The Lake County Board of County Commissioners met in regular session on Tuesday, May 21, 1996, 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; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
At this time, it was noted that there were no revisions to the agenda.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Budget Transfers
Request for approval of Budget Transfers and Resolutions from the Office of County Finance, as follows:
A. Transfers:
1. Fund: Sales Tax Capital Projects
Department: Facilities and Capital Improvements
From: Renovations - Historic
Courthouse $200,000
To: Renovations - Jail $200,000
Transfer #: 96-155
Justification: Additional funds are required in order to pay the general contractor for the balance of the fiscal year.
2. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency/Sheriff $10,000
To: Transfer/Law Operating $10,000
Transfer #: 96-164
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $10,000 be transferred to Law Operating.
3. Fund: Affordable Housing
Department: Planning Department/Community Services
From: Grants & Aids $606,256
To: Grants & Aids $606,256
Transfer #: 96-165
Justification: On May 7, 1996 the Board approved the transfer of the Affordable Housing program from the Department of Growth Management to the Department of Community Services. This request is to transfer the remaining funds to a Community Services cost center.
B. Resolutions:
1. Fund: General Fund
Department: Community Services
Revenue: Florida Auto License Plate Fee $ 3,108
Expenditure: Aids to Private Organizations $ 3,108
Transfer #: 96-161
Justification: Resolution No. 1996-81 to receive unanticipated revenue from Division of Cultural Affairs for the purpose of supporting art organizations, programs and activities within Lake County.
2. Fund: General Fund
Department: Fire & Emergency Services
Revenue: Emergency Management Trust
Fund Grant $5,000
Expenditure: General $5,000
Transfer #: 96-163
Justification: Resolution No. 1996-82 to receive unanticipated revenue from Department of Community Affairs for the purpose of developing a Hurricane Family Disaster Planning Notebook.
Bonds - Contractor
Request to acknowledge receipt of Contractor Bonds, New, as follows:
New
1349-96 Thomas M. Hart dba Hart Electric
5459-96 Delta Star Electric, Inc.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of Revenue Traffic/Criminal Cases, Month ending April 30, 1996. Disbursements made to Board: $153,868.58; Same Period last year: $142,506.41.
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Ordinances/Municipalities
Request to acknowledge receipt of City of Clermont Annexation Ordinance 305-M, providing for the annexation of a certain parcel of land contiguous to the present City limits of Clermont, passed and ordained by the Clermont City Council on April 23, 1996.
Ordinances/Municipalities
Request to acknowledge receipt of City of Groveland Annexation Ordinance 96-04-05, providing for the voluntary annexation of a reasonably compact area contiguous with the northwestern boundary of the City of Groveland, passed and adopted by the Groveland City Council on April 15, 1996.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 7, approval and execution of the First Amendment to Agreements between Lake County and the municipalities of Eustis, Fruitland Park, Howey-in-the-Hills, Lady Lake, Leesburg, Montverde, Mount Dora, Tavares and Umatilla and Lake County Cablevision relating to cable television services, and the transfer of the franchise to Comcast Corporation, be pulled from the Consent Agenda and rescheduled on May 28, 1996. She requested that Tab 19, acceptance of Final Plat for Reagan's Run Subdivision, execution of Developer's Agreement between Lake County and Amdev Corporation for maintenance of improvements; acceptance of Irrevocable Letter of Credit for maintenance in the amount of $16,546.29; and approval and execution of a resolution accepting Constance Way (#2-0739A), Kathleen Court (#2-0740A), Kipling Court (#2-0839D), and Reagans Run Drive (#2-0840B) into the County Maintenance System, be pulled from the Consent Agenda and rescheduled on May 28, 1996. She further requested that Tab 20, acceptance of a Warranty Deed from Sawmill Lakes, Inc. and Lakes at Sawmill Homeowners' Association, Inc. to dedicate Carlson Circle to Lake County; acceptance of a Developer's Agreement and a Maintenance Bond in the amount of $11,751.00; and the approval of a resolution accepting Carlson Circle (#2-734B) into the County Road Maintenance System, be pulled from the Consent Agenda and rescheduled on June 4, 1996.
It was the decision of the Board to discuss Tab 7 under the County Manager's Departmental Business this date.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 7, Tab 19, and Tab 20:
Accounts Allowed
Request for approval of payment of monthly Medicaid Hospital bill, in the amount of $24,384.79; and the Medicaid Nursing Home bill, in the amount of $38,243.60, for the month of March 1996.
Accounts Allowed/Contracts, Leases & Agreements/Libraries
Request for approval and execution of End-User Software Site License Agreement between Survey America, Inc. and Lake County for the Lake County Library System; and approval to encumber and expend funds in the amount of $300.00.
Accounts Allowed/Contracts, Leases & Agreements
Fire Protection
Request for approval and execution of Agreement between Lake County and Robert F. Vason, as Trustee for developer, for fire protection impact payment in the amount of $2,000.00.
Education
Request for approval of the Lake County Equal Employment Opportunity Plan; and authorization for the Chairman to execute the Plan and the EEO Certification Letters - Subgrant Recipients for DARE Middle School and Operation Redirect.
Contracts, Leases & Agreements/Subdivisions
Request for acceptance and execution of Developer's Agreement between Lake County and Arrowhead Associates, Limited for the issuance of six building permits for models prior to the acceptance and recordation of the Final Plat - development consists of 156 units in Section 23, Township 22S, Range 26E - Commissioner District 2.
Contracts, Leases & Agreements/Zoning
Request for acceptance and execution of an Agreement between Lake County and Paul and Joanne Clanton for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located on Natures Edge Trail while the conventional home is being built - Commission District 4.
Resolutions
Request for approval and execution of Proclamation No. 1996-83, declaring the week of May 19-25, 1996 as National Public Works Week in Lake County.
Accounts Allowed/Road Projects
Request for approval to encumber and expend additional funds, in the amount of $50,000.00 (to be reimbursed by Orange County) on Purchase Order R-9-95 for the John's Lake Parking Lot Improvement Project No. R-9.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to advertise for bids for Calvin Lee Road (CR #2-0609) and Pine Island Road (CR #565B) Resurfacing Project No. 9-96, at an estimated cost of $172,480.00, from the Transportation Trust Fund - Commissioner District 2.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to advertise for bids for Washington Street Intersection CR-50/#2-1643, Improvement Project No. 10-96, at an estimated cost of $90,000.00, from the Road Impact Fee Benefit District 5 Fund - Commissioner District 2.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to advertise for bids for CR-455 Rebuilding and Resurfacing Project No. 11-96, at an estimated cost of $250,000.00, from the Transportation Trust Fund - Commissioner District 2.
Rights-of-Way, Roads & Easements/Road Closings
Request for approval to advertise Road Vacation Petition No. 805 by Raymond and Betty Richardson to vacate road (Wildwood Street), Lee and Stevens Addition to Lady Lake, Section 20, Township 18, Range 24, Lady Lake area - Commissioner District 5.
Roads-County & State/Municipalities
Request for approval to annex Lakeshore Drive into the City of Tavares from the southerly line of Section 16, Township 19, Range 26, run northeasterly along the center line of Lakeshore Drive to the easterly line of Section 16, Township 19, Range 26, which is also the westerly line of Section 15, Township 19, Range 26, continue northeasterly to the westerly line of the Plat of Hermosa Shores.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/
Subdivisions
Request for acceptance of Final Plat for Park Place on Lake Joanna Third Addition (Phase 4); execution of Developer's Agreement between Lake County and Shamrock Development Corporation of Lake County, Inc. for the construction of improvements; and acceptance of an Irrevocable Letter of Credit for performance in the amount of $330,000.00.
Accounts Allowed/Deeds/Contracts, Leases & Agreements/
Subdivisions
Request for acceptance of Final Plat and Statutory Conservation Easement Deed for Park Place on Lake Joanna Second Addition (Phase 3); execution of Developer's Agreement between Lake County and Shamrock Development of Lake County, Inc. for construction and improvements; and acceptance of an Irrevocable Letter of Credit for performance in the amount of $297,000.00.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Statutory Warranty Deeds:
Virginia N. Etheridge
Donald R. Lewellen
Wendell G. Lewellen, Jr.
William R. Lewellen
Billie N. Nimnicht, Jr.
Edward A. Nimnicht, II
Barbara N. Williams
Elizabeth N. Rea
Margaret N. Lorren
Bernard J. McCabe, Jr.
Virginia McCabe Pounds
East Dewey Robbins #2/3-2729
Walter E. Hyneck and J. Chloe Hyneck
Lake Seneca #4-5983
Larry R. Meeks and Katherine L. Meeks
East Lake Seneca #4-6084
Leslie Warnock and Barbara Dusold
Whitney Road #1-4603
Henry and Ruth Kielbasa
Blue Heron Way #5-6043
Anthony and Sybil Myers
Tuscanooga Road #2-2005
Mini Property Investments
C-561
Walter J. Kohler, Trustee
Lake Seneca #4-5983
Michael P. Halpin and Linda A. Halpin
Lake Seneca #4-5983
Hershel Dalton Cleghorn and Rosalind B. Cleghorn
Lake Burns #5-7575
Robert K. O'Neal and Patricia A. O'Neal
Lake Burns #5-7575
City of Leesburg
Bay Avenue #2-3108
G.M. Fletcher and L.E. Fletcher
East Dewey Robbins #2/3-2729
Non-Exclusive Easement Deeds:
Thomas W. Merritt and Estelle Merritt
Loop Road
Hazel Lou Johnson
Virginia Avenue
Georgeanne Greenstein and Carol S. Rose
Treasure Island Road #1/5-5726
Quit Claim Deed:
Georgeanne Greenstein and Carol S. Rose
Treasure Island Road #1/5-5726
Accounts Allowed/Bids/Purchasing
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
PUBLIC SERVICES $47,941.00
Baker Equipment Engineering Company/Authorization to waive bid requirements and piggyback awarded contract for the City of Rahway, New Jersey, for one each Versalift Model #VO-55 Aerial Tower. Funding for this will be from Account #112.5053200.541.8600640.
SOLID WASTE $100,000.00
Authorization to seek proposals for the construction of ground water monitoring wells. It is also requested that, if the award is to the most responsive, responsible vendor, the Chairman is authorized to sign the contract pending the County Attorney's approval and encumber within budgeted funds. Funding for this will be from Account #421.4546550.534.8300340.
Accounts Allowed/Assessments
Request for approval and execution of Satisfaction of Assessment Liens for the following road assessments:
Haines Creek Heights
Constance Kay Kasey $1,653.49
Plat of Mount Plymouth
Grace Portman $923.75
South Pine Lakes Subdivision
Rebecca Collier & William Smith $871.70
James C. Collins $1,071.00
William E. & Barbara S. Sanders $2,562.97
Sorrento Acres Lot 11
Deborah R. Anderson $2,745.23
St. John's Waterfront Estates
Lawrence H. & Jean L. Tragesser $1,690.31
ADDENDUM NO. 1
REPORTS/COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented the request for approval to appeal to the Florida Supreme Court the Fifth District Court of Appeal's opinion in the case of Water Oak Management Corporation v. Lake County. He noted that Mr. Greg Stewart, representing Nabors, Giblin & Nickerson, was present in the audience to address questions presented by the Board.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to appeal to the Florida Supreme Court the Fifth District Court of Appeal's opinion in the case of Water Oak Management Corporation v. Lake County.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to investigate the possibility of filing an amicus curiae brief on behalf of Lake County in a case pending before the Florida Supreme Court involving Madison County in regard to a refund after a Special Assessment Ordinance was declared invalid.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
TIMES CERTAIN
REPORTS
Mr. Don Ricci, Vice Chairman, Lake County Citizens' Commission for Children, appeared before the Board to present the Lake County Citizens' Commission for Children Coordinator's Report for 1995. He directed the Board's attention to the 1995 Annual Report, which had been distributed prior to the start of the meeting this date, and stated that their primary emphases continues to be prevention and early intervention as well as collaboration and coordination of programs for children and families. He stated that it was the goal of the Children's Commission to identify gaps in services to children and to strive to find ways to provide those services.
Ms. Charlotte Lehner, a member of the Lake County Citizens' Commission for Children, appeared before the Board and stated that the Annual Report addresses the endeavors, and the successes of the Childrens' Commission under the leadership of Ms. Joan Brown, Chairman, and the direction of Ms. Hillary Knepper, Childrens' Coordinator. She stated that the Childrens' Commission only addresses childrens' issues in an objective, professional, business like manner, and have maintained a strong sense of physical responsibility to the public. She stated that the Annual Report provides a measure of goals that were set, and goals that were achieved, plus new goals that the Childrens' Commission expects to pursue. She stated that the well being of our children will determine the well being of our County.
Ms. Hillary Knepper, Childrens' Coordinator, appeared before the Board and directed the Board's attention to the Lake County Citizens' Commission for Children 1995 Annual Report. She briefly discussed Lake County's Report Card on the Status of Children, Coordination/Collaboration Activities, Long-Range Planning for Children and Families in Lake County, Legislative Platform, and Lake County Age Survey Results.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Citizens' Commission for Children 1995 Annual Report.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board during the Citizen Question and Comment Period.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1996-85, appointing Michael E. Turner, as a representative from the category of Owner/Operator Collecting Resort Tax, to serve on the Lake County Tourist Development Council to complete an unexpired term ending December 1, 1996.
REPORTS (CONTINUED)
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS
Mr. Sandy Minkoff, County Attorney, presented the Agreement between Lake County and Southlake Development Group for fire impact fees.
Commr. Good declared a Conflict of Interest and stated that he was a member of the Board for the South Lake Development Foundation.
Mr. Minkoff explained that Southlake Development Group owes Lake County $55,118.00 for fire impact fees that were inadvertently not paid by the developer at the time of building permit approval for the first phase. He further explained that an agreement has been reached wherein the Developer would pay Lake County an additional $100.00 for each new single or multiple family dwelling unit for which a building permit was obtained and that the $100.00 would be credited toward the $55,118.00 arrearage due to Lake County.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of the Agreement between Lake County and Southlake Development Group for fire impact fees.
Commr. Good abstained from the discussion and vote.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY/
PLANNING
Mr. Sandy Minkoff, County Attorney, presented a request for approval of a Settlement Agreement between Lake County and A.E. Langley, and explained that the property in question had originally been granted a Planned Unit Development (PUD), which would allow 268 single family units. He stated that Lake County issued a vested rights determination, dated December 15, 1995, that denied vested rights with respect to both statutory vesting and common law vesting. He stated that a special master proceeding was held on April 25, 1996, at which time the parties reached a settlement. He explained that the Settlement Agreement reduces the density to a maximum of sixty-four (64) residential lots for the construction of conventional homes, and that the County agreed to allow the development to occur without County standard paved roads and to waive the requirement that a full plat be recorded and allow the process to go through as a lot split.
It was noted that Mr. Mark Knight, Senior Planner, Planning and Development Services Division, and Ms. Sharon Farrell, Senior Director, Department of Growth Management, were present to discuss this issue with the Board.
COMMISSIONERS
At this time, the Chairman, Commr. Cadwell, passed the gavel to the Vice Chairman, Commr. Good.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY/ PLANNING (CONTINUED)
Commr. Swartz expressed concern that the Settlement Agreement, allowing sixty-four (64) residential lots to be accessed by a clay road designed and constructed to County standards and maintained by a homeowner's association, would create a substandard subdivision without infrastructure. He further expressed concern that the agreement would also allow the development to be approved by an administrative subdivision and that formal platting of the property would not be required.
Mr. Minkoff explained that staff choose to meet the density requirements of the Lake County Comprehensive Plan because the development in question was located in the Green Swamp Area of Critical State Concern, rather than meet the public improvement requirements of the Land Development Regulations. He stated that the density issue was of prime importance in terms of the administrative subdivision rather than platting. He stated that the developer has indicated that some form of pavement would be constructed in the development. He stated that, during the second phase of the arbitration proceeding, additional offers may be made by the developer which would be brought back to the Board for review and approval.
Commr. Hanson stated that she would prefer a PUD (Planned Unit Development) with clusters and paved roads rather than a substandard subdivision.
Mr. Minkoff explained that Nancy and Kris Ector (Neff) and Jim and Marie Mackey, adjacent property owners, participated in the Settlement Agreement and that the developer has agreed to give legal access to the property owners. He explained that the concession for conventional homes, with a minimum living area of 1,200 square feet, was at the suggestion of the adjacent property owners, and that this property would be eligible for mobile home development under the Lake County Comprehensive Plan.
Commr. Good stated that he would support less units with less infrastructure.
Commr. Swartz stated that he would support this request with the inclusion that all property owners be members of the homeowners' association, and the homeowners' association be provided the statutory ability to convey the rights-of-way should the County and the association desire to have said rights-of-way for future improvements.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried by a 3 - 1 vote, the Board approved the request for approval and execution of the Settlement Agreement between Lake County and A.E. Langley.
Commr. Hanson voted "No".
Commr. Cadwell was not present for the discussion or vote.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY/ PLANNING
Mr. Sandy Minkoff, County Attorney, presented a request for approval of the First Amendment to Agreement between Lake County and Henry Jr. Richter, M.D. and Health First of Lake County, Inc. for correctional medical services, and explained that this agreement extends the terms and conditions of the current Correctional Medical Health Services Agreement to September 30, 1996.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved a request for approval and execution of the First Amendment to Agreement between Lake County and Henry Jr. Richter, M.D. and Health First of Lake County, Inc. for correctional medical services.
Commr. Cadwell was not present for the discussion or vote.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
Mr. Bruce Thorburn, Information Services Director, appeared before the Board to present the request for approval of the First Amendment to the Lake County Cablevision Franchise, and the transfer of the Cable Television Franchise from Lake County Cablevision, a Scripps Howard subsidiary, to Comcast Corporation. He requested that the Board vote on the transfer of the franchise this date, and defer the First Amendment to Agreements until May 28, 1996.
Discussion occurred in regard to the First Amendment to Agreements between Lake County and the municipalities of Eustis, Fruitland Park, Howey-in-the-Hills, Lady Lake, Leesburg, Montverde, Mount Dora, Tavares, and Umatilla and Lake County Cablevision; at which time Mr. Thorburn explained that the County had previously entered into interlocal agreements with the municipalities for the Board to act on the cities' behalf in all cable television matters countywide; therefore, the Board had the authority to exercise the whole agenda item this date.
Mr. Sandy Minkoff, County Attorney, stated that one alternative for consideration would be for the Board to approve the agreement contingent upon the municipalities accepting said agreement, and if the municipalities did not accept the agreement, the agreement would be brought back to the Board. He noted that the agreement in question would terminate October 1, 1996 or at the time that a new Cable Franchise Agreement was fully executed.
Mr. Thorburn explained that the agreement changes the franchise fees to be collected from customers from three (3%) percent to five (5%) percent.
Mr. Phil Yapkowitz, General Manager, Lake County Cablevision, appeared before the Board and explained that Steven Crawford, Senior Vice President of Scripps Howard Cable Company, has executed the amendment. He stated that there were no changes in the amendment with the exception of the franchise fee being changed from three (3%) percent to five (5%) percent, and explained that, with the extension of the franchise, which expired in April 1996, the County would be allowed the five (5%) percent because the FCC has allowed said increase.
Mr. Minkoff stated that language in Section 3. Franchise Fees could be modified to indicate that the municipalities had the option to remain at three (3%) percent in lieu of five (5%) percent.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of the First Amendment to Agreements between Lake County and the municipalities of Eustis, Fruitland Park, Howey-in-the-Hills, Lady Lake, Leesburg, Montverde, Mount Dora, Tavares, and Umatilla and Lake County Cablevision relating to cable television services, as amended to indicate in Section 3. Franchise Fees, that the municipalities had the ability to remain at three (3%) percent in lieu of five (5%) percent; and approved authorization to transfer the Cable Television Franchise from Lake County Cablevision to Comcast Corporation subsequent to necessary documents being executed; and approval of Resolution No. 1996-87, providing for authorization to transfer the Cable Television Franchise and the Cable Television System operating thereunder to Comcast Corporation.
Commr. Cadwell was not present for the discussion or vote.
ADDENDUM NO. 1 (CONTINUED)
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
FACILITIES & CAPITAL IMPROVEMENTS/COUNTY EMPLOYEES
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present a request for approval to use County labor and equipment to raze and remove a wood frame structure from the property of the First Baptist Church to provide additional parking. He stated that staff recommends coordinating the removal of the church building with the removal of the County buildings. He further stated that the First Baptist Church has indicated that there would be a need for the property in the future, and that the County has requested that the church provide notification sixty (60) days in advance of when said need arises.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved to use County labor and equipment to raze and remove a wood frame structure from the property of the First Baptist Church of Tavares.
Commr. Cadwell was not present for the discussion or vote.
REPORTS (CONTINUED)
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved Proclamation No. 1996-86 proclaiming June 14 as National Lands Celebration Day in Lake County.
Commr. Cadwell was not present for the discussion or vote.
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
Mr. Sandy Minkoff, County Attorney, informed the Board that discussions have occurred with Warner Brothers in regard to entering into an agreement with Warner Brothers to remove road building materials from Rosewood and Sumner access roads and staging areas. He stated that said agreement would be brought back to the Board for their review and approval on May 28, 1996.
Mr. Jim Stivender, Jr., Senior Director of Public Services, appeared before the Board and distributed an agenda item in regard to Maggie Jones Road and Rosewood. He presented a map on the monitor illustrating the location of the roads in question and discussed the County's responsibility in the clean up of the Rosewood and Sumner location sites. He explained that the road that was placed to the Sumner site has impacted wetlands, and the Department of Environmental Protection has agreed to a mitigation plan of fifteen (15) to one (1) for preservation, and the Lake County Water Authority Administration has agreed to preserve part of the Lake Tracy acquisition for this purpose. He stated that approximately $10,000.00 worth of damage has been done to the County roads, and the County has agreed to repair the County roads if Warner Brothers would allow the County to use the road materials to extend the road from Royal Trails to Paisley. He stated that the Lake County Sheriff's Department, Emergency Medical Services, and the Lake County Fire Department have been instrumental in justifying to the Department of Environmental Protection the public good of construction and maintenance of this road by the County.
No action was required at this time.
RECESS & REASSEMBLY
At 10:25 a.m., the Vice Chairman announced that the Board would recess for thirty-five minutes, and reconvene at 11:00 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
PLANNING/REPORTS
Commr. Good stated that the time had arrived for an update on the LUFNET (Land Use Forum Network) process by citizens involved in the process in the area of U.S. Highway 19/27 and the Turnpike, known as the Villa City area. It was noted that a copy of the South Lake Land Use Forum presentation, dated May 21, 1996, had been distributed to the Board prior to the start of the presentation.
Ms. Ruth Vaughn Stokes, a local resident and participant in the LUFNET process, appeared before the Board and stated that a group of residents, land owners, business owners and interested citizens were responding to the Board's invitation to become involved in helping to design the type of community in which they wish to live and work. She explained that the informal presentation this date would be in the form of participants discussing briefly the goals they wish to achieve.
Mr. Gene Brown, a local resident and participant in the LUFNET process, appeared before the Board to discuss signs and the ordinances that regulate signs. He stated that the planning groups' main consideration was to establish requirements for the size, appearance, character, location, installation and maintenance of signs in order to promote motorist safety and protect the visual beauty of the landscape.
Mr. Alan Heinrich, a horticulturist, and participant in the LUFNET process, appeared before the Board to discuss the Lake County Landscape Ordinance and stated that they would like to assist the County in drafting landscaping in the Villa City area to provide a higher standard than in surrounding communities.
Mr. Robert Lyles, a local resident, and participant in the LUFNET process, appeared before the Board to discuss the value of proper awareness to make the joint planning process a success, and assured the Board that they would like more public awareness through newspapers, mailings, and other media sources. He stated that the participants have named the region Greater Villa City and would like to see this developed into a model community for Lake County.
Ms. Hope Lamb, a local resident, and participant in the LUFNET process, appeared before the Board and recognized the importance of County staff in the area of updating and implementing County development plans. She stated that the planning materials provided by the County were beneficial and very much appreciated, and that the participants would enjoy uniting the expertise of County staff with their vision.
Mr. Harry Truesdell, a local resident, and participant in the LUFNET process, appeared before the Board to discuss the subject of funding the LUFNET process in the future and explained that total expenditures to date were $2,800.00. He stated that they would like to purchase a planning kit, prepared by Mr. Carl Kehde, Land Use Forum Network, Inc., for approximately $50.00, which would provide a step-by-step guideline as they move forward, and that the planning group was requesting that the Board provide an additional $3,000.00 in funding for future expenses. He briefly discussed landscaping at the Lake County Central Park and suggested that landscaping be done to beautify and enhance the appeal of the industrial park. At this time, Mr. Truesdell noted the areas that were to be included in the Villa City Region and discussion occurred in regard to the areas in question.
Commr. Swartz stated that the County was committed to move forward with the project to develop a unified site plan and would make a commitment to devote resources during the budget process. He suggested that a review of the Sign Ordinance and the Landscaping Ordinance be included in the overall planning process for the area.
Ms. Sue Whittle, County Manager, stated that, after the initial process with the monies up to $3,000.00 that had been approved by the Board, she could not approve additional funding for items such as consultant time with Mr. Kehde without the consensus from the Board to move forward with the LUFNET process. She noted that she had requested from the planning group a list of items that would require additional funding.
It was the consensus of the Board to move forward with the LUFNET process for the unified site plan at U.S. Highway 19/27 and the turnpike; for staff to work with the planning group, and through the budget process bring additional funding requests to the Board, and to find ways to facilitate what the planning group was accomplishing in conjunction with what the County was working on in the development of a County unified site plan.
RECESS & REASSEMBLY
At 11:48 a.m., the Vice Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
TIMES CERTAIN
WORKSHOP - NORTH/SOUTH BYPASS WITH NANCY HOUSTON, FLORIDA DEPARTMENT OF TRANSPORTATION
Mr. Don Griffey, Engineering Director, Public Services, appeared before the Board to present the workshop on the North/South Bypass with Nancy Houston, Florida Department of Transportation, and explained that this workshop was a continuation of a workshop held by the Board in January. Other staff present were: Mr. Jim Stivender, Jr., Senior Director, Public Services; Ms. MaryAnn Bardon, Transportation Engineer, Public Services; and Mr. Mark Knight, Chief Planner, Planning & Development Services Division. Mr. Griffey stated that the January workshop was a presentation of the first phase results of the North/South Bypass project, an impact fee project to study the need, and the potential corridor for a road which would act as a bypass from the City of Lady Lake to the west side of the City of Leesburg. He explained that the first phase of the contract with Reynolds, Smith & Hills was an engineering analysis to evaluate the need and determine if a bypass would provide relief to U.S. Highway 27 and U.S. Highway 441, and to perform the modeling and engineering analysis. He explained that the second phase of the contract was the Project Development and Environmental Study. He stated that the Board had requested input from the Florida Department of Transportation prior to proceeding to Phase 2.
Mr. Roy Chapman, Consultant, Reynolds, Smith & Hills, appeared before the Board to provide a recap of the issues discussed at the workshop in January. He introduced Ms. Elizabeth Franks, Reynolds, Smith & Hills, who would be assisting with the presentation. Mr. Chapman explained that Reynolds, Smith & Hills was hired by the County to perform a traffic study of traffic impacts as they relate to U.S. Highway 27 and Highway 441. At this time, he discussed the graphics that illustrated and identified the existing traffic volumes, and the future traffic volumes under a number of scenarios. He stated that the area was relatively undeveloped and now would be the opportune time to move forward, if the Board determines to move forward with the project.
Mr. Griffey stated that staff has been working closely with the Florida Department of Transportation (FDOT) to insure that all of the guidelines of the Project Development and Environmental Study (PD&E) process were followed. He noted that a project number has been assigned by the FDOT and the Federal Highway Administration to allow for a review of this project to insure that the County was complying with the guidelines. He requested that the Board provide authorization to proceed forward with Phase 2, comprised of the Planning Development and Environmental Study. At this time, he introduced Ms. Nancy Houston, District Secretary, Florida Department of Transportation, Ms. Carolyn Zeller, Planning Director, District Five Planning Office, and Mr. Mike Szynog, Liaison to the County for Florida Department of Transportation, who were present to address questions presented by the Board.
Ms. Nancy Houston, District Secretary, Florida Department of Transportation, appeared before the Board and explained that FDOT was building very few new alignment roadways, and that the majority of the alignment roadways being built were toll facilities. She suggested that the County was taking the right steps in terms of looking for additional ways to handle the increase in population and traffic volumes, recognizing that U.S. Highway 441 serves both local and through traffic in the area. She briefly discussed the benefit of becoming a Metropolitan Planning Organization (MPO), and explained that a MPO designation drives the decisions of FDOT concerning funding projects. She stated that, in reality, this project would not have a high priority for state funding due to the current Level of Service (LOS).
Commr. Swartz stated that there was a commitment by the Board to stay ahead of the growth that was occurring in Lake County. He stated that the $360,000.00 should not be spent on the Planning Development & Environmental Study unless the Board was in a position to go forward with the right-of-way acquisition.
Ms. Houston stated that it takes approximately seven years to complete the Planning Development & Environmental Study, the design, and right-of-way acquisitions if funding was available. She explained that FDOT attempts, whenever possible, to acquire right-of-way in advance. She stated that the Planning Development & Environmental Study would provide good information regarding right-of-way costs estimates. She encouraged the Board to go forward with the Planning Development & Environmental Study process to provide the Board with answers in regard to cost, the feasibility from an environmental standpoint, permitting, and whether there was public support for this project.
Mr. Griffey reiterated that staff was looking for direction from the Board to move forward with Phase 2, noting that currently the County has a contract with Reynolds, Smith & Hills that has been executed. At this time, the Board directed staff to prepare an agenda item requesting Board authorization to move forward to Phase 2.
MINUTES
Regarding the Minutes of March 19, 1996 (Regular Meeting), the following change was requested:
Page 44, Line 15 - change "Reynolds, Smith & Hills" to Real Estate Consultants, Inc..
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of March 19, 1996 (Regular Meeting), as amended.
Regarding the Minutes of April 9, 1996 (Regular Meeting), the following change was requested:
Page 18, Line 28 - change "5 - 1 vote" to 5 - 0 vote.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 9, 1996 (Regular Meeting), as corrected.
Regarding the Minutes of April 23, 1996 (Regular Meeting), the following change was requested:
Page 20, Line 21 - insert John Weed.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 23, 1996 (Regular Meeting), as amended.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 30, 1996 (Special Meeting), as presented.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:55 p.m.
___________________________________
WELTON G. CADWELL, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
MSF\BOARDMIN\5-21-96\5-24-96