The Lake County Board of County Commissioners met in regular session on Tuesday, June 2, 1998 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; William "Bill" H. Good, and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Wendy Taylor, Administrative Assistant, BCC Office; James C. Watkins, Clerk of Courts; and Toni M. Riggs, Deputy Clerk.
Mr. Watkins gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle, County Manager, noted that there was one published addendum to the agenda.
Mr. Sandy Minkoff, County Attorney, requested that Tab 21 regarding the Agreement between Lake County and Seminole Springs Limited Partnership to provide Central Water for Seminole Springs, be withdrawn from the agenda. He stated that this item would be brought back to the Board at a later date.
Mr. Minkoff noted that Tab 7 should include a 120 day cancellation clause.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 12, 1998, Regular Meeting, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the following requests:
Request to acknowledge receipt of the 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.
Bonds - Contractor
Request for approval of the following Contractor Bonds:
4307-98 Stokes Electric, Inc. (Electrical Contractor)
5000-98 Alan L. Bruns/Bruns, Inc. (Gen. Contractor)
5101-98 Clarence E. Kelly (General)
5616-98 Florida Roofing Tech, Inc. (Roofing)
5617-98 Weather Protection Systems, Inc. (Roofing)
Request to approve and signature authorization on the Satisfaction of Judgment, State of Florida vs. James Robert Saunders, Case No. 9700430CFA01, in the amount of $750.00.
Accounts Allowed/County Property
Request to approve the sale of 1977 Dodge Power Wagon, S/N W26BB7SO59374 - Item was declared surplus February, 1996 - surplus equipment $100.00.
Request to acknowledge receipt of a copy of the Quarterly Report from Greater Orlando Area Legal Services, Inc., for the period ending March 31, 1998.
Request to acknowledge receipt of the Greater Orlando Area Legal Services, Inc. Audited Financial Statements and Supplemental Information for the fiscal year ending December 31, 1997.
Request to acknowledge receipt, from the City of Leesburg, a copy of Ordinance No. 98-21, An Ordinance Annexing Certain Property Owned by Ray Dickinson, Said Property Consisting of Approximately Five (5) Acres and Being Generally Located on the Northeast Side of CR 470, Approximately One Mile From the Intersection of CR 470 and the Florida Turnpike, Lying in Section 17, Township 20 South, Range 24 East, Lake County, Florida, Which is Contiguous to the City Limits of the City of Leesburg, Florida; Providing that Said Property so Annexed Shall be Liable for its Proportionate Share of the Existing and Future Indebtedness of Said City; Providing that such Annexed Property Shall be Subject to all Laws and Ordinances of Said City as if all Such Territory had been a Part of the City of Leesburg at the Time of Passage and Approval of said Laws and ordinances; and Providing for an Effective Date, passed and adopted April 27, 1998.
Request to acknowledge receipt of the Notice of Commission Hearing and Prehearing Conference Before the Florida Public Service Commission to KTNT Communications, Inc. dba.. IDC Telecommunications, Office of the Attorney General, Office of the Public Counsel, and All Other Interested Persons; Docket No. 970109-TI; In Re: Application for Certificate to Provide Interexchange Telecommunications Service by KTNT Communications, Inc. dba. IDC Telecommunications. A prehearing conference will be held on May 15, 1998, at 9:30 a.m., Room 148, Betty Easley Conference Center; and a hearing will be held on May 28, 1998, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Request to acknowledge receipt of the Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to Central Telephone Company of Florida, Southern Bell Telephone & Telegraph Company, Alltel Florida, Inc., Citrus Springs Utilities (United Florida), GTE Florida Incorporated, United Telephone Company of Florida, Volusia County, Palm Beach County Board of Commissioners and All Other Interested Persons. A prehearing conference will be held on May 15, 1998, at 9:30 a.m., Room 152, Betty Easley Conference Center; and a hearing will be held on May 27, 1998, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Request to acknowledge receipt of the Notice of Application of Transfer of Majority Organizational Control from Rose, Sundstrom & Bentley, LLP. Spruce Creek South Utilities, Inc., 8501 S.E. 140th Lane Road, Summerfield, Florida, pursuant to Section 367.071, Florida Statutes, hereby notices its intent to apply to the Florida Public Service Commission for transfer of majority organizational control of described territories located in Marion and Sumter County, Florida.
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending April 30, 1998
Disbursements made to Board: $167,465.44
Same period last year: $175,507.79
Audits/Contracts, Leases & Agreements
Request for approval of Fifth Amendment to Agreement for External Audit between Lake County and Ernst & Young, LLP, subject to review by the County Attorney.
Request to approve and signature authorization on the following:
Budget Adjustments for FY 97/98
1. Fund: General
Department: Community Services
Revenue: Reimbursements $20,000
Expenditure: Contractual Services $20,000
Amendment #: 98-216
Justification: Resolution to receive unanticipated revenue from four community hospitals to share the cost of the Indigent Health Care Study.
1. Fund: General
Department: Executive/Board Operations
From: Contingency $16,937
To: Personal Services $16,937
Transfer #: 98-217
Justification: Transfer needed to cover cost of splitting Office Manager position and the hiring of new personnel at higher than minimum.
2. Fund: Fish Conservation
Department: Facilities/Capital Improvements
From: Special Reserve $9,000
To: Improvements Other than Buildings $9,000
Transfer #: 98-218
Justification: Transfer needed to fund request from the Florida Game and Fresh Water Fish Commission to fund part of the cost of a new fishing pier at Herlong Park.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 15 on the regular agenda, and items I. A. and B., on Addendum No. 1, for the following requests:
Accounts Allowed/Contracts, Leases & Agreements/School Board
Request for approval and execution of Interlocal Agreement between Lake County and Lake County School Board for proposed bus stop lighting at an estimated cost to the Lake County School Board of $30,000.
Contracts, Leases & Agreements/Health Department
Request for approval of Second Amendment to the contract between Lake County and the Lake County Health Department reflecting increases and decreases in programmatic funding and an overall reduction in spending due to revenue shortfall.
Request for approval and execution of required letters of support for local allocation recommendations of Drug Control and System Improvement Formula Funds under the Edward Byrne Anti Drug Abuse Act Grant.
Request for approval and execution of grant applications, match as indicated by the Lake County Sheriff's Office for two grants, and related documents, including certifications.
Accounts Allowed/Probation-Court Services/Municipalities
Request for approval and execution of the relocation of the Division of Probation and Court Services to Store #12 of the Southridge Shoppes Shopping Center located on CR 561 in Tavares at a cost of $18,544. It was noted that this included a 120 day cancellation clause.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval and execution of Agreement between Lake County and the City of Umatilla relating to $5,000 contribution of Boating Improvement Funds for boating related facilities.
Accounts Allowed/Contracts, Leases & Agreements/Fire & Emergency Services
Request for approval and execution of Modification Agreement to the current base program funding from the Emergency Management Preparedness and Assistance Trust Fund. This modification increases the current base program funding for Lake County from $95,936 to $99,069, an increase of $3,133.
Request for approval and execution of Certificates for employees with one and three years of service.
Accounts Allowed/Assessments/Road Projects
Request for approval and execution of Satisfaction of Assessment Liens for eight (8) road assessments, as follows:
Assessment # Name Amount Paid
649080 Thomas Dorise $ 578.27
654581 Daniel & Rhetta Cumberland $ 612.11
654582 Daniel & Rhetta Cumberland $ 470.86
671084 Michael J. Brittian $1,064.79
677029 Theresa L. Brehm $1,855.29
677030 Naomi & Walter Sargent $1,142.56
682010 Jo C. Horn $3,204.52
689032 Michael L. Bailey $1,408.14
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Subdivisions/Resolutions
Request for acceptance of a maintenance bond in the amount of $31,972.88 for Eagleridge Phase II Subdivision, approval and execution of Developer's Agreement for maintenance of improvements between Lake County and PCD, Inc., approval and execution of Resolution 1998-86 accepting American Eagle Way (2-0160A), Fish Eagle Street (2- 0160B), and Coopers Hawk Avenue "Part" (1-0161) into the County road maintenance system, and release a letter of credit for performance in the amount of $110,720.
Accounts Allowed/Bids/Contracts, Leases & Agreements/Municipalities
Request to award Countywide Resurfacing Project No. 1-98, Bid No. 97-078, to Paquette Paving Company, Inc., in the amount of $670,310, authorization to encumber and expend funds from the Transportation Trust Fund (TTF) in the amount of $417,015, and approval and execution of Interlocal Agreements with the Municipalities of Clermont, Eustis, Leesburg, and Montverde for payment of their roads included in this bid.
Contracts, Leases & Agreements/Water Resources/Roads-County & State
Request for approval and execution of Third Amendment to the Agreement between Lake County and the St. Johns River Water Management District to perform a study and the preliminary design for stormwater management on State Road 19, Lake County, and approval and execution of Third Amendment to Agreement between Lake County and Dyer, Riddle, Mills & Precourt, Inc., for consultant services for State Road 19 Stormwater Management Feasibility Study to extend the term of the contract to August 31, 1998.
Accounts Allowed/Contracts, Leases & Agreements/Tax Collector
Request for approval and execution of the Third Amendment to the Lease Agreement for the Tavares Tag Agency extending the lease from 7-1-98 through 12-31-98 with no increase in the rental amount of $2,568.40 per month. Funds will come from Account No. 001.70072100.513.8300440 (General Fund, Constitutional Officers, Tax Collector, Rentals and Leases).
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State
Request for approval and execution of amendment to Vanasse Hangen Brustlin, Inc., contract No. P-898 (RFP-049) in the amount of $245,000 to provide engineering design services for North Hancock Road. The not to exceed cost for the services is $245,000 with an estimated cost of construction of $3,147,416. Funding will be from account #115.50056610.541.8600675 (Benefit District 5: Hancock Road).
ADDENDUM NO. 1
Accounts Allowed/Public Works
Request for approval and execution of Change Order in the amount of $19,850.00 to Lem Bryant Land Clearing to continue the cleaning of Hick's Ditch.
Contracts, Leases & Agreements/Solid Waste
Request for approval and execution of First Amendment to Agreement between Lake County and Hartman & Associates, Inc., for monitoring well installation in support of the ground water monitoring in Lake County.
Presentation of Plaques to Employees with Five Years of Service
Diane Rousseau, Legal Secretary, County Attorney Office
Wayne Hamilton, Risk Manger, Office of Human Resources, Risk Management Section
Presentation of Plaques to Employees with Ten Years of Service
Kim P. Daugherty, Equipment Operator III, Public Works, Roads Division, Maintenance Area I, Leesburg (not present)
Richard Hartenstein, Planner I, Growth Management, Planning and Development Services Division, Current Planning Services
Kenneth K. Knight, Contracts Specialist, Facilities and Capital Improvements, Facilities Management Section, Customer Services
James R. Lynch III, Aquatic Biologist, Public Works, Special Services Division, Mosquito & Aquatic Plant Management, Aquatic Plant (not present)
Donnie L. Prevatt, Maintenance Specialist II, Facilities and Capital Improvements, Facilities Management Section, Building Maintenance Services
Vicki I. Runninger, Land Use Technician, Growth Management, Planning and Development Services Division, Current Planning Services
Presentation of Plaque to Employee with Fifteen Years of Service
William F. Hechler, Plans Examiner I, Growth Management, Building Services Division, Main Office
Presentation of Plaque to Employee with Thirty Years of Service
John E. Doyle, Mower Operator, Public Works, Roads Division, Maintenance Area II, Minneola (not present)
Presentation of Plaque to Retiring County Employee
Woodrow B. Cowart, Equipment Operator III, Public Works, Roads Division, Maintenance Area I, Leesburg (not present)
LAKE COUNTY BOARDS AND COMMITTEES AWARDS
Presentation of Plaque
Lake County Industrial Development Authority
C. J. "Joe" Knowles for service from 1992-1998 (not present)
PRESENTATION OF CERTIFICATES
Lake County Board of Adjustments
Sheila E. Schneider for service from 1995-1998
Lake County Citizens' Commission for Children
Norma W. Calby for service from 1996-1998 (not present)
Donald P. Ricci for service from 1995-1998 (not present)
Jose R. Gonzales, M.D. for service from 1994-1998 (not present)
Lake County Cultural Affairs Council
John E. Burris for service from 1996-1998
Lake County Library Board
Marlette Liveright for service from 1995-1997
Lake County Parks and Recreation Advisory Board
Randall E. Wiseman for service from 1996-1998 (not present)
Lake County Planning and Zoning Commission
Donald Miller for service from 1994-1998 (not present)
Presentation of Resolution
Commr. Swartz read Resolution 1998-84 and Mr. Watkins, Clerk, presented it to Mr. Bill Horan expressing appreciation and gratitude for his many contributions to Lake County.
ADDENDUM NO. 1
PERSONAL APPEARANCE - SHERIFF GEORGE E. KNUPP, JR.
Sheriff George E. Knupp, Jr. addressed the Board to discuss the COPS 98 Grant and the availability of matching funds. Sheriff Knupp stated that last year his office received a grant for three officers, and this year the Federal Government was offering a COPS MORE Grant where it is willing to give him Mobile Data Terminals (MDTs) to put in the patrol cars. He stated that the grant request is for a total of $584,577.70, with the County's match of $146,144.43. Sheriff Knupp stated that Florida Statute 318 requires that $12.50 from each moving violation be placed into a fund for automated communication services. He stated that approximately $70,000 of those funds were received this year, and the Sheriff's Office upgraded its communication center. The amount of money collected each year will not be the same. Sheriff Knupp felt that the $12.50 fee would be enough to fund the $146,144.43, but he did not want to ask for the equipment, if there was not a match by the County. Sheriff Knupp stated that Leesburg received their MDTs last year, along with Fruitland Park. The terminals will save man hours, and the capabilities of the MDT include access to National Crime Information Center, Florida Crime Information Center, Drivers License Checks, Global Positioning System with Automatic Vehicle Location (AVL), vehicle tracking and officer safety features, live mapping along with word processing. It was noted that no additional personnel would be required, and the application needed to be submitted by June 14, 1998.
Discussion occurred regarding the figures provided in the Budget Summary, with it being noted that the budget figures would have to be reconciled and brought back to staff. It was further noted that the grant requires a 25 percent match by the County.
Commr. Swartz stated that the funds suggested by the Sheriff may be the funds that could be used for the match, but he would like staff to review all funding sources, because these same dollars have been considered for the overall radio system. He would like the Board to approve the request, subject to the Board determining the best funding source.
Commr. Cadwell made a motion, which was seconded by Commr. Good, to approve the County's participation in the COPS Grant, at 25 percent of the grant, and for the County Manager to determine the best place to procure those funds.
Under discussion, the Board directed Ms. Whittle, County Manager, to bring the request back to the Board, if she felt it was necessary, if there were other sources she would like the Board to consider.
Commr. Gerber questioned whether the Sheriff was requesting additional personnel, because of an additional sheet in the Board backup material indicating an estimate of figures for a proposed position.
Captain Chris Daniels, Sheriff's Department, stated that there had been some discussion about a computer technician, but a decision was made to drop that position.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Mr. Sandy Minkoff, County Attorney, stated that he had some ongoing discussions with Mr. Walter McLin, Attorney for the School Board, with respect to the School Board's request to place a referendum on the ballot this fall. There was a very recent Attorney General's Opinion, which indicated that the School Board decides whether or not to place a referendum on the ballot, and the Board of County Commissioners decides on which election the ballot question is placed. Mr. McLin has written a letter indicating that the School Board has requested that the one-half cent surtax issue go on the September ballot, and it was requesting a determination from the Board if that date was acceptable.
Commr. Cadwell stated that, after the Board made the motion to put this issue on the ballot, it was apparent that the majority of the Board did not support the referendum, but it did want to put it on the ballot. He questioned whether there was any logic for the School Board wanting to put it on the September ballot, as opposed to the General Election.
Mr. McLin stated that there was no discussion as to the timeliness of it other than the first opportunity, and in conversation with School Board member Mr. Jimmy Connor, who made the motion, when this issue came up, there was a feeling that there would be more people participating in the September election than in the General Election. At the time the School Board passed its Resolution, it was not clear as to who has the capacity to make the determinative time subsequent to the Resolution being passed by the School Board for September. The Attorney General has rendered a legal opinion that the preference as to time is to be done by the Board. Mr. McLin was here to request that, on behalf of the School Board, the County Commission follow the School Board's desire and place it on the September 1 primary ballot.
Commr. Good questioned whether there would be any significant cost difference between having it in the General Election, or in September.
Mr. Minkoff stated that Ms. Emogene Stegall, Supervisor of Elections, would have to answer that question, but he did not think there would be any significant cost difference.
Commr. Hanson felt that anything this significant to the public should be brought forward at the General Election.
Mr. Minkoff stated that staff does not have the actual Resolution from the School Board with the actual request, so this is just discussion of the issue.
Mr. McLin stated that he wanted to draft the Resolution in consensus with the County Commission.
Commr. Swartz stated that he agreed with Commr. Hanson that, by far, there would be more voters in November.
Mr. McLin stated that he would recommend to the School Board that it draft a Resolution allowing the County Commission to set the time pursuant to the Attorney General's Opinion.
Ms. Sally Sherman, Assistant City Manager, City of Leesburg, appeared on behalf of the City of Leesburg, to make a presentation on the Leesburg Regional Airport. She stated that the City of Leesburg was seeking the Board's approval and execution of the Sixth Amendment to the Interlocal Agreement between Lake County and the City of Leesburg relating to provision of funds from the County Transportation Trust Fund for improvements at the Leesburg Regional Airport, in the amount of $116,257.50. Ms. Sherman introduced the following members of the Airport Team: Ms. Debbie Stivender, Economic Development Director/Airport Manager and Mr. Charlie Weller, Airport Operations Manager. She stated that the Comprehensive Plan plays an integral part in the goals and objectives for the County and its airports, and these can happen through the coordination and participation with the agencies that work with the airport project. It is also an integral part as part of the County's multi-module transportation system. She stated that airports provide additional access, since the roadways are quite crowded, and it also provides additional access to the local, State and National and International market, which will help bring
more things into Lake County, and to create more jobs for the area. Ms. Sherman stated that, during the City of Leesburg's visioning session in June, 1997, one of its goals was to develop arenas where it can develop additional jobs, to help retain the young people and provide them with decent salaries. The City also wants to influence business to locate with the area and create a better economic base for the taxes, and it also wants to be able to support the tourism efforts in the area.
Ms. Debbie Stivender, Airport Manager, addressed the Board and presented very detailed information on the following:
THEN - 1940 - Civil Aeronautics Administration leased to Federal Government for the military's use.
LEESBURG REGIONAL AIRPORT offers the following:
Mr. Weller addressed the Board and reviewed the following 1997/1998 Projects that have been proposed for the airport:
Electrical Vault/Rotating Beacon
Precision Approach Path Indicator Lights, R-3/21 (PAPI'S)
Airport Master Plan
Rehabilitate Displaces Threshold R-21 & Remainder of Taxiway "B"
Safety Overrun, R-3
Air Traffic Control Tower
operation of tower
Corporate and/or T-Hangars
Ms. Sherman extended appreciation from the City of Leesburg to all of the Commissioners, Ms. Sue Whittle, County Manager, Mr. Alvin Jackson, Deputy County Manager, Mr. Sandy Minkoff, County Attorney, Mr. Jim Stivender, Jr., Senior Director of Public Works, and Ms. Kathy McDonald, Administrative Services Coordinator, for all of their continued support.
Commr. Cadwell stressed that the County needed to do what it could to support the airport, because countywide and region wide, it is an important airport for economic development, and he appreciates the City stepping forward and doing these things now.
Ms. Sherman stated that it was discovered that the City was losing substantial dollars, as it related to grants and monies that were available to the City, from the FDOT and the FAA. She presented the Board with backup material following the presentation, which included the Five Year Improvement Plan for the Leesburg Regional Airport, and she noted the following contributions that would be made to each of the projects: FAA 90%; FDOT 5%; Leesburg 2.5%; and County 2.5%.
Commr. Gerber questioned whether the Leesburg Regional Airport will accommodate the same amount of traffic as the Sanford Airport.
Mr. Weller addressed the question and presented information about the Leesburg Regional Airport including the fact that the runways were extremely good and noted that a 737 jet could land there today without any problem. He stated that the length of the runways are good, but it does not have a margin of safety. Mr. Weller stated that the intent is to lengthen Runway 31 toward Lake Harris 1,000 feet, and to extend Runway 13 out 1,000 feet near Highway 441.
Mr. Jim Stivender, Senior Director of Public Works, stated that the second part of the agenda item was the funding for the improvements at the airport. He explained that, since 1992, the County has not spent more than $50,000, and it has rolled over $50,000 every year, and it is in the posture where the grants are in place and the capital improvement plan is here, and it is time to proceed to the next step. He stated that this type of transportation is in the Comprehensive Plan, and the ratio of contribution was very favorable to the County.
Discussion occurred regarding the hangar at the airport, with Ms. Stivender explaining that the grant applications that come into the City of Leesburg are categorized separately like the trust funds, and the airport itself has a separate fund, but not a trust fund.
Mr. Stivender explained that this item has been in the Board's budget for several years, but as a very small line item, because of the roll over situation, and because the capital improvements are taking place now, it will be a bigger issue, and staff will make sure that it comes forward to the Board in July, so that it can see the pro forma for the next three years.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request for approval and execution of the Sixth Amendment to the Interlocal Agreement between Lake County and the City of Leesburg relating to provision of funds from the County Transportation Trust Fund for improvements at the Leesburg Regional Airport, in the amount of $116,257.50.
Under discussion, Commr. Hanson questioned whether the $116,257.50 was a commitment for this coming year.
Commr. Swartz explained that it was a commitment based upon the County's portion of the $1,091,730.00, to fund a share of the overall project, which was just outlined to the Board.
Ms. Kathy McDonald, Administrative Services Coordinator, addressed the Board and stated that this interlocal agreement is just for the current fiscal year, and it is the estimated
match for this fiscal year. There will be a new agreement coming through to the Board each year.
Commr. Swartz suggested that, as the Board looks toward any future funding, this needs to be a part of the request line of the capital improvement plan.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Gerber voted "no".
Mr. Stivender informed the Board that staff has been working with DOT on the Highway 441 corridor, which includes improving access to the airport.
Commr. Gerber stated that the airport has poor access, it is so close to the water, and there are only two runways, and she does not feel this is the right place for it. She has no problem with the jets, but she feels that the smaller planes make much more noise.
Commr. Good discussed his participation with the Model Rocketry Group and questioned whether it was a big concern that the rocketeers were using the protected air space.
Mr. Weller stated that anything that will travel within protected air space needs to get approval from the FAA, because of the flight path.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that there were no citizens of Lake County who wished to address the Board with questions, comments and concerns.
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Swartz stated that there were some citizens present that wanted to address the Board.
Ms. Fran Smith, West Eldorado Drive, appeared before the Board to discuss the surveying and paving of Eldorado Drive. She stated that, if the County takes 35 more feet of the road, she will not be able to park a vehicle in front of her house, and there is not enough road to do a County road paving project.
Mr. Jim Stivender, Senior Director of Public Works, stated that the road has been worked on and designed, and it is ready to go out for bid. He would be glad to meet with the individuals on site and present exact details of what will be done at their locations. This particular road project is the only clay road left in this general area (between 44A and East Eldorado).
Mr. Stivender stated that the property owners did ask him about truck traffic, and staff will make sure the road is posted for "no thru trucks". He stated that this road has been on the County program for three or four years.
Mr. Stivender stated that it was not the staff's intention to take the additional right-of-way, and he will verify this in the field. He noted that there are property owners that want it paved, and there are those who do not want it paved, but staff was looking at it from the standpoint that it is a clay road in a residential area and paving it will save the County money.
Commr. Hanson stated that the people were concerned about the County taking the additional property along the road and the landscaping.
Ms. Smith stated that she was concerned about where the water will go when it drains from the road.
Commr. Swartz suggested that Mr. Stivender meet with the individuals and try and clarify the questions being presented today, and if Commr. Hanson needs to bring it back for Board action, she can do this at a later date.
Ms. Dorothy Green, West Eldorado Drive, stated that her husband has done extensive landscaping on their property, and their sprinkler system is now on the County's property, as well as a sabal palm. She stated that they have quite a lot of money involved in their landscaping, and it will be costly to them, if they have to move anything. She stated that the survey flags are now on their property. Ms. Green stated that, when they purchased their property over 20 years ago, they were told that there was going to be a road between their house and the lake.
Commr. Hanson stated that Mr. Stivender will meet with those individuals present today, and if they cannot resolve the issue, it will be brought back before the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, stated that, on April 22, 1998, staff received a request from Miller Realty to purchase two parcels of County property located within the City of Astor. The parcels have been identified as lots 2 and 3, Block 18, Astor First Addition, Manhattan Subdivision, and they are two of six parcels being purchased by Carl and Brenda Smith to be used as a site for the construction of a home. Mr. Anderson stated that the Property Appraiser's Office has the property valued at $3,965.00. This has been
reviewed with the Public Works Department and Parks Services, and in addition, staff has sent letters to the adjacent landowners notifying them of the County's intent. The County has not received any additional offers from those landowners, so staff was recommending approval of the request.
Mr. Sandy Minkoff, County Attorney, explained that properties that are worth less than $5,000 can be sold to an adjoining property owner, if all of the other adjoining property owners are given an opportunity to submit an offer, and this process has been taken by staff, and it has received no other offers. He stated that the Florida Statutes allows this to be done, because with smaller properties, it would not be economically feasible to have an appraisal done.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve the request for approval and execution of the contract for sale and purchase between Lake County and Carl and Brenda Smith to sell two County owned parcels located within the City of Astor, in the amount of $4,000.00.
Under discussion, Mr. Minkoff noted that a public hearing is not required, in order for the County to sell such property.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COUNTY ATTORNEY
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Certification of Costs in the case of State vs. Marcel A. Bureau in the amount of $509.00.
ADDENDUM NO. 1
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Bill DuVall to serve in the District 4 position on the Planning and Zoning Commission.
REPORTS - COMMISSIONER GOOD - DISTRICT #2
Commr. Good informed the Board of the Open House for the Palatlakaha Environmental and Agricultural Reserve on Saturday, June 6, 1998, 9 a.m. to noon.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Tamatha (Tami) Lyn Zimmanck to the Lake County Bicycle/Pedestrian Advisory Committee.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Charles P. Pendergrass to the Lake County Bicycle/Pedestrian Advisory Committee.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. R. Brek Dalrymple to the Lake County Bicycle/Pedestrian Advisory Committee.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Dr. Marcella Vogelmann-Peper to the Lake County Bicycle/Pedestrian Advisory Committee.
REPORTS - COUNTY MANAGER
Ms. Sue Whittle, County Manager, noted that there would be no Board meeting next Tuesday.
WATER RESOURCES/WATER AUTHORITY
Commr. Good questioned whether the County has received the language for the Lake Lowry agreement.
Mr. Sandy Minkoff, County Attorney, stated that staff received a draft of the agreement on Friday, and the Water Authority has commented on it. He anticipated that he would have the completed agreement to present to the Board at the next meeting.
ADDENDUM NO. 1
ROAD PROJECTS/PUBLIC WORKS
Commr. Hanson extended her appreciation to staff for putting the issue of the impassable dirt roads in the Lake Kathryn, Lake Mack and Pine Lakes area on the agenda for discussion. She stated that, in the northeast part of the County, it is almost like a drought, and the sand roads are next to impassable, and the emergency vehicles cannot get to residents. She asked staff if there was a possibility that the roads could be categorized in this area, first of all looking at those that have the most use and the most impact and are no longer neighborhood dirt roads, but have become collector roads and looking at those that have County right-of-way, to determine where it can help those folks, not necessarily by not paving, but by bringing some into the County maintenance system. She stated that it is almost an emergency situation in this part of the County.
Mr. Jim Stivender, Senior Director of Public Works, discussed the uniqueness of the area and explained that these problems occur every time the County has four to six weeks of no rain. He showed the Board a map that indicated the areas that have the sugar sand problem, where the water completely goes through it and does not have a base until approximately six feet down. Mr. Stivender stated that these rights-of-way were platted in the 1960s before there were subdivision regulations, and the County has done special assessments in this area, and these would qualify for the special assessment program in most cases, which is what staff would like to do. He stated that the alternative to this process would be a one time maintenance, where clay would be brought in, but this would not solve the overall problem. Mr. Stivender stated that some of the roads would qualify as collector roads, because one road is two and one-half miles long. He described the area and noted that there was no infrastructure put in place at any of the described locations. Mr. Stivender stated that one of his suggestions would be, for about $1,000 per day, the County could put three pieces of equipment in this area, a water truck, a grader, and a roller, and take as much of the existing material and try to solidify it. He stated that this would be the cheapest solution, and if the County had to bring in clay, it would have to haul it from Marion County.
Commr. Hanson stated that the only clay roads are in the forest, and the County could make the dollars go farther, if a clay base could be put in rather than doing the paving, and
without having a significant impact on the budget immediately. She stated that this issue was being brought to the Board, because she feels that the County needs a new program that will address some of these roads. She stated that 85% of these roads are in the northeast part of the County, even though many of the dirt roads are in the south part of the County, but they are clay, and they are long stretches of road, and many of the clay roads do not service the same number of people that these roads do. She was asking that the Board not look at the traditional means, because now that they are being used as collector roads, they are being used by everybody and not just by the people on the road. Commr. Hanson suggested that staff look at these roads that are major collector roads and bring them into the County maintenance system as clay roads. She noted that several ambulances and rescue vehicles have gotten stuck on these roads.
Commr. Swartz stated that the County has prioritized a clay-to-pave program to get the County out of the clay road situation. He stated that, if there is a road that qualifies as a collector, and there are other roads that may not be considered for the paving project, if all of the roads in the area benefited from that collector being paved, he questioned whether the County could fashion a special assessment where the County, keeping with its existing system, pays 50% and all of the property owners that would benefit from it would share in the costs.
Mr. Sandy Minkoff, County Attorney, stated that he was sure that the County could develop a system, and it would probably end up with different categories of assessments depending on how close someone would be to the paving.
Commr. Swartz stated that he was concerned about the integrity of the system that has been in place for so many years that the Board would go back and start creating new clay roads when it has a plan that the Board put in place to eliminate clay roads. He stated that the other way to do it, to keep the costs down in these very rural areas, is single track roads, and even in this case, they would need to be special assessed roads, because there are other people that were forced to participate in the special assessment program.
Commr. Hanson stated that, if the County was creating a single road that is clay, she would have more of a problem, but because it is a neighborhood, generally it is an area where the grader can come in there and do several roads at one spot rather than in an isolated area.
Commr. Swartz suggested that staff go back and find some of these roads that would clearly qualify as collector roads, and if the Board is willing to look at single tracks, look at the costs that would be associated with a single track road, providing places where opposing vehicles
can pull off and let the other one by, and find out what kind of special assessment costs there would be, and to put together something that Mr. Minkoff had suggested, that those who are closest to it may pay a higher percentage than those who are further away, but that everybody that benefits from that road would share in the costs.
Commr. Cadwell stated that this may be an area for a single track pilot program and maybe some type of assessment, but it may be different than the assessment that is being done now, and perhaps the County would take a bigger percentage of the assessment costs than it normally would to have the ability to try out these roads.
Commr. Hanson stated that what was being proposed would have to be considered on an individual basis, because there are many property owners that have five acre tracts.
Commr. Swartz stated that, if the County did a single track road on the collector, and the County would currently pay 50% on a twin track road, the percentage would be reduced and the amount that would be shared would be more than 50%. He felt it would be worth considering, but it would have to be something that would work in so many other areas of the County.
Commr. Hanson explained that some of the people are moving forward with the one time maintenance, and some are moving forward with their own special assessments. Commr. Hanson stated that she called Senator Anna Cowin's Office today, because Mr. Stivender had brought up the issue of the drainage and engineering problems that are very costly, to see if there was any help that they could be given to the County. She stated that one of the reasons that she voted against the five cent gas tax was because there was no plan to look at these types of roads, but if the Board was looking at these roads, she was willing to come back and look at the five cent gas tax again.
Commr. Swartz directed staff to come back with a proposal that would find something new and different from what the County has had in the past, maybe it would center around single track roads, which would reduce the costs significantly and give the Board the opportunity to see if it can find a way to put a special assessment together.
Commr. Hanson stated that she would like staff to come back with a plan on certain roads, so something can be done immediately.
Mr. Stivender stated that the County has 200 miles of clay roads to maintain, and the people are doing the best they can to maintain these roads.
Commr. Swartz stated that, if the Board could develop something that would be cost effective and improve their ability to get into and out of that property, that would be the long term solution they would need. In the short term, if the Board adopts a plan of action and begins down that process, the County can start dealing with those roads, because right now, it would be dealing with roads that are really on private property and are not County maintained.
Mr. Fran Benson, Forest Drive, addressed the Board and suggested that the impact fee be used for this area to help them with the roads, because he paid a big impact fee for his home, which went to pay for part of that road. Mr. Benson stated that he dumps water on that road, and it lasts for two weeks, and it would help if staff brought the water truck up to this area.
Mr. Stivender noted that District 1 is a rural road district, and none of these roads would qualify for impact fees.
Mr. Benson stated that more and more people are moving into this area and all of the five acre lots are being developed, and there are a lot of people living in this area. He stated that the people in the community have been doing all of the maintenance, and they do not feel there is a need for a two lane road. Mr. Benson stated that the County will be able to get more help from the people in the community for a single track road.
Commr. Swartz asked staff to move forward with the direction that has been given today, as noted.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:30 a.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
JAMES C. WATKINS, CLERK