The Lake County Board of County Commissioners met in regular session on Tuesday, February 4, 1997, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add an item to the Agenda, under his County Attorney's Business, from Risk Management, regarding an automobile accident in which a county vehicle was involved.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.
Ms. Sue Whittle, County Manager, informed the Board that there was an Addendum to the Agenda.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 13, 1997 (Special Meeting - Lawsuit Settlement Agreement), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Budgets/Budget Transfers/County Finance
Resolutions
Request for approval of Budget Adjustments for FY 1996-97, as follows:
A. Resolutions:
1. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
Revenue: Donations - Museum $20,500
Expenditure: Historical Courthouse Renovation $20,500
Amendment #: 97-077
Justification: Resolution to receive unanticipated revenue received from the Historical Society to fund professional services relating to the Museum in the Historical Courthouse.
2. Fund: General
Department: Growth Management
Revenue: DCA-EAR Grant $14,069
Expenditure: Contingency $14,069
Amendment #: 97-078
Justification: Resolution to receive unanticipated revenue from the Florida Department of Community Affairs to complete the Evaluation and Appraisal Report Assistance Program.
Bonds - Contractor
Request for approval of Contractor Bonds - New, as follows:
New
822-97 William E. Mims (Sheet Metal Contractor)
4211-97 Raymond P. Wingo (Residential)
5379-97 Metro Air Tech (Heating and Air Conditioning)
5516-97 Richard Crosby, Donald Schnidt, and Daniel
Hulslander (Dock and Boat Shelters)
5517-97 Steven Harvard/Sunrise Electric of Central Florida
5518-97 Robert Russell Rydberg (Building)
5519-97 Janecka Electric Company
5520-97 Ben Sikes Services (Electrical)
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending December 31, 1996, in the amount of $158,458.22. Same period, last year: $121,089.49.
State Agencies
Request to acknowledge receipt of Notice of Solicitation for Public Comment, 1997 Annual Action Plan of the State of Florida Consolidated Plan.
Audits/Public Defender/Reports/State Agencies/State Attorney
Request to acknowledge receipt of State of Florida Report No. 12867, operational audit of the State Attorneys and Public Defenders Salary Rate Management, for the period of July 1, 1994 through December 31, 1995.
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.
Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission - Notice of Commission Hearing and Prehearing to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons, with regard to:
Docket No. 970001-E1 - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor
Docket No. 970002-EG - Conservation Cost Recovery Clause
Docket No. 970003-GU - Purchased Gas Adjustment
Docket No. 970007-EI - Environmental Cost Recovery Clause
9:30 a.m., Wednesday, February 19, 1997*
Betty Easley Conference Center, Room 148
4075 Esplanade Way
Tallahassee, FL
* Thursday, February 20, 1997, and Friday, February 21, 1997, have also been reserved for continuation of the hearing, if needed. The starting time of the next day's session will be announced at the conclusion of the prior day. The hearing will be adjourned early, if all testimony is concluded.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 96-010, from the City of Fruitland Park, providing for the annexation of property generally located on the corner of US 441/27 and South Gray's Airport Road, Fruitland Park, Florida, generally known as the Rhodes property, into the City of Fruitland Park; providing for C-2 (General Commercial) zoning of the property; and providing for commercial comprehensive plan land use designations for the property; adopted by the City Commission of the City of Fruitland Park, Florida, on January 9, 1997
Deeds/Municipalities/Ordinances
Request to acknowledge receipt of Ordinances and Warranty Deed, from the Town of Astatula, as follows:
Ordinance No. 1996-A, from the Town of Astatula, providing for the voluntary annexation of real property lying adjacent to the municipal boundaries of the Town of Astatula, Florida; passed and adopted by the Town Council of the Town of Astatula, Florida, on March 11, 1996.
Ordinance No. 1996-F, from the Town of Astatula, providing for the voluntary annexation of real property lying adjacent to the municipal boundaries of the Town of Astatula, Florida; passed and adopted by the Town Council of the Town of Astatula, Florida, on September 9, 1996.
Warranty Deed from Barbara Meridith to the Town of Astatula, recorded in O.R. Book 1484, Page 890, Public Records of Lake County, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that she would like to amend Tab 3, a request from Facilities and Capital Improvements for approval to name the property purchased in Paisley, through the Parks and Recreation Capital Improvement Program, "Paisley Community Park". She requested to add the addition of a monument being placed at the park, subject to proper permits being pulled.
Commr. Hanson reminded the Board about the park opening ceremonies, scheduled for March 1, 1997, from 11:00 a.m. to
2:00 p.m.
Ms. Whittle stated that, in addition to that, she would like to pull Tab 4, a request from Facilities and Capital Improvements for approval and execution of an Agreement between Lake County and Eustis Little League, Inc., relating to the contribution of infrastructure sales tax funds, for community recreational programs, noting that it would be rescheduled at a later date.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Facilities and Capital Improvements/Municipalities
Outdoor Recreation
Request from Facilities and Capital Improvements for approval to name the property purchased in Paisley, through the Parks and Recreation Capital Improvement Program, "Paisley Community Park", and to place a monument at the park, subject to proper permits being pulled.
Contracts, Leases and Agreements/Fire and Emergency Services
Request from Fire and Emergency Services for approval and execution of the Live Super Doppler 2 Usage Agreement with WESH TV.
Contracts, Leases and Agreements/Education
Fire and Emergency Services
Request from Fire and Emergency Services for approval of the dissolution of the Training Partnership Agreement between the Lake County Board of County Commissioners and the Lake County School Board.
Building Department/Contracts, Leases and Agreements
Growth Management
Request from Growth Management for acceptance and execution of a Developer's Agreement between Lake County and M/I Schottenstein Homes, Inc., for the issuance of two building permits, for model homes, prior to the acceptance and recordation of the Final Plat.
Contracts, Leases and Agreements/Municipalities/Zoning
Growth Management
Request from Growth Management for acceptance and execution of an Agreement between the Board of County Commissioners and David and Linda Peterson, for a Temporary Non-Conforming Zoning Use, to place a travel trailer on property located at 41718 Dahlia Street, Eustis, while final interior work is completed on the conventional home - Commissioner District 4.
Accounts Allowed/Bonds/Growth Management/Zoning
Request from Growth Management for approval to release a Surety Bond (No. 41-057-999), in the amount of $5,000.00, to Merrill Insurance Group, for Marlin Cassidy; and revocation of CUP
No. 90/12/1-5, for the placement of a mobile home, for the care of the infirm.
Bonds - Mobile Home/Growth Management
Request from Growth Management for approval of cancellation of the following Mobile Home Bonds:
MB 3-93-5 Paul Schumann
MB 8-94-3 Gail Bori
MB 19-94-2 Carl Davidson
County Employees/Human Resources
Request from Human Resources for approval of certificates for employees with one and three years of service to the County.
County Employees/Human Resources
Request from Human Resources for approval of the reclassification/upgrade of the Human Services Manager position, in the Department of Community Services, Human Services Division, Administration.
Contracts, Leases and Agreements/Roads-County and State
Road Projects/Public Works/State Agencies
Request from Public Works for approval and execution of an Agreement between Lake County and the Florida Department of Transportation, pertaining to the widening of US 441, between Lakes Boulevard (Leesburg) and the SR 10/C-500A (Old 441) intersection (Tavares).
Accounts Allowed/Contracts, Leases and Agreements
Public Works/Resolutions/Roads-County and State/Subdivisions
Request from Public Works for acceptance of the Final Plat, for the Savannas Phase 2A Subdivision; approval and execution of a Developer's Agreement, for maintenance of improvements, between Lake County and M/I Schottenstein Homes, Inc.; acceptance of a Letter of Credit, for maintenance, in the amount of $5,745.00; and approval and execution of a Resolution accepting the following roads into the County Road Maintenance System: Cinnamon Fern Loop "Part" (2-0258A) and Green Point Court (2-0258C) - Commissioner District 2.
Municipalities/Public Works/Roads-County and State
Request from Public Works for acceptance of a Maintenance Map, for Woodlea Road (3-3840), in the Tavares area.
Municipalities/Public Works/Roads-County and State
Request from Public Works for acceptance of a Maintenance Map, for Lake Burns Road (5-7575), in the Umatilla area.
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for acceptance of the following deeds:
Statutory Warranty
Carl H. Burns and Nancy Katherine Burns
Calvin Lee Road (2-0609)
Eugene W. Sprouse, Jr. and Marijane R. Sprouse
Grand Island Shores Road (2-6249)
Non-Exclusive Easement
Edward L. Maness and Esther A. Maness
Washington Street (2-1368A)
Home Depot U.S.A., Inc.
Cross Access - U.S. 441
Purchasing
Request from Purchasing for approval to seek bids, proposals and professional services; approval to waive bid requirements, accept quotes and issue purchase orders; approval to award bids and proposals and issue purchase orders for services or commodities from annual bids, state contracts, G.S.A. or cooperative bids; purchase orders for services or commodities that are not bid or quoted, or, if they are OEM repairs; and approval and execution of contracts, agreements, amendments, and encumbrance of funds, as follows:
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DEPARTMENT AMOUNT
Public Works $75,000.00
Permission to negotiate a contract with Tindale-Oliver & Associates, Inc., the number one ranked respondent for Proposal 97-001 (Lake County Transit Development Plan), and proceed, by following the guidelines set forth in LCC-19 and Florida Statute 287.055, Section 5. On January 14, 1997, the selection committee held public oral presentations with three firms which were short listed and submit the following ranking:
1. Tindale-Oliver & Associates, Inc.
2. JHK & Associates, Inc.
3. BRW, Inc.
Funding for this project will be from the Transportation Trust Fund, which will subsequently be reimbursed by Impact Fees. Account No. 112.5055100.541.8300310.
DEPARTMENT AMOUNT
Public Works $100,000.00
Permission to negotiate a contract with Tindale-Oliver & Associates, Inc., the number one ranked respondent for Proposal 97-010 (Transportation Study Model Validation/Year 2020 Update), and proceed, by following the guidelines set forth in LCC-19 and Florida Statute 287.055, Section 5. On January 14, 1997, the selection committee held public oral presentations with three firms which were short listed and submit the following ranking:
1. Tindale-Oliver & Associates, Inc.
2. Post, Buckley, Schuh & Jernigan
3. JHK & Associates, Inc.
Funding for this project will be from the Transportation Trust Fund, which will subsequently be reimbursed by Impact Fees. Account No. 112.5055100.541.8300310.
DEPARTMENT AMOUNT
Sheriff's Office $4,800.00
Dip-A-Dee Donuts, Inc./Approve and execute lease agreement for the month to month rental of two (2) storage spaces, located at 1374 North Boulevard, Leesburg, Florida; subject to final review and approval by the County Attorney. Funding will be from Account No. 001.7073200.521.8300440.
Assessments/Roads-County and State/Solid Waste
Request from Solid Waste for approval and execution of 20 Satisfaction of Assessment Liens, for road assessments, as follows:
ASSESSMENT NO. NAME DATE PAID
661250 James M. & Renee E. Sams 11/06/96
669003 James S. & Annette L. Curth 12/03/96
671005 Larry D. Sisson 12/16/96
671039 Roy L. & Ruth Anne McKenzie 12/03/96
671088 Roy L. & Ruth Anne McKenzie 12/03/96
671109 Roy L. & Ruth Anne McKenzie 12/03/96
679005 Margaret P. Haslett 11/26/96
683006 Frank H. Lemcke 11/26/96
684012 Mary Ann Bolls Scales 11/01/96
686006 Doris Hawking 11/15/96
686008 Rena M. & Reginald Austwick 11/14/96
686009 Robert C. Johnson (Life Estate) 11/20/96
686010 Robert C. Johnson (Trustee) 11/20/96
686014 Roger L. & Lavonne Justice 11/18/96
686016 Robert Irwin 11/04/96
686018 Dorenne Rogers (Estate) 11/15/96
686019 Walter A. & Mary Noble 11/13/96
686022 Conrad E. & Barbara Smith 11/18/96
686023 John Wesley Wilson 11/15/96
686027 Larry Williamson 11/18/96
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Ms. Lourdes Ramos, Personnel Manager, Human Resources, appeared before the Board and noted the accomplishments of each of the employees receiving awards this date.
Commr. Good presented said employees with Employee Awards, as follows:
Plaques to Employees with Five Years of Service to the County
Michael Cordle, Firefighter/EMT, Fire and Emergency Services/Fire/Rescue Division
Randy P. Dean, Equipment Operator III, Public Works/Roads Division/Maintenance Area III (Umatilla)
Rene' Segraves, Chief Animal Control Officer, Fire and Emergency Services/Animal Control Division
Plaques to Employees with Ten Years of Service to the County
Marcella Donaldson, Community Service Officer, Community Services/Probation Services Division
Robert Klaassen, Laborer, Facilities and Capital Improvements/Fairgrounds Section
Joanne R. Meyer, Executive Secretary, Agricultural Education Services/Lake Soil and Water Conservation District
Gary R. Steverson, Equipment Operator III, Public Works/Roads Division/Maintenance Area III (Umatilla)
Stephen A. Thompson, Chief Building Inspector, Growth Management/Building Services Division/Main Office
Plaque and Bond to Employee of the Quarter, 1st Quarter (October, November, December)
Dorothy G. Jackson, Emergency Management Specialist, Fire and Emergency Services/Emergency Management Division
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Commr. Good presented "PRIDE" Certificates, as follows:
County Attorney's Office
Bruce Duncan (Not Present)
Community Services
Allison Thall - Division of Human Services
Facilities and Capital Improvements
Henry C. Eschenberg, Jr., Exposition and Fairgrounds
Department of Growth Management
Jeffrey Richardson - Division of Planning and Development Services
Norman Beserock - Division of Planning and Development Services
Office of Human Resources
Terri Davis - Risk Management
Department of Public Works
Kathy McDonald - Public Works
Teresa Driggers - Fleet Maintenance
Gerry Bramlett - Mosquito and Aquatic Plant Management
Solid Waste Management Services
John A. Carlson
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
LAKE COUNTY BOARD AND COMMITTEES AWARDS
Commr. Good presented a plaque to Mr. Edd Holder, for his service to Lake County as a member of the Lake County Industrial Development Authority, from 1991-1997.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION OF RESOLUTIONS
Commr. Good presented Resolutions, as follows:
Resolutions to Two South Lake Football Players
Resolutions to Mark Marshall and Eric Fiducia, recognizing their outstanding athletic achievements in the field of football and on being selected to play in the Florida Athletic Coaches Association All-Star Football Game.
Resolutions to Four Local High School Artists and Their Teachers
Resolutions to art students Ashley Carson, Kimberlee Mortimer, Kyle Ulinger, and Thomas Martin, congratulating them on their outstanding artistic abilities; and their teachers Susan Weinstock and Belinda Russo, for their continued support.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
STATE AGENCIES/WATER RESOURCES
Mr. Gene Caputo, Intergovernmental Coordinator, St. Johns River Water Management District, appeared before the Board and gave a presentation regarding the Water Resource Atlas for Lake County, a tool for creating land and water partnerships, which he distributed to the Board. He discussed how the Atlas was prepared and what it represents, at which time he commended Ms. Sharon Farrell, Senior Director, Growth Management; Ms. Paula Blazer, Environmental Programs Supervisor, Environmental Services, Growth Management; and Mr. Paul Bergmann, Director, Planning Department, Growth Management, for their hard work in the development of the Atlas. He reviewed various maps contained in the Atlas and answered questions regarding same. He stated that the SJRWMD is very excited about the Atlas, noting that it is a culmination of a long-running effort and the beginning of being able to provide to the County a far more refined level of information, to help the County in its decision making process. He noted that, because of the nature of it, the size of it, and the cost of it, it is not one of the SJRWMD's general mass distribution publications, but is available upon request.
Commr. Swartz encouraged the Growth Management Department to see what types of larger scale maps than what is contained in the Atlas can be obtained, to provide as overlays for the County's Comprehensive Land Use Maps. He stated that the County could probably modify its maps, if necessary. He stated that he would like to see them available, for a number of the different categories that are provided in the Atlas.
Mr. Caputo stated that, depending on the scale of the County's maps, if it is reasonably close to what the SJRWMD can do, they can produce it at the County's scale. He stated that the Atlas is available on the Internet, but it cannot be manipulated or enlarged. He stated that the information contained in the Atlas is approximately 18 to 24 months old, however, noted that it is the most up-to-date information that the SJRWMD has available at the present time. He stated that it was created to provide to local staff and elected bodies the type of information that would be helpful to them.
It was noted that any future updates or additions to the Atlas would be brought to the attention of the Board, as they occur.
The Board thanked Mr. Caputo for his presentation.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Nettie Jo Rodney and Mr. Robert Gardner, residents of Tavares, appeared before the Board and addressed the issue of the recent fish kill in Lake Dora, noting that the stench from the thousands of dead fish was unbearable. They requested the County's help in cleaning up the dead fish.
Considerable discussion occurred regarding the matter, at which time Ms. Sue Whittle, County Manager, informed the Board that her staff spent most of the day talking to a number of residents, in the areas where the fish kill had the most impact, about the problem. She stated that she had Mr. Jim Stivender, Jr., Senior Director, Public Works, contact a number of people, in looking for sources that might be able to assist in a cleanup that would get the dead fish out of the heaviest impacted areas. She stated that the County does not have a department that would deal with this sort of problem, noting that it is not a usual occurrence, therefore, is not something that the County plans or budgets for, nor does the County have the manpower or resources to handle the problem.
Ms. Whittle stated that the County had a fish kill of this magnitude approximately ten years ago and that there was an effort, at that time, between the Florida Game and Fresh Water Fish Commission, the Water Authority, the County, and the City of Tavares, all working together, to assist the citizens in cleaning up the dead fish. She stated that she would have Mr. Jim Stivender, Senior Director, Public Works, and Mr. Don Post, Senior Director, Solid Waste, work with those agencies, to coordinate some sort of cleanup effort, this date, to try to provide some relief to the citizens.
WORKSHOP
STORMWATER QUARTERLY REPORT FOR 4TH QUARTER FISCAL YEAR
1995-96 AND 1ST QUARTER FISCAL YEAR 1996-97
REPORTS/PUBLIC WORKS
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a follow-up from the last meeting on the issue of Stormwater.
Ms. Lora Bailey, Engineer III, Public Works, appeared before the Board and presented the Stormwater Quarterly Report for 4th Quarter Fiscal Year 1995-96 and 1st Quarter Fiscal Year 1996-97. She reviewed various slides, indicating where the program started, where the County has been over the last three years, where it is going, and options to consider, at which time she answered questions regarding same. She noted that, to date, the County has spent approximately $470,000.00 on the program, for staff time and contractual studies. She stated that the purpose of this presentation was to start with the 1991 Stormwater Needs Assessment information, present what the County can realistically accomplish today, and try to find somewhere in the middle.
Mr. Stivender stated that staff had talked about taking the 1991 Stormwater Needs Assessment information and creating something that the County does not have, which is a program of maintenance that is more in line with what the situation is today, along with basin studies that are more in line with what has happened over the last six to seven years, bring it current, and then propose a program that is two to five years away. He stated that, for items such as larger capital projects, it would be a longer length of time. He stated that staff is trying to develop a program that will address the needs, as they exist today.
A brief discussion occurred regarding Hick's Ditch and problems the County is faced with regarding it, in that, whenever a ditch is cleaned out to increase water flow, it negatively impacts the body of water toward which said water is flowing, so, what is gained in water quantity is lost in water quality. It was noted that the County needs to begin to more regularly address the quality issue, when it addresses controlling quantity of water and flood control.
Ms. Bailey, Engineer III, Public Works, discussed the enhanced program, noting that the plan is to cut down overall costs for the future. She stated that the emphasis has been placed on proper stormwater management practices, with new development in county road projects. She stated that anytime staff can address a problem that was identified in 1991, through a current project, they do so. She reviewed the various options for moving forward, being:
. Continue Program Status Quo
. Preparation of FY 1997-98 Budget is Beginning
. Budget Submittal to Include Outstanding Projects
(Hicks Ditch, Lake Gertrude, Pine Harbor, Continued
Basin Studies, Additional Maintenance Assistance)
. Investigate/Assess Additional Funding Options with Professional Help
Ms. Bailey stated that, at the current funding levels, basin
studies will not continue and other activities are not moving forward, such as the Lake Gertrude study, the Hicks Ditch cleaning, and Pine Harbor, Phase III. She discussed the current program (things the County said it would do) versus the enhanced program (things the County is doing). She discussed special assessment requirements, being the development of a conceptual rate structure and work plan and the implementation of an assessment structure. She stated that the County needs to investigate and assess additional funding options, with the help of professionals, for Phases I, II, and III. She reviewed the timeline for Phases I, II, and III, as follows:
Timeline - Phase I
. Assessing The Assessment
. Appoint a Formal Citizens' Task Force
. Consider Appointing an Informal Technical Task Force
. Assess Property Appraiser's Records (Consultant)
. Consider Nominal Fee Assessment for November, 1997, to Begin Maintenance, Study, and to Develop Detailed Program
. Determine Whether Full Assessment is Feasible (may be technically possible to have full assessment in place first year, starting this late, but highly unlikely)
. Provide Legal Council for Options to be Looked at (if Lake County chooses to look at more options than a simple assessment)
- Apportionment Methodology
. Estimate Revenue Scenarios
. Analyze Available Assistance
. Estimate Start-up Costs
. Prepare Presentation for BCC in Preparation for Public Involvement
. Begin Phase II
Timeline - Phase II
. Public Involvement Program
. Presume Nothing
. Present Stormwater Management Options
. Present Funding Options
. Develop and Use a Questionnaire
. Draw Conclusions
. Prepare Presentation for BCC Concluding Public
Involvement Lessons
. Begin Phase III
Timeline - Phase III
. Implementation
. Development of Data Structure
. Development of Billing System
. Review Budgets and Service Areas
. Development of Rate Ordinances and Rate Resolutions
. Execution of Preliminary and Final Roll
. Start Billing - Step Up Program Accordingly
Ms. Bailey stated that the next steps would be, as follows:
. Prepare a Video
. Get Professional Assistance to Investigate Options
. Meet with BCC, Following Professional Assessment
. FY 97/98 Budget Request Will be Prepared, Inclusive of Known Current Needs and Comprehensive Plan Requirements . Lake Gertrude Study
. Hicks Ditch Cleaning
. Pine Harbor, Phase III
. Basin Study
. Topo Mapping
. Resume Public Meetings
Ms. Bailey stated that staff would like to continue with the assessment of the 1991 study, in-house, and make sure that things that were recommended in 1991 have been addressed. She stated that they would also like to continue to do flood determinations, continue with assistance to the Road Operations Division, and pursue some internal basin studies.
Commr. Hanson stated that she agreed with having a Citizens' Task Force, however, noted that Lake County is unusual, in that it has a Water Authority, which most of the other counties in the State do not have. She stated that the voters of Lake County voted, in the early 1980s, to have up to one mill used for water quality. She stated that the Charter of the Water Authority would allow those dollars to be used for stormwater. She stated that, currently, the millage is under one-half mill, however, noted that there is space for up to one mill to be used. She stated that the Water Authority has focused mainly on land acquisition and has left out stormwater, or water quality. She stated that the Water Authority's purpose is to deal with water quality, therefore, feels it would be redundant to have two agencies doing the same thing. She strongly urged that the Water Authority be looked at, as an alternative funding source.
Mr. Stivender, Senior Director, Public Works, informed the Board that staff wanted to bring said information to their attention. He noted that they would get with the County Manager's Office and obtain direction as to what to bring to the Board at a later date. He stated that staff wanted the Board to be aware of all the work that they had put into this matter and where the County is, to date.
No action was taken at this time.
Commr. Good thanked the Public Works staff for their presentation, noting that it was very informative and that the technology used, during the presentation, made it visually easy to understand.
RECESS AND REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess until 11:00 a.m.
WORKSHOP
STORMWATER QUARTERLY REPORT FOR 4TH QUARTER FISCAL YEAR
1995-96 AND 1ST QUARTER FISCAL YEAR 1996-97
REPORTS/PUBLIC WORKS (CONT'D.)
Commr. Hanson informed the Board, for informational purposes, that the Lake Gertrude Basin Study was going to cost approximately $160,000.00. She stated that Mt. Dora has agreed to contribute $64,368.00 toward said study; the St. Johns River Water Management District will pay up to $50,000.00; and Lake County will pay $48,276.00. She noted that it was an area that had major problems, during the last flooding season.
Commr. Swartz suggested that staff bring said issue back to the Board, at a later date, so that they will know the details - the scope of the study, where said cost figures came from, and how it fits into the overall basin study that the County is doing.
Commr. Hanson stated that she felt the issue should be brought back to the Board, as soon as possible, because Mt. Dora was ready to do it today and she did not know how long the offer would be there.
Commr. Swartz stated that he had a concern about putting more studies on the shelf, until the County can identify some revenue sources, to solve some of the issues, and make sure that they are prioritized. He stated that he would support bringing the matter back to the Board, at a later date, for discussion, but, before he would support going forward and spending matching dollars for a study, would want to make sure that there are matching dollars to implement corrective action.
Commr. Hanson stated that this was the reason she felt a task force committee would be helpful, to look at funding sources.
It was noted that the matter would be brought back to the Board, at a later date.
No action was taken at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES
RESOLUTIONS
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that the current member had been transferred and this request was for approval of his replacement.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of a Resolution appointing Mr. Daryl Cooper, a USDA Rural Development member, to the Lake County Affordable Housing Advisory Committee.
COMMITTEES/COMMUNITY SERVICES/RESOLUTIONS
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that the Resolution in question creates the Citizen Advisory Task Force. He stated, however, that the Resolution calls for a membership of five individuals who reside and are familiar with the project area.
A motion was made by Commr. Hanson and seconded by Commr. Swartz to approve a request from Community Services for approval and execution of a Resolution creating the Lake County Citizen Advisory Task Force, as required by the Community Development Block Grant.
Under discussion, Commr. Swartz questioned whether the law requires that members of the task force reside in the project area, or whether the Resolution could provide that they reside in or are familiar with the project area.
Mr. Sandy Minkoff, County Attorney, interjected that the law does not require that said members reside in the project area.
A brief discussion occurred regarding the matter, at which time Commr. Swartz suggested that the language contained in Section 2 - Membership, Line 3, on Page 2 of the Resolution, be changed to state, "...reside in or are familiar with the project area..."
A motion was made by Commr. Swartz and seconded by Commr. Cadwell to amend the motion and amend Section 2 - Membership, Line 3, on Page 2 of the Resolution, to state "...members who reside in or are familiar with the project area..."
The Chairman called for a vote on the amendment, which was carried unanimously, by a 5-0 vote.
The Chairman then called for a vote on the amended motion, which was carried unanimously, by a 5-0 vote.
COMMITTEES/COMMUNITY SERVICES/GRANTS
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that it was a request for approval of the Citizen's Participation Plan, as well as the appointment of five task force members.
A brief discussion occurred regarding the matter, at which time it was determined that the Board would approve the request in two separate motions.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of the Citizen's Participation Plan, with regard to the Community Development Block Grant (CDBG) Program.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for the appointment of five individuals to serve on the Lake County Community Advisory Task Force, in support of the Community Development Block Grant (CDBG) Program, and that said individuals be appointed to serve through denial of the grant application, or close-out of the grant, whichever is sooner, and appointed the following five individuals:
Ms. Frances N. Binning
Ms. Lenora Corley
Mr. Michael E. Lucas
Ms. Mary Jean Read
Mr. Daniel Tobin
COMMUNITY SERVICES/GRANTS/EDUCATION/STATE AGENCIES
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that, at the Board Advance Meeting that was held several days ago, the Board discussed the AmeriCorps Program grant and the fact that the County was encouraging the School Board to step forward and apply for the grant, due to the fact that it is a school based program and they are in a better position to support it and have the resources to develop it. He stated that it is a reading program that is having a great impact on the children in the elementary schools, noting that approximately 80 children are currently involved, of which 40% have seen a grade improvement level of two grades or more.
A motion was made by Commr. Hanson and seconded by Commr. Swartz to approve a request from Community Services for authorization for staff to send a letter of endorsement to the Lake County School Board, for the 1997-98 AmeriCorps Program grant.
Under discussion, Ms. Lee Bailey, Grant Writer for Lake County Schools, appeared before the Board stating that Mr. Robert Zeilinger, Principal of Eustis Elementary School, brought this matter to the attention of the Lake County Schools Administration Office and was directed to go forward with the project. She stated that it is scheduled to be presented to the School Board at their next regularly scheduled meeting. She stated that they would like to continue the project, with a few variations, one being to add an after school component, which they feel is crucial to making the program even better. She stated that they would also like for the County to consider donating some dollars, approximately $10,000.00, which she noted is all that would be required to make the program a win/win situation for all involved.
It was noted that the deadline date for this project is February 27, 1997.
Mr. Zeilinger, Principal, Eustis Elementary School, appeared before the Board and thanked them for their foresight in starting this program. He stated that the School System is seeing greater self-esteem in the children that are involved in the program, they now have a desire to be in school, and discipline problems involving them have been reduced.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
GROWTH MANAGEMENT/ORDINANCES/ZONING
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that staff was requesting approval to advertise an ordinance to go through three sections of the Code, to provide for consistency, in that, instead of citing alternating current, or not citing any Code at all, staff would like to cite the National Electrical Code, as adopted by the Board of County Commissioners. She stated that it is a straight forward change, but one that is overdue. She stated that the current section of the Code, pertaining to same, is out-of-date with the structures. She stated that, as long as staff can cite the National Electrical Code, whatever changes take place in the industry, the County will be up with.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to advertise an ordinance amending the Lake County Code, Appendix E, Land Development Regulations; amending Chapter III, Zoning District Regulations; providing for the amendment of Section 3.02.08, Bulk Regulations, for the RV District, Subsection J. Electricity; Chapter X, Accessory and Temporary Structures and Uses, Section 10.01.04, Satellite Dish Antenna, Subsection A. Standards; and Section 10.03.00, Open Air Vendors, Subsection C. Requirements.
GROWTH MANAGEMENT/ORDINANCES/PLANNING DEPARTMENT
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it was a request for approval to advertise an ordinance amending Appendix E of the Lake County Code, Resource Protection Standards. She stated that this request was two-fold, being that, in 1995, the Board approved to put a procedure in the Policies and Procedures Manual that staff feels is an odd place for a Land Development Regulation (LDR) process to be located. She stated that staff was requesting to take it out of the Policies and Procedures Manual and put it into the LDRs, where it belongs, and then make some minor changes to it. She stated that it only cites residential dwellings, for setbacks, and does not cite accessory structures, so what staff tried to do with the change was go in and work with principal structures and keep the definition of existing development under existing development lots. She stated that staff added zoning district setbacks, as well. She stated that they cited accessory structures, which were not cited in the old Code, and noted that the rest of the changes were consistency with the County's Comprehensive Plan.
Ms. Farrell noted that staff sent a copy of said ordinance to the Home Builders Association of Lake County, for their perusal, and has not received any concerns or comments from them.
A brief discussion occurred regarding the matter, at which time Ms. Farrell answered questions from the Board regarding same. She stated that the Ordinance was not as tight as staff would like it to be, to use on a daily basis, however, knowing that they can take a request to the Board of Adjustments, if they are uncomfortable with it, helps tremendously. She noted that the requests are handled on a case-by-case basis.
Commr. Swartz questioned what the County is doing, with regard to old lots that have been platted and approved, however, could not reasonably meet the new setback requirements that, eventually, the new lots that are being approved would have no problem with.
Ms. Farrell stated that the engineers that are working with staff on Lake County projects are well aware of the setback requirement, so that has not been a problem.
Mr. Minkoff interjected that staff was only talking about existing developments, lots that were in place before 1992, so new lots would not be subject to this exception. He stated that, for new lots, one would have to obtain a variance in any case, to exceed the 50 foot requirement.
Commr. Swartz questioned whether staff should advertise the Ordinance and try to create some language that might deal with the matter, or the "as landward as possible" question, or wait and try to get some language before moving forward.
Mr. Minkoff stated that the County needed to move forward with the matter, because the current language is terrible and impossible to administer. He stated that it is going to be tough to create a rule that is going to work for everybody.
Commr. Good requested clarification regarding the language contained on Page 4, Line 7, of the Ordinance, with regard to Upland Buffer Zones. He noted that the word limbie was removed and replaced with the word aquatic.
Ms. Farrell stated that said change was consistent with the existing language in the LDRs.
Commr. Good then requested clarification regarding Section 6.01.05, Non-Isolated Standards.
A brief discussion occurred regarding the matter, at which time it was noted that the County is using non-isolated standards.
A motion was made by Commr. Hanson and seconded by Commr. Swartz to approve a request from Growth Management for approval to advertise an ordinance amending Appendix E of the Lake County Codification, amending Chapter VI, Resource Protection Standards; providing for the amendment of Sections 6.02.00-6.02.02, Shoreline Protection and Revocation of Wetland Setbacks Procedure LDR-1, adopted January 24, 1995.
Under discussion, Commr. Swartz stated that he was trying to suggest, as someone moves as landward as possible (50 feet), that the County allow the impervious ratio to be a higher percentage than they might otherwise, which might help the situation.
Ms. Farrell stated that it has not been an issue, to date.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PUBLIC WORKS/ROADS-COUNTY AND STATE/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request for permission to permit Phases I and II of the Maggie Jones Road Project. He stated that a lot of the information contained in the Board's backup material was based on the December 17, 1996 Board Meeting and that he was bringing forward the issues that the Board had requested. He stated that, since that date, staff has met with the Department of Environmental Protection (DEP) and that the Board's backup material contained a letter of response from them. He brought the Board up-to-date, as to what has transpired up to this point, with regard to the matter, and reviewed various pictures of the area in question, indicating what staff has proposed to do, to satisfy DEP's requirements. He noted that the County has offered to plant two strips of pine trees, along both sides of Maggie Jones Road, which will satisfy DEP's requirement for the trees that were removed in that area.
It was suggested that the trees be staggered and that they be clumped, in some areas, for a more natural effect.
Mr. Stivender stated that the cost for restoration and planting the pine trees will be approximately $15,000.00 per acre, for Phase I, and $450.00 total, for Phase II. He noted that the trees are ready to be planted in the Phase II area; however, the Phase I area is not quite ready for planting.
Commr. Hanson stated that she felt this proposal was a common sense plan for restoration and enhancement of the forested wetlands system in this area.
Commr. Good stated that he felt this solution was as close a scientific compensation that the County could get and was encouraged to see the County moving in that direction. He stated that it was a step forward and commended staff for their work and for bringing it to the Board's attention.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the final submittal, to complete the permitting requirements for Maggie Jones Road, Phases I and II.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/SOLID WASTE
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Larry Benton to the vacant Citizen-At-Large Representative position on the County-wide Solid Waste Study Committee, replacing Mr. Herbert S. Harrison, III, whose term expires June 30, 1997.
REPORTS
COMMISSIONER GOOD
ORDINANCES
Commr. Good informed the Board that he had been requested to bring this ordinance forward, for advertisement, by a constituent in south Lake County, noting that it addresses the discharge of firearms in certain cited land uses.
Discussion occurred regarding the matter, at which time Commr. Cadwell stated that he would rather have a group of citizens, law enforcement personnel, and gun users sit down and discuss the ordinance, in an organized manner, before advertising it.
Commrs. Hanson and Swartz concurred.
A motion was made by Commr. Swartz and seconded by Commr. Hanson to deny a request to advertise an ordinance regulating the discharge of firearms, at this time, and to schedule a public hearing, to be held at a later date, for input from the citizens of the County, as well as various groups.
Under discussion, Commr. Gerber requested that plenty of copies of the proposed ordinance be made available to the public, before the Board acts on it.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
REPORTS
COUNTY ATTORNEY
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, brought to the Board's attention an accident that occurred on Hwy. 441, in Leesburg, on January 1, 1997, involving a county vehicle. He stated that the County vehicle was the cause of the accident and that a claim has been filed, for damages to the other vehicle, for just under $6,000.00. He stated that staff would like to settle the claim and pay the damages, to minimize rental expense, or loss of use claims that may be filed against the County. He stated that a state employee (Public Health Department) was driving the car; however, the County is liable, because it owns the vehicle.
A brief discussion occurred regarding the matter.
It was noted that the claimant is Mr. Rex Smith.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request by the County Attorney to settle a claim, amounting to just under $6,000.00, in which a county vehicle was involved in an automobile accident, on Hwy. 441, in Leesburg.
REPORTS
COMMISSIONER GERBER
COUNTY EMPLOYEES/LANDFILL
Commr. Gerber brought to the attention of the Board, for informational purposes, a part-time county employee, Mr. Richard Stout, that is employed at the County's Lady Lake transfer station and what he has done to beautify the area. She displayed pictures that were taken of the employee and a garden that he has planted at the transfer station. She commended him for planting the garden and beautifying the area.
It was noted that said employee is now a full-time employee.
ADDENDUM NO. 1
REPORTS
COMMISSIONER SWARTZ
RESOLUTIONS
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming the month of February, 1997, as "Viola Days".
COMMISSIONERS
At 1:00 p.m., Commr. Cadwell left the meeting, due to another commitment.
ADDENDUM NO. 1
REPORTS
COMMISSIONER SWARTZ
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-0 vote, the Board appointed Ms. Leslie Little as the Economic Development Commission's Lake County representative to the Lake/Sumter Service Delivery Area Board.
Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, by a 4-0 vote, the Board appointed Mr. James Archey as the Community-based Organization representative to the Lake/Sumter Delivery Area Board.
Commr. Cadwell was not present for the discussion or vote.
RECESS AND REASSEMBLY
At 1:05 p.m., the Chairman announced that the Board would recess until 4:45 p.m., for a Closed Session, regarding a lawsuit that was filed against the County.
CLOSED SESSION OF THE BOARD OF COUNTY COMMISSIONERS
COUNTY ATTORNEY/COMMISSIONERS/SUITS AGAINST THE COUNTY
The Board reconvened at 4:45 p.m., at which time Commr. Good announced that the Board would go into a Closed Session, regarding a lawsuit that was filed against the County.
Commissioners present at the Closed Session were: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; and Sanford (Sandy) A. Minkoff, County Attorney.
It was noted that a court reporter was present recording the session and that the sound system and video system would be shut off, during the Closed Session.
RECESS AND REASSEMBLY
At 5:05 p.m., the Board reconvened for a public hearing regarding an Ordinance Creating Chapter 8, Enforcement of the Code, Relating to Smoking in, on, or within 1,000 Feet of School Property.
PUBLIC HEARING
EDUCATION/ORDINANCES/SHERIFF'S DEPARTMENT
The proposed ordinance was placed on the floor for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING CHAPTER 8, ENFORCEMENT OF THE CODE, CONSISTING OF ARTICLE I, IN GENERAL; AND ARTICLE II, SMOKING IN, ON, OR WITHIN 1,000 FEET OF SCHOOL PROPERTY; PROVIDING FOR AUTHORITY TO ENACT THE ORDINANCE; PROVIDING INTENT AND PURPOSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
Mr. Sandy Minkoff, County Attorney, informed the Board that, during its last session, the Legislature passed a statute which created the law that made it a violation to smoke tobacco, by minors, in, on, or within 1,000 feet of school property. He stated that the Statute provides that the law would be enforced by the handing out of citations, by law enforcement agencies, and requires that the Board of County Commissioners, or the City, as the case may be, approve the form of the citation. He stated that the Sheriff's previous attorney, upon request of the School Resource Officers, brought the matter to the County Attorney's Office and asked that an ordinance be prepared.
Discussion occurred regarding whether or not the Sheriff, George Knupp, had actually requested that the proposed ordinance be prepared, at which time Mr. Minkoff, County Attorney, stated that the Sheriff was aware of the proposed ordinance, because he was provided with a copy of same; however, he was not sure that one could correctly say that the Sheriff had requested that the proposed ordinance be prepared, but that his attorney had requested that the County Attorney's Office prepare it. He further stated that the proposed ordinance implements the Statute and noted that, if it is passed, the form of the citation will be established by Resolution.
A brief discussion occurred regarding the matter, at which time it was noted that, if one was on private property, but not within the residence, one would not be in violation of this law, if one was a minor and smoking tobacco.
Captain Claude Gnann, Sheriff's Department, appeared before the Board stating that the Sheriff did not personally initiate this request, however, would support whatever the Board decided to do, although it would not be considered a high priority item. He noted that the request apparently came from some School Resource Officers, who were well meaning.
Commr. Cadwell stated that, being there are not School Resource Officers in every school, he did not know how the County would enforce this law, and he felt the County had a lot more important things to do than to try to enforce it.
Commr. Hanson concurred with Commr. Cadwell.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board denied an Ordinance Creating Chapter 8, Enforcement of the Code, Relating to Smoking in, on, or within 1,000 Feet of School Property, as read on its first and final reading, by title only.
It was noted that one letter, in opposition to the request, was on file.
REPORTS
COUNTY MANAGER
PUBLIC WORKS/SOLID WASTE
Ms. Sue Whittle, County Manager, distributed to the Board, for informational purposes, a Press Release that had been distributed this date, indicating the County's cleanup efforts, in conjunction with other local agencies, with regard to the fish kill that was brought to the Board's attention earlier in the meeting, during the Citizen Question and Answer Period. The release stated that the County agreed to serve as a catalyst in a cleanup effort that is scheduled to begin Wednesday morning, February 6, 1997. It further stated that several agencies, including the Lake County Board of County Commissioners and the Sheriff's Office, along with the Solid Waste Department, the Road Operations Division of the Public Works Department, Mosquito and Aquatic Plant Management, and the Lake County Water Authority, as well as Hottinger Construction, would be working together, to provide relief to the citizens of the County, with regard to this matter.
REPORTS
COMMISSIONER HANSON
MISCELLANEOUS
Commr. Hanson informed the Board, for informational purposes, that the Florida Arts Council will be at the Mt. Dora Center for the Arts, at 6:00 p.m., this date.
It was noted that they are touring the County.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:30 p.m.
_______________________________
WILLIAM "BILL" H. GOOD, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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