The Lake County Board of County Commissioners met in regular session on Tuesday, April 1, 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; Welton G. Cadwell; and Rhonda H. Gerber. Catherine C. Hanson was not present. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; Barbara H. Lehman, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted corrections to the printed Itemized Agenda, as follows:
Page 2, Item IV. - insert Tabs 3 through 29.
Page 10 - change "TRAINING ROOM - ROOM #233" to BOARD ROOM.
Page 11, Tab 33 - change "Approval and execution" to Approval to advertise.
Page 11, Tab 35 - list under new heading C. Solid Waste.
Ms. Whittle noted that a published Addendum No. 1 had been added to the agenda.
Commr. Cadwell requested approval to add an appointment to the Human Services Grant Advisory Committee.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to add to the agenda a request for approval of an appointment to the Human Services Grant Advisory Committee.
Commr. Hanson was not present for the discussion or vote.
Mr. Sandy Minkoff, County Attorney, requested that the Board discuss, under Reports, the case of Yusem v. Martin County, regarding Comprehensive Plan Amendments.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to add to the agenda discussion of Yusem v. Martin County regarding Comprehensive Plan Amendments.
Commr. Hanson was not present for the discussion or vote.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the following requests:
Commr. Hanson was not present for the vote.
Accounts Allowed/Budget Transfers
Request for approval of the following Budget Adjustments for FY 96/97 from the Office of County Finance, as follows:
Transfer and Authorization to Pay:
Fund: General
Department: Growth Management
From: Roads $22,076
To: Aids to Private Organizations $22,076
Transfer #: 97-093
Justification: Transfer to reclassify funds previously budgeted in CDBG for Impact Fees to the City of Eustis for water and sewer which are not covered under the grant. Authorization to expend funds to pay connection fees for 14 homes near Eustis.
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment, as follows:
Norman W. Bowen, Case No. #88-1803CF, in the amount of $250.00.
Jeffery T. Morris, Case No. 85-20850TTLC, in the amount of $250.00.
Carol Watson, Case No. 85-18306TT40, in the amount of $250.00.
Bonds - Contractor
Request for approval of Contractor Bonds, as follows:
New
5534-97 Stephen Crain dba A Cool Breeze (Air Conditioning & Electrical Service)
5935-97 Robert G. Houghteling dba Houghteling Construction
Reinstated Cancellation
4612-97 Robert G. Sellers dba Selcon (Concrete Contractor)
Cancellation
5317-97 Backyard Environments, Inc.
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.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds, as follows:
a) Unclaimed excess proceeds for tax deeds totaling $2,705.85.
b) Unclaimed excess proceeds for tax deeds totaling $508.27.
c) Unclaimed excess proceeds for tax deeds totaling $2,601.83.
Reports/Policies
Request to acknowledge receipt of Clerk of Courts Semi Annual Investment Report for Fiscal Year 1996-97, dated December 31, 1996, in accordance with the Investment Policy.
Reports
Request to acknowledge receipt of 1997 Public Facilities Report for Village Center Community Development District in accordance with Chapter 189.415, Florida Statutes.
Reports
Request to acknowledge receipt of 1997 Public Facilities Report for Country Club of Mount Dora Community Development District in accordance with Chapter 189.415, Florida Statutes.
Municipalities/Ordinances
Request to acknowledge receipt of Town of Lady Lake Ordinance No. 97-01, approving a Conditional Use Permit (CUP) for L & W Collision, Towing and Recovery; subject property is located at 114 W. Guava Street; property owned by Walter and Zinna Terenik; passed and adopted by the Town Commission of the Town of Lady Lake, Florida on February 3, 1997.
Municipalities/Ordinances
Request to acknowledge receipt of City of Eustis Ordinance No. 97-03, providing for Voluntary Annexation into the City of Eustis, Florida, that 2.85 acres of land with an existing 1200 square foot garage/storage building on the north side of Old Mt. Dora Road (District Road 4-4767), and for redefinition of the boundaries of the City of Eustis; passed and adopted by the City Commission of the City of Eustis, Florida on March 6, 1997.
Municipalities/Ordinances
Request to acknowledge receipt of City of Leesburg Ordinance No. 97-06, annexing certain property owned by Linda A. Tan, said property consisting of approximately 0.75 acre and being generally located north of S.R. 44, Leg A, approximately 200 feet northwest of the intersection of U.S. Highway 441 and S.R. 44, Leg A, which is contiguous to the city limits of the City of Leesburg; passed and adopted by the City Commission of the City of Leesburg, Florida on February 24, 1997.
Municipalities/Ordinances
Request to acknowledge receipt of Town of Astatula Ordinance No. 1996-H, providing for the voluntary annexation of certain real properties lying adjacent to the municipal boundaries of the Town of Astatula, Florida; passed and adopted by the Town Council of the Town of Astatula on February 10, 1997.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 970114-TP; In Re: Petition for Arbitration of certain terms and conditions of Interconnection Agreement with Sprint-Florida Incorporated, by Vanguard Cellular Systems, Inc. and affiliate Western Florida Cellular Telephone Corporation. Notice is hereby given that a Prehearing Conference will be held on March 31, 1997, and a Public Hearing will be held on April 11, 1997 at the Betty Easley Conference Center, Tallahassee, Florida.
State Agencies/Utilities/Reports
Request to acknowledge receipt of Southwest Florida Water Management District Comprehensive Annual Financial Report for the fiscal year ended September 30, 1996, including the Supplementary Financial Statements Pursuant to OMB Circular A-128 for the year ended September 30, 1996; Management Letter Pursuant to the Rules of the Auditor General for the State of Florida; and the Annual Local Government Financial Report for Fiscal Year 1995-1996, in accordance with Sections 373.507 and 218.32, Florida Statutes.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tab 9, approval and execution of resolution recognizing the accomplishments of Lake County volunteers; to declare April 13-19, 1997 as Volunteer Week; and approval to hold a reception for Lake County volunteers on Thursday, April 24, 1997, from 5:00-7:00 p.m., at the Ag Center in Tavares, be pulled from the consent agenda for discussion.
Commr. Swartz made a motion, which was seconded by Commr. Gerber to approve the following requests with the exception of Tab 9:
Commr. Cadwell noted that Tab 10 and Tab 12, approval of Job Growth Investment Trust Fund monies for Utility Tools, Inc. and Spring North Supply were excellent projects.
Commr. Good noted that a correct page 3 had been distributed prior to the start of the meeting for Tab 10 and Tab 12.
The Chairman called for a vote on the motion, which carried
unanimously by a 4 - 0 vote.
Commr. Hanson was not present for the discussion or vote.
Contracts, Leases & Agreements
Request for approval and execution of Agreement between K.C. Walker, dba Heaven's Gate Productions and Lake County Cooperative Extension Service for promotion and production of bull riding fund raiser event.
Accounts Allowed/Ambulances-Hospital Districts
Request for approval of payment of monthly Medicaid hospital bill, in the amount of $55,217.37; and the Medicaid Nursing Home bill, in the amount of $37,937.16, for the month of January 1997.
Contracts, Leases & Agreements/Health Department
Request to acknowledge For Your Information Item: According to Attachment I.F. of the Agreement between Lake County and the Lake County Health Department, the contract can be amended provided there is no written objection filed. This amendment brings in additional Federal Revenue and decreases funds in several Family Planning Programs.
Grants
Request for acceptance and execution of the Certification Participation for the 1997-98 Federal Anti-Drug Abuse Act Grant Program.
Appointments-Resignations/Medical Examiner
Request for approval and concurrence to reappoint Dr. William H. Shutze as the Medical Examiner for the Fifth Judicial Circuit for a three year term.
Committees/Housing/Resolution
Request for approval and execution of Resolution No. 1997-50 and the Certification Page for adopting the Lake County Housing Assistance Plan for State Fiscal Year 1997/98, 1998/99, and 1999/2000 as approved by the Lake County Affordable Housing Advisory Committee.
Accounts Allowed
Request for approval of Job Growth Investment Trust Fund monies for Utility Tools, Inc. in the amount of $25,000.
Accounts Allowed/Contracts, Leases & Agreements/County Property
Request for approval and execution of Real Estate Purchase and Sale Agreement between Lake County and Sprint North Supply for property in Lake County Central Park in the approximate amount of $426,400.
Accounts Allowed
Request for approval of Job Growth Investment Trust Fund monies for Sprint North Supply in the amount of $96,000.
Contracts, Leases & Agreements/State Agencies
Request for approval and execution of Amendment No. 2 to Agreement between the State of Florida Department of Environmental Protection and Lake County for Palatlakaha River Park.
Resolutions
Request for approval and execution of Proclamation No. 1997-52 proclaiming the week of June 16-20, 1997 as Code Enforcement Officers Appreciation Week.
Contracts, Leases & Agreements/Municipalities
Request for approval and execution of Interlocal Agreement between Lake County and the Town of Howey-in-the-Hills pertaining to contractor licensing and regulation services.
Bonds - Mobile Home
Request for approval and execution of Mobile Home Bond for C.R. Borns to place a mobile home on property located at 37140 Natures Edge Trail during the construction of his conventional home.
Bonds - Mobile Home
Request of cancellation of the following Mobile Home Bonds:
MB 05-95-2 Phyllis and James Warner
MB 1-93-1 David Priebe
County Employees/Human Resources
Request for approval of certificates for employees with one and three years of service.
Accounts Allowed/Contracts, Leases & Agreements/Deeds
Subdivisions
Request for authorization to accept Final Plat for Lake Crescent Pines East Subdivision; approval and execution of Developer's Agreement between Lake County and Siena Home Corporation for performance of improvements; acceptance of an Irrevocable Letter of Credit for performance in the amount of $731,250.00; acceptance of a Letter of Credit for performance of landscape items in the amount of $9,185.00; acceptance of a Special Warranty Deed for Tracts B, C, D, and E; acceptance of a Statutory Conservation Easement Deed for Tract E; and acceptance of a Special Warranty Deed for Tract A.
Accounts Allowed/Bonds/Contracts, Leases & Agreements
Resolutions/Roads-County & State
Request for approval and execution of Developer's Agreement for maintenance of improvements between Lake County and Greater Construction Company for the Greater Pines Phase 3 Plat; acceptance of a maintenance bond in the amount of $21,500.00; release of a performance bond in the amount of $75,570.55; and approval and execution of Resolution No. 1997-53 accepting the following roads into the County Road Maintenance System: Scottish Pine Lane "Part" (#2-1153), Brown Bark Trail "Part" (#2-1153A), Pine Cone Trail (#2-1153C), Spruce Pine Lane (#2-1153D), and Greater Pines Boulevard "Part" (#2-1253).
Contracts, Leases & Agreements/State Agencies
Roads-County & State
Request for approval of a revision to execute an Agreement between Lake County and FDOT pertaining to the US 441 widening.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request for approval and execution of Agreement between Lake County and Engineering Methods and Applications for consultant services for flood insurance studies for Federal Emergency Management Agency Remapping in Lake County, Florida; and two Joint Participation Agreements - one with the City of Leesburg who will contribute $7,784.00 and one with the Oklawaha Basin Recreation Water Conservation and Control Authority who will contribute $32,935.00. Lake County's portion will be $70,657.00. Total cost estimate is $111,376.00.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-54 authorizing the posting of two "STOP" signs on Mt. Homer Road (#3-4956) at Merry Road (#3-4455) extension in the Eustis area.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-55 authorizing the posting of "NO TRUCK" signs at both ends of CR 19A between SR 19 and CR 44 in the northeast Eustis area.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-56 authorizing the posting of "SPEED LIMIT" signs on the following roads: Lake Junietta Dr. (#3-4851A), Azealia Place (#3-4852), and Palm Avenue (#3-4852).
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-57 authorizing the posting of "SPEED LIMIT" signs on the following roads: Shirley Shores Road (#3-3358), East Shirley Shores Road (#3-3561), Squirrel Point Road (#3-3559), Squirrel Point Way (#3-3559A), Acorn Circle (#3-3658) and Chestnut Lane (#3-3658A).
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Non-Exclusive Easement Deed
Fennell Investments, Inc.
C-25
Robert C. Partridge and Vicki G. Partridge
C-19A
Statutory Warranty
Fennell Investments, Inc.
C-25
John D. Adams and Jennifer K. Adams
Em-En-El Grove Road
Accounts Allowed/Bids/Contracts, Leases & Agreements
Request 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 and/or contracts; approval to issue purchase orders for services or commodities from annual bids, State contracts, G.S.A. or cooperative bids; approval to waive bid requirements and issue 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.
A) Authorization to Seek Bids, Proposals and Professional Services.
DEPARTMENT AMOUNT
Office of Purchasing Unknown
Authorization to advertise and seek proposals from firms qualified to provide professional auctioneering services. The selected contractor will be retained to dispose of all types of surplus property (with the exception of real estate) at regularly scheduled public auctions. This is a cooperative procurement between the County, Lake County School Board, Seminole County Government, Volusia County Government and Volusia County School Board. Lake County will serve as the lead entity for the procurement. The auctioneer's commission will be paid from auction revenues.
C) Award Bids, Proposals, and Issue Purchase Orders and/or Contracts.
DEPARTMENT AMOUNT
Capital Improvements $2,500.00
Atec Associates/Approve change order for asbestos survey to the Tax Collector/Property Appraiser Annex prior to demolition. Funds will be from account #301.0857120.513.8300310.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DEPARTMENT AMOUNT
Public Works $100,000.00
Execute contract and encumber funds for the Transportation Study Model Validation/Year 2020 Update with Tindale-Oliver & Associates, Inc. pending the County Attorney's review. Funds will be from account #112.5055100.541.8300310.
DEPARTMENT AMOUNT
Capital Improvements Unknown
Authorization to award Vending Services, RFP#97-063, and execute a contract with Myers Vending Company of Leesburg, Florida. The Selection Committee met, followed the selection process, and recommended award to this vendor. All Commissions derived from this contract will be deposited in account #630.9090100.7362100.
Accounts Allowed/Assessments
Request for approval and execution of the following Assessment Liens:
Anthony A. and Barbara E. Coffey $2,047.14
David A. Pranis $1,018.00
Linda M. Gariepy $1,329.26
Daniel Chaisson $2,166.51
J.M. Booth $ 0
Joseph M. Booth $ 0
John B. Reid, Et Al $ 0
Robert C. Smith $1,101.75
RESOLUTIONS/COUNTY BUILDINGS
Commr. Swartz requested clarification as to why the reception for the volunteers on April 24, 1997 was not being held in the lobby of the Lake County Administration Building.
Ms. Sue Whittle, County Manager, stated that the request from Mr. Haig Medzarentz, Volunteer Coordinator, was to have the reception outdoors. She stated that she would provide clarification on this request later in the meeting.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1997-51 recognizing the accomplishments of Lake County volunteers; to declare April 13-19, 1997 as Volunteer Week; and to hold a reception for Lake County volunteers on Thursday, April 24, 1997, from 5:00-7:00 p.m., at the Ag Center in Tavares.
Commr. Hanson was not present for the discussion or vote.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
At this time, Commr. Good presented the following awards and
plaques, as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:
EMPLOYEE AWARDS
Presentation of plaques to employees with five years of service:
James F. Condon, Maintenance Spec II, Facilities and Capital Improvements, Facilities Management Section, Jail Maintenance Services
Joseph S. Harris, Maintenance Spec III,
Facilities and Capital Improvements, Facilities Management Section, Energy Management Services
James E. Milicic, Fire Mechanic, Fire & Emergency Services, Fire/Rescue Division
Presentation of plaques to employees with ten years of service
Raymond J. Brittian, Fire Lieutenant/EMT, Fire & Emergency Services, Fire/Rescue Division
Robert R. Hasek, Equipment Operator III, Public Works, Roads Division, Maintenance Area I (Leesburg)
Carl "Stan" Rice, Foreman, Solid Waste Management Services, Waste Management Facilities Operations Administration (Not Present)
Presentation of plaque to retiring employee - 31 Years, 4 Months of Service
Michael G. Murphy, Equipment Operator III, Public Works, Roads Division, Maintenance Area II (Minneola) (Not Present)
"PRIDE" CERTIFICATES
At this time, Ms. Ramos stated that "PRIDE" was a program established to recognize County employees for the quality performance they are giving to Lake County and to let the employees know their efforts are appreciated. At this time, the following "Pride" Certificates were awarded:
Office of Agricultural Education Service
Dot Heald - Cooperative Extension Service (Award accepted by Deborah Boulware)
Communications Systems Department
Bonnie Atchley (Not Present)
Department of Community Services
Robbie Hollenbeck
Department of Growth Management
John O'Connor - Building Services Division (Not Present)
Kathy Padgett - Building Services Division
Department of Public Works
Claudette Gurley
Fred Schneider - Engineering Division
Bill Nocodem - Fleet Maintenance (Leesburg)
Dennis Warren - Maintenance Area III (Umatilla)
Office of Tourism
Robert "Bob" Clark
LAKE COUNTY BOARDS AND COMMITTEES AWARDS
PRESENTATION OF PLAQUES
Steve Adams for his service to Lake County as a member of the Lake County Environmental Protection Board from 1989-1996.
James P. Logan for his service to Lake County as a member of the Lake County Planning and Zoning Commission from 1989-1997.
PRESENTATION OF CERTIFICATES
Lake County Affordable Housing Advisory Committee
Robert J. Nadeau - Service from 1995-1997
Lake County Agriculture Advisory Committee
William J. Benham - Service from 1994-1996 (Not Present)
Russell Bryan - Service from 1994-1996 (Not Present)
Bill DuVall - Service from 1992-1996 (Not Present)
Brian C. Huffman - Service from 1994-1996
Henry C. Lunsford, Jr. - Service from 1995-1996 (Not Present)
James D. Mayfield - Service from 1995-1996 (Not Present)
Dan Olson - Service from 1992-1996 (Not Present)
Audrey Reed - Service from 1995-1996 (Not Present)
Patricia Bouis Thompson - Service from 1994-1996 (Not Present)
Carroll "Bud" Ward - Service from 1994-1996
Bret T. Wood - Service from 1994-1996 (Not Present)
Lake County Bicycle/Pedestrian Advisory Committee
June M. Atkinson, M.D. - Service from 1993-1997
Rick Hencye - Service from 1995-1997 (Not Present)
Donald E. Tannery - Service from 1993-1997
Rudolph Edward Weiss - Service from 1993-1997 (Not Present)
Lake County Board of Adjustments
Gerald B. Galbreath - Service from 1992-1997
Lake County Citizens' Commission for Children
Joan M. McCall - Service from 1994-1996
Mike Ross - Service from 1994-1996 (Not Present)
Lake County Environmental Protection Board
John L. Atwater - Service from 1994-1996
Robert E. Farner - Service from 1993-1996 (Not Present)
David B. Frederick - Service from 1994-1996
Carroll "Bud" Ward - Service from 1992-1996
Lake County Fire Rescue Advisory Board
Richard Seuffert - Service from 1993-1997
Carroll "Bud" Ward - Service from 1993-1997
Lake County Industrial Development Authority
David M. Mann - Service from 1994-1996 (Not Present)
PRESENTATION OF PRIZES TO WINNERS OF THE LAKE COUNTY CULTURAL AFFAIRS LOGO DESIGN CONTEST
Mr. Alton Roame, Chairman, Lake County Cultural Affairs Council, appeared before the Board to present prizes to winners of the Lake County Cultural Affairs Logo Design Contest, as Ms. Robbie Hollenbeck presented the logo designs on the monitor, as follows:
1st Place - $20.00
Middle School
Elisa Walburn 12
Carver Middle School
High School
Chris Nguyen 18
Mt. Dora High School
2nd Place - $15.00
Middle School
Chad Clemons 12
Carver Middle School
High School
Annette White 15
South Lake High School
3rd Place - $10.00
Middle School
Shanesha Love 12
Carver Middle School
High School
Chris Wright 18
Leesburg High School
Honorable Mention - $5.00
No Middle School award was made
High School
Jason Horton 18
Umatilla High School
Post-Secondary
No awards were made.
Best in Show - $45.00
Heather Kleinberg 17
Mt. Dora High School
Mr. Roame recognized the members of the Lake County Cultural Affairs Council, the art instructors who were present in the audience, and Ms. Nancy Velez, Principal, Mount Dora High School.
PRESENTATION OF RESOLUTION
Commr. Gerber presented Resolution No. 1997-47 to Pernell Mitchell congratulating him on being the recipient of Florida's 1996 DARE Officer of the Year Award. At this time, Mr. Mitchell received a standing ovation.
PUBLIC HEARINGS
ASSESSMENTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board to present the public hearing on the request to ward and authorize project number SA-87, Forest View Road and Sixth Street, in the Forest Hills Subdivision, Special Assessment Lump Sum Construction to Art Walker Construction; encumber and expend funds in the amount of $204,807.06; and execution of assessment roll resolution for the Forest View Road and Sixth Street Special Assessment. He stated that petitions were received from 55% of the property owners who own 61% of the property along Forest View Road and Sixth Street. He noted that there were letters in opposition to the assessment roll from Madison Sherrer, Jr., Palm Bay, Florida; and Jack G. and Mary Anna Stout, Cloucester, Virginia. At this time, the letters in question were presented on the monitor for the Board's review. Mr. Stivender presented the site plan for Forest Hills Subdivision on the monitor and illustrated the location of the properties in opposition.
Ms. Cindy Heffler, Assessment and Customer Service Coordinator, appeared before the Board and explained that monthly installments of the assessments were available at 6.5% interest for a seven (7) year period.
At this time, Commr. Good opened the public hearing portion of the meeting.
Ms. Linda S. Large, Deland, Florida, appeared in opposition to this request and discussed the notification process for the Forest View Road and Sixth Street Special Assessment. She expressed concern that the property owners were not notified of the process until a certified letter was received from the County with notification of the assessment. She stated that she did not understand the concept of paying for something she did not request. Discussion occurred in regard to the safety of the roads; at which time, Mr. Stivender explained that the roads would be posted at 25 m.p.h., sharp curves and corners would be posted at a lower speed, and a resolution would be brought back to the Board regarding the posting of speed limits.
Mr. Jim Douglas, Ontario, Canada, appeared before the Board in support of the request and expressed concern that a caution sign was needed at the crest on Highway 42.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved to award and authorize project number SA-87, Forest View Road and Sixth Street, in the Forest Hills Subdivision, Special Assessment Lump Sum Construction to Art Walker Construction; and to encumber and expend funds in the amount of $204,807.06; and execution of assessment roll Resolution No. 1997-58 for the Forest View Road and Sixth Street Special Assessment.
Commr. Hanson was not present for the discussion or vote.
RECESS & REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:05 a.m.
PRESENTATION: NORTH-SOUTH BYPASS UPDATE
ROADS-COUNTY & STATE
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board to present the North-South Bypass Update and introduced Mr. Roy Chapman, Reynolds, Smith & Hills, Inc.; Ms. Elizabeth Franks, Reynolds, Smith & Hills, Inc.; Mr. Greg Beliveau, Land Planning Group; Ms. Mary Ludwig, Land Planning Group, and Mr. Donald Griffey, Engineering Director, Public Works.
Mr. Don Griffey, Engineering Director, Public Works, appeared before the Board and explained that the North-South Bypass Project, Development, and Environmental (PD&D) Study was an impact fee funded project for the North-South Bypass and East-West Connector, and that said study was included in the County's Five Year Work Program and the Lake County Comprehensive Plan. He explained that Reynolds, Smith & Hills, Inc. conducted a traffic study in 1995 to determine if there was a need for a by-pass route, and the results of that analysis was presented in January 1996. He explained that the Project Development and Environmental portion of the project was the detailed study to determine the location, and the best type of road, and to receive input from the public. He stated that Reynolds, Smith, and Hills, and the Land Planning Group have been working diligently to prepare the information needed to reach the point where the County could begin soliciting public input, and the information to be presented this date was the same information provided at the public information meeting on March 18, 1997.
Mr. Roy Chapman, P.E., Project Manager, Reynolds, Smith & Hills, Inc., appeared before the Board and distributed a Fact Sheet and Comment Form, which included information in regard to project description, purpose of workshop, project funding, project alignments and estimated costs, project contacts and the work schedule illustrating where the project was to-date. He explained that this project has had coordination with the Florida Department of Transportation and Federal Highway Administration and that a FDOT representative was part of the project team meetings. He further explained that FDOT was fully aware of the process in trying to maintain the ability to use federal or state funds to build the project once the PD&E phase was completed. He stated that the purpose of the workshop this date was to obtain County input which would be taken into consideration in the selection of a preferred alignment. At this time, he discussed the project schedule as illustrated on the Fact Sheet. Mr. Chapman stated that the traffic study identified approximately 22,000 automobiles a day north of CR 466A, and that 18,000 automobiles a day south of US 27/441, in the vicinity of First Street, would be attracted to the by-pass from U.S. 27/441. At this time, discussion occurred in regard to the alignment of the North-South Bypass, and the East-West Connector, as illustrated on the Fact Sheet, and Mr. Chapman displayed an aerial view of the proposed bypass. He stated that several alignments and typical sections have been developed and evaluated using a multitude of criteria including engineering, socio-economic, cultural and environmental factors. He explained that the typical sections and alignments were evaluated for each alternative, and the alternatives under consideration include urban, suburban, and rural typical sections as indicated in the figures on the Fact Sheet. At this time, he discussed the urban, suburban and rural typical sections.
In response to a question presented by Commr. Swartz, Mr. Chapman explained that the model did not efficiently track the number of through trips versus local traffic, but noted that the majority of the trips were local traffic. Mr. Griffey interjected that a Florida Department of Transportation study of Highway 441 five (5) years ago indicated that approximately 11% of the traffic was external trips from the Marion County line to the Orange County line.
Mr. Chapman explained that a cost analysis for each alternative has been prepared, which includes construction costs, right-of-way costs, land improvements, severance damages, and relocation costs for the North-South Bypass, and East-West Connector. He explained that the cost for a rural alignment would be between $33,000,000 and $43,000,000 with between 23 and 158 relocations which include business, residential, or special land uses that would have to be moved to acquire right-of-way for the road to be constructed. He explained that the cost for a suburban alignment would be between $29,000,000 and $35,000,00 with between 23 and 137 relocations, and the cost for the urban alignment would be between $29,000,000 and $34,000,000 with between 13 and 46 relocations. He discussed Alternative 1 minimizing the costs and relocations which would be a combination of suburban and urban alternatives along Whitney Road, at a cost of $28,000,000 with 8 relocations, and Alternative 2 along CR 468, at a cost of $29,000,000 with 24 relocations.
Mr. Chapman noted that public information meetings would be scheduled with the Cities of Fruitland Park, Leesburg, and Lady Lake to obtain input which would be taken into consideration in the selection of a preferred alignment, as follows:
City of Fruitland Park - April 10, 1997 - 7:00 p.m.
City of Leesburg - April 14, 1997 - 5:30 p.m.
Town of Lady Lake - April 21, 1997 - 7:30 p.m.
Commr. Swartz questioned whether or not the alternative of extending the existing six lanes on US 27/441 had been considered, and what the impact of that alternative would have on the traffic in the future. Mr. Chapman responded that acceptable operation could be achieved from CR 460 north in the future along US 27/441 with a six lane facility to year 2020. At this time, discussion occurred in regard to the proposed Levels of Service for the roads in question.
Mr. Griffey stated that the state has not made a commitment to assist in the funding of the North-South Bypass, however, were providing the County assistance to insure that there are no missteps in the process that would inadvertently misqualify the County for funding in the future. He stated that it was the County's hope that the Federal Highway Administration would recognize the bypass as a needed facility and choose to provide funding.
Commr. Swartz suggested that calculations be made to determine the feasibility of a two lane rural collector road as opposed to the proposed East-West Connector.
Mr. Stivender introduced Mr. Jim Richards, Town of Lady Lake; Ms. Debbie Stivender, City of Leesburg; and Mr. Fred J. Schneider, Project Manager, Public Works, who were present in the audience.
Commr. Gerber reiterated a previous request that Sumter County be included in some form in the North-South Bypass project.
It was noted that the detailed maps illustrating the exact alignment of the various alternatives, and the left right and center alignments, would be provided to the Board for their review.
RECESS & REASSEMBLY
At 11:40 a.m., the Chairman announced that the Board would recess for five minutes, and reconvene at 11:45 a.m.
WORKSHOP
ORDINANCES
Ms. Susan Strum, Planner III, Planning and Development Services, Department of Growth Management, appeared before the Board to present the workshop on the draft Communications Ordinance amending the Lake County Code, Appendix E, Land Development Regulations and distributed correspondence from Frank L. Stanonis, Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., dated March 31, 1997; Mark C. Schuh, Cypress Real Estate Services, Inc., dated March 28, 1997; and a copy of the notification list of people who have received a copy of the ordinance before the Board at this time. Ms. Strum extended a "thank you" to Ms. Valerie Fuchs, Assistant County Attorney, for her assistance in drafting the ordinance. She stated that the ordinance before the Board results in a local desire for more specific standards for regulation of telecommunications equipment, and that the adoption of the Federal Telecommunications Act of 1996, which became law on February 8, 1996, recognized that emerging and converging telecommunications technologies significantly change the opportunities to deliver current and future services to customers. She explained that it was necessary to allow for telecommunications competition and adapt to the growing need for communication towers while protecting existing land uses from potential adverse impacts. She further explained that the ordinance affects all communications towers, including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, personal communications services, personal communications networks, and amateur radio operators equipment, although information shared with her prior to the meeting this date indicates that the State of Florida may have exempted amateur radio operators equipment from regulatory review. She discussed Chapter II, Definitions, as addressed in the proposed ordinance, and displayed on the monitor illustrations of various tower designs. She briefly discussed Section 3.13.00 Telecommunications Antennas and Towers, and Section 3.13.03 Structural Design. She explained that camouflaged communications towers are proposed to be exempt from the requirements of Sections 3.13.03.A., 3.13.04, 3.13.05, 3.13.08, and 3.13.09, and explained that the purpose of the exemption was that camouflaged towers will be treated as normal buildings and shall comply with all other regulations and standards in the code. Discussion occurred in regard to camouflaged communications towers being exempt from Section 3.13.03.A., a requirement that all communications towers must be designed so that, in the event a communications tower falls, it shall collapse only within the property lines of the lot on which the communications tower is located. It was noted that staff would review the exemption from collapsibility and windload standards.
Ms. Strum explained that, in making the determination that a communications tower is considered to be camouflaged, the County Manager or designee shall consider logic of design, height in relationship to the size and proportions of nearby structures, structure materials and color selection, compatibility with surround properties and protection of property values; at which time discussion occurred regarding same.
Commr. Swartz expressed concern with the height requirement in relationship to the size and proportions of nearby structures as addressed in Section 3.13.03, and requested that this section be readdressed with height considerations allowed or considered during the approval process. He suggested that a distinction be made between a camouflaged tower that is part of a structure and a camouflaged tower in the form and shape of a pine tree as an example.
Extensive discussion occurred in regard to Section 3.13.04 Height, Section 3.13.05 Setbacks, and Section 3.01.03 Schedule of Permitted and Conditional Uses. At this time, staff was requested to readdress height requirements for communications towers.
Ms. Strum responded to a question presented by Commr. Good in regard to Communications Tower Separation and stated that an array of towers was normally found with AM radio towers and suggested that the Board may want to consider designating areas for communication tower farms. She discussed Section 3.13.06 Separation between Communications Towers and suggested that communications tower separation be measured using Global Position System (GPS) coordinates for the center of the communications tower. Commr. Good suggested that staff address clustering of communications towers.
Mr. Bruce Thorburn, Information Services Director, appeared before the Board and stated that communications towers can be built inside a structure with only an external transmission capability. Commr. Swartz reiterated that the truly camouflaged towers should receive a more liberal ability to locate than others; at which time Ms. Strum stated that they would revisit the separation requirements between camouflaged towers and the option of clustering communications towers.
Commr. Good addressed the Communications Tower Separation chart and stated that, in lieu of using the chart method of separation, communications tower types could be addressed in other sections within the ordinance without blanketing the County with towers as illustrated in the chart. He stated that we are trying to achieve maximum coverage with minimum expense, which was a different approach for the ordinance to follow.
Mr. Thorburn cautioned that the County has to be extremely careful about creating an environment that creates barriers for entrance under the Federal Telecommunications Act of 1996; at which time Mr. Minkoff clarified that the Telecommunications Act provided that the County could regulate communications towers as long as the regulations do not act as a ban.
Ms. Strum briefly discussed Section 3.13.07A. Use of Existing Structure and suggested that the Board may want to address the requirement that the communication antenna does not add more than twenty (20) feet to the height of the existing structure. Discussion occurred in regard to B. Use of Existing Towers, Item 4. Excessive costs; and Item 6. Difficulty complying with other requirements of these regulations; at which time the County Attorney and staff were directed to readdress Item 4 and Item 6.
Discussion occurred in regard to Section 3.13.10 Abandonment, and Commr. Good questioned if deeming a communications tower abandoned after one hundred eighty (180) consecutive days was a realistic time period. Mr. Minkoff stated that the non-conforming use sections of the Lake County Land Development Regulations, which provide for twelve (12) months, could apply to abandonment and, therefore, Section 3.13.10 may not be needed.
Mr. Minkoff stated that Section 3.13.17 Variances, and Section 3.13.18 Appeals were covered in the Lake County Land Development Regulations and should be removed from the ordinance.
Discussion occurred in regard to Section 10.01.04 Satellite Dish Antenna; at which time staff was requested to readdress this issue and inform the Board of the present requirements in regard to permitting satellite dish antennas. Mr. Minkoff stated that Section 10.01.04B. Nonconforming Antenna, could be removed from the Ordinance because there was a provision on nonconforming uses.
Commr. Swartz reiterated that staff has been directed to set up a workshop with those in the industry, and to bring back the document before the Board at this time with the requested changes, along with a list of suggested language or changes that may be presented from the industries.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board during the Citizen Question and Comment Period.
RECESS & REASSEMBLY
At 1:15 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m. for the Transportation Workshop.
WORKSHOP-TRANSPORTATION
ROAD-COUNTY & STATE/RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board to present the workshop on Transportation in Lake County and explained that staff would be providing the Board with information and were requesting that the Board provide information to staff. He stated that, at the end of the presentations, staff would be requesting clarification on priorities of future workshops on the issues that would be brought forward this date. He stated that the following topics would be discussed with staff making the presentations:
Existing Revenue Sources Ms. Kathy McDonald
$.05 Option Mr. Jim Stivender, Jr.
Right-of-Way Ms. Sally Stallard
CTT Funded Projects Mr. Jim Stivender, Jr.
County Transportation M.P.O. Ms. Maryann Bardon
Transportation Maps Mr. Don Griffey
Conclusion Mr. Jim Stivender, Jr.
Mr. Stivender noted that Ms. Lora Bailey, Special Services/Interim Division Director, would be providing charts on the monitor.
Ms. Kathy McDonald, Special Services/Administrative Services Coordination, Public Works, appeared before the Board to discuss Existing Revenue Sources and provided a brief overview on the gas tax revenue sources that were available, financial trends on the revenue sources, and information on the expenditure of the funds. She discussed the existing revenue sources, as follows:
- County Gas Tax - 1941
- Constitutional Gas Tax - 1943
- Ninth-Cent Gas Tax - 1982
- Local Option Gas Tax - 1984, 1985, 1986
- Local Option Gas Tax - 1993 (Has not been adopted)
Ms. McDonald briefly discussed grafts illustrating historical revenues in Lake County between 1992 and 1996, statewide highway fuel consumption projections, gasoline sales in the Central Florida area, and five year revenue/expenditure history for Lake County Public Works.
Mr. Stivender presented a brief overview on Road Impact Fees as of September 30, 1996 and discussed a graft illustrating revenues, expenditures, and balance forward.
Mr. Stivender discussed the $.05 Local Option Revenue and stated that, if use of the $.05 Local Option Revenue is changed by the Legislature and the tax is adopted by the Board, the money would go to the following programs:
- Clay to paved program
- Countywide resurfacing
- Countywide striping program
- Countywide sidewalk program
- Collector road resurfacing
- Bridge replacement
- Countywide guardrail program
Commr. Swartz suggested that the Board consider an expanded sidewalk program that would require changes to the Land Development Regulations and would address sidewalks relating to commercial development, and along the exterior of residential developments. He suggested that the Board consider a workshop for the purpose of addressing options to the sidewalk program and initially look at the urban, urban expansion, and rural village designations as the more likely ones for commercial and residential. Commr. Cadwell and Commr. Gerber concurred that the sidewalk program should be review; at which time, Mr. Don Griffey, Engineering Director, stated that staff has looked at this issue, language has been drafted, and consideration was being given to incorporating the sidewalk program into the Bicycle Pedestrian Plan.
Mr. Stivender briefly discussed the graft illustrating the maintained road miles as of September 30, 1995, and the graft listing the counties where the 2nd Local Option Tax was in place. He stated that alternative revenue sources could include a municipal utility tax, right-of-way utilization fee, and ad valorem funding.
Ms. Sally Stallard, Right-of-Way Manager, Public Works, appeared before the Board to present discussion on Right-of-Way, and provided a brief overview on right-of-way office functions, where we've been, where we are today, where we're going, as follows:
R/W Office Functions
- Walk-in customers
- Map Sales
- Right of Way
- Phone Inquiries
- Murphy Act applications
- Vacation Petitions
- Research projects
- County property records management
- R/W acquisition
- Clay to paved projects
- Development related
- Special Assessments
- Maintenance/drainage projects
Where We've Been
- Prior to 1991
- After 1991
Where We are
- Reviewing development-related cases
- "Dolan" Test
- essential nexus
- justification for amount of R/W being required
- R/W donations for County projects
- donations by deed
- maintenance maps
Where We're Going
- Looking at other means of acquiring R/W
- R/W purchase
- impact fee credits
- coordinating new road projects with development
Ms. Stallard briefly discussed a graft illustrating the number of deeds that have been accepted through the Public Works Department between 1986 and 1996 and explained that prior to 1991 the majority of the deeds were for road paving projects, and after 1991 the majority of the deeds by year were for development related cases. She explained that the right-of-way office was in a transition period, at this time, and were adjusting for staff changes, an increase in case load, increased attention to the legal implications of activities, and increased attention to the concerns of the citizens. She explained that Public Works engineers have developed a "Dolan" Test, which will assist in determining whether there was justification for requiring additional right-of-way, due to a complaint filed against Lake County in 1996 which challenged the constitutionality of a portion of the Land Development Regulations which contains provisions for the dedication of right-of-way.
Ms. Stallard stated that staff was recommending that the Board plan future workshops on right-of-way acquisition to determine how the County would move in the future on acquisition policy.
Mr. Stivender provided a brief overview of CTT Funded Projects and briefly discussed grafts illustrating the projects, as follows:
1) special assessment programs for road paving; 2) clay to paved program; 3) resurfacing projects; 4) expenditures on County special assessments, resurfacing, and clay to paved projects; 5) miles paved on County special assessments, resurfacing, and clay to paved projects; 6) costs each year for special assessments, clay to paved and resurfacing; and miles paved each year.
Ms. Maryann Bardon, Transportation Engineer, Public Works, appeared before the Board to discuss County Transportation Engineering/Planning & the Metropolitan Planning Organization (M.P.O.). She presented a brief overview of the M.P.O. Structure, M.P.O. Responsibilities of the Board of County Commissioners and the M.P.O. Board, and the structure of the M.P.O. Board. She stated that the U.S. Census would be taken in the year 2000, and it was hoped that Lake County would make the M.P.O. designation to allow the County to begin formation of M.P.O. status.
At this time, Commr. Cadwell requested that an update on the Transportation Disadvantaged Transit program be presented to the Board at a future meeting.
Commr. Swartz stated that the M.P.O. graphs indicate that there appears to be some duplication in responsibilities; at which time Ms. Bardon stated that the impact projects would remain under the County, and the capacity projects of the County, and the federal and state funded projects would be under the M.P.O.
Mr. Don Griffey, Engineering Director, Public Works, appeared before the Board and distributed a collection of Lake County Visionary Road Network maps. He provided a brief history of the development of the visionary network of maps and noted that the maps indicate locations of developments, and identify the locations of large property owners. He discussed the proposed roads legend and noted that the proposed roads have not been tested with the transportation model. He stated that, as part of the long range program and model update, staff would look at the road alignments and determine which roads are viable road projects. At this time, he briefly discussed specific roads on each map and addressed questions presented by the Board.
Mr. Stivender concluded the workshop and suggested future workshops on the $.05 Local Option Tax, Right-of-Way, CTT Funded Projects, MPO, and Transportation Maps. It was noted that a joint workshop with Growth Management Services would be scheduled on Right-of-Way, the $.05 Local Option Tax would be based on Legislative action, and the Transportation Maps would be tied to the Lake County Comprehensive Plan.
Ms. Pat Mayhill, representing the City of Eustis, appeared before the Board and stated that, although the County was a merging M.P.O., we still need to consider the mechanism for the Cities' participation in the prioritizing of the state road projects and the enhancement projects. She stated that she was very pleased with the sidewalk program and encouraged the Board to continue with said program.
COMMISSIONERS
At 3:55 p.m., Commr. Gerber departed the meeting.
COUNTY MANAGER'S DEPARTMENT BUSINESS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise an ordinance providing for the Department of Revenue to collect the Tourist Development Tax. He noted that the Tax Collector's Office was not prepared to begin collecting the Tourist Development Tax, and this request makes the ordinance comply with the procedure.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 3 - 0 vote, the Board approved to advertise an ordinance providing for the Department of Revenue to collect the Tourist Development Tax.
Commr. Gerber and Commr. Hanson were not present for the discussion or vote.
COMMISSIONERS
At 4:00 p.m., Commr. Gerber returned to the meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. John Cento, Planner II, Planning and Development Services Division, appeared before the Board to present the appointment of members to the Evaluation and Appraisal Report (EAR) Advisory Committees.
Ms. Ava Kronz, Director of Continuous Quality Improvement, noted that the memorandum, dated April 1, 1997, was a compilation of all previous memorandums listing the EAR committees, and the applicants who have applied with interest in serving on the EAR committees. She noted that an application from Terrie C. Diesbourg has also been distributed to the Board.
Commr. Swartz suggested that the committees be comprised of Lake County residences and that no one be appointed to more than one committee. He suggested that the members be selected to the larger elements of the existing Comprehensive Plan that require the most work, and the Board can then determine if there are sufficient applications to select members to the smaller elements.
CAPITAL FACILITIES ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved appointments to the Evaluation and Appraisal Report (EAR) Capital Facilities Element Advisory Committee, as follows:
Richard J. Sturdivant
David Springstead
Ken Stack
Arthur J. Ward
Robert Herndon
Ronald L. Hart
Ted Wicks
Alton Roane
Christa Gandenberger
CONSERVATION ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved appointments to the Evaluation and Appraisal Report (EAR) Conservation Element Advisory Committee, as follows:
Sue S. Angermeier
John J. Spicola
Gary Roger Race
Patricia Leonard
Ann Wettstein Griffin
Toni Lowell
Ruth R. Gray
Tom Bentley
TRANSPORTATION ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved
appointments to the Evaluation and Appraisal Report (EAR) Transportation Element Advisory Committee, as follows:
John Askew
James Baysinger
R. Thomas Winn
ECONOMIC ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved appointments to the Evaluation and Appraisal Report (EAR) Economic Element Advisory Committee, as follows:
Timothy A. Cisch
Thomas L. Wetherington
Bruce A. Redus
Carmen Cullen
RECREATION AND OPEN SPACE ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointments to the Evaluation and Appraisal Report (EAR) Recreation and Open Space Element Advisory Committee, as follows:
Debbie Stivender
Catherine Benton
Lou Tally
Egor K. Emery
William C. Davis
James R. Fisher
Gregory C. Nall
Lucille M. Espey
Judith H. Caughlan
FUTURE LAND USE ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointments to the Evaluation and Appraisal Report (EAR) Future Land Use Element Advisory Committee, as follows:
Charles E. "Happy" Norris, II
Dr. Robert W. Taylor
Mark E. Schneider
Nadine Foley
John E. Burris
Bradley E. Blanton
Eloise Fisher
Hal Turville
John E. Duesing
INTERGOVERNMENTAL COORDINATION ELEMENT ADVISORY COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointments to the Evaluation and Appraisal Report (EAR) Intergovernmental Coordination Element Advisory Committee, as follows:
Henry E. Wolsmann
Bruce Duncan
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mary Pringle to the Evaluation and Appraisal Report (EAR) Intergovernmental Coordination Element Advisory Committee.
It was noted that the appointments to the Evaluation and Appraisal Report (EAR) Education Element Advisory Committee would be appointed by the Lake County School Board. It was further noted that the Board would recruit additional applicants and that the remaining appointments would be made on April 15, 1997.
Mr. Cento stated that the committees' first meetings would begin in mid-April, which would be an overview of the process. He stated that two staff persons from the Department of Growth Management would be at each meeting with one staff person from the implementing department.
Commr. Hanson was not present for the discussions or votes.
GRANTS/RESOLUTIONS/STATE AGENCIES
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present this request.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1997-59 to the State of Florida Legislature to maintain Recycling Education Grant funding at the current levels based on recycling being a State mandated program.
Commr. Hanson was not present for the discussion or vote.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Good presented the request for appointment of individuals to the Environmental Protection Advisory Board. It was noted that the Board shall consist of nine (9) members, and the initial term of office for each member shall be for two (2) years.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Bob Farner to the Environmental Protection Advisory Board as a representative of the Engineering Profession.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Dr. Robert W. Taylor to the Environmental Protection Advisory Board as a representative of the Environmental Community.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Samuel S. Sadler, III to the Environmental Protection Advisory Board as a representative of the Development Community.
On a motion by Commr. Swartz, seconded by Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. John Atwater to the Environmental Protection Advisory Board as a representative of the Business Community.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to readdress the appointment of a representative of the Business Community on the Environmental Protection Advisory Board.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. F. Lee Porter to the Environmental Protection Advisory Board as a representative of the Business Community.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Ms. Nadine Foley to the Environmental Protection Advisory Board as a representative of the Agricultural Interests.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. William S. Coleman to the Environmental Protection Advisory Board as a representative of the Florida Game and Fresh Water Fish Commission or other State Agency.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Dr. Bernard J. Yokel to the Environmental Protection Advisory Board as a representative At Large.
On a motion by Commr. Gerber, seconded by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Tom Bentley to the Environmental Protection Advisory Board as a representative of Lake County Schools.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Dave Walker to the Environmental Protection Advisory Board as a representative of the St. Johns River Water Management District.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Commr. Rhonda Gerber to the Environmental Protection Advisory Board as Liaison Commissioner.
Commr. Hanson was not present for the discussions or votes.
APPOINTMENTS-RESIGNATIONS/COMMITTEES (CONTINUED)
Commr. Swartz requested that the Board continue consideration of appointments to the Evaluation and Appraisal Report (EAR) Process Advisory Committees.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Mr. Jim Thorsen to the Evaluation and Appraisal Report (EAR) Conservation Element Advisory Committee.
Commr. Hanson was not present for the discussion or vote.
It was noted that Commr. Gerber would contact Mr. Thorsen regarding his appointment to the above noted committee.
REPORTS
CONTRACTS, LEASES & AGREEMENTS/SPECIAL MASTERS
Mr. Sandy Minkoff, County Attorney, presented the request for approval of Special Master Agreement between Lake County, Owner (International Tournament Skiing, Inc.) and Special Master. He stated that Mr. Robert Q. Williams meets the qualifications and is named as Special Master in said agreement.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Special Master Agreement between Lake County, Owner (International Tournament Skiing, Inc.) and Special Master.
Commr. Hanson was not present for the discussion or vote.
SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented this request.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to close the Rutzebeck v. Lake County case and not pursue costs.
Commr. Hanson was not present for the discussion or vote.
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented this request.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved to pay Certification of Costs, in the amount of $105.00, in case of State v. Carlini.
Commr. Hanson was not present for the discussion or vote.
BONDS/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, informed the Board that the arbitrage matter for the 1992 bond issue has been resolved, and that First Union has paid approximately $96,000.00 to the County, and the County has remitted $83,000.00 to the Internal Revenue Services with a tax return. He stated that an opinion letter from Nabors Giblin & Nickerson, P.A. has been received indicating that this was correct, that they would defend the County, and that the County relied on said opinion in releasing First Union Bank.
Mr. Minkoff informed the Board that the case of Yusem v. Martin County was decided by the Supreme Court on March 27, 1997, and the ruling was that Comprehensive Plan Amendments, other than small scale amendments, are legislative actions. He stated that this action changes the standard of proof on appeal very favorable towards the County; however, it also means that, since it is not quasi judicial, those rules would not apply. He explained that Lake County has a County initiated Comprehensive Plan Amendment pending and individuals have been informed that they cannot speak or meet with the Commissioners in regard to the amendment; however, the recent ruling by the Supreme Court allows discussion of the amendment.
Staff was directed to schedule this issue as an agenda item in the near future in order to readdress County policy. It was noted that the County would continue to operate under the policies in place until such time that the policies are readdressed. Commr. Cadwell noted that this issue would need to be addressed with the League of Cities.
COMMISSIONER SWARTZ - DISTRICT NO. 1
RESOLUTIONS
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1997-60 declaring the month of May 1997 as Law Enforcement Month in Lake County.
Commr. Hanson was not present for the discussion or vote.
STATE AGENCIES
Commr. Swartz informed the Board that a letter has been received from Mr. Jack R. Amon, President of Friends of Lake Apopka Restoration, regarding support for establishing a Waste Load Allocation for pumped muck farm discharges into Lake Apopka. Discussion occurred in regard to this request, and it was the consensus of the Board to delay action on this issue until such time that it can be determined whether the state was going to proceed with the buy-out of the muck farms.
COUNTY MANAGER
Ms. Sue Whittle, County Manager, informed the Board that the reception for the Lake County volunteers on April 24, 1997 has been scheduled at the Ag Center in Tavares because the occasion will be a catered barbecue with table seating, and additional space was required for the band.
COMMISSIONER HANSON - DISTRICT NO. 4
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1997-61 declaring April 7 - 11 as Children's Week in Lake County.
Commr. Hanson was not present for the discussion or vote.
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT NO. 2
GRANTS/MUNICIPALITIES
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the request for the Chairman to write a letter to the Senate and House Appropriations Committees in support of the City of Eustis' request for a grant to receive funding for the renovation of the Old Eustis City Hall and Fire Station.
Commr. Hanson was not present for the discussion or vote.
RESOLUTIONS
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1997-62 proclaiming the week of April 13-19 as National County Government Week in Lake County.
Commr. Hanson was not present for the discussion or vote.
ADDENDUM NO. 1
REPORTS
COMMISSIONER SWARTZ - DISTRICT NO. 3
RESOLUTIONS
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1997-63 proclaiming the week of April 13, 1997 as Victim's Rights Week and supporting the State Attorney's "Victims Voice '97 - A Time of Remembrance Day" scheduled on Friday, April 18, 1997, at the Lake County Judicial Center.
Commr. Hanson was not present for the discussion or vote.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1997-64 declaring April 9, 1997 as National POW/MIA Day (Daisy Day) for Lake County.
Commr. Hanson was not present for the discussion or vote.
COMMISSIONER CADWELL - DISTRICT NO. 5
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Cadwell noted that he was not prepared to make an appointment to the Human Services Grant Advisory Committee, as previously indicated, and that said appointment would be made at the April 15, 1997 Board meeting.
MINUTES
Regarding the Minutes of February 25, 1997 (Regular Meeting), the following correction was requested:
Page 28, Line 22 - change "Ms." to Senator.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of February 25, 1997 (Regular Meeting), as corrected.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of March 11, 1997 (Special Meeting-Board Advance), as presented.
Commr. Hanson was not present for the discussions or votes.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:05p.m.
___________________________________
William "Bill" H. Good, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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