The Lake County Board of County Commissioners met in regular session on Tuesday, March 2, 1999 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; and Robert A. Pool. Commissioners not present at the meeting: Rhonda H. Gerber. Others present were: Sandy A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Wendy Taylor, BCC Administrative Supervisor; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, requested that Tab 23 regarding the amended agreement with Jaymark Builders be withdrawn. She noted that the item would be placed on an agenda for a later date.
INTRODUCTIONS
Ms. Sue Whittle, County Manager, introduced Mr. Brad Webber who was doing an internship today for Leadership Lake County. His regular job was with Huntington Banks.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of February 2, 1999, as presented.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the Minutes of February 9, 1999, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, 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
Contractor Bonds, as follows:
New
5682-99 Robert Cruz (Electrical)
5683-99 John Wetzel (Commercial/Residential Pool Builder)
5684-99 Bobby Swindle d/b/a West Orange Roofing
Municipalities/Ordinances
Acknowledged receipt of the copy of Ordinance No. 02-02-99, An Ordinance Extending and Increasing the Corporate Limits of the Town of Montverde, Lake County, Florida Pursuant to the Provisions of Florida Statutes 171.044 by Annexing Thereto a Certain Area of Land Contiguous to and not Embraced Within the Present Limits of the Town of Montverde; Providing for Redefinition of the Land Boundaries of the Town of Montverde; Repealing All Ordinances in Conflict Herewith; Providing for Severability; Providing for an Effective Date; Providing for Publication in Accordance with Law, passed, ordained, and approved in Regular Session of the Town Council of the Town of Montverde, Florida this 2 day of February, 1999.
Utilities
Legal Notice from Lake Yale Utility Treatment Association, Inc. - Notice is hereby given, on February 5, 1999, pursuant to Section 367.071, Florida Statutes, of the application for a transfer of Water Certificate No. 560W and Wastewater Certificate No. 488S, held by Lake Yale Corporation d/b/a Lake Yale Utility Company, to Lake Yale Treatment Associates, Inc., providing service to a parcel of property in Lake County, Florida, as described in said Legal Notice.
Utilities
Notice Before the Florida Public Service Commission - Notice of Hearing and Prehearing to Florida Power & Light Company, Florida Power Corporation, Gulf Power Company, Tampa Electric Company, and All Other Interested Persons regarding the following dockets, issued January 27, 1999:
Docket No. 971004-EG - Adoption of Numeric Conservation Goals by Fla. Power & Light Co.
Docket No. 971005-EG - Adoption of Numeric Conservation Goals by Fla. Power & Light Co.
Docket No. 971006-EG - Adoption of Numeric Conservation Goals by Gulf Power Co.
Docket No. 971007-EG - Adoption of Numeric Conservation Goals by Tampa Electric Co.
Notice is hereby given that a hearing will be held before the Florida Public Service Commission, regarding the noted dockets, at 9:30 a.m., Monday, May 10, 1999, Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida. Tuesday, May 11, 1999, through Friday, May 14, 1999, has also been reserved for continuation of the hearing, if needed. The starting time of the next day's session will be announced at the conclusion of the prior day. The hearing may be adjourned early, if all testimony is concluded.
Utilities
Legal Notice from Law Offices of Rose, Sundstrom & Bentley, LLP, Tallahassee, Florida: Notice of Application for a Transfer of Assets and Certificates 441-W and 371-S - Notice is hereby given on February 2, 1999, pursuant to Section 367.071, Florida Statutes, of the application for transfer of the utility facilities of J. Swiderski Utilities, Inc. and Certificate Nos. 441-W and 371-S to AquaSource Utilities, Inc., providing utility service to the following described territory in Lake County, Florida:
Water and Wastewater Service: Summit Chase, Tavares Ridge, and King's Cove Subdivisions.
Water Only Service: Forty Eight Estates Subdivision
Audits/Oklawaha Basin/Water Authority
Received Financial Audit and Annual Financial Report (AFR) for the Oklawaha Basin Recreation and Water Conservation and Control Authority for Fiscal Year 1997-98, from the Lake County Water Authority.
Accounts Allowed/Courts-Judges
Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending January 31, 1999.
Disbursements made to Board: $128,502.63
Same period last year: $140,338.42
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, noted that a correction needed to be made to Tab 4. The amount of $42,605.00 needed to be changed to $39,540.86.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to approve the County Manager's Consent Agenda, Tabs 3 through 18, with the noted change.
Under discussion, Ms. Whittle noted that there was a consent item on Addendum No. 1 that could be included in the motion.
Commr. Swartz amended his motion to include the Addendum item, as noted, and Commr. Hanson amended her second to the motion.
The Chairman called for a vote on the amended motion, which was carried unanimously by a 4-0 vote, to approve the following requests:
Accounts Allowed/Grants/Libraries
Request for approval to submit LSTA Grant Project application for Desktop Network Management for the Lake County Library System, in the amount of $32,767.00, and approval and signature of Certification regarding Debarment.
Accounts Allowed/Grants/Libraries
Request for approval to submit LSTA Grant Project application to add additional Online Public Access Catalogs (OPACs) for the Lake County Library System, in the amount of $39,540.86, and approval and signature of Certification regarding Debarment.
Contracts, Leases & Agreements/Economic Development
Request for approval of an Amendment to Real Estate Purchase and Sales Agreement between Vistapak Industries, Inc. and Lake County to stipulate a closing date of May 1, 1999.
Accounts Allowed/Contracts, Leases & Agreements/Economic Development
Request for approval of Jobs Growth Investment Trust Fund Agreement between Lake County and Goodyear Tire and Rubber Company, for an amount not to exceed $100,000.00, and approval of Agreement to Defer Impact Fees between Lake County and Goodyear Tire and Rubber Company until the time of issuance of a certificate of occupancy.
Accounts Allowed/Economic Development
Request for approval of Jobs Growth Investment Trust Fund award of up to $35,000.00 for Skybolt Aeromotive, Inc.
Accounts Allowed/Education/Emergency Services
Request for approval and execution of an Agreement between Lake County and the Lake County School Board for the Provision of a Training Office Clerk Position to provide a school clerk position to assist the Emergency Services Training Officer, located and assigned at the Lake County Vo-Tech Center Public Safety Training Complex, in the amount of $11,000.00 toward the salary of the position.
Contracts, Leases & Agreements/Emergency Services
Request for approval of Memorandum of Understanding for Special Needs Evacuation Facilities for Edgewater at Waterman Village by the Lake County Board of County Commissioners.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities/Taxes
Request for approval for the Chairman to execute an agreement with the City of Minneola, in the amount of $15,000.00, relating to contribution of Infrastructure Sales Tax Funds for Community Recreational Projects FY 98/99.
Accounts Allowed/Budgets/Sheriff's Department
Request for approval of Direct Check Request to the Sheriff of Lake County for reimbursement of costs associated with the Law Enforcement Trust Fund in accordance with Section 932.7055, Florida Statutes, in the amount of $29,897.55.
Accounts Allowed/Records Management/Procurement Services
Request for approval of lease with W.N.P., Inc., (Best Storage), in the amount of $1,740.00, for storage space for the Division of Records Management, Community Services, for additional storage of records on a month-to-month basis at $145.00 per month, beginning February 1, 1999. Funding is from Community Services, Library, Records Management Division.
Accounts Allowed/Contracts, Leases & Agreements/Road Projects/Procurement Services
Request for approval and execution of an agreement between Boyer-Singleton Associates, Inc., the number two ranked respondent to FP 98-094, in the amount of $350,185.00. Funding is from Road Impact Fees, Public Works, Benefit Districts, for the design of four road projects.
Accounts Allowed/Contracts, Leases & Agreements/Procurement Services
Request for approval and execution of a first amendment to the contract with Aerial Data Reduction Associates, Inc., in the amount of $9,011.81, for consultant services per RFP #98-007, Digital Ortho Photography, to extend the number of days for completion and to provide additional mylars. This amendment increases the value of the County contract to $340,464.81. Funding is from County Transportation Trust, Department of Public Works, Engineering, Contractual Services.
County Employees/Personnel
Request for approval and execution of Certificates for employees with one and three years of service, as listed in the backup.
Resolutions/Public Works
Request for approval of endorsement of Proclamation supporting the "Share the Road" specialty automobile license tag.
Accounts Allowed/Public Works
Request for approval to have the Orange County Public Works Division pave West Phil C. Peters Road (CR 2-0769) in the amount of $69,080.00.
Accounts Allowed/Assessments
Request for approval and authorization for Chairman to execute satisfaction of liens for 43 road assessments, as follows:
Assessment # Name Amount Paid
648918 Donald R. Brumfield $2,093.30
683014 Jeanne Schlenker (Life State) $ 774.80
686002 Gabrielle L. Gardner, Et Al $1,748.46
689011 Wilbur H. Sewell $1,980.49
691001 Amelia H. Tennille $ .00
691004 Neil Stahl $1,816.80
691005 Michael Whelan $1,816.80
691008 Edith Mantaski $1,211.20
691009 Fred & Shirley Hamilton $1,211.20
691011 Frank M. Clute, Trustee $1,211.20
691014 Marjorie A. Davies $ 908.40
691015 Richard & Wanda Davies $ 908.40
691020 Ellis & Betty Pipe $ 605.60
691027 John & Maria Zonin $ 605.60
691028 John & Maria Zonin $ 605.60
691032 Pearl Higgins $1,211.20
691036 Ella Mae Dowler $1,816.80
691038 Marjorie A. Davies $1,211.20
691042 Paul Sanders $1,211.20
691043 Gertrude Halley $1,211.20
691044 Virginia D. Brown $ .00
691045 Josephine & Robert Pellegrino $ 605.60
691047 Virginia Groves $1,816.80
691052 Kenny Brannen $1,211.20
691055 Nora Cranfield & Deena Hagstrom $ .00
691056 Harold & Lucelia Pritchard $2,952.30
691057 Elmer & Elma Lehrke (Jean Lehrke) $4.239.20
691064 Elmo & Lillian Collins $1,211.20
691065 John Redford $ 605.60
691067 Judith Stemen $1,816.80
691070 Park T. Hull $1,514.00
691071 Stuart & Margaret Varros $ .00
691072 Juanita & Luther White, Jr. $ .00
691074 Morley & Betty Kempf $1,665.40
691079 Leona Smigelski $1,211.20
691082 Robert & Linda Barisas $ .00
691086 Helen Hanna $1,514.00
691087 Helen Hanna $ .00
691088 Eleanor Spongberg, Life Estate $1,816.80
691089 Eleanor Spongberg, Life Estate $1,514.00
691091 Richard & Wanda Hendrickson $ .00
691092 Lawrence Peterec $ .00
774028 Esther Dempsey (Stanley Busck) $2,403.35
Roads-County & State/Public Works
Request for approval and execution of Internal Revenue Service donee acknowledgment for Right of Way Dedication in Lady Lake on Rolling Acres Road (formerly known as First Street).
Deeds/Public Works
Request for acceptance of two Non-Exclusive Easement Deeds and five Statutory Warranty Deeds, as follows:
Non-Exclusive Easement Deed
Miller Enterprises, Inc.
CR 44/Cross Access Easement
4/5 66143
Senninger Irrigation, Inc.
SR 50/Cross Access Easement
Statutory Warranty Deed
Miller Enterprises, Inc.
CR 44
4/5 6143
Overstreet, Kenneth E. & Dianne H.
Keene Rd.
5 8165
Graham, Randy & Clontz, Shawn
O'Brien Rd.
2 2427
Lamm, William R. & Barbara A.
Oak Lane
5 6766
Miller Enterprises, Inc.
S. Fish Camp Rd.
5 6549
ADDENDUM NO. 1
Accounts Allowed Community Services/Grants/Resolutions
Request for approval and signature on Resolution providing for authorization to the Division of Human Services, Department of Community Services, to apply for the Phase XVIII Emergency Food and Shelter Program Grant from the Federal Emergency Agency, in the amount of $24,522.00.
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Ms. Helena Osborne-Ponsi, Volunteer Coordinator, presented information regarding the following employees who were being honored for their years of service:
Presentation of Plaques to Employees with Five Years of Service
Robert L. Leavitt, Maintenance Specialist II, Facilities and Capital Improvements/Building Maintenance
Ross P. Pluta, Engineer II, Public Works/Special Services
Sheila M. Short, Planner I, Growth Management/Planning and Development
Presentation of Plaques to Employees with Ten Years of Service
Mary LaFollette, Records Manager, Community Services/Library (not present)
Mary K. Todd, Design/Graphics technician, Public Works/Engineering (not present)
Jackie L. Driggers, Planner I, Growth Management/Planning and Development
LAKE COUNTY BOARDS AND COMMITTEE AWARDS
PRESENTATION OF CERTIFICATES
Commr. Cadwell presented the following Certificates:
Lake County Board of Adjustments
Lori Webb-Paris from 1996-1999 (not present)
Lake County Citizens' Commission for Children
David Dawkins from 1996-1998
Lake County Comprehensive Health Care Committee
Kathy Moore from 1997-1998 (not present)
Lake County Library Advisory Board
Laura Clark from 1995-1999 (not present)
Lake County Parks and Recreation Advisory Board
Barbara Wilson Smith from 1995-1999 (not present)
FIRE AND EMERGENCY SERVICES
Ms. Sue Whittle, County Manager, introduced Mr. Theodore Stone, the new Senior Director of Emergency Services.
ADDENDUM NO. 1
REPORTS - COMMISSIONER HANSON - DISTRICT #4
SIGNS/STATE AGENCIES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for execution of a letter to be sent to the State of Florida Department of Transportation supporting the East Lake Chamber of Commerce's request for a banner to be hung across State Road 46 in Sorrento for the "Derby Day" event being held at Simpson Training Center on Saturday, March 20, 1999.
PRESENTATION -
TOBACCO FREE PARTNERSHIP AND STUDENTS WORKING AGAINST TOBACCO (SWAT) - JULIA C. FLOHR, COORDINATOR
On October 3, 1998 and on December 12, 1998, the Lake County Students Working Against Tobacco (SWAT) conducted a survey of 52 stores in Lake County. A video was shown to the Board, which provided actual coverage of the local survey, and each student that was present addressed the Board and provided the special findings from the survey, which focused on the type of advertising and location of tobacco products. The survey showed that the Best Retailers were the following: Joy, Leesburg; Island Foods, Leesburg; Dead River Express, Tavares; and Texaco, Mt. Dora. The Lake County SWAT was recommending that the County consider enacting a County Ordinance, which would prohibit self-service merchandising of tobacco products, except in places to which minors have no access. This would essentially require retailers to locate tobacco products behind the counter, so that the store clerks would be the only individuals with real access to the products.
Ms. Julia C. Flohr, Coordinator, stated that she received a letter last week from Ms. Nicky Penney, Regional Advocacy Specialist at the Cancer Society, which was directed to the Commissioners, indicating further support of SWAT presenting a proposal for a County ordinance.
Mr. Sandy Minkoff, County Attorney, explained that, if the Board wishes to proceed with the request, the first step would be to determine whether or not the State has pre-empted this area, or whether or not it would be possible to pass an ordinance. Staff could report back to the Board, and if it was possible to go further, and the Board makes such a request, it would be advertised for a public hearing. He noted that it would take about 60 days, if the Board elected to go forward to see whether or not it was possible.
Ms. Flohr stated that the Sheriff's Department, as well as the City Chiefs, are aware that they have conducted Operation SWAT, but they really did not need to be on site when they were conducting this survey. She noted that several other counties have already enacted ordinances.
Commr. Swartz suggested that Mr. Flohr continue to work with the Citizens' Commission for Children and get their support.
Commr. Cadwell directed Mr. Minkoff to research the issue and get the necessary information regarding whether or not this area has been pre-empted and bring it back to the Board.
PRESENTATION -
T.R.I.A.D. PROGRAM FOR LAKE COUNTY - BECKY CLAFFY
Ms. Becky Claffy, Chairperson, TRIAD/S.A.L.T. of Lake County, addressed the Board and stated that nationally, TRIAD began in 1988 when the American Association of Retired Persons, the International Association of Chiefs of Police and the National Sheriff's Association signed a cooperative agreement to encourage the growth of TRIAD throughout the United States. The purpose of the TRIAD groups is to develop specific community strategies for combating and reducing crime against senior citizens, as well as enhancing the overall quality of their lives. Ms. Claffy stated that, on August 7, 1997, their local TRIAD was formed with the signing of a Proclamation by all Lake County Police Municipalities, George E. Knupp, Jr., Sheriff of Lake County, and the local chapters of A.A.R.P. She stated that they have been meeting on a monthly basis as a group, with 20 to 25 people attending the meetings, and they have had good representation from all three entities. The Steering Committee meets more often than once a month. Ms. Claffy introduced the following members of the Steering Committee: Norb Thomas, Chief of Police for the City of Tavares; Romeo Martinez, Senior Leader, Retired and Past President of Toastmasters, Eustis; Krystal Huchingson, Paralegal, Professional Guardian, Tavares; Barbara Painter, Community Services, Lake County Sheriff's Department, Tavares; and Rhonda Steller, Representative from the West Central Florida Chapter for Alzheimer's Association. Ms. Claffy referred to Attachment "A", which reflected programs that they are currently working on, as follows:
Mr. Martinez addressed the Board and spoke briefly about the goals of the program, as well as some of the programs underway by TRIAD.
Ms. Claffy explained that their revenue source involves donations, and they are right at the front end of making their request to the community for support of their budget. They have also just begun their fund raising efforts. Ms. Claffy stated that, in the next eight months, they want to present, to another 10,000 people, printed information, so they will need to be more strategic in raising funds, and that was their purpose of their visit today, to begin that process.
Commr. Swartz stated that the Board can look at this issue at its Fiscal Retreat from a budgetary standpoint, and it can help them get the word out about the organization. He stated that the County can help them get air time through the County Commission meetings, and it can help them get time on cablevision.
Commr. Hanson stated that she had met with Ms. Claffy and Mr. Martinez and had suggested that they come before the Board to have an opportunity to be on television. She discussed the organization's annual budget, in the amount of $9,400, and noted that the County is halfway through its annual budget. She stated that the best place to discuss this issue would be at the Fiscal Retreat.
Commr. Pool stated that he would be interested in seeing the numbers from the S.A.L.T. Community Action Survey.
PRESENTATION -
ST. JOHN'S RIVER CELEBRATION - BARBARA NEWMAN
Ms. Barbara Newman, Chairman and Watershed Action Volunteer Coordinator, addressed the Board to make a presentation about the St. John's River Celebration. At this time, she introduced the "otter", which is the mascot for the St. John's River Celebration, and stated that it was made by some 4-H students from St. Johns County out of recycled materials. Ms. Newman stated that, on Saturday, March 20, 1999, the St. John's River Water Management District, Keep Florida Beautiful, City and County governments, business, education, and community leaders are joining together for the fourth annual St. John's River Celebration. Ms. Newman presented some history about the St. Johns River, as well as the annual River Celebration, and stated that they have made a significant dent in cleaning up the River. The Celebration continues to attract attention in both Florida and Georgia, and this year participants in 16 other counties, including two in Georgia, will be joining the effort to rescue the River. Ms. Newman stated that the Lake County Water Authority is waiving all fees for Hickory Point for this day of celebration. She extended her thanks to County departments and staff for their outstanding support. Ms. Newman presented the Board with some handout material and stated that she, along with Mr. Joe Norman, Keep Lake County Beautiful, have been trying to get the word out about the celebration, and if there are any civic groups, or organizations in the communities that might enjoy a presentation, she asked that they let them know.
Ms. Newman presented an update on the Watershed Action Volunteers, which is a program sponsored by the St. Johns River Water Management District, and stated that it is sponsored to provide an opportunity for greater public involvement. She stated that the volunteers are trained to address problems in the watersheds, and to inform the public about what can be collectively done to solve them. She further stated that the program was developed about five years ago in St. Johns County, and now it is implemented in Nassau, Clay, Duvall, Flagler, St. Johns, Lake, Marion, Putnam, and Seminole counties. One of their goals is to form partnerships with agencies to help improve and safeguard the County's watersheds, and they have had a real good partnership with Florida Game and Fish Commission, and the Lake County Water Authority. She stated that they have done several revegetation projects in the Emeralda Marsh, and in the Oklawaha Prairie, as well as many other projects and cleanups. Recently they have recruited volunteers that will staff the information center at the Blue House at Sunny Hill Restoration Area.
The Board members extended their appreciation to Ms. Newman for her informative presentation.
ADDENDUM NO. 1
PERSONAL APPEARANCES -
PRESENTATION BY JERRY W. COX, ASSISTANT SUPERINTENDENT FOR BUSINESS AND SUPPORT SERVICES, LAKE COUNTY SCHOOLS
Mr. Jerry Cox, Assistant Superintendent for Business and Support Services, Lake County Schools, addressed the Board and stated that, at the last Board meeting, the Board had instructed him to come to the Board and make a request for payment, by the County, for contracted services for providing ingress and egress to the new Astatula school. Mr. Cox stated that it has always been wonderful working with the County's Engineering Department, and in the past, the procedures have been that, if they were existing roads, the School Board paves the ingress and egress; if it was a new road that was being coordinated with the County and could be covered with impact fees, it was covered that way. Because of the increase in the number of students, as a result of growth in the County, the School Board would like to ask the County Commission, on the Astatula site, to pay for the ingress and egress lanes on an existing road. The low bid was $192,281.00 by Professional Dirt Services. Mr. Cox stated that the School Board realizes that this is a departure from what the customary procedures have been with the County's Engineering Department, but it would like to request that the County allocate transportation impact fees to pay for those turning lanes.
Commr. Cadwell stated that he has talked to Mr. Cox, and his personal opinion is that the County has changed its priorities, whenever the School Board has found another site for a school, to take care of the roads, which means the County has delayed other paving projects in different communities. He feels that the County has done everything it can do to help with the school sites, and he personally would not be able to support the request today.
Mr. Jim Stivender, Senior Director of Public Works, stated that two years ago, staff started looking at projects that were associated with the school sites. He stated that, with the Rolling Acres location in Lady Lake, the County did have an impact fee project to connect to it. Once the school site was donated, the County and Lady Lake worked together to push the envelope to solve the right-of-way issues, and the job went out to bid last Friday, with hopes that there will be pavement in place before the school opens. As part of that design, which included intersection improvements, the County incorporated turn lanes at those facilities, after it found out that the school site was in place. Mr. Stivender stated that it was an impact fee project that was approved by the Board and had been in the program for several years. The South Hancock Road, which is in front of the Middle School that is being built now, connects to Hartwood Marsh Road, which also went out to bid last month. As part of that project, the County enhanced some of the items, such as sidewalks and turning lanes, to incorporate them into the school site. This was also addressed with the Lake Sumter expansion on north Hancock Road. The other site was Johns Lake Elementary on Johns Lake Road, where the developer is required, with an agreement with the developer, to access from Highway 27 to the elementary school, and there was a question about who was to pay for the turn lanes. Mr. Stivender stated that this has not been a high priority. It is on the impact fee program, and Clermont, along with the County, are not willing to spend funds on it, because it is a developer road, but they were willing to give credits to tie Johns Lake Road back to Highway 27, and that is still in negotiations; however, the construction of the roadway is going forward. In December, the County wanted to make sure there was a solid road, and it was not seeing any construction going on the Highway 27 side. Therefore, the County went in and surface treated Johns Lake Road, which was a project that the Board had in the program for a long time to get paved. Mr. Stivender stated that the County has done its best in every project by having it in the program and prioritizing it to get it done before August of this year. He stated that CR 48 was widened a few years ago, with 24 feet of pavement truck route from Astatula to Orange County, therefore, staff felt it was imperative that left turn lanes were required, because of the access to the site and the type of traffic, and at the same time, staff felt it was inappropriate to put in turn lanes, because the Board had no road improvement plans in that area, and staff could not justify it. Mr. Stivender questioned whether the project qualified for impact fees.
Mr. Sandy Minkoff, County Attorney, stated that it would have to be gas tax funds. He further stated that you would not be increasing traffic on the road by installing turn lanes.
Mr. Stivender explained that, as a part of the new process, the School Board has begun incorporating the County into its site plan review process, which has been helpful to the County. He explained that the roads that the schools are on also happen to be on the County's road improvement plan.
Commr. Swartz explained that the County is desperately short of road funds. The additional five cent gas tax, while it has not appeared to be popular, would bring in a significant amount of money that might help the County with road needs that it is behind on, or with road needs where it needs to be doing something. He stated that $192,000 is a significant amount of the County's gas tax money, when comparing it to the entire resurfacing budget this year. He stated that the County is not resurfacing this year, because it does not have sufficient gas tax money to maintain the existing road network. Commr. Swartz explained that the School Board has placed schools in places that have created demands on the road system that there simply were not funds for, or have placed schools in areas where there is no fire and emergency medical services that are close by, and then it has come to the County Commission wanting it to provide these things, when it cannot provide it in an adequate way for the residents who live in those areas and other areas. He suggested that somehow the County needs to coordinate with the School Board what the County is doing in terms of land use, and the School Board needs to coordinate with the County in terms of where it sees the needs for schools, and try and do a better job. He agrees that the County does not have gas tax to do it He suggested that the Board members ask that the Chairman go to the School Board and convey this and offer the County's willingness to sit down and look at what the County is doing in land use, and what they may be doing in schools.
Mr. Minkoff explained that impact fee funds are limited to projects which increase capacity of roads, not which provide access to a particular site. This actual turn lane would have to increase the traffic volume availability on the County road.
Commr. Swartz clarified that, if it was a private developer who was putting in the development, these turn lanes would be the exact off site improvement that the developer would have to put in, because of the demands that the development is creating on the road system. He stated that there were several reasons why the education impact fee is too low. When it was raised a couple of years ago, it was raised at a time that the studies that created the costs for building schools was several years old, and those costs had been the costs before Hurricane Andrew, so the impact fees do not adequately represent what the cost of building a school is today. He urged everyone, as well as encouraged the Chairman, to discuss with the School Board, the issue of revisiting the impact fee. Commr. Swartz stated that, at the time the Board was enacting the fee, Mr. Gene Molnar, who appeared on behalf of the School Board, stated that the fee, at that point, was probably 20 to 25 percent less than what it would generate, and less than what the cost of construction actually was at that time. Commr. Swartz guessed it would be worse today, because it still does not include, in the education impact fee, the cost of putting the equipment in the school. He stated the this Board has taken the initiative on enacting and raising the education impact fee, and it needs to have some support and direction from the school system that they also believe that the fee needs to be changed.
Commr. Pool stated that the Board and School Board needs to look at how they charge the impact fee money, and not the amount charged. He explained that the County charges per bedroom where other communities charge per dwelling unit.
Mr. Cox explained that each student station is costing close to $14,000 per pupil for an elementary school, and it is probably over $20,000 for a high school.
Commr. Swartz stated that it would be helpful if Mr. Cox could provide the Board with what the cost per student work station would be today versus what it was in 1990 through 1992. He stated that the Board had also asked the School Board to put together an Education Element of the Comprehensive Plan. It is not a required Element, but is voluntary, and the County felt that it was important to have it included in the County Comprehensive Plan, and it might provide more of the ability to coordinate what is good for the schools and what is good for the County.
Mr. Cox stated that he served on an EAR Committee, and the results were sent back to the County, and he has never received anything as a result of this action. He stated that a decision was made to have an Education Element.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to ask the Chairman to go to the School Board and meet with them and share some of the ideas that have been discussed here today, in an effort to better coordinate the schools needs and the County's ability to do land use, as well, and to express again the desire on the Comprehensive Plan, as well as impact fees, with regard to education.
Under discussion, Commr. Cadwell noted, for clarification, that the Board would not be making a decision on the discussion held today.
The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.
ADDENDUM NO 1 -
REPORTS - COMMISSIONER GERBER - DISTRICT #1
GRANTS/COURTS-JUDGES
Mr. Scott Roti, Chief Deputy Clerk, was present in the audience to answer questions of the Board regarding the Teen Court grant application.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and authorization to submit a grant application for Teen Court funding.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments or concerns.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/EMERGENCY MANAGEMENT
Ms. Karen Jones, Director of Emergency Management, presented a brief overview of the request for approval of a contract between the County and Baron Services, to have access to RADAR-NET from WFTV-TV.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and signature on a contract between Baron Services and the Lake County Board of County Commissioners for the Lake Emergency Services, Emergency Management Division to have access to RADAR-NET from WFTV-TV. The first year fiscal impact will be approximately $150.00 for antenna and cable only. Each year after will be $2,100.00 for software licensing, technical support, and maintenance.
ACCOUNTS ALLOWED/PARKS
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, explained that this was the first change order to Boykin Enterprises, Inc., and staff anticipates that there will be one more minor change order. This reflects the work for the realignment of the road.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval of a change order to Boykin Enterprises, Inc. for an increase in the scope of services for the Christopher C. Ford Central Park, in the amount of $109,964.36.
COUNTY CODE/GROWTH MANAGEMENT/ORDINANCES
Ms. Sharon Farrell, Senior Director, Growth Management, explained that there was much discussion at the last two tower meetings about the location of the tower, in regards to the parent parcel, and the language being proposed will address this issue.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval to advertise an Ordinance amending the Lake County Code, Appendix E, Land Development Regulations, Section 3.13.00 Wireless Antennas, Towers, and Equipment Facilities, Section 3.13.07 Setbacks.
MUNICIPALITIES/ROADS-COUNTY AND STATE
Chief Carson Sink, Town of Astatula, addressed the Board to discuss the request from the Town of Astatula for the County to consider annexing, into the municipal limits of the Town of Astatula, a section of property along County Road 48 extending from the existing city limits to a point 100 feet east of Ranch Road. It was noted that staff was recommending denial of the request. Chief Sink explained that the new school will border on the most eastern city limits, and the city will absolutely have no control over the traffic coming west off of County Road 48 directly into the school zone. He explained that recently there have been several traffic accidents at this location, and the traffic will be increasing because of the school. He requested that the Board consider the request for annexation of about six-tenths of a mile, which would take the city up to Ranch Road.
Mr. Jim Stivender, Senior Director of Public Works, explained that the first half mile of the road is in the city and the other half is out of the city. About five years ago, the city and County devised a way to annex right-of-way, if it was contiguous on one side, or both sides, of the roadway.
Mr. Sandy Minkoff, County Attorney, explained that the police jurisdiction typically only extends within the incorporated city limits, so if the roadway is not in the city, unless they have an agreement with another police agency, or an emergency, they do not have any authority there.
Commr. Swartz questioned what can be done to give them policing authority without necessarily annexing.
Mr. Minkoff stated that, in the past, it would be the Sheriff deputizing city police officers, and he does not believe that this occurs very often in Lake County.
Chief Sink stated that the city does have a mutual aid agreement, in case of emergencies, but no one in his agency is deputized.
Mr. Minkoff stated that Howey-in-the-Hills annexed State Road 19 up to the bridge, and that was done through a Legislative Act.
Commr. Swartz stated that the County would have the opportunity to have local law enforcement policing the speeding along that road, but he would not want to see annexations occur down a right-of-way of road. He questioned whether it would be possible for the County to enter into some type of inter-local agreement with the city that made it absolutely clear that this was for policing action, and that no annexations could occur off of that unless the city was contiguous in another manner, which would be appropriate. He stated that he would support doing something like this, if the Board could have this assurance, and he would be willing to give and encourage the policing power to some of the cities' police departments for that purpose.
Commr. Cadwell stated that this would be something for consideration, as long as the citizens on the roadway understand that they do not have the use of those police officers, and they are there only to stop traffic. He explained that this was one of the reasons that, in the past, he was not in favor of this action.
Commr. Swartz stated that, in an inter-local agreement, these types of things could clearly be spelled out, and it would require some type of action by the Board.
Mr. Rick Thompson, Mayor of Astatula, stated that traditionally people annexed road right-of-way for revenue, and he wanted to assure the Board that this is not what Astatula wants to do. He stated that they want to benefit the overall safety of the children. He further stated that there is a considerable amount of commercial motor vehicle traffic that use the road, as well as traffic going to Orlando. Mr. Thompson stated that, to address the annexation concern, every city is looking to progress eventually. The annexation issue can be addressed at a later time, and he had no problem with the development of an agreement, and if the issue every arises in the future, they can come to the Board and make a request. The school will open in August. The speed limit in this area has been adjusted by the County, and the city has petitioned to change the speed limit out to Ranch Road to 40 miles per hour. Mr. Thompson stated that the Safety Engineer has already extended the 45 miles per hour speed limit going east bound another 200 or 300 yards, and the speed limit coming in has been extended back to 40 miles per hour.
Commr. Swartz felt that it would be worthwhile for the Board to consider some type of inter-local agreement that can address the concerns that the Board may have about the request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved to authorize staff to work with the Town of Astatula to develop an inter-local agreement that would deal with the annexation issue and bring it back to the Board for consideration.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the following appointments to the vacant positions on the Lake County Parks and Recreation Advisory Board: Judith F. Christie (at-large position); and Phyllis C. Patten (representative of the Lake County School Board).
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and explained the amendments that were made to the Resolution creating the Comprehensive Health Care Committee.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the following appointments to the vacant positions on the Comprehensive Health Care Committee: Dr. John Pellosie, Lake County Health Department; Leslie Longacre, South Lake Hospital, Inc.; Kenneth R. Mattison, Florida Hospital Waterman; Tim Camp, LifeStream Behavioral Center; Dr. Tully Patrowicz, Medical Society; Dr. Edward M. Schlein, North Lake County Hospital Tax District; Bill Mobley, Associated Home Health Industries of Florida.
Under discussion, Mr. Sandy Minkoff, County Attorney, noted that the Medical Society had designated its alternate, Ed Sarro.
Commr. Hanson amended her motion to include Ed Sarro, and Commr. Pool amended his second to the motion.
The Chairman called for a vote on the amended motion, which was carried unanimously by a 4-0 vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the following appointments to vacant positions on the Board of Building Examiners: Joseph P. Godfrey, Jr.; Debbie Vanier; William E. Lawson; and John A. Patterson.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the following appointments to vacant positions on the Bicycle/Pedestrian Advisory Committee: Marianne Bundy (District 2); Barbara A. Milazzo and Peter Carrozza (District 3); John McCowan and C. Jack Euler (District 4); and Rachael C. Augspurg (District 5).
ADDENDUM NO. 1 -
REPORTS - COMMISSIONER POOL - DISTRICT #2
RESOLUTIONS/MUNICIPALITIES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and recommendation of Resolution 1999-39 supporting the National Training Center of Clermont, Florida.
ROADS-COUNTY AND STATE/MEETINGS/COMMITTEES
Commr. Pool informed the Board that he and Mr. Jim Stivender attended the Orange County/Lake County Regional Transportation Planning Committee meeting Wednesday, February 24, 1999, to discuss the short term and long term solutions for Highway 50, as well as to hear a presentation on Horizons West and the beltway they are projecting.
Ms. Sue Whittle, County Manager, noted that the Horizons West issue will be coming to the Board on March 16, 1999.
REPORTS - COMMISSIONER SWARTZ - DISTRICT #3
RESOLUTIONS/WATER RESOURCES
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 1999-40 supporting the St. Johns River Celebration on March 20, 1999.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 1999-36 proclaiming March 1999 as National Women's History Month to recognize and celebrate the many contributions of America's women.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 1999-35 proclaiming March 14 through 17, 1999 as Children's Week in Lake County.
COMMITTEES/APPOINTMENTS-RESIGNATIONS/ORDINANCES
Commr. Hanson questioned the requirements for the make up of the Board of Adjustments. She stated that there are five members at this time, and they have problems with attendance.
Mr. Sandy Minkoff, County Attorney, explained that the Board of Adjustments is created in the County Code, and if the Board wanted to increase the number of members, the Board could do so by amending the Code. He noted that right now the members are at-large.
Commr. Hanson stated that she would like the Board to consider increasing the number of members, because right now, if a member is absent, then anything being requested is going to fail, if it is a tie vote.
Ms. Barbara Newman, member of the Board of Adjustments, addressed the Board and stated that there are five members, and one member has just recently resigned. There has been a problem with the attendance, and sometimes there are only three members present. It would be appreciated by the existing members, if the membership could be enlarged. Ms. Newman noted that there have been several meetings canceled, because they had no quorum, and there have been comments from the public that there has not been proper representation from their own district.
The Board directed the County Attorney to bring back an amendment to the Ordinance pertaining to the Board of Adjustments, to increase the number of members, by having one member from each district and two at-large members, for a total of seven members.
COUNTY EMPLOYEES
Commr. Pool congratulated the County on its TEAM DAY, and he extended his appreciation to the employees for their fine work.
COMMISSIONERS/MEETINGS
Commr. Cadwell reminded the Board of the Fiscal Retreat scheduled for Thursday, March 4, 1999, at 9 a.m., at Woodland Campground in Montverde.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:10 a.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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