The Lake County Board of County Commissioners met in regular session on Tuesday, October 20, 1998 at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; G. Welton Cadwell, Vice Chairman; William "Bill" H. Good (arriving at 9:20 a.m.); Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, BCC Administrative Assistant; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney, informed the Board that, under Tab 20, the attachments were inadvertently left off, and they were on the table in front of the Board members.
Ms. Sue Whittle, County Manager, informed the Board that there was one Addendum item that has been distributed to the Board.
MINUTES
Discussion occurred regarding the Minutes of August 4, 1998, with the following changes being made:
Page 1, Line 13 - Change Addendum to Addenda
Page 11 - Line 3 - Change spelling of proper name to: Szunyog
Discussion occurred regarding Page 21, Lines 8 and 9, with it being noted that the Board would postpone action on the Minutes of August 4, 1998, until Commr. Good arrived to verify his comments.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the Minutes of September 15, 1998, Regular Meeting, as presented.
Commr. Good was not present for the vote.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the Minutes of September 23, 1998, Townhall Meeting - Sorrento, as presented.
Commr. Good was not present for the vote.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried by a 4-0 vote, with Commr. Good not being present, the Board approved the Clerk of Courts' Consent Agenda, Tabs 1 through 8, for the following requests:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Request to approve the following Contractor Bonds, as listed:
Cancellation
4759 James Wilson d/b/a J. W. Aluminum
New
390-99 T. Graham Phillips/Multi-Con Electric, Inc.
402-99 Boone Sign Erection and Service Inc.
536-99 Ronald I. Brown d/b/d Semco Electric inc.
591-99 Robert I. Wise
624-2000 Krueger-Taylor Construction (Installation of Aluminum Walkways)
649-99 State Electric Company
1274-99 Air Comfort Design Specialists inc.
1349-99 Thomas M. Hart d/b/d Hart Electric
2003-99 Warren R. Wise
4031-99 Harold's Plumbing
4098-99 S. E. Dollen, Inc.
4272-99 Mark Dixon d/b/a Dixon Electric
4286-99 Ken's Plumbing, Inc.
4407-99 Charles E. Binder
4449-99 James L. Cox
4525-99 American Electric Central Fla. Inc.
4601-99 Emcee Electric
4628-98 Daniel R. Herndon d/b/a Star Management (Plumbing)
4651-99 Chinchor Electric, inc.
4685-99 Kenneth Galo Gomez
4706-99 Bowman Electric, Inc.
4709-99 Ellis Kent Chavers
4750-99 Stan King d/b/a R.E.W. Services, Inc.
4764-99 Aluminum Structures by Jack Hobbs, Inc.
4869-98 Ronald Hagadorn (Swimming Pool Maintenance)
4909-99 Juan Torres d/b/a AAArons Electric
4910-99 Chris E. Johnson
4917-99 Richard Horn d/b/a 1 R & R Electrical Allstar
4938-99 Theodore A. Mapes Jr.
4983-99 George W. Heymann/Elite Electric of Central Florida Inc.
4986-99 Alan Green d/b/a Alan Green Pools & Spas (Swimming Pool)
5027-99 Kenneth Lawrence Watson
5037-99 Myron D. Deetz d/b/a Smith's Air Conditioning
5043-99 Tony Dinatale
5101-99 Clarence E. Kelly (General)
5113-99 Ronald D. Farley
5193-99 Bill Hall d/b/a Bill Hall's Plumbing
5275-99 Dollard Enterprises
5306-99 Jean Lacy
5350-99 James Walton Ward
5379-99 Metro Air Tech
5425-99 John T. Roman
5440-99 Leo J. Couture (Heating/Air Conditioning)
5447-99 Walter D. McQuaig, Jr. d/b/a American Masonry of Ocala, Inc.
(Concrete Specialty Contractor)
5511-99 Allied Roofing (Roofing Contractor)
5561-99 T. R. Plumbing, Inc. (Plumbing)
5591-99 William M. Lynch III
5645-97 Don P. Sandargas
5646-99 Mark Sanford (Electrical)
5647-2000 Coy L. Thomas (Electrical)
5648-99 Innovation Industries, Inc. d/b/a Jack & Andy's Electric
(Electrical Contractor)
5649-98 1st Response Security Services, Inc. (Bronie j. Zagrabelny)
(Alarm Installation)
5650-99 Raymond R. Holloway/Raybob Plumbing Company, Inc.
5651-99 Larry G. Morrow and West Coast Signs, Inc.
(Electrical Specialty - Sign)
Municipalities/Ordinances
Request to acknowledge receipt of the following Ordinances from the City of Eustis:
Ordinance No. 98-23 - An Ordinance of the City Commission of the City of Eustis, Florida; Initiated by the Property Owners, Annexing into the Corporate Limits of the City of Eustis, Florida, 9.4 Acres of Vacant land, on the West Side of Dillard Road Between U.S. Hwy. 441 and Mt. Homer Road, with a Conceptual Plan for Proposed Church Building of 10,500 Square feet; Subject to the Lake County Land Use Map Designation of "Urban", Pursuant to Florida Statute 171.062; Providing for Limitations and Certain Conditions; Amending the Future Land Use Map Pursuant to Florida Statute 163.3187; Providing for Redefinition of the Land Boundaries of the City of Eustis; Providing for Filing of this Ordinance; Providing for Severability; Providing for an Effective Date; and Providing for Publication by Posting According to the Law.
Municipalities/Ordinances
Request to acknowledge receipt of the following Ordinance from the City of Tavares:
Ordinance 98-15 - An Ordinance Amending the Official Zoning Map of the City of Tavares by Rezoning from RSF-1 t RSF-A Approximately 1.5 Acres of Property Generally Located on the East Side of Donna Street, North of Lake Dora Drive, Subject to the Rules, Regulations and Obligations Ordained by the City of Tavares Council; Providing a Special Use Permit for a Bed and Breakfast; Providing an Effective Date.
Ordinance 98-17 - An Ordinance Amending the Boundaries of the City of Tavares by Including Withing the City Limits Property Generally Described as Approximately 1.6 Acres Located on North Eichelberger Road, Approximately .2 Miles South of Lane Park Road, Subject to the Rules, Regulations and Obligations Ordained by the City of Tavares Council; Rezoning the Property from County Ag to City RMH-S; Providing an Effective Date.
Ordinance 98-18 - An Ordinance Amending the Boundaries of the City of Tavares by Including Within the City Limits Property Generally Described as Approximately 6.6 Acres Located Approximately .1 Mile East of US 19 and North of Southridge Industrial Drive; Subject to the Rules, Regulations and Obligations Ordained by the City of Tavares Council; Rezoning the Property from County HM to City I; Providing and Effective Date.
Ordinance 98-19 - An Ordinance Rezoning and Amending the Future Land Use Map for Property Generally Described as the North 150 Feet of the South 350 Feet of Block 101 According to the Map of Tavares as Recorded in Plat Book 1, Page 64 of the Public Records of Lake County, Florida; Rezoning the Property from RSF-1 to MUC and Amending the Future Land Use Map from Low to MUC; Subject to the Rules, Regulations and Obligations Ordained by the City of Tavares Council; Providing and Effective Date.
Ordinance 98-20 - An Ordinance Amending the Boundaries of the City of Tavares by Including Within the City Limits a Portion of the Right-of-Way of State Road 19; Providing an Effective Date.
Budgets/Water Authority
Request to acknowledge receipt of the following:
A copy of the Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority's) Final Budget for 1998-99.
Reports/Water Authority
Request to acknowledge receipt of the Lake County Water Authority Annual Report of Meeting Schedule.
Budgets/State Agencies/Water Resources
Request to acknowledge receipt of the copy of the Fiscal Year 1999 Budget for the St. Johns River Water Management District adopted by the Governing Board on September 23, 1998.
Utilities
Request to acknowledge receipt of the following:
Notice of Commission Hearing Before the Florida Public Service Commission to Alltel Florida, Inc.; AT&T Communications of the Southern States, Inc.; Bellsouth Telecommunications, Inc.; E. Spire Communications, Inc.; Florida Cable Telecommunications, Inc.; Florida Competitive Carriers Association; Frontier Communications International, Inc.; GTC, Inc.; GTE Florida Incorporated; ITS Telecommunications Systems, Inc.; MCI Telecommunications Corporation; Northeast Florida Telephone Company, Inc.; Office of the Public Counsel; Office of the Attorney General; Sprint-Florida, Incorporated; Supra Telecommunications & Information systems; Telecommunications; Worldcom Technologies, Inc.; and All Other Interested Persons; Docket No. 980696-TP; In Re: Determination of the cost of basic local telecommunications service, pursuant to Section 364.025, Florida Statutes.. Notice is hereby given that a prehearing conference will be held on September 28, 1998, at 1:30 p.m., Betty Easley Conference Center; and a public hearing will be held on October 12-16, 1998, at 9:30 a.m., Betty Easley Conference Center, Tallahassee, Florida.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments and concerns.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz stated that there had been a request from staff to pull Tab 8 from the Consent Agenda regarding Library Services, and he requested that Tab 10 regarding the Parking Policy be pulled for comment.
It was clarified that the item noted regarding Library Services was not the item that staff wanted to pull for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a 4-0 vote, with Commr. Good not being present for the vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 13, with the exception of Tab 10, for the following requests:
Contracts, Leases & Agreements/Health Department
Request to approve the Third Amendment to the contract between Lake County and Lake County Health Department for Fiscal Year 1997/1998 to reflect increases in programmatic funding and shifts in programmatic planned expenditures.
Accounts Allowed/Community Services/Contracts, Leases & Agreements
Request for approval of six (6) Human Services Agencies who have made application for funding to Lake County and for Chairman to execute subsequent contracts at a total fiscal impact of $100,000.
Accounts Allowed/Economic Development
Request for approval to return Jobs Growth Incentive award monies in the amount of $1,750.00 to Trust Fund Account.
Accounts Allowed/Emergency Services/Ambulances-Hospital Districts
Request for approval for an additional $15,000 expenditure from the Ambulance Fund to cover the cost to replace the current CAD (Computer Aided Dispatch) System.
Accounts Allowed/Emergency Services
Request for approval to donate and sell surplus equipment to other government entities in the amount of $1,000, as follows:
Sumter County
1 - 1979 GMC Fire Pumper CP#12930 - Donate
1 - 1967 FMC Ford Fire Pumper CP#08848 - $1,000
Mount Dora
11 - ISI air packs with or without masks - Donate
Oxford Fire Department (Sumter County)
1 - 250 gpm Monarch pump CP#14345 - Donate
Grants/Libraries/Resolutions
Request for approval of transfer of funds and approval and execution of Resolution to receive unanticipated revenue from the Library Services and Technology Act Grant Administered by the State of Florida, as follows:
Budget Adjustments for FY 97/98
Transfers:
1. Fund: Transportation Trust Funds
Dept.: Public Works
To: Grants and Aids $30,000
From: Professional Services $30,000
Transfer #: 98-387
Justification: Additional funds are needed to pay the county's 10% on Capital purchases (Buses) for the Transportation Disadvantaged Program.
2. Fund: Transportation Trust Funds
Dept.: Public Works
To: Rentals and Leases $41,000
From: Contingency $41,000
Transfer #: 98-411
Justification: Additional funds are needed to pay for unanticipated costs associated with the development of Phase II of the Industrial Park.
3. Fund: Various
Dept. Various
To: Personal Services $80,911
From: Contingency $80,911
Transfer #: 98-413
Justification: Adjustments need to be made to various personal services accounts for year end purposes.
Budget Adjustments for FY 98/99
A. Resolutions 1998-164:
1. Fund: Countywide Library
Revenue: Cataloging Update $54,726
Expenditure: Various $54.726
Amendment #: 99-002
Justification: Resolution to receive unanticipated revenue from the Library Services and Technology Act Grant Administered by the State of Florida.
Contracts, Leases & Agreements/Growth Management
Request for approval for approval and execution of Agreement between Lake County and M/I Schottenstein Homes, Inc., for the issuance of six (6) building permits on Lots 124, 125, 126, 127, 128 and 134 in the Savannas Phase 2B Subdivision prior to the acceptance and recordation of the final plat - Commission District 2.
Public Works
Request for approval of the new Lake County Transit Development Plan and the Transportation Disadvantaged Service Plan.
Road Vacations - Permission to Advertise
Request for approval to advertise Vacation Petition No. 879 by Philip and Madeline Kuharske to vacate right-of-way, Groveland Farms, Sec. 16, Twp. 23S, Rge. 24E, Groveland area.
Accounts Allowed/Purchasing
Request for approval of rental earthmoving equipment from Boykin Construction for Public Works in the amount of $44,975 to complete work at Phase II of the Chris Ford Industrial Park. Funding is from 112.50053200.541.8300440 (Public Works Operations Maintenance).
COUNTY POLICY/PERSONNEL
Commr. Swartz addressed Tab 10, which he had requested to be pulled for comment, and stated that, on Page 81, he would like to have the word "convenient" included in the language for "Purpose". He referred to the General Administration, #3, and questioned the language regarding permits for employee and/or visitor parking.
Mr. Sandy Minkoff, County Attorney, explained that there may be times when an employee is entitled to park in a visitor parking space, for instance, a Sheriff's Deputy who is off duty, but drives a marked County vehicle and is here doing County business, or a spouse of an employee that drives a car with a sticker on it may be entitled to park in a visitor's space, to do County business.
Discussion occurred regarding whether the language was clear enough to be interpreted in this manner.
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, stated that the language could be reviewed to make sure it was clear.
Ms. Sue Whittle, County Manager, explained that a parking procedure will follow this request, and the direction may be clear enough in the policy and can be clarified and explained in the procedure.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the new Parking Policy, with the word "convenient" being added to the "Purpose" on Page 81, as requested.
Commr. Good was not present for the vote.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
It was noted that no one present wished to address the Board with questions, comments and concerns.
Commr. Hanson stated that it would help her, when talking to the citizens, to have a time certain for the Citizen Question and Comment Period
COMMISSIONERS
It was noted that Commr. Good arrived at 9:20 a.m. for the meeting.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Commr. Swartz stated that, in regards to scheduling a time certain for the Citizen Questions and Comment Period, the issue could be discussed at the next Board Retreat.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMITTEES/ORDINANCES
Mr. Fletcher Smith, Senior Director, Community Services, was present to answer questions of the Board.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval to advertise an Ordinance amending Section 2-88 of the Lake County Code, Section 2-88, which defines membership of the Affordable Housing Advisory Committee.
COMMITTEES/LIBRARIES/ORDINANCES
Ms. Wendy Breeden, Library Services Manager, was present to discuss the request to advertise an Ordinance amending Chapter 12, Lake County Code, Libraries, Article III, Countywide Library Board.
Commr. Swartz addressed Page 3, Line 8, which refers to library "representative" and library "alternate" and stated that only one can vote but, in this particular section, it was not clear that there will be only one vote.
Ms. Breeden stated that this was the exact wording that was in the Interlocal Agreement.
Mr. Sandy Minkoff, County Attorney, stated that, on Page 5, Lines 6 and 7, it states "governing body may remove its designee and designate a new representative" and using that language, it could mean either the original one, or the alternate, and that was the intent.
Commr. Good made a motion, which was seconded by Commr. Hanson, to approve to advertise an Ordinance amending Chapter 12, Lake County Code, Libraries, Article III, Countywide Library System; providing for amendment to Section 12-37, Library Board; to eliminate the Lake County Library Board and create the Lake County Library Advisory Board in its place; providing for amendment to Section 12-37, Library Board regarding appointment of Library Advisory Board Members and Alternate Members.
Under discussion, Ms. Breeden stated that a draft of the Ordinance was sent to all of the members of the Library Board, and they were told that it would be coming before the Board.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
MINUTES
Discussion occurred regarding the Minutes of August 4, 1998, Regular Meeting, with Commr. Good reviewing his comments on Page 21, Lines 8 and 9, and noting that the language was correct.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the Minutes of August 4, 1998, Regular Meeting, with the following corrections:
Page 1, Line 13 - Change Addendum to Addenda
Page 11 - Line 3 - Change spelling of proper name to: Szunyog
Commr. Cadwell was not present for the vote.
ACCOUNTS ALLOWED/COUNTY PROPERTY
CONTRACT, LEASES & AGREEMENTS
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board to discuss the request for approval and execution of the Agreement between Lake County and Union Congregational Church of Tavares, Inc. for the purchase of real property in the amount of $30,000. Mr. Anderson pointed out that the actual amount should be $30,000 instead of $25,000 as indicated on the agenda. He stated that the original property was listed by the real estate company at $40,000, the County offered $25,000, they counter offered $35,000, the County counter offered $30,000, and they accepted this offer. Mr. Anderson stated that the property is 50 feet by 130 feet.
Mr. Sandy Minkoff, County Attorney, pointed out that, prior to using the property for parking purposes, a site plan would have to be submitted for approval to the City of Tavares. It was noted that the proper procedures were taken to acquire the property.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of the Agreement between Lake County and Union Congregational Church of Tavares, Inc. for the purchase of real property in the amount of $30,000 with the following legal description: Lot D, Block 7, per Official Records Book 560, Page 521, and Official Records Book 590, Page 619, Public Records of Lake County, Florida, as per Plat Book 1, Page 64, Public Record of Lake County, Florida. ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Ms. Sharon Farrell, Senior Director, Growth Management, explained that the contract held by Hartman & Associates, Inc. had expired in 1996, so the contract needed to be extended through September, 1998.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of the First Amendment to Agreement between Lake County and Hartman & Associates, Inc. for Ground Water Modeling Professional Services extending the contract period to September 30, 1998.
RESOLUTIONS/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, was present to answer questions of the Board regarding the proposed Resolution establishing the Comprehensive Plan Amendment Schedule for Calendar Year 1999.
Ms. Sandy Minkoff, County Attorney, explained that, with the change in the Statute, Comprehensive Plan Amendments can now be submitted within a year after submitting the Evaluation and Appraisal Report (EAR), whether or not it has been approved or adopted.
Commr. Hanson made a motion, which was seconded by Commr. Good, to approve the request for approval and execution of the Resolution establishing the Comprehensive Plan Amendment Schedule for Calendar Year 1999.
Under discussion, Commr. Gerber noted that the application deadline dates were December 31, 1998 and July 2, 1999.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
COMMITTEES/PUBLIC WORKS/RESOLUTIONS
Mr. Stuart Buchanan, Alternative Transportation Planner, was present to answer questions of the Board regarding the proposed Resolution modifying the Bicycle Pedestrian Advisory Committee's By-laws.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of the Resolution modifying the Bicycle Pedestrian Advisory Committee's By-laws to reduce quorum requirements from eight (8) members to six (6) members.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS, GRANTS
Mr. Stuart Buchanan, Alternative Transportation Planner, was present to answer questions of the Board regarding the Transportation Disadvantaged Grant Program Agreement.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of the Transportation Disadvantaged Grant Program Agreement between Lake County and the Florida Commission for the Transportation Disadvantaged for Fiscal Year 1998/1999 in the amount of $19,568.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
MUNICIPALITIES/COUNTY PROBATION
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board to explain the Lease Agreement between Lake County and Moore Holding Corporation relating to Store No. Eighteen (18), Golden Triangle Shopping Center, Old Highway 441, Mount Dora, to lease space to temporarily relocate the Lake County Probation Office and would have a fiscal impact of $16,008. Mr. Smith stated that this is a 2,000 square foot building, and Mr. Moore has agreed to clean up the space for occupancy after the lease is approved. Mr. Smith stated that the County is responsible for routine maintenance.
Commr. Cadwell questioned whether, in the County's long range plan for Probation and the Health Department, the12 month lease was too long.
Mr. Smith stated that the plans are to eventually relocate County Probation to the old post office in downtown Tavares.
Ms. Sue Whittle, County Manager, stated that staff estimates a year, but this lease does have a provision for up to two (2) three month extensions, because part of that depends on the completion of the Public Works building and moving those people out of the post office, and the lab construction at the Astatula site, which the Board approved at the last meeting.
Discussion occurred regarding the problems County Probation has experienced with the air quality in the Administration Building, with staff noting that Probation is currently located at the Agricultural Center. It was further noted that staff was working on resolving the problem that currently exists in that area of the Administration Building.
Commr. Cadwell questioned whether the Golden Triangle Shopping Center is part of the route for Lake County Transit and directed staff to check into this matter.
Mr. Sandy Minkoff, County Attorney, pointed out that there was no termination clause, so it is a 12 month lease with two extensions.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the Lease Agreement between Lake County and Moore Holding Corporation relating to Store No. Eighteen (18), Golden Triangle Shopping Center, Old Highway 441, Mount Dora, to lease space to temporarily relocate the Lake County Probation Office. Fiscal impact of $16,008.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Good made a motion, which was seconded by Commr. Hanson, to approve the reappointment of Jim Page, as the Representative of the Lady Lake Library, and the appointment of A. J. Bogart, as the Representative of the Mount Dora Library, to the Lake County Library Board.
Under discussion, Ms. Wendy Breeden, Library Services Manager, noted that the Board has to wait on the appointment of the alternates, until the approval of the Ordinance, and staff was hoping to get that item on the agenda for the November 17, 1998 meeting.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COUNTY ATTORNEY
LIBRARIES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, explained that the Ordinance will clarify that the Board of Trustees of the Lake County Law Library is not an independent special district, and it does not have to report to the Department of Community Affairs (DCA) each year, and it will make some additional minor changes to the Lake County Code.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the request for approval to advertise an Ordinance amending Chapter 9, Section 9-2 and Chapter 12, Sections 12-17 and 12-18 of the Lake County Code, repealing Chapter 12, Section 12-20 of the Lake County Code, and clarifying the role of the Board of Trustees of the Lake County Law Library.
ACCOUNTS ALLOWED/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney, presented an explanation of the Statement of Claim, which Lake County was filing in Probate.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Request for approval and execution of Statement of Claim by Lake County in the amount of $765 for attorney fees in Circuit Court Case No. 97-805-CP, In Re: Guardianship of Blanche T. George.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Statement of Claim by Lake County in the amount of $753 for attorney fees in Circuit Court Case No. 96-1620-CP, In Re: Guardianship of Jose Cora.
ACCOUNTS ALLOWED/COURTS-JUDGES
Commr. Swartz questioned whether, in regards to the claim for damages to a vehicle involved in an accident with a County vehicle, the County is working on any safe driving training programs.
Ms. Sue Whittle, County Manager, stated that the County is working on safe and defensive driving programs for employees.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval to pay the subrogation claim in the amount of $12,248.35 for damages to a vehicle involved in an accident with a County vehicle.
CONTRACTS, LEASES & AGREEMENTS/ZONING
Mr. Sandy Minkoff, County Attorney, explained that the Settlement Agreement between Lake County and PrimeCo provides that both parties will bear their own costs and attorney fees, there will be no claims for damages from either party against each other resulting from this rezoning, and the County will issue the final CUP for the tower.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Settlement Agreement between Lake County and PrimeCo Personal Communications and revisions of PrimeCo CUP, Ordinance 1998-85.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the appointment of Ted Wicks to the City-County Parking Committee to serve in the Citizen's capacity.
REPORTS - COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT #3
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1998-163 honoring the Lake Community Action Agency on its 32nd Anniversary.
REPORTS - COUNTY MANAGER
RAILS TO TRAILS
Ms Sue Whittle, County Manager, informed the Board that staff had received confirmation that the Rails to Trails application for Lady Lake ranked ninth in the State, and the top ten will be funded, and they will be begin the acquisition process over the next year. She noted that this particular trail is about one and half miles long and links City Hall through the downtown area.
REPORTS - COMMISSIONER GOOD - DISTRICT #2
RECREATION
Commr. Good invited everyone to South Lake County for the Triathlon Event this weekend on Saturday, October 24, 1998, and he informed the Board that Lady Lake will have the first annual Lake County Folk Festival at Uncle Donald's Farm this weekend.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
COURTS-JUDGES
Commr. Hanson recommended that the County give some air time for discussion on Revision 7, maybe 10 or 15 minutes, to be scheduled for next week as part of the Board's agenda, because there seems to be a lot of misunderstanding of the whole Revision.
Discussion occurred regarding the video that was available and the possibility of showing it, with a lead in by Commr. Gerber, or Commr. Cadwell.
Commr. Good stated that there was a very interesting presentation made before the League of Women Voters, and the League has published their recommendations. There were five women's groups that sponsored that forum, and there was a lot of literature available.
Commr. Swartz stated that it would be important for the Board to show the video tape and have Commr. Cadwell and Commr. Gerber work out the introduction.
The Board directed Ms. Sue Whittle, County Manager, to facilitate air time for discussion on Revision 7 regarding the funding of Florida's court system, and to coordinate this item with Commr. Gerber or Commr. Cadwell, and to review the video tape to make sure it is suitable.
COMMISSIONERS/MEETINGS
Commr. Swartz reminded the Board that the State of the County will be held Thursday, October 22, 1998, beginning with tours in the Historic Courthouse at 5:30 p.m.. The program is scheduled to begin at 6 p.m.
PUBLIC WORKS
Commr. Swartz referred back to Tab 11 regarding the new Lake County Transit Development Plan and the Transportation Disadvantaged Service Plan and stated that Mr. Jim Stivender, Senior Director of Public Works, Mr. Noble Olasimbo, Engineer II of Public Works, and Mr. William Ball of Tindale Oliver and Associates, Inc. were present to discuss the request.
Mr. Ball stated that, for the last eight or nine months, they have been working on a Transit Development Plan for Lake County, and today they wanted to give the Board a summary of the final recommendations, and to answer questions of the Board. He presented the Board with backup material, which was reviewed in detail, as follows:
Overview of Final Plan
Public Involvement
Recommended TDP
5 - Year Implementation Plan
Vision for Transit
Financial Plan
Local Govt. Commitment
What Do You Get?
What's Next?
Commr. Good stated that he wanted to request information from this group that showed the difference between air emissions between a bus load of people moving on a bus versus several cars going down a corridor, because at the Regional Planning Council meeting, it was said that, by the year 2000, Orlando will be starting to hit air pollution load standards established by the Federal Government, which will jeopardize some of their funding for roads. He stated that any contribution that the County can make to reducing the air emissions is good and that is a factor that needs to be taken into account, as the County looks at any type of mass transit program.
Mr. Stivender stated that, for clarity on the census issue, the 1990 census identified two urban areas of 35,000 each, and if they had been connected to make 70,000, the County would have been MPO qualified. They did not connect the Leesburg area and the Golden Triangle area, and this time they will be one unit.
Ms. Whittle stated that staff does have a Census Team looking into this issue.
Discussion continued regarding several issues including the scheduling of the software, the Lynx Bus program, the need to get the numbers from Mount Dora to Seminole County, and the marketing plan for the express bus.
Commr. Swartz stated that the County Attorney's Office is looking at an agreement that is being used in either the City of Kissimmee, or Osceola County, about the shelters, and the Transportation Disadvantaged Board will be looking at this issue in more detail.
Mr. Stivender explained the approach that Tindale-Oliver and Associates took to develop this plan, as well as the County's Transportation Modeling Plan, and stated that they have worked very closely with staff to get their input into the program.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would recess until 11 a.m., for the presentation by the Seminole County Officials.
PERSONAL APPEARANCES - PRESENTATION BY SEMINOLE COUNTY OFFICIALS ON TRANSPORTATION ISSUES
Mr. Randy Morris, Chairman, Seminole County Board of County Commissioners addressed the Board and introduced Mr. Harry Barley, Executive Director of MetroPlan Orlando (MPO), and Ms. Virginia Lewis-Whittington, his Executive Assistant, and Mr. Dick Thomas, Transportation Specialist, and Ms. Cindy Coto, Deputy County Manager. Mr. Morris stated that they would be talking about issues surrounding cross transportation issues with Seminole County and Lake County, and they wanted to talk about the connectivity between the two counties. He stated that the focal point of the presentation would be SR 46, which is the primary connection between the two counties. Mr. Morris stated that Seminole County represents about 1.3 million people in population. He stated that there has been a lot of work recently between Orange County and Brevard County, particularly working with the Florida Department of Transportation (FDOT) on connectivity, and a significant amount of work with Volusia County, Seminole County, and Orange County in respect to connectivity and roadway projects. Mr. Morris discussed the Eastern Beltway and stated that the road went all of the way north and connected to US 17/92 in Seminole County and stopped at this point, and the additional six miles, to complete that beltway, was not scheduled to be completed until at least the year 2015, and as late as 2020. He stated that they launched together with Orange County and Osceola County representatives and made it their number one priority for the region, both with the Federal Government and the State Government. There was a shortfall of $230 million, so they launched on a joint project initiative to get the last six miles funded. Mr. Morris stated that 18 months later, they had $230 million, because they stood together. The following year the Western Beltway, with its massive funding requirements, which was not scheduled to be done and did not qualify under the FDOT standards, was made their number one priority, and it is now being funded. Mr. Morris stated that, if I-4 is to be improved, they will be looking at $2.6 billion of improvements, and if there is local financing, the improvements can be completed by the year 2015. He noted that it will take until 2035, if local funding is not done. Mr. Morris stated that they discovered a problem on I-4, which was the I-4 bridge over the St. Johns River. He stated that the bridge project would be another $130 million. He further stated that, because Volusia County has its own MPO, and Seminole County has MetroPlan as its tri-county MPO, they met with Volusia County to see if they wanted to get together on the bridge problem. They formed an alliance and now the bridge is scheduled to be done between 2015 and 2020, and $130 million will be needed. Mr. Morris stated that Seminole County and Volusia County have already pulled together $17 million for design engineering money, they are on the Federal commitment list, the State is now fully committed, and they are looking to begin possibly before 2004 for the construction of the bridge. Mr. Morris explained how the Central Florida Greenway was going to operate and stated that, going to the west, the Western Beltway was supposed to be developed right below SR 46, but Seminole County, knowing that this priority runs right through the Wekiva Protection zone, said this would not be a feasible plan, because of the Wekiva River, so Seminole County proposed to remove that portion from the plan, and they struck it from the plan. The alternative proposal was to look to SR 46 and make it into the connection road. Mr. Morris stated that, in 1994, there were 5,900 cars; 1997 there were 13,500; and by 2008 there would be 22,000 vehicles; and looking at Aloma, there will be a growth from 17,000 to 41,000 cars. These projections are way over what was originally projected for the roadway. He stated that SR 46 is a four lane road from I-4 to Orange Boulevard, and two lane from CR 431 to Highway 441. He noted that five miles of this roadway are in Seminole County; 12 miles are in Lake County. Mr. Morris stated that, between the two communities, the traffic volume reflected 9,900 in 1991; 13,000 in 1997. The accident rates reflected 2.92 to 4.47 in that time period. Mr. Morris stated that, by taking the Western Beltway through the Wekiva off of the map, and moving to SR 46, it set the PLEMO study into motion.
Mr. Barley stated that they have two projects in their approved long range plan that were intended to replace Part B of the Western Beltway. The first had to do with improvements on SR 46 to make that a four lane facility, which would connect to a new route and has been referred to as the North-West arterial, and some type of functional connection, north-south, that would take SR 46 and connect it to Highway 441 in Apopka, which is where the Western Beltway will begin. A cooperative effort was launched last year called a PLEMO study with the FDOT. He noted that PLEMO stands for Planning and Environmental Management Office, and it is a cooperative effort involving Seminole County, Lake County, Orange County, FDOT, their organization, MetroPlan Orlando, and the Orlando-Orange County Expressway Authority. The PLEMO study looks at the basic feasibility of a project and determines if there are any fatal flaws that need to be identified before moving ahead, or attempting to move ahead. Mr. Barley stated that the study will result in a need statement, traffic modeling information, a scope of the project, and some alternatives. He updated the Board on the time line noting that information has been received from Lake County. Mr. Barley stated that, in addition to this, they have the Expressway Authority involved, so there is this concept about some type of expressway heading northwest from Apopka where the Western Beltway will now terminate. He stated that additional attention has been attracted to the Wekiva River Protection area, and he would appreciate any thoughts and comments from the Board today about this area.
Mr. Morris stated that he was proposing to the Board the idea of setting up some type of coordinated committee from Lake County with Seminole County, or MetroPlan, which would work as a sub-committee on the SR 46 project, or anything else that might come up, to make SR 46 a controlled four-lane access road, and to make it more than a parkway design.
Commr. Good stated that it was very important that everyone keeps in mind that this particular area is the buffer to the metropolitan area, and before the Board decides whether or not to move forward with the committee, it needs to maintain a very strong recognition that this is the eco-shed that it is dealing with and it is coming into conflict potentially with the market-shed, and for eco-tourism in Lake County, and maintaining that eco-shed is part of the market-shed and the economy in that respect. He stated that, as the County approaches the year 2000, and it starts looking at air pollution parameters in the metropolitan area, it may have to look seriously at different types of transportation planning than what it has traditionally done.
Commr. Hanson stated that she did see this area perhaps as an environmental shed, and with the State buying 50,000 acres, it is no longer a food-shed. If Lake County does join together with Seminole County, it can put in place a lot more of the things that will protect the environment. She stated that it will create a synergism that can also create more dollars that the State would probably never fund just for Lake County. She further stated that it would be nice to have a bike path that would connect Seminole County and Lake County.
Mr. Morris stated that Seminole County will start building the Wekiva trail next year, and by late in the year of 2001, they will have the trail running all of the way from Altamonte Springs through Heathrow and connecting up to Wekiva, and it will be a part of the Florida Trail, which is now a national scenic trail.
Commr. Swartz stated that Lake County certainly needs to sit down and be a part of the type of planning being suggested, even though there may be a difference of opinions. He commended Mr. Morris for doing away with that portion of the Western Beltway, as it was conceived to come through Lake County. He never believed it was an appropriate part of the Beltway system, because of what had happened in Lake County in the Wekiva Protection area. Commr. Swartz agreed that Lake County was clearly feeling pressure and problems along the SR 46 corridor and stated that the County needs to see the models and determine what can be done in the short term. He stated that what has been suggested, at least on the surface, sounds like a much better alternative than leaving it until FDOT decides it is going to four lane it. He further stated that they needed to quickly look at trying to find out how they can preserve what would be a parkway style corridor and how they can find ways to work with the existing right-of-way in its current setting. Commr. Swartz stated that Lake County has been moving down a road that suggests that, as soon as it reaches the population numbers, it will create its own MPO. He was not sure of Lake County's ability to join with another MPO, but he believed that Lake County's connectivity is clearly to the east. He stated that, when Lake County gets to the point of discussing MPO, if it can legally, and if there is a desire on the part of the MetroPlan to have Lake County, it should really look at the benefits of joining with that organization. He wanted to encourage the Board, even if it thought it wanted to be its own MPO, to at least have staff review its options of whether or not it statutorily can be a member of that organization, and approaching the Orange, Osceola, Seminole County MetroPlan as being partners. Commr. Swartz stated that he supports cooperatively working with them, and he was suggesting that this Board know at least the pros and cons of Lake County going alone as a MPO, or it trying to associate with MetroPlan.
Commr. Cadwell stated that Lake County needs to study the history of the MPO, and he suggested that Mr. Stivender, when doing the research, look at the pitfalls they have gone through in that process.
Commr. Swartz asked that Commr. Morris, Chairman, Seminole County, at least take back to MetroPlan Lake County's interest in being a part of the SR 46 Cooperative effort, and to let them know that this is an issue that Lake County wants to consider, and it would eventually like to have a presentation from MPO.
Mr. Thomas stated that, since the Board has directed its staff to look into the pros and cons of the MPO formation, he would be happy to join Mr. Stivender in looking at that analysis. He felt it would be helpful to send to this Board the formation papers on the alliance, to use as a model, and to see if that type of format might be something helpful for them to pursue some common interest, with SR 46 being the top priority. Mr. Thomas stated that staff was welcome to shadow him in sub-committee meetings to see how they work from the technical level. There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:15 p.m.
G. RICHARD SWARTZ, JR.., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\10-20-98\10-28-98