The Lake County Board of County Commissioners met in regular session on Tuesday, August 20, 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; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, stated that she would like to add to the agenda, under the County Manager's Business, a Resolution recognizing Chief Tyndal from Clermont on his retirement, and to add a discussion of Leadership Lake County.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add the above items, to the agenda, as requested by the County Manager.
MINUTES
Discussion occurred regarding the Minutes of July 18, 1996 (Budget Workshop), with the following amendment being made:
Page 28, Line 5 - "an additional Code Enforcement Officer"
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 18, 1996 (Budget Workshop), as amended.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 19, 1996 (Budget Workshop), as presented.
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 Tab 2, Items 1 through 12, under the Clerk of Courts' Consent Agenda, as follows:
Accounts Allowed
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/Courts-Judges
Request for approval and signature authorization on the Satisfaction of Judgments, as follows:
a. State of Florida vs. Faith Lucinda Stokes, Case No. 89-944-CFA, in the amount of $250.00.
b. State of Florida vs. Scott Cromer, Case No. 89-1679-CF, in the amount of $250.00.
c. State of Florida vs. Kevin Preston Kirby, Case No. 9101448CFA JL, in the amount of $250.00.
County Policy/County Employees
Request to approve Property Management Policy, which applies to all fixed assets under the control of the Board of County Commissioners including the Clerk of Courts, Property Appraiser, Tax Collector and Supervisor of Elections.
County Property
Request for approval to inventory fixtures and other tangible personal property with a value of $750 or more, and to delete from the inventory records property with a value less than $750, effective October 1, 1996.
Accounts Allowed/Deeds
Request to acknowledge receipt of the unclaimed excess proceeds for tax deeds totaling $18.51.
Clerk of Courts/Reports
Request to acknowledge receipt of the Clerk of Courts, Lake County, Florida, Semi Annual Investment Report for FY 95-96, June 30, 1996.
Audits/Education/Reports/State Agencies
Request to acknowledge receipt of the State of Florida Office of the Auditor General Report No. 12789 made of the Florida Education Finance Program of the Lake County School District for fiscal year ended June 30, 1995.
Municipalities/Ordinances
Request to acknowledge receipt of the City of Tavares Annexation Notification, Re: Ordinance 96-12: Annexation of Hickory Point Groves passed and ordained the 10th day of July, 1996, by the City Council of the City of Tavares.
Budgets/Community Development Districts
Request to acknowledge receipt of the Deer Island Community Development District's proposed budget for Fiscal Year 1996/97, in accordance with Chapter 190.008(2)(b), Florida Statutes.
Utilities
Request to acknowledge receipt of the following: Notice is hereby given on July 30, 1996, pursuant to Section 367.045, Florida Statutes, of the application for transfer of Water Certificate No. 123-W from Theodore S. Jansen to Crystal River Utilities, Inc., providing service to described territory in Lake County, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of the Annexation Ordinances received from the City of Eustis, as follows:
a. Ordinance No. 96-13, to provide for voluntary annexation of land owned by Lake County Water Authority, as described, which was passed ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of July, 1996.
b. Ordinance No. 96-15, to provide voluntary annexation of land owned by Trinity Evangelical Free Church, as described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of July, 1996.
c. Ordinance No. 96-19, to provide voluntary annexation of land having one single family residence at 2270 Interlaken Lane, as described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of July, 1996.
d. Ordinance No. 96-21, to provide voluntary annexation of vacant land north of and adjacent to #2270 Interlaken Lane, as described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of July, 1996.
e. Ordinance No. 96-23, to provide voluntary annexation of vacant land approximately 163 feet north of #2270 Interlaken Lane, as described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 18th day of July, 1996.
Budget Adjustments-Transfers
Request to approve Budget Adjustments for FY 95/96.
A. Authorization to Pay:
1. Fund: General
Department: Constitutional Officer/Property Appraiser
Account: Communications & Freight $45,000
Justification: Authorization to pay Property Appraiser $45,000 for the mailing of the 1996 Notice of Proposed Property Taxes to all property owners. Funds are budgeted in the Property Appraiser's In-House Support budget.
B. Transfers:
1. Fund: General
Department: Constitutional Officer/Sheriff
From: Transfer/Law Deputies $100,000
To: Transfer/Law Operating $100,000
Transfer #: 96-295
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $100,000 be transferred from Law Enforcement personal services to Law Enforcement operating to pay telecommunication charges billed by the County.
2. Fund: General
Department: Non-Departmental
From: Contingency $66,125
To: Land $66,125
Transfer #: 96-296
Justification: BCC approved the settlement by the special master between Lake County and the Watsons. Transfer from contingency needed to purchase the land as part of the settlement.
3. Fund: General
Department: Constitutional Officer/Property Appraiser
From: Contingency $10,000
To: Attorney Legal Fees $10,000
Transfer #: 96-297
Justification: Transfer needed to pay legal expenses incurred by the Property Appraiser on behalf of Lake County.
4. Fund: General
Department: Fire & Emergency Services
From: Contingency $4,000
To: Repair & Maintenance $4,000
Transfer #: 96-298
Justification: Funds are needed to reactivate an existing well at the Animal Control Shelter to reduce the overall expense of irrigation.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 21, for the following requests, with the exception of Tab 14, which was withdrawn by the County Manager:
County Policy/County Employees
Request for approval to establish a policy and procedure for an employee benefit fund.
Contracts, Leases & Agreements/Grants
Request for approval and execution of the Annual Contributions Contract for Project FL106CE0004, Housing Certification for Contracts, Grants, etc., and the Disclosure of Lobbying Activities.
Accounts Allowed/Community Services
Request for approval of payment of monthly Medicaid Hospital bill in the amount of $38,870.25 and the Medicaid Nursing Home bill in the amount of $35,633.96 for the month of June, 1996.
Contracts, Leases & Agreements/Grants/Libraries
Request for approval and execution of Library Services and Construction Act (LSCA) Grant proposal and Grant Agreement.
Contracts, Leases & Agreements/Municipalities
Request for approval to acknowledge Conditional Use Permit issued to the Clermont Health Clinic and execution of the Agreement to Conditions.
Accounts Allowed/Facilities & Capital Improvements/Public Services
Request for approval of Change Order for Odell's architectural services for the Public Services Building addition. Associated architectural services to be calculated using 6.25% of the estimated construction cost - estimated fee of $46,994.
Accounts Allowed/Fire & Emergency Services
Request for approval to trade in three ambulance chassis (property #'s 15218, 15536 and 15537) for new ambulance chassis at a trade-in value of $5,000 each.
Contracts, Leases & Agreements/Municipalities/Fire & Emergency Services
Request for approval and execution of Mutual Aid Agreement between Lake County and Naval Air Station Cecil Field, Astor Detachment, relating to provision of fire protection services.
County Employees/Personnel
Request for approval of the reclassification/upgrade of the position of Executive Assistant to BCC Office Manager to Office Manager, Board of County Commissioners in the office of BCC Administrative Support.
Accounts Allowed/Bids/Public Services
Request for approval to award Countywide Sidewalk Project No. 3-96, Bid No. B-6-5-25, to Superior Asphalt Company and to encumber and expend funds in the amount of $114,800.05 from the Transportation Trust Fund - Commissioner Districts 1, 3, 4 and 5.
Accounts Allowed/Road Projects/Public Services
Request for approval and execution of Change Order No. 1 to CR-48/#3-3123A Palm Drive Intersection Improvement Project No. 7-96 for additional drainage work in the amount of $13,300 from the Road Impact Fee Benefit District 4 Fund - Commissioner District 3.
Road Vacations
Request for approval to advertise Road Vacation Petition No. 827 by Jim Stivender, Jr., Lake County Public Services, to vacate Rights of Way, Sec. 22, Twp. 19, Rge. 24, Leesburg area - Commissioner District 1.
Contracts, Leases & Agreements/Deeds
Request for approval to accept Statutory Warranty Deed and approval and execution of Agreement between Lake County and Owen W. Conner, III for conveyance of right of way property.
Contracts, Leases & Agreements/Rights-of-Way, Roads & Easements
Request for approval and execution of Agreement between Lake County and Royal Palm Beach Colony, Limited Partnership, for expenses related to the conveyance of roadway easement.
Assessments
Request for approval and execution of Satisfaction of Assessment Lien for John D. Michael, Assessment #715016.
Deeds
Acceptance of the following deeds:
Statutory Warranty Deeds:
Michael H. Hatfield and Linda C. Hatfield
Skyline Drive #5-7773
Frances B. DeMuth
Skyline Drive #5-7773
E. Dale Dickson and Lesby M. Dickson
Sunnyside Dr. #1-4122
Thomas D. Grizzard and Lauri A. Grizzard
Sunnyside Dr. #1-4122
James Barnard
Demko Rd. #5-8371
Thomas S. Occimio and Maria T. Occimio
Lake Burns #5-7575
David Ray Trossman
Twin Ponds #5-7676
Richard R. Calay and Arla Rae Calay
Twin Ponds #5-7676
Stoney Newman and Becky Newman
Twin Ponds #5-7676
Golden Gem Growers, Inc.
Twin Ponds #5-7676
Kenneth A. Sumner and Bonnie J. Sumner
Twin Ponds #5-7676
Wilda L. Schultz
South Landfill #1-6903
Non-Exclusive Easement Deed:
Pierce Hardy, Limited Partnership
Cross Access Easement - U.S. 441
Temporary Non-Exclusive Easement Deed:
Royal Palm Beach Colony, Limited Partnership, Maggie Jones Road Extension
Drainage Easement Deed:
J. David Schmidt and Beryle M. Schmidt
Beach Road
Quit Claim Deed:
Christopher C. Craven
C-439
Right-of-Way Deeds:
These deeds are a part of an ongoing special assessment project for Hilltop Subdivision #3 - they are all for Luana Drive.
Elizabeth Ann Schott and Sharon Sue Martin
Michal Kathleen McPherson
Foister Monhollen and Dorothy Monhollen
Russell D. Baker and Clarese A. Baker
Glen D. Yoder and Linda I. Yoder
Mildred Guy
Randy L. Qualls and Lisa L. Qualls
PERSONAL APPEARANCES
PRESENTATION OF CERTIFICATE
Commr. Cadwell presented a Certificate to Ms. Dorothy Baldwin for being the first passenger of the Lake County Transit System.
Mr. Jim Van Pelt, Transportation Director of Lifestream, was present and echoed the sentiments of the Board.
TIMES CERTAIN
EAST LAKE COUNTY TRANSPORTATION STUDY
Commr. Cadwell noted that this was the first time that the Board had heard a presentation on the East Lake County Transportation Study. Even though this was not a public hearing, the Board was going to allow some time for individuals to present their point of view on the issue. Commr. Cadwell noted that letters had been received from the following individuals: Mitch and Michelle Blackmon; Mr. and Mrs. Steven Dodd; Brenda Garrett; Elma Louise Hufstetler; Melissa Hughes; Jim Makin; Tony Selthofer; Jon A. Diesbourg; Terrie C. Diesbourg; Michael and Jeanie Lombardi; Kenneth and Sonya Moore; Hank Siler; Lorraine H. Siler; Harlan D. Siler; Bill and Veronica Silva; Karen H. Howard; Cindy Costello; Jack and Wanda Venditti; and Linda and Paul Lorentz. Commr. Cadwell stated that all of the letters noted had been received and read by the Board, and the Board appreciated the comments.
Mr. Jim Stivender, Director of Public Services, addressed the Board and stated that the study encompassed an area from the Orange County line, to the Marion County line, east of Umatilla, Eustis, and Mount Dora. The study was initiated about eight months ago and was based on discussions held by the Impact Fee Committee in prior years, and it was a study of an area that was projected to grow in the next 25 years.
Mr. Larry Morey, Professional Engineering Consultants (PEC), addressed the Board and presented a brief synopsis of his personal background in the engineering field and introduced Mr. Chris Sinclair, and Ms. Christine Kefauver, both from JHK & Associates, Inc. Mr. Morey stated that there has been a very good public involvement process, and it has been one of the key ingredients in the success of the project to date. He discussed the time frame for the study and stated that it started in January of this year, and the Phase I traffic study was scheduled to conclude next month when the final report was delivered, and it would include comments received to date. Mr. Morey stated that the next stage would involve a PD&E (project, development and environmental) study. Depending upon the results of this study, the next phase would be a more detailed environmental and engineering analysis of whatever corridor was selected. Mr. Morey, Mr. Sinclair, and Ms. Kefauver discussed the handout material and answered questions of the Board. The handout material included the following information:
Study Objective
To identify current and future level of service and required roadway improvements to meet future transportation needs
Presentation Overview
Public Involvement
Existing Conditions
Future Conditions
Alternative Development
Alternative Evaluation
CRC Recommended Alternative
Potential Short-term Improvements
Public Involvement Sequence
Map - Year 2020 Level of Service (existing Roads plus committed improvements)
Map - Travel Flow Patterns and Alternative Groupings
Map - Legend
Map - No Build
Maps - Alternative A, Alternative B, Alternative C, Alternative D, Alternative E, Alternative H
Alternatives Evaluation Matrix Tier 1
Alternatives Evaluation Matrix Tier 2
CRC Recommendation
Alternative D is the CRC Preferred Alternative with a strong emphasis on the extension of CR 439 as an additional potential new alignment.
Alternative H should be included in all long term studies as a potential improvement.
Short Range Improvement Plan
SR 19/CR44
SR19/CR 450 West
CR 44A/Estes Road and CR 44A/CR 439
US 441/CR 44B
When comparing Alternative A and Alternative D, Mr. Morey stated that the following facts would exist: through the year 2020, considering the travel times on the matrix, there would virtually be identical times to get from various points; Alternative D ($29 million) would cost approximately $5 million more dollars than Alternative A ($24 million) based on existing conditions and current costs; Alternative D would require more right-of-way, 124 acres versus 81 acres; Alternative D would involve the possibility of displacing the residents; Alternative D would also require coordination with State Historic Preservation Office (SHIPO) regarding the King Grove site.
Commr. Gerber questioned whether an independent study had been done on CR 439, with Mr. Morey explaining that this would be considered as the "no build" option, because, as discussed earlier in the process, it involved the CR 439 extension. He stated that there had been a lot of complaints from people living on that road who object to the high volume of truck traffic, which causes noise and vibration to the surrounding area.
Mr. Morey noted that the problem facing the County with Alternative D was the undeveloped lots in that area, and he had no known vested interest in any of the options being presented. He stated that, if you live on CR 44A, or Estes Road, you would be urged to put the East Lake Lincoln extension in. It you lived in that area, you would be exhorting the Commission to build along the existing bypasses. He stated that, once a decision was made, a logical phasing plan would have to be considered, and it would have to be built into the County work program.
Mr. Don Griffey, Director of Engineering, explained that staff had considered the study as identifying a lot of improvements, and once the study was concluded, all of the different improvements, that were identified as being needed, would have to be considered, as well as prioritized, and a determination would have to be made in terms of funding.
Commr. Cadwell noted that letters had been received from the City of Eustis, and The Greater Eustis Area Chamber of Commerce expressing their recommendation to support Alternative D.
RECESS & REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would take a ten minute recess.
EAST LAKE COUNTY TRANSPORTATION STUDY (CONTINUED)
Commr. Cadwell noted that a letter had been received from Cleme L. Dipilla and Mary Rose Helm.
Mr. Egor Emery, Lake Swatara, addressed the Board and stated that the real cost of growth in this area was $24 million to $37 million, and he encouraged the Board to remember this in the future and make growth pay for itself. He explained that most of the traffic was generated from the people living in the area shown in the traffic study, and the whole bypass seemed to be geared toward nine percent (9%) of the traffic, which was the trucks. He suggested making a truck route designation, such as the corridor A arrangement, and making CR 439 a real bypass, to give people a chance to avoid the downtown areas, but Eustis needed to recognize that this might have a detrimental effect on the downtown area. Mr. Emery stated that, when a bypass is built, it allows for new growth, and he did not want the Board to allow this area to turn into urban, or suburban, simply because a bypass needed to be built. He addressed other areas of the County that were being affected by traffic, as well as the commerce.
Ms. Marjorie LaRoe, Eustis, addressed the Board and stated that she had submitted a letter for consideration. She was concerned about the school that was being built on the Bates Avenue Extension in Eustis, because of the traffic and the widening of the bypass, and the types of medians that would be required, which would be very dangerous, because there was not adequate right-of-way (it was currently 66 feet) to improve it. Ms. LaRoe stated that there was already land purchased for a fire station opposite the water treatment plant that was on the existing bypass on the north/south route, and she felt that the north/south route should be made a non-truck route, because of the school.
Mr. Art Cohen, Lake Lincoln, addressed the Board and stated that he was representing those individuals present from the Lake Lincoln area, who object to Alternate D. Mr. Cohen presented a handout of their objections, which consisted of the following:
Item 1 - The CRC - The composition of the CRC did not fairly represent the residents of Lake County who were to be most impacted by its decision.
Item 2 - The Dollars - The construction of a new $30 million bypass less than two miles east of the existing one was not a sound financial decision.
Item 3 - The Consultants - JHK & Associates recently conducted a similar traffic analysis for the City of Oveido. Their study concluded that Alternate A "best addresses major East-West travel patterns and would incur little or no opposition from public interest groups." However, their recommendation asked the City to adopt Alternate D at a $5.4 million greater cost than Alternate A.
Item 4 - The Environment - The Lake County Conservation Council, Audobon Society, Florida Game and Fish Commission, and the National Historic Registry, which will soon include the King Grove as the oldest, still operating orange grove in Florida, have all made their case by protecting our natural resources in the face of impending growth.
Mr. Cohen stated that the residents of Lake County look to this Commission for the leadership necessary to manage 21st Century growth without destroying the quality of life that brought everyone to Lake County. He and the residents were requesting that the Board take a stand against wasteful spending and desecration of our natural resources and stop Alternate D now.
Ms. Cordella LaRoe, Eustis, addressed the Board and stated that she lives in the house at the corner of the CR 44 bypass and Orange Avenue (SR 44). Her house was over 100 years old, as well as several others along the CR 44 bypass, and the King Grove, as well as her house, were historical sites. She was concerned with the school being built between CR 44 and Estes Road, and the number of children that would be walking, since there was not an overpass planned for Bates Avenue. She discussed the property that had been bought for the fire station across from the water treatment plant and stated that she was a long term resident of Eustis, and she had also written a letter to the Board. Ms. LaRoe stated that, when the CR 44 bypass was developed, no one had any choice about it, and she did not like waking up to truck noise.
Ms. Barbara Howell addressed the Board and stated that she had been on the Citizens Review Committee (CRC), and she had attended all meetings concerning the issue being discussed today. Ms. Howell stated that the members of the CRC were inundated with information from every meeting. She stated that the problem did not stop with CR 439 running into Orange County, and everybody needed to be aware of what was taking place in surrounding counties and work with them, as well as the State. Ms. Howell stated that Lake County would continue to grow, and there were still a lot of studies that had to be done, as well as finding the necessary funding. She reviewed some of the issues that were discussed by the CRC, including a possible independent study of CR 439, and she reiterated the concerns about the school on Bates Avenue. She stated that it was in the best interest of the children and people of Lake County to begin studies and planning now for the acquisition of transportation corridors that would be necessary in 20 to 40 years. Ms. Howell stated that she had very strong environmental concerns and did not like the idea of building around Lake Lincoln. She agreed that Alternative H was the best alternative, and that the recommendations made by the CRC should be put into stages.
Commr. Hanson questioned how the truck traffic was differentiated, as far as what was local and what was just wanting to get around Lake County.
Mr. Griffey stated that a study had been done by JHK several years ago, which looked at the percentage of traffic that was going through the County, as well as the percentage of local traffic, and the study showed about 15% was through traffic. He noted that the Department of Transportation (DOT) paid for the study.
Mr. Harlen Silar, Marshall Road, stated that he was opposed to Alternative D, because it was a step to Alternative H. He stated that D was already tearing up his neighborhood and the ecosystem, and H would be a total impact to the area.
Mr. Dwayne Erickson addressed the Board and stated that he was amazed at the traffic on SR 19, not only the truck traffic, but the car traffic. He discussed the route that he takes when traveling to Jacksonville and stated that it would be incumbent upon the Commission to be certain that, not a three year old study by DOT that basically focused on 441, but a study of SR 436, US 17/19, be considered to determine where the traffic was going. He felt the County would find it would be more than 15% that was through traffic.
Mr. Bill Taren, Mount Dora, addressed the Board and stated that he was curious why most of the solutions increased the congestion and doubled the traffic on CR 44B.
Ms. Louise Edge addressed the Board and stated that she was concerned about the Saltsdale area. She stated that, when a proposal was being made to place a cut-through to Saltsdale that would join into CR 450 and into CR 42, someone would only be a few miles from CR 439. She questioned why the County would spend so much money to do this when CR 439 could be widened, because it joined into the same place at CR 42. She also questioned how a determination of money could be made when anticipating 25 years into the future.
Mr. Lee Godwin, Umatilla, addressed the Board and stated that he lived by the airport where plans were being proposed to pave the clay roads. He had concerns about the plans, because they could possibly cut down on the access to the airport. He felt there could be some alternate routes to the plans.
Commr. Cadwell stated that the roads being discussed by Mr. Godwin have been on the plans for years to be paved. He had discussed the plans with Mr. Godwin's father and told him that he did not feel the County would be changing the route that had been developed.
Mr. Godwin was concerned that the current plans would eliminate the extension of the runway that could take place in the next 20 years, because the airport was an asset for Umatilla and Lake County.
Commr. Cadwell stated that the project was a joint project with the City of Umatilla, and the City was in favor of the existing project.
Ms. Patricia Mayhill, City of Eustis Development Services, addressed the Board and stated that she wanted to echo the letter from Mayor John Benton expressing the City's and the City Commission's support for the recommendation of a Citizens Review Committee (CRC) for Alternate D. She stated that they were cognizant that this alternative would provide relief to the existing north/south roads in the area, which were not able to handle the traffic, and the other alternatives, as pointed out by the consultants, would continue to put the burden on those north/south routes. Ms. Mayhill stated that the City was also very concerned about any isolation that Alternate A improvements would cause to the new Eustis Middle School. She stated that there were sidewalks being planned for the area, with a lot of pedestrian traffic being anticipated, which was a concern. Ms. Mayhill stated that Mr. Tim Scobie, Eustis Chamber of Commerce, was not able to be present, but the letter expressed his Board's support of Alternate D, as well as the letter from the City.
Ms. Margie LaRoe addressed the Board, once again, to explain that Cordella LaRoe and she had been leaning more towards a vote on Alternate D, but would prefer to look at something else other than anything being presented today. Ms. LaRoe explained that the people in Park Place have swales that buffer noise, but she does not at the location where she lives. She discussed the curving of the road that was being proposed, which would involve taking down some of the trees in front of her house; the speed limit of 55 mph on the north/south bypass (44); and the 55 mph speed limit going through the traffic light coming into Eustis.
Commr. Swartz stated that he would like to review some of the comments, as a result of the presentation made by the consultants, along with the staff, and he also had a question that he would like Commr. Cadwell, and Commr. Hanson, to answer, because, while the bulk of the City of Eustis lies within District 3, many of the road proposals described lie, in part, in those two districts. Although he did not see a decision being made today to pick one of the alternatives, he felt that some direction from the Board would come from the presentation. He agreed with Mr. Bernie Yokell that, based on what was before the Board today, the best site location had not yet been found. He felt that, no matter what choice was made, everyone would bear the price in terms of dollars, but clearly everyone would be bearing the price in terms of quality of life. Commr. Swartz stated that the needs being expressed by the City of Eustis and the Chamber, as well as the citizens, needed to be addressed in the long term, but he reiterated that the County needed to look for other alternatives. He stated that, in trying to find the best alternative, the County needed to look at one that was far enough out into the future that would not impact the people that live in some of the communities and areas being discussed. Commr. Swartz asked that the other Commissioners comment on some modification of CR 439 as being a longer term solution, and questioned whether there was already development in this area that would create the same type of problems.
Commr. Hanson felt that CR 439 was probably far enough out in time, because in 20 years, it would definitely be the bypass, if it was tied in from US 441 all the way to CR 42, and this would be long range planning. She stated that this should definitely happen, and it would impact some people on CR 439, but most of the people have larger tracts and were used to heavy traffic, and widening the road would make it only safer.
Discussion occurred regarding Wolf Branch Road, with it being noted by Commr. Hanson that CR 439 from Wolf Branch going all of the way south and connecting with US 441 would make sense, but this would need to be coordinated with Orange County. Commr. Hanson stated that there were some environmental areas that would need to be considered. She stated that she would not like to see Wolf Branch be the connector road, and she thought that, as part of the original study, the proposed beltway coming from Orange County and what happened to SR 46 was to be considered.
Mr. Griffey informed the Board that, by taking the traffic volume projections from the Orlando regional model and plugging them into the external points at the County boundaries, the consultant was able to incorporate future regional traffic projections into the study. Right now there was no plan for the beltway in Lake County, but the alternative that seemed to be favored was SR 46 being a four lane rural arterial roadway.
Commr. Hanson felt there was somewhat of a consensus on CR 439, and it made a lot of sense, but she did not know if the County needed to continue to call the proposals alternatives, because she felt there were pieces from each one that would be prioritized for intersection improvements.
Commr. Cadwell stated that the Board was at a consensus that the long term route needed to be at least as far out as CR 439.
Commr. Good stated that he had not seen numbers that really indicated the through traffic that was utilizing the transportation system, because he was not seeing numbers that indicated the 2020 numbers were through trips. He was concerned that a lot of the 2020 numbers were local trips and maybe the money would be better spent on the roads that were meeting local needs. Commr. Good stated that, if the bypass was built at CR 439, eventually everyone would be going to the bypass, which would be encouraging suburban development. He would be much more comfortable if this study had numbers indicating that the 2020 numbers in the study were through trips and not local trips, because bypasses tend to meet the need for through trips. He stated that the study had not given him a level of security that the numbers in the study were through trips.
Commr. Swartz felt that US 441, through the triangle corridor, and SR 19 through the triangle corridor, were roadways that were severely stressed and would only get more stressed as time goes on. He did not want to be in a situation where the County has deteriorated the road network and was having to build new roads.
He stated that it was important that the County has the road construction dollars, because the County probably does not even have the money to start planning the road, much less for the cost of building it.
Mr. Stivender stated that all of the projects mentioned by Mr. Morey would be incorporated and discussed at the Impact Fee Committee meetings, which would start in January, as well as some of the projects that have been on hold for the last few months that were not a part of the study. He would be trying to establish which projects, on the existing system, would be necessary, and where they would fall in a priority matrix. He explained that the figures were being brought to the Board now, in order to prepare for the future.
Commr. Swartz stated that the Board had an advantage today, if it begins planning for that type of roadway, because it could do its best to make sure that, through land use planning and through development approvals, the people have the ability to know that a particular road would be becoming a road in the future, instead of what was being done now, which was putting roads where the development patterns had already been created.
Discussion occurred regarding the Public Services Department already having proposed roadways that have not necessarily been approved by the Board, but conceptually look 20 to 25 years into the future, which can be reviewed by anyone anticipating development in a particular area.
Mr. Stivender stated that staff would be refining those maps and bringing them to the Board in a countywide effort.
Commr. Swartz stated that, although he appreciated the efforts of the CRC, unfortunately, in looking at the information that had been shown, there had been a number of members of the CRC that had not regularly attended the meetings. He suggested that the Board reconstitute a group that would come back and look at this as a longer range project with more citizens that live in these communities, and get good attendance and have them start looking at what becomes Alternative "G".
Commr. Swartz made a motion, which was seconded by Commr. Good, to approve to readvertise for positions, from residents, on the CRC, and that the Board ask staff to re-evaluate that committee and bring it back to the Board as a Resolution, if necessary, so that the Board can, perhaps, refill that committee with more people that live in the areas where the County might be considering these improvements, and including the CR 439 area, and then to ask that group to look at a possible alignment, which would be more for a 2020 consideration, which might include CR 439 and some of the variations that would get you over to US 441, and that the Board go forward in that type of review of looking for what would be the best possible alignment that can be found, assuming that those that the Board has seen today do not represent the best sites.
Under discussion, Commr. Hanson stated that, in regards to the Lake Lincoln area, there were probably as severe environmental concerns there as anywhere in the County, and she agreed with the comments that were made earlier, that, in addition to the great environmental concerns, they would be major in that area.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
RECESS & REASSEMBLY
At 12:08 p.m., the Chairman announced that the Board would take a short recess.
CITIZEN QUESTION AND COMMENT
Mr. Edward Dickinson, Lake Dora Mobile Home Park, addressed the Board to discuss a flooding incident that took place in his home in March, 1996, which resulted from a County construction project on the street next door to where he lived. His purpose today was to make sure all Board members were aware of the issue.
Commr. Swartz stated that he had been in phone contact and letter contact with Mr. Dickinson. The first approach was made with the contractor, and the contractor's insurance company has said it would not pay for the damage. He has subsequently asked staff to look at it, and let the County determine if the contractor has some fault, with regards to what occurred, and if this was the case, then the County, either through its bonding procedures, or through its costs, can make a determination of the issue, and then deal with Mr. Dickinson. He stated that it should be an unbiased determination, because it should not cost the County money, if one of its vendors has caused some problems for the gentleman.
Mr. Jim Stivender, Director of Public Services, addressed the Board and stated that there was some flooding where the contractor was doing some pipe work at the time, and there was a question whether this was a natural occurrence, or a correlation, to the construction, and the insurance company said it was not due to the construction. Staff was looking into the issue themselves, and he was asking that the County's own insurance people advise them of its decision.
Commr. Swartz stated that this has been an ongoing discussion for some months, and he asked that staff get it resolved, so that hopefully, the County would find a solution acceptable to Mr. Dickinson, and if not, Mr. Dickinson knows that he has reached a place where he can choose some other course of action other than the good will of the Board.
Discussion occurred regarding the letter that had been received from the insurance company, which Commr. Swartz stated had been a result of the last memorandum sent by him asking for the County to make a determination. Commr. Swartz stated that, if it was not a routine event, and it was caused by the construction, the County needed to take the appropriate action.
Mr. Dickinson stated that the latest word he had from the insurance company was that they had no direct evidence that the incident ever happened. He understood that the insurance was a side issue, and it was between him and the contractors, and possibly between him and the County. He informed the Board that he had heard that another resident in the park, who had somewhat of a smaller amount of damage due to flooding, had been compensated in full, and that the check had been delivered through Public Services.
Mr. Stivender noted that he was not aware of the issue brought forward by Mr. Dickinson, or a payment being made to anyone.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
GRANTS/STATE AGENCIES/PARKS & RECREATION
Mr. Chuck Pula, Parks and Recreation Coordinator, addressed the Board to discuss the request for approval to execute and submit a Florida Department of Environmental Protection Florida Recreation Development Assistance Program grant application for $100,000 of potential funding to construct Lake Idamere Park. Mr. Pula explained that this was a matching grant, and Lake County's 50/50 match was based on $50,000 from the Boating Improvement Fund, and $50,000 from the Fish Conservation Fund. Mr. Pula reviewed an aerial of Lake Idamere; pictures of the site; and discussed proposed recreation and support facilities for the park.
Commr. Swartz stated that he could see the Board going forward with the grant application, but should the County be awarded the grant, the Board would have to decide the phasing of it, because the Board has talked about using some of the noted funding for parks, but he felt that some of the facilities, such as the proposed ball park, instead of using monies from Fish Conservation, might be included in part of next year's recreation grant. He felt that the County may need to enter into an interlocal agreement with the City.
Commr. Cadwell stated that the Parks and Recreation Advisory Board considered this issue at its last meeting, and it was very pleased with it. The Florida Department of Environmental Protection Florida Recreation Development Assistance Program was now approving projects such as the one being described by Mr. Pula.
Mr. Pula stated that Ms. Rene James, Lake County Water Authority, was a member of the Parks and Recreation Advisory Board, and she had made certain comments about concerns that she had with the proposed recreation and facilities, to make sure that there was no duplication of facilities. He stated that the potential was unlimited, because of the size of the lake front and where it was located.
Mr. Sandy Minkoff, County Attorney, explained that, once the County got the grant, it would have to pay careful attention to the types of activities, particularly commercial ones, because they may be severely limited by the grant restrictions.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the grant application, based on the Chairman's and the Parks and Recreation Advisory Committee's recommendation, subject to the Board, if the County gets the grant, determining where the cash contribution actually would be funded.
CONTRACT, LEASES & AGREEMENTS/PARKS & RECREATION/UTILITIES
Mr. Mike Anderson, Director, Facilities & Capital Improvements, was present to discuss the request for approval and execution of the Utility Agreement between Lake County and Southern States Utilities for Lake County Central Park water and sewer services.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request, as stated above, and as presented by Mr. Anderson, Director, Facilities & Capital Improvements.
CONTRACTS, LEASES & AGREEMENTS/GRANTS/GROWTH MANAGEMENT
Mr. John Cento, Planner II, addressed the Board to discuss the request for approval for a three month extension to the Community Development Block Grant agreement period and authorization for the Chairman to execute time extension documents. He explained that construction was in progress at both the Eustis and Mount Plymouth project sites, but completion would be about two months later than expected (early November). At this time, Mr. Cento presented a 2 1/2 minutes video showing the project sites.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the request, as stated above, and as presented by Mr. Cento, Planner II.
ROAD PROJECTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Services, addressed the Board to discuss the request for approval of the 1997-2001 Road Impact Fee Program and Gas Tax Improvement Program, and the request for approval of adding to the 1995/96 Road Impact Fee Program, Intersection Improvements at SR-19 and C-561 and going out to bid on the project (estimated costs - $278,910). Mr. Stivender stated that this was the program that was approved by the Impact Fee Committee in March and April of this year, and it went through the budget process.
The Commissioners reviewed the priority list for their districts and discussed tentative projects and other alternatives, as well as the acquisition of rights-of-way.
After some discussion, Commr. Swartz suggested that an asterisk be placed by #8, Ranch Road to indicate that Robbins Road would be considered in lieu of Ranch Road. He discussed #10, Double Run Road, and stated that he recalled that, after talking with residents that lived along Double Run Road, most of them did not want it paved.
Mr. Stivender noted that $80,000 had been allocated for County resurfacing and striping in each district. Mr. Stivender stated that he wanted to add Trowell Avenue, Umatilla, District 2, as priority #11 on the impact fee projects.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the draft of the Transportation Construction Program, both the impact fee recommendations and the gas tax proposals, and the recommendation from Public Services to add to the 1995/96 Road Impact Fee Program, Intersection Improvements at SR-19 and C-561, and going out to bid on the project, at an estimated cost of $278,910.
ROAD PROJECTS/STATE AGENCIES
Mr. Jim Stivender, Director of Public Services, addressed the Board to discuss the request for approval of the staff recommended prioritization of projects for the Florida Department of Transportation Five Year Work Program for Fiscal Year 1997/98 - 2001/02. He noted that three projects had been added to the bottom of the page, as indicated in the backup, which were numbered as 13, 14, and 15, for 1996.
Discussion occurred regarding #10, Project SR 44, SR 19, with Commr. Swartz requesting that staff indicate the project and describe it in different terms more consistent with the direction the Board gave today.
Ms. Patricia Mayhill, City of Eustis Development Services, addressed the Board and stated that, during the last two to three years, the Department of Transportation (DOT) has required that the local governments, being the cities, submit all of their project requests through the County, and they have abided by this request. She stated that they have not been able to participate in the prioritizing of the projects that are sent to DOT. She further stated that the County and the cities needed to look at some mechanism to be able to address this just like the impact fee project where all of the local governments participate.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the staff recommended prioritization of projects for the Florida Department of Transportation Five Year Work Program for Fiscal Year 1997/98 - 2001/02.
OTHER BUSINESS
COUNTY COMMISSIONERS/MEETINGS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to set the State of the County event for October 23, 1996 at 6 p.m.
REPORTS - COUNTY ATTORNEY
COURTS-JUDGES/ACCOUNTS ALLOWED/ASSESSMENTS
Mr. Sandy Minkoff, County Attorney, stated that the County was attempting to enforce some of the old road special assessments from projects, and the Board had before it today a compromise for consideration, from Hollis and Wanell Neesmith. He stated that this was very old and no payments had ever been made. When the County began litigation to foreclose the lien, Mr. Neesmith had an attorney appointed to him from Legal Aid, and they counterclaimed against the County claiming that the construction of the road caused a flooding problem on his property. Mr. Minkoff stated that Mr. Jim Stivender, Director of Public Services, and he have looked at the property, and they did not feel that the County had any responsibility for flooding. He explained that the Neesmiths were in very poor financial shape, so he was recommending that they pay all of the principle and interest, however, that the interest rate on their particular assessment be lowered from 12 percent to 8 percent.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the acceptance of the Stipulation entered into by Lake County and Hollis and Wanell Meesmith, as recommended by the Mr. Minkoff, County Attorney.
COUNTY PROPERTY/CONTRACTS, LEASES & AGREEMENTS
Mr. Sandy Minkoff, County Attorney informed the Board that, in regards to the Hill property that was purchased by the County, and which Mr. Bob Williams, Attorney, was holding as Trustee, he had asked the Hill group to find a realtor and list it for sale. They were now requesting that the County approve Pauling O'Kelley Inc., and he intended to list it with the realty at $32,000. He stated that, if the County got a contract, it would be brought back to the Board for approval.
COUNTY EMPLOYEES
Mr. Sandy Minkoff, County Attorney, informed the Board that he had passed out evaluation forms and had set this issue for the September 3, 1996 Board agenda.
ADDENDUM NO. 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Ms. Ava Kronz, BCC Office Manager, informed the Board that there would be two vacancies on the North Central Florida Health Planning Council Board of Directors, as of September 30, 1996. Two individuals have expressed a desire to be reappointed. The third person was a staff person and would not be reappointed.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the reappointment of Mr. Jack Hargrove and Mr. Bill Mobley to serve as members of the North Central Florida Health Planning Council Board of Directors.
REPORTS - COUNTY MANAGER
RESOLUTIONS
Ms. Sue Whittle, County Manager, requested approval of the Resolution for Chief Prentice Tyndal of Clermont on his outstanding tenure and performance as a law enforcement professional, which was on the occasion of his retirement this week.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Resolution recognizing Chief Prentice Tyndal, as requested by Ms. Whittle, County Manager.
COUNTY EMPLOYEES/COUNTY MANAGER
Ms. Sue Whittle, County Manager, informed the Board that two employees, she being one of them, had been invited to participate in Leadership Lake County this year, and she would like to see the County sponsor them.
Commr. Hanson made a motion to approve the request for the County to sponsor the two employees.
Commr. Gerber seconded the motion for discussion. She stated that the only problem she had with the request was that there had been staff members who had paid their own way in the past.
Commr. Good stated that he would support the motion, because the County needed to provide scholarship and training, and this was a great way to network with the community and get County government into the program as a participant.
Commr. Swartz stated that, if the Board was talking about the top managers in the County, and if those individuals and the County Manager felt it was important for them to go, those individuals should pay for themselves. He was concerned, because this was different than some of the other specific management and job related programs, and because it clearly limited the number of County employees that could participate. Commr. Swartz had suggested earlier to Ms. Whittle that the individuals at least pay a portion of the expense, if they attended, but he was not sure that he would even support that motion. He stated that it was a good program, but if County employees were going to go to it, particularly the County's higher level mid-management, upper management level employees, they should bear the costs of attending those programs, just as the ones that had already gone and paid the costs. Commr. Swartz stated that he would respectfully dissent on this one.
Commr. Cadwell stated that he was the Chairman of the Board of Regents, and he felt the County would benefit by having those people go through the program.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Swartz voted "no".
REPORTS - COMMISSIONER GOOD - DISTRICT #2
COUNTY BUILDINGS
Commr. Good discussed the idea of having a flag flown at the Lake County Welcome Center.
Commr. Hanson stated that she had sent a memorandum to Mr. Dave Warren, Tourist Development Director, but she had not received a response regarding the issue.
Ms. Sue Whittle, County Manager, informed the Board that the issue brought forward had been handled.
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
RESOLUTIONS
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 1996-115 to be sent to the Governor asking for the appointment of a commercial fisherman to the Florida Marine Fisheries Commission.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:25 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\8-20-96\8-28-96