A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 11, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, August 11, 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; William "Bill" H. Good; Rhonda H. Gerber (Commr. Gerber was out of town and not present for the meeting); and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sandy Minkoff, County Attorney; Wendy Taylor, Administrative Assistant, Board of County Commissioners Office; Barbara Lehman, Chief Deputy Clerk, County Finance; 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 that a published Addendum No. 1 and Addendum No. 2 had been added to the agenda. She stated that she would be bringing up for discussion cancellation of the August 18, 1998 Board of County Commissioners Regular Meeting under Reports.

UPDATE ON SOLID WASTE ACTIVITIES

Mr. Don Post, Senior Director, Solid Waste Management, appeared before the Board to provide an update on waste tire collection activities and explained that previously there were not enough uses for the waste tire grants and through the efforts of the Department of Growth Management and Ms. Wanda Williams, Code Enforcement Officer, Solid Waste Management has been working with the Code Enforcement Office and the Sheriff's Office to identify sites where a community waste tire cleanup would be beneficial. At this time, he displayed photographs of the City of Umatilla Mills Street Waste Tire Community Cleanup, held on August 8, 1998, and explained that 21 tons of waste tires were picked up. He stated that the component cost for tire disposal was $1,882 and that the tire grant would reimburse the Sheriff's Office and the County for staff time. At this time, Mr. Post expressed his appreciation to the Sheriff's Office and Corrections for their assistance in removing the tires from the roadway. He stated that the tires would be chipped and taken to the Ogden Martin Waste Energy Plant and to Coleman for recycling. Mr. Post noted that on August 1, 1998 the Mount Dora Pine Street Waste Tire Community Cleanup resulted in 6.43 tons of waste tires.



CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved the following requests:

Accounts Allowed/Budget Transfers

Request for approval of Budget Adjustment for FY 97/98 from the Office of Finance, as follows:.

A. Transfers:



1. Fund: General Fund

Department: Growth Management

From: Personal Services - Current Planning $30,000

To: Personal Services-Long Range Planning $30,000

Transfer #: 98-310



Justification: Additional funds are needed in Object Code 120 (Regular Salaries) Long Range planning due to an employee moving from Current Planning to Long Range Planning.



Bonds - Contractor



Request for approval of Contractor Bonds, New, as follows:



1998-5635 Kerry G. Bartlett (General Contractor/Residential Homes)

1998-5636 Kevin P. Kruger (Electrical)

1998-5637 Ronald R. Howe (Electrical)



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.



State Agencies



Request to acknowledge receipt of Notice of Commission Hearing Before the Florida Public Service Commission to ATC Long Distance (Transcall America, Inc. d/b/a), Telecommunications Services, Inc., and All Other Interested Persons; Docket No. 951232-TI; In Re: Dade County Circuit Court Referral of Certain Issues in Case No. 92-11654 (Transcall America, Inc. d/b/a ATC Long Distance vs. Telecommunications Services, Inc., and Telecommunications Services, Inc., vs. Transcall America, Inc. d/b/a ATC Long Distance) that are within the Commission's jurisdiction. Notice is hereby given that a prehearing conference will be held on August 6, 1998, at 9:30 a.m., Room 148; and a public hearing will be held on August 19, 1998 - August 20, 1998, at 9:30 a.m., Room 148, Betty Easley Conference Center; and Tallahassee, Florida.



State Agencies



Request to acknowledge receipt of Notice of Hearing and Prehearing Before the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities, and All Other Interested Persons. Docket No. 980001-EI - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor; Docket No. 980007-EI - Environmental Cost Recovery Clause. Notice is hereby given that a public hearing will be held on August 26, 1998, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida. August 27, 1998 and August 28, 1998 have also been reserved for continuation of the hearing, if needed.



It was noted that Commr. Gerber was out of town and was not present for the vote.



COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved the following requests:



Contracts, Leases & Agreements/State Agencies



Request for approval and execution of modification to the Local Mitigation Strategy (LMS) Contract with Department of Community Affairs extending the due date for the first period deliverables from June 30, 1998 to October 31, 1998.



Resolutions/Roads-County & State



Request for approval and execution of Resolution No. 1998-117 authorizing the posting of "NO PARKING ANY TIME" signs on County Road 40 in Astor.



Contracts, Leases & Agreements/Tourist Development Council



Request for approval to renew existing contract agreement between Lake County and Cramer-Krasselt per Section 9 of contract, for advertising and promotional services, the renewal will be for a period of one (1) year which extends agreement to August 31, 1999.



ADDENDUM NO. 2



Accounts Allowed/Contracts, Leases & Agreements/County Property



Request for approval and execution of contract and all necessary closing documents to purchase property in Pine Lakes at a cost of $70,000 for a County park and transfer station; and to provide a paved road and buffer at an estimated cost of $55,000.



Commr. Gerber was not present for the discussion or vote.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ORDINANCES/PLANNING

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Land Development Regulations, Section 14.07.04, Submittal Requirements for Subdivisions to require a Title Opinion Report, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER XIV, ADMINISTRATION; PROVIDING FOR THE AMENDMENT TO SECTION 14.07.04, SUBMITTAL REQUIREMENTS FOR SUBDIVISIONS TO REQUIRE A TITLE OPINION REPORT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Minkoff explained that this ordinance would clarify what the title opinion should consist of and provide for submittal of the opinion at the time of submittal of the preliminary plat.

At this time, Commr. Swartz opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved Ordinance No. 1998-65, an Ordinance amending the Land

Development Regulations, Section 14.07.04, Submittal Requirements for Subdivisions to require a Title Opinion Report, as read on its final reading by title only.

Commr. Gerber was not present for the discussion or vote.

FIVE YEAR ROAD IMPACT FEE PROGRAM - 1999 - 2003

COUNTY TRANSPORTATION TRUST FUND

ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board to present the Five Year Road Impact Fee Program and the County Transportation Trust Fund Road Program through year 2003.

County Transportation Trust Fund Road Program

Mr. Stivender briefly discussed various road projects and explained that there would be a larger number of road miles under the 1999 striping program, and a lower number of road miles in the Countywide Resurfacing program in order to address roadway safety issues. He briefly discussed the clay to paved program and the 1999 Sidewalk Project noting that the County was in year three (3) of a five (5) year sidewalk project.

It was noted that funding for the Road Construction Program for 1999 - 2003 was as follows:

COMMISSIONER DISTRICT ESTIMATED COST

District 1 $546,300

District 2 $4,490,801

District 3 $1,957,500

District 4 $2,686,885

District 5 $1,109,635



TOTAL $10,791,121

Mr. Stivender stated that the estimated cost of the Road Construction Program over the next five years was in the amount of $10,791,121 and that the funding level was estimated at $1,500,000, resulting in a shortfall in funding.

Commr. Hanson expressed concern that District 4 did not have the number of clay road miles to be paved and that there was a discrepancy developing in the number of paved roads in the remainder of the County versus the number of paved roads in District 4. She stated that residents in District 4 living on non-County maintained roads could only get their roads paved through participation because those roads were not clayed previously by the County as in other Districts. She suggested that the County begin claying some of those non-County maintained dirt roads in District 4 and gradually bringing them into the clay to paved road program. She stated that those on clay roads, at this time, were brought into the system at no cost to the residents living there and there was a disparity between the residents that are on those clay roads and those on dirt roads. She request that the Board look at this issue.

Commr. Good stated that he has received a special assessment request for Blue Sink Road and noted that the special assessment program was one way in which clay roads can move forward on the road projects list.

Road Impact Fee Program

Mr. Stivender reviewed the Road Impact Fee Program for 1999 through 2003, in the amount of $46,229.194, and discussed road projects that were at various phases of design and completion by Benefit District. He noted that many of the road projects were within municipalities and that staff would work with the municipalities on said projects.

It was noted that funding for the Road Impact Fee Program for 1999 - 2003 was as follows:

Road Benefit District Estimated Cost

1 $2,952,940

2 $11,986,000

3 $9,052,724

4 $3,997,184

5 $13,943,559

6 $4,296,787



TOTAL $46,229,195



Commr. Swartz questioned if the Road Impact Fee Program was being presented to the Impact Fee Study Committee and suggested that Commr. Gerber may wish to present said program to the Study Committee for their review.

At this time, Commr. Swartz opened the public hearing portion of the meeting on the Road Impact Fee Program and the County Transportation Trust Fund Program.

There being no one present wishing to discuss the above noted programs, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Good to approve the Road Impact Fee Program and the County Transportation Trust fund Program for 1999 through 2003.

Discussion occurred regarding the clay to paved road program and the disparity between the Districts; at which time Commr. Cadwell stated that he would support discussion on policy issues pertaining to road projects; however, noted that funding was an important factor.



Commr. Swartz suggested that one consideration would be to reclassify the roads as opposed to taking what is not enough money and spreading it more thinly.

The Chairman called for a vote on the motion which carried unanimously by a 4 - 0 vote.

Commr. Gerber was not present for the discussion or vote.

CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments or concerns to the Board at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/PLANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present the request for approval to advertise a public hearing on the repeal and amendment of the Lake County Land Development Regulations Section 9.01.00 and Section 9.02.00, Landscape Design Standards and Tree Protection Ordinance. She noted that an Executive Summary on the proposed Lake County Landscape Design Standards and Tree Protection Ordinance had been distributed to the Board prior to the discussion this date. She explained that the Executive Summary contained the highlights, changes and modifications to the proposed ordinance. She expressed her appreciation to Mr. Allen Heinrich, Horticultural Manager, Cherry Lake Tree Farm; and Mr. Charles Fedunak, Agricultural Extension Office, who assisted staff with the document. She stated that local licensed architects, landscape architects, professional engineers, the Lake County Cooperative Extension Agency and nursery representatives have reviewed the document, and the existing draft ordinance represents a culmination of their comments and concerns. Ms. Farrell noted that the City of Port Orange Landscape/Tree Protection Ordinance was also taken into consideration. At this time, Ms. Farrell reviewed the Executive Summary.

Discussion occurred regarding the landscape buffers between commercial, industrial, agriculture, and community facility areas being increased in width from 10' to 15'; and counting existing trees (except palms) larger than 2" caliper toward replacement requirements or minimum number of trees. Commr. Swartz expressed concern that there were no provisions in the proposed ordinance that protect trees over a certain size from being removed without good cause. Ms. Farrell noted that, under Tree Protection Standards, the minimum size of replacement trees for removal without a permit has been increased from 3" to 4" caliper. She explained that, as a Landscape Architect designs a site pursuant to code, he will be required to balance how many bigger trees he will have to put on the site. Commr. Swartz stated that he does not support larger trees being removed and replaced with the smaller trees when planning could prevent that from happening.

In response to a question presented by Commr. Hanson, Ms. Farrell explained that the City of Port Orange has a 30' landscape buffer for neighborhood commercial and a 50' buffer above neighborhood commercial.

Commr. Hanson stated that she would support a larger 50' landscape buffer between commercial, industrial, agriculture and community facility areas.

Commr. Good discussed the credit chart, under Section 9.01.03, which indicates that a credit for five (5) trees is received for a 30" existing tree. He stated that he realizes the value of an incentive to leave the large tree; however, he was not sure, in this particular credit situation, that it doesn't defeat the long term stability of the tree cover that you might have in a particular area by having one(1) tree rather than five (5) different species. He stated that there was a difference between the suburban character and the rural character in some areas of Lake County and that there needs to be a distinction made based on land use when considering planting criteria.

Ms. Farrell stated that there was language in the draft ordinance that addresses the odd rural uses. She stated that they were attempting to draft a consistent Landscape Ordinance regardless of the land use and noted that, because of land use, the majority of the commercial land uses are in more urbanizing areas.

Commr. Hanson questioned what provisions have been made with Code Enforcement to ensure the viability of the plants after they are planted, and stated that there should be some provision for an inspection.

Ms. Farrell explained that there was a provision in the code that requires irrigation and healthy plants. She discussed Tree Protection Standards and explained that, if a site has had trees removed and no development occurs within eighteen (18) months, the site is required to be revegetated. She stated that the requirements for single family homes has not been changed and that the proposed Landscape Design Standards and Tree Protection Ordinance would have no impact on housing affordability or on individual single family homesites.

Commr. Swartz brought up for further discussion the following language under Landscaping Standards: Landscape buffers between commercial, industrial, agriculture, and community facility areas have been increased in width from 10' to 15'.

Ms. Farrell displayed on the monitor language in the City of Port Orange Landscape/Tree Protection Ordinance addressing landscape buffers at which time discussion occurred regarding the purpose of a landscape buffer and an appropriate width. Ms. Farrell noted that the purpose of the landscape buffer was to provide a visual relief while traveling down the roadway and not to provide a native buffer.

Commr. Swartz suggested that consideration be given to the concept of encouraging parking in the rear of a building rather than in front of a building, which would require less buffering. He stated that he would like to discuss requiring a 50' buffer on major arterial and collector roads, if the parking was along that edge of the roadway, and requiring a lesser landscaping buffer when the parking was in the rear of the building.

Commr. Hanson stated that she would support the City of Port Orange's recommendations for a 50' buffer along designated roads, a 20' buffer on arterial roadways, and a 30' buffer in neighborhood commercial. She stated that going to a 20' buffer would double current Lake County requirements.

Commr. Swartz suggested language that would require a 50' buffer on major arterial and collector roads, a 30' buffer on neighborhood collectors, with a 50% reduction if parking was placed at the rear of the building. He further suggested that the Lake County Code provide for an administrative review for those parcels that are already created and cannot meet the buffering requirements.

At this time, Mr. Jim Smith, Director, Planning and Development Services, presented photographs on the monitor illustrating the landscaping standards and sign control for the City of Port Orange and briefly discussed same.

Commr. Swartz requested that staff provide the Board with photographs of some of the new areas that have attractive, well landscaped inner parking areas that serve buildings on four sides. He further requested that staff bring back language that addresses his suggestions and addresses landscaping buffer widths. He brought up for discussion Tree Protection Standards and the tree removal replacement issue, and stated that he would like some standard by which trees above a certain standard or certain type can not be removed without just cause. He questioned if there was a roadway requirement as it relates to residential; at which time, Ms. Farrell responded that there was not a roadway requirement in the ordinance before the Board at this time; however, there was a requirement for the single family residential structures that at least one of the minimum number of trees required per site be in the front yard 10' from the road right-of-way. Commr. Swartz interjected that he would support a road side treescaping program in residential that would clearly landscaped the County's rights-of-way.

Discussion occurred regarding the size of trees planted for all projects, except single-family residential, being increased from 1" DBH to 1 - 1 " caliper. Commr. Good noted that different species grow at different rates, and it would make sense to have a little larger tree for a slow growing species and a little smaller tree for a faster tree.

Commr. Swartz requested that staff provide the Board with a copy of the Landscaping/Tree Ordinance for the City of Port Orange and other municipalities that may be available. Staff was directed to prepare the recommended changes and to bring the request for permission to advertise for a public hearing on the Lake County Land Development Regulations Section 9.01.00 and 09.02.00, Landscape Design Standards and Tree Protection Ordinance back to the Board for further review.

RECESS & REASSEMBLY

At 10:50 a.m., the Chairman announced that the Board would recess and reconvene at 11:00 a.m.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1998-118 appointing Chet Blackmon to the Tourist Development Council to fill the unexpired term from the category of elected representative of governmental units ending December 1, 1998.

Commr. Gerber was not present for the discussion or vote.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Special Master Agreement between Lake County, Nika Garriott Felty, Trustee, and Special Master, C. Welborn Daniel.

Commr. Gerber was not present for the discussion or vote.



COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3

MEETINGS

Commr. Swartz brought up for discussion and consideration a new format for the 1998 State of the County event tentatively scheduled on October 22, 1998. He explained that the State of the County would be held in the Historic Courthouse and include tours of the Historic Courthouse and displays by the departments and the Constitutional Officers. He stated that each Commissioner would be given the opportunity to provide a brief presentation on special accomplishments for the year.

It was the consensus of the Board to schedule the State of the County on October 22, 1998.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, stated that, in the case of PrimeCo vs. Lake County, Mr. Steve Lengauer, outside risk management counsel, has recommended that Lake County negotiate to end the balance of the litigation with each party assuming its own costs and fees pursuant to Judge Hodge's order indicating that the County must approve the tower installation.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved to use outside counsel to negotiate settlement of litigation in the case of PrimeCo vs. Lake County.

Commr. Gerber was not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the request for approval and execution of the Funding Agreement between Lake County and the Oklawaha Basin Recreation and Water Conservation and Control Authority for cost-sharing involved in retaining experts relating to the Lake Lowery Administrative Hearing. Mr. Minkoff noted that it was anticipated that Lake County's share of the costs would exceed the estimated amount of $32,500.00.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of the Funding Agreement between Lake County and the Oklawaha Basin Recreation and Water Conservation and Control Authority for expert cost-sharing relating to the Lake Lowery Administrative Hearing.

Commr. Gerber was not present for the discussion or vote.

COUNTY MANAGER

MEETINGS

Ms. Sue Whittle, County Manager, informed the Board that the Board of County Commissioners Regular Meeting, scheduled on August 18, 1998, has been canceled. She explained that the Commercial Container Fee Program workshop has been rescheduled to September 8, 1998 and that the Evaluation and Appraisal Report (EAR) workshop would be rescheduled after the Planning and Zoning Commission has transmitted the Evaluation and Appraisal Report sometime in September.

ADDENDUM NO. 2 (CONTINUED)

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Kenneth Cohrn, D.D.S. to the vacant position of a citizen representing the elderly consumer on the Lake County Comprehensive Health Care Committee. This appointment is for a three year term beginning August 16, 1998.

Commr. Gerber was not present for the discussion or vote.

REPORTS (CONTINUED)

COMMISSIONER GOOD - DISTRICT NO. 2

PLANNING/MUNICIPALITIES

Commr. Good brought to the attention of the Board an item of concern regarding the issue of land use changes by the City of Leesburg outside of the tentative Joint Planning Areas with the City of Leesburg. He displayed on the monitor four (4) proposed land use ordinance changes amending the City of Leesburg Comprehensive Plan and changing the Future Land Use Map designation to city residential for each of the proposed parcels. At this time, he noted the locations of the land use changes and discussed same. He stated that the four (4) parcels were not within the Joint Planning Area, and expressed concern him that this may be unilateral planning and not joint planning. It was noted that the above noted parcels had previously been annexed into the City of Leesburg.

Ms. Sue Whittle, County Manager, noted that Ms. Sharon Farrell, Senior Director, Department of Growth Management, attended the City of Leesburg City Council meeting on August 10, 1998 with regard to one of the above noted parcels at the direction of the Board.

At this time, staff was directed to bring back staff reports on each of the above noted parcels that were recently annexed into the City of Leesburg and rezoned to city residential by the City of Leesburg at a meeting on August 10, 1998.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.

__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN









ATTEST:







_________________________________

JAMES C. WATKINS, CLERK





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