development Region, and the need to arrive at consensus as to what region Lake and Sumter Counties would best fit. He directed the Board's attention to the minutes of the above noted meeting, which had been distributed prior to the start of the meeting this date. He stated that the consensus was eighteen (18) to seven (7) to remain in the Orange-Osceola-Seminole-Lake-Sumter region. He explained that Volusia and Flagler have solidified their region and have provided Lake and Sumter an opportunity to become a sub-region with Volusia and Flagler acting as the administrative arm. He explained that it was the consensus of the committee to bring this issue back to the County Commissions due to resolutions adopted by the County Commissioners supporting seeking a waiver and requesting to remain with the present Volusia-Lake-Flagler Board.
At this time, the Board briefly discussed the position of Lake County, and Commr. Gerber stated that funding for the Private Industry Council (PIC) would no longer be available and that she would prefer to remain with the Volusia-Lake-Flagler Board.
Commr. Good stated that there were many unknowns which do not require immediate action, and expressed his concern with the push to align Lake County in a different direction. He stated that he would ere on the side of caution rather than align Lake County with a regional perspective that may not necessarily serve Lake County's best interest. He stated that he was hesitant to change Lake County's position.
Commr. Hanson stated that she recognizes that it may not be in the best interest for Lake County to remain with the Volusia-Lake-Flagler Board and noted that every thing that Lake County was doing was geared toward the Orlando market.
Commr. Swartz stated that, based on the information that the Board has, the historical involvement with Volusia, Lake and Flagler, and the action that the Board took in light of the uncertainties that exist, and he does not want to reconsider Lake County's position.
No action was required on this issue at this time.
TIMES CERTAIN
WORKSHOP: STUDY ON FAIRGROUNDS/EXPO CENTER
Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board to present a workshop on the Study on the Fairground Exposition Complex. It was noted that a packet of information, which included a booklet prepared by Public Financial Management, Inc. titled "Plan of Finance", a booklet titled "Presentation to Lake County, Florida Expo Complex", and a site plan of the proposed "Lake County Fairground and Exposition Complex", had been distributed prior to the start of the meeting this date. Commr. Good presented to the Deputy Clerk a petition with the names of individuals in support of the new livestock facility. Mr. Anderson introduced individuals present in the audience representing the Lake County Fair Board, 4-H, American Kennel Club, Howey-in-the-Hills, and Tourist Development Council. Mr. Anderson stated that the concept of relocating and expanding the fairgrounds to County property located at S.R. 19/27 began in 1986, at which time, he provided a brief history of events and discussions that have occurred in regard to the Fairground and Exposition Complex up to this date. At this time, he briefly discussed the site plan of the proposed Lake County Fairground and Exposition Complex. He explained that the feasibility study, prepared by Public Financial Management, Inc., has been sponsored in three parts by the Tourist Development Council, the Fair Board, and the Board of County Commissioners. At this time, Mr. Anderson presented a video tape illustrating the proposed Lake County Fairground and Exposition Complex.
Ms. Lavon Wisher, Public Financial Management, Inc, appeared before the Board to submit the survey and feasibility report for the Lake County Fairground and Exposition Complex. She provided a brief summary of the comprehensive report, and explained that the project cost has been reduced to a Phase I cost of $4,219,000 for Lake County. She stated that it was evident that the County's current fairground located near the intersection of State Highway 44 and County Road 452 was in an inadequate location not only for the present activities but for future growth. At this time, Ms. Wisher addressed issues pertaining to demand factors, target markets, economic and fiscal benefits from the events held at the Expo Center, competitors, rental rate structure, comparison of rates, estimated revenues, and a financing plan. She stated that the report outlines a proposal of a Revenue Bond Issue that would pledge the County's gross revenues and explained that the projected gross revenues capitalize interest for a two year construction period that would make the debt, and the revenues received would pay the debt and the net revenues would pay for the operation of the facility. She explained that the least cost and most feasible structure for financing the project would be the issuance of revenue bonds supported by the gross revenues of the project, with a covenant to budget and appropriate for any shortfalls. She recommended that the County develop an overall capital plan that would allow for the consolidation of the County's existing debt that would act as a guide for future projects and financing.
Mr. Anderson stated that the study before the Board at this time has been narrowed to the concept of the Fairground Exposition Complex; however, the current location of the fairgrounds has been looked at for alternative uses, and continues to serve Lake County well as a very successful Farmer's Market. He stated that his recommendation would be to retain the property and continue to use and develop the property into an exceptional Farmer's Market. In response to a question present by Commr. Cadwell, Mr. Anderson stated that the major problem with the current facility was the restriction on the parking facilities due to the constraints imposed on the property by the residential communities that surround the site.
At this time, discussion occurred in regard to the estimated operating revenues and expenses of the proposed Fairground and Exposition Complex, and the low and high range. Commr. Swartz expressed concern that, if the County used the revenue projections, in the best case scenario, the County would be approximately $160,000 per year in debt service that would not be available over and above the available net revenue.
Ms. Melinda Hogan, Extension 4-H Agent, appeared before the Board and stated that her objective was to provide as many opportunities as possible for the youth in Lake County as the coordinator of the 4-H program. She stated that the 4-H program was to teach life skills and develop youth, and livestock shows were a great vehicle, and a powerful motivator for getting youth involved in the 4-H program. She expressed concern that the number of livestock exhibits have increased thirty (30) to fifty (50) percent in the last year.
Mr. Dale Peterson, representing the American Kennel Club, appeared before the Board and distributed a brochure on the Economic Impact of Dog Shows. He invited the Board of County Commissioners to attend a dog show and to make the trophy presentations on January 20-21, 1996 at the Lake County Expo Center. He briefly discussed the significant economic impact of dog shows on the local community.
Mr. Carl Summerall, Secretary of the Lake County Fair Association, appeared before the Board to briefly discuss the rabbit and poultry shows at the fairgrounds. He stated that 1995 was the first year that the youth were only allowed to show one (1) rabbit due to limited space and that Lake County was definitely in need of expansion.
Mr. Happy Norris, Treasurer of Lake County Fair Association, appeared before the Board to express support of a new fairgrounds facility because of the need of expansion of the present facility.
Ms. Betty Dittman, Board of Directors of the Lake County Fair Association, appeared before the Board to discuss the poor condition of the present fairgrounds facilities and the lack of revenue due to said facilities.
Mr. Jack Atchley, Board of Directors of the Lake County Fair Association, and Livestock Superintendent, appeared before the Board to discuss problems with water retention at the current facility when it rains. He stated that the swine exhibitors have grown from 60 exhibitors to 122 exhibitors this year, and there was a need for a larger facility.
Mr. Steve Ward, Tourist Development Council, appeared before the Board and expressed his support of relocating the fairgrounds to the proposed South Lake County site. He requested that the Board recognize the benefit to the local residents, the benefit to the local businesses, and the ability to achieve the projected revenues from the regional, state, and other drawing attractions that the Tourism Development money may be allocated to promote and not to cover shortfalls, capital improvements, or facilities. He stated that the Tourist Development Council would play a prominent roll in the appropriate position of promoting and attracting business to the Fairground and Exposition Complex.
Commr. Hanson stated that it was critical that the County have an overall capital plan. She stated that the County was not only looking at the dollars presented but the potential for an increased tax base, and the increased economic benefit throughout the community. She suggested that consideration be given to contracting the facility and that promotion would also play a major roll.
Ms. Sue Whittle, County Manager, informed the Board that the Five Year Capital Improvement Plan would be available in January and would include all of the County's obligations, how to deal with those obligations, and where the County was going with those obligations.
Commr. Swartz stated that it would be necessary for the County to consider relocation of the current fairground in the future, and that consideration would be given to improvement of the current facility within the context of what the County could afford with projections that could reasonably be expected to meet. He stated that, using the best case scenario presented this date, the proposed Fairground and Exposition Complex would not pay for itself and the Board, as it moves forward, would have to realize what additional revenue would be required to cover the capital improvement side of the equation. He stated that it would be helpful to have information pertaining to what the County could expect for growth in revenue.
Commr. Cadwell stated that he would like a plan outlining the County's options for the current fairground facility and that he would have a better comfort level if the County knew in what direction the County was going with the existing fairground.
Mr. Anderson stated that, at the Board's direction, he would prepare a report on the options available for the existing fairground, and would establish a focus group to expand on said options. He noted that the County has been approached with a number of options for land use and potential sales.
Commr. Cadwell stated that the Board would discuss the financial aspects of this issue at the January 30, 1996 Board Retreat, and it was the consensus of the Board to direct Mr. Anderson to research options available for the existing fairground.
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for a workshop on Ethylene Dibromide Contamination and Permitting Requirements.
TIMES CERTAIN
WORKSHOP: ETHYLENE DIBROMIDE CONTAMINATION AND PERMITTING REQUIREMENTS
Mr. Jim Barker, Jr., Director of Environmental Management, appeared before the Board to present a workshop on Ethylene Dibromide (EDB) Contamination and Permitting Requirements. At this time he introduced Mr. Russell Melling, Director, Lake County Environmental Health, HRS.
Mr. Russell Melling, Director, Lake County Environmental Health, Lake County Public Health Unit, appeared before the Board and stated that in 1983 Ethylene Dibromide (EDB) was found in drinking water wells in parts of Florida, and, since that time, the State has been testing water supplies and providing clean drinking water to those people whose wells are contaminated. He explained that in 1993 the Lake County Public Health Unit tested approximately 350 samples and, in 1995 approximately 500 samples per year were tested. He discussed the Cross-Index by Section/Township/Range for Chapter 62-524, F.A.C. and explained that buffers have been increased from 500 feet to 1,000 feet, and many people who previously tested negative are now in buffer zones with the new definition under Florida Statutes Chapter 62-524. He explained that the regulation established requirements for new well construction and testing and requires a permit from the St. Johns Water Management District if the well was located within a buffer. He further explained that the Water Management District determines what type of well must be constructed, and that Environmental Health was required to do sampling of all new wells for a fee.
Mr. Andy Reich, HRS State Office of Toxicology, appeared before the Board and presented a slide presentation on Ethylene Dibromide (EDB) and discussed the use of EDB as an insecticide to kill insects in fruit, termites, nematodes in the soil, and the effect of EDB on Florida's ground water. He explained that ninety-two (92%) percent of the entire population in Florida derive their drinking water from ground water sources. He discussed the toxicological risk, and the impact of EDB on animals and explained that the animal studies show EDB may cause cancer and birth defects. He further explained that the State of Florida adopted a Maximum Contaminant Level (MCL) of 0.02 parts per billion (ppb) for EDB in drinking water.
Mr. David Vogel, Environmental Programs Administrator, Bureau of Drinking and Groundwater Resources, Department of Environmental Protection, appeared before the Board to discuss the State of Florida Maximum Contaminant Level for EDB in drinking water. He explained that under Chapter 376, the State of Florida has the obligation to provide drinking water where contaminated drinking water was found, and identify where the contaminated areas occur. He stated that 300 positive wells have been identified in Lake County at this time and sampling has averaged approximately thirteen (13%) percent statewide in terms of how many wells were contaminated. At this time, Mr. Vogel discussed the benefits of the legislation addressing EDB contamination. He clarified that the state does not bear the responsibility to remediate and clean up a site if a property owner has not obtain the appropriate permit to drill a well.
Commr. Hanson expressed concern that the Legislature indicated that the problem would be prevented; however, the problem exists, and the cost of the problem was being transferred to the homeowner. She expressed concern that, in Mount Plymouth, there was no provision for water, and the regulation has made lots unsellable because they are unusable. She questioned if there was a possibility of small area studies in areas where EDB has been found.
Commr. Swartz suggested that, if the problem was sufficiently bad in a densely populated area, it may be more feasible to install water systems through grant programs rather than to identify where the contaminated areas were located.
Mr. Jim Frazee, Hydrologist, St. Johns Water Management District, appeared before the Board to address well permitting through the St. Johns Water Management and explained that the delineated areas have not been reduced but have been divided into different drilling criteria zones to deal more with the reality as information becomes available. He stated that the drilling industry was reviewing alternatives to installing less expensive, more efficient wells. He stated that statistics indicate that 60.5 square miles of delineated contaminated area have been identified within Lake County, and forty-seven (47%) percent of all of the delineation in the Water Management District was located in Lake County. He stated that there has been a dramatic increase because of the changes in the delineated areas this year and noted that he has performed over 600 site inspections and permit determinations and less than thirty (30) wells out of those determinations were permitted. He stated that Lake County has been provided a complete set of Delineated Area Maps for review by the industry, and the public and that said maps were also available for review in the Health and Rehabilitative Services office.
RECESS & REASSEMBLY
At 3:40 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 3:50 p.m.
WORKSHOP: ETHYLENE DIBROMIDE CONTAMINATION AND PERMITTING REQUIREMENTS (CONTINUED)
At this time, the Chairman opened the workshop for public comment.
Mr. Ron Phillips, resident of Mt. Plymouth and a member of the Lake County Soil & Conservation District, appeared before the Board and presented questions pertaining to the health hazards of EDB in the water system. He noted that there was no documentation that EDB in the water system was a health hazard to the population in the State of Florida.
Mr. Reich stated that HRS did not make this decision out of context, and HRS were the leaders in the United States in determining a safe level of EDB in ground water. He stated that every state through federal and state regulations have adopted a standard that was remarkably close to the State of Florida's Maximum Contaminant Level of 0.02 parts per billion for EDB in drinking water.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:10 p.m.
___________________________________
RHONDA H. GERBER, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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