The Lake County Board of County Commissioners met in regular session on Tuesday, August 3, 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 Chair; Rhonda H. Gerber; and G. Richard Swartz, Jr. Commr. Robert A. Pool was not present for the meeting. Others present were: Sue Whittle, County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran , Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 had been added to the agenda. She stated that the petitioner has requested that Tab 29, a request for approval of resolution to advertise public hearing on Road Vacation Petition No. 904, be postponed until August 17, 1999 and September 28, 1999.
Ms. Valerie Fuchs, Assistant County Attorney, noted that an action item would be added under Reports regarding on-going litigation.
Regarding the Minutes of July 14, 1999 (Budget Workshop), Commr. Hanson requested clarification to language on page 5, Line 30, indicating that she would not support an increase in tipping fees due to a lack of resolution of the renewed negotiations with Ogden Martin.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of July 14, 1999 (Budget Workshop), as amended.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the following requests:
Request for approval of the following Satisfactions and Release of Fine:
Satisfaction and Release of Fine for Frederick Gunn, in the amount of $250.00, dated June 11, 1999, and recorded in Official Records Book 1724, pages 1724 and 1374; and authorized proper signature on same.
Satisfaction and Release of Fine for Bernice Taylor (Life Estate), Proscha J. Taylor and Toyia Clark, in the amount of $100.00, dated April 27, 1999, and recorded in Official Records Book 1710, pages 901 and 902; and authorized proper signature on same.
Request for approval of the following Satisfactions of Judgment:
Satisfaction of Judgment for Claudius Bonds, in the amount of $250.00, dated June 6, 1994, and recorded in Official Records Book 1300, page 1076; and authorized proper signature on same.
Satisfaction of Judgment for Benjamin McCurry, Jr., in the amount of $500.00, dated June 15, 1987, and recorded in Official Records Book 0924, page 1274; and authorized proper signature on same.
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $5,602.18.
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending June 30, 1999. Disbursements: $137,457.78; Same Period Last Year: $163,414.61.
Request to acknowledge receipt of Village Center Community Development District Proposed Budget for Fiscal Year 1999-2000, in accordance with Chapter 190.008(2)(b), Florida Statutes, for purposes of disclosure and information only.
Request to acknowledge receipt of City of Eustis Ordinance No. 99-17, 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, .38 acres of land, being the property at 2101 E. Orange Avenue on the Northeast Corner of E. Orange Avenue (SR 44) and Cardinal Street. Passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, the 1st day of July, 1999.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gerber requested that Tab 16, approval of the Agreement between the Lake County Historical Society and the Lake County Board of County Commissioners which provides for the establishment of the Lake County Historical Museum Advisory Committee, be pulled for discussion.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the following requests with the exception of Tab 16:
Request for approval of reappointment of Phyllis Cross, Maria Lawton, Constance Patrowicz, Brandon Wald, and Woodley Trussell to the Lake County Cultural Affairs Council for four-year terms of office, effective October 1, 1999 and expiring September 30, 2003.
Contracts, Leases & Agreements/Libraries
Request for approval of new Ameritech Software License Agreement and Universe Software Agreement and signature authorization for Library Services automation system mini mainframe server.
Accounts Allowed/Economic Development
Request for approval of Jobs Growth Investment Trust Fund award of up to $20,000.00 for G. C. Stanley, Inc. to expand their electrical construction and services facility in Leesburg.
Request for approval of Jobs Growth Investment Trust Fund award of up to $45,000.00 for Ro-Mac Lumber & Supply, Inc. for an expansion in Lady Lake to handle the distribution of building supplies and an expansion of their Leesburg facility, which will be manufacturing trusses and doors.
Request for approval of Jobs Growth Investment Trust Fund award of up to $15,000.00 for Power Technology Southeast, Inc. for the expansion of their Leesburg facility.
Accounts Allowed/Contracts, Leases & Agreements/County Property
Request for approval and execution of Real Estate Purchase and Sales Agreement with VistaPak Industries, Inc. to purchase approximately four acres in the Christopher C. Ford Industrial Park in the amount of $35,000.00 per acre for a total price of $140,000.00.
Accounts Allowed/Emergency Services/County Property
Request for approval to proceed with construction plans for the Bay Lake Fire Station and to transfer $60,000.00 out of Fire/Rescue Reserves for this project.
Contracts, Leases & Agreements/ Municipalities/Emergency Services
Request for approval of Interlocal Agreement between City of Groveland and Lake County, which provides for an initial response by the Groveland Fire Department into the unincorporated areas of the County to improve response times.
Emergency Services/County Property
Request for approval for Lake County to share with Florida Regional Emergency Medical Services (FREMS) expenses for maintenance and operation and co-locate a quick response vehicle (QRV) and crew at the Astor Fire Station.
Contracts, Leases & Agreements/County Property/State Agencies
Request for approval for the Chairman to execute Exhibit "C" Perpetual Easement to the Department of Transportation for property purchased in Altoona - McTureous Memorial Park.
Contracts, Leases & Agreements/County Property/State Agencies
Request for the Chairman to execute Amendment 1 to the Agreement between Lake County and the State of Florida, Department of Environmental Protection - Lake Idamere Park.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval for Chairman to execute an interlocal agreement between Lake County and City of Mascotte, in the amount of $10,000.00, for construction of a pocket park. This project is part of the Parks and Recreation Improvement Grant Program, is the recommendation of the Parks and Recreation Advisory Board, and is in the budget for Fiscal Year 1999/2000.
Request for approval to add the Judicial Center parking lot to the approved Five-Year Capital Improvements Program and to transfer funds from contingency.
Accounts Allowed/Budgets/Grants/Sheriff/Subdivisions/Emergency Services
Request for approval of the following budget items:
1. Budget transfer, in the amount of $800,000.00, from the Affordable Housing Special Reserve account to Grants and Aids. SHIP funds not distributed as loans are budgeted in a special reserve account. Funds are being transferred to meet these needs.
2. Budget transfer, in the amount of $35,692.00, from the Facilities and Capital Improvement Repair and Maintenance account to Buildings account for retrofit of HVAC chiller.
3. Budget transfer, in the amount of $43,567.00, from the Facilities and Capital Improvements Debt Service Principal account to the Other Current Charges account to cover the sale to Goodyear that required a payment of a commission.
4. Budget transfer, in the amount of $10,000.00, from the General Fund Sheriff Contingency account to Law Enforcement - Operating for July 1999.
5. Budget transfer, in the amount of $10,000.00, from the Sheriff's Law Enforcement - Operating account to the Investigative account for an internal transfer of funds.
6. Budget transfer, in the amount of $10,000.00, from the General Fund Sheriff Contingency account to Trans/Jail Ops - Equipment.
7. Budget transfer, in the amount of $5,000.00, from the General Fund Tourism Contingency account to General Fund - Grants and Aids; and $5,000.00 from the Resort/Development Tax Tourism Contingency account to Resort/Development Tax - Grants and Aids. This transfer will enable the distribution of funds for the Virgil D. Hawkins Foundation, Inc. grant.
8. Budget transfer, in the amount of $278.00, from the In-House Support/Insurance Sheriff account to Trans/Sheriff Salary account. The original amount budgeted for the Sheriff's salary was underestimated and a transfer is necessary to adjust the budget to the actual figures.
9. Budget transfer, in the amount of $39,195.00, to Contractual Services Fiscal and Administrative Services account from the Special Reserves account to pay for reimbursement requests made from Greater Construction for invoices paid for the repair and maintenance of the subdivision of Greater Hills, Greater Groves, and Greater Pines.
10. Capital substitution request, in the amount of $740,000.00, from the Emergency Services Fire & Rescue Fund and Fire Impact Fee Fund to purchase five new commercial engines (pumpers) rather than purchasing the three tankers, two suburban pumpers and station access signals originally approved in the Fiscal Year 1999 budget.
11. Request for approval of Check Request (Direct Pay) from the Clerk of Courts for payment of June Criminal Court Fees. The total payment is for $27,607.00.
12. Request for approval of Check Requests (Direct Pay) from the Clerk of Courts for payment of April Criminal Court Fees. The total payment is for $26,612.00.
Accounts Allowed/Landfills/Contracts, Leases & Agreements/County Property
Request for authorization to extend Hartman & Associate, Inc., contract for an additional 12 months, at an estimated cost of $53,000.00, from August 8, 1999 through August 8, 2000 by executing a second amendment, to provide additional hydrogeological services for the Lady Lake Landfill closure and Astatula Landfill contamination assessment which is required by the Florida Department of Environmental Protection.
Request for approval and execution of a contract for lease for storage space with W.N.P., Inc. (Best Storage) for Records Management for additional storage of records on a month-to-month basis at $200.00 per month/$2,400.00 per year beginning July 1, 1999.
Request for authorization to award RFP 99-002, encumber funds, in the amount of $280,036.32, and execute a contract, subject to County Attorney approval, to CleanNet of Central Florida to provide custodial services for County and Health Department buildings.
Request for authorization to award RFP 99-145, encumber funds in the amount of $59,995.00; and execute a contract with Hendricks and Associates, Inc. to provide Compensation Consultant Services to the County including recommendations for revisions to the performance evaluation and merit program, conducting a compensation study and assisting in implementing a new compensation plan.
Request for approval to establish an Ordinance to amend Lake County Codification to repeal in its entirety Chapter 7 entitled Child Care Centers.
Accounts Allowed/Assessments/Subdivisions/Code Enforcement
Request for approval of Resolution No. 1999-132, to impose Special Assessment Lien for Code Enforcement Board #137-98, Lot 10, Somerset Subdivision, First Addition, in the amount of $275.00, to recover the cost of abating the excessive vegetation for this property in violation, administrative and operating fees; and approval to execute notice to property owners of the special assessment.
Request for approval and execution of certificates for employees with one and three years of service.
Assessments/Roads-County & State
Request for approval and authorization for the Chairman to execute Satisfaction of Liens for three road assessments.
Assessment # Name Date Paid
686020 James M. Bales 06/02/99
689045 Fritz Huber 06/22/00
690009 United Telephone Company 06/08/00
Resolutions/Roads-County & State/Signs
Request for approval of Resolution No. 1999-131, authorizing the posting of speed limit signs in the Bassville Park area on the following roads:
N. Putney Court (5-6142A) Hunt Avenue (5-5437B)
S. Putney Court (5-6042) Oak Avenue (5-5537)
Pine Glen Drive (5-6142) Center Lane (5-5338B)
Blue Heron Way (5-6043) Pala Verda Avenue (5-5339)
Quail Run (5-6043B) Crestwood Avenue (5-5238)
Cedar Lane (5-6044) Park Avenue (5-5283A)
Calla Court (5-6044A) Claire Drive (3-5237A)
Cypress Court (5-6044B) Ike Avenue (3-5137)
Harbor Shores Road (5-5942) Cook Lake Court (3-5235A)
Insim Lane (5-5843) Lake Drive (5-5138)
Learn Road (5-5737) Fountain Lake Boulevard (3-5038)
Pierce Avenue (5-5541) Fountain Lane (3-5038A)
Sunland Avenue (5-5439) Maple Street (3-4637D)
Pine Street (5-5437A) Crossen Street (3-4637B)
Patterson Street (5-5538B) Bluegill drive (3-4637A)
Grove Street (5-5338C) Perch Avenue (3-4538)
Valley Lane (5-5338A) Pike Street (3-4538A)
Portland Avenue (5-5339A) Shellcracker Drive (3-4637)
Goose Creek Road (5-6040) Lake Eustis Drive (3-4938)
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval and authorization for the Chairman to execute the Litter Control and Prevention Grant application for 1999/2000; approval for the Chairman to sign and submit reimbursement requests as needed; and approval for the Chairman to sign the 1999/2000 Agreement with Keep Lake County Beautiful, Inc. (KLCB) which is related to the grant funds in an approximate amount of $26,316.00.
PERSONAL APPEARANCES/PUBLIC HEARINGS
At this time, Commr. Cadwell presented the following awards and plaques as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:
Presentation of Plaque to Employees with Five Years of Service
Charles Fedunak, Extension Agent II, Agricultural Coop Extension Service
Benson Hartle, Firefighter Lieutenant/EMT, Department of Emergency Services/Fire Rescue
Anna Perez, Secretary III, Department of Agricultural Education Cooperative Services, Horticultural Learning Center.
Joseph Waters, Animal Control Attendant I, Department of Emergency Services, Animal Control
Presentation of Plaque to Employee with Ten Years of Service
Paul Murrey, Equipment Operator I, Public Works/Maintenance Area I
Frank Horn, Equipment Operator I, Public Works/Maintenance Area I (Not Present)
Employee of the Quarter - Third Quarter
Tracy L. Zeller, Budget Manager, Fiscal & Administrative Services Budget Division
Ms. Sue Whittle, County Manager, introduced Mr. James Mauney, the new Lake County Fire Chief.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the request for approval of the Interlocal Agreements between Lake County, the Tax Collector and the Property Appraiser for the Valencia Terrace Subdivision for Non-Ad Valorem Assessment Services.
CONTRACTS, LEASES & AGREEMENTS/COMMITTEES
Ms. Diane Kamp, Curator, Lake County Historical Museum, appeared before the Board and explained that this request was for approval of the agreement between the Lake County Historical Society and the Lake County Board of County Commissioners to continue the relationship that the Board provides for office space for the Historical Society and, in turn, the Historical Society shares the disposition of artifacts and other historical documents and materials. She stated that they were also requesting approval to advertise an ordinance creating the Lake County Historical Museum Advisory Committee.
Mr. Don Copeland, President, Lake County Historical Society, appeared before the Board to address questions pertaining to the preservation of historical homes in Lake County.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the Agreement between the Lake County Historical Society and the Lake County Board of County Commissioners; and approved authorization to advertise an ordinance creating the Lake County Historical Museum Advisory Committee.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Ms. Jean Kaminski, Executive Director, Home Builders Association, appeared before the Board and stated that the Lake County Cultural Affairs Task Force was in the process of looking at the architectural structures of historic buildings in Lake County.
Ms. Mary Jane Torrez, representing the residents in the Astor area, appeared before the Board and presented a photograph illustrating the growth of salvinia, also known as duck weed, in the canals in the Astor area. She discussed a problem with salvinia in the canals in the Astor area and explained that the Army Corp of Engineers have sprayed the canals to control salvinia until this year, and they have now indicated that they can no longer spray for salvinia due to budget constraints. She stated that a drainage ditch located at the end of a canal draining S.R. 40 was contributing to the growth of salvinia. She distributed a petition with signatures requesting that Lake County officials do everything necessary to eliminate and control the future growth of the salvinia in the canals.
Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board and explained that the County does not spray in the Astor area because the Army Corp of Engineers, St. Johns River Water Management District, and the Department of Environmental Protection have different programs and spray for different weeds in different canals. He stated that a meeting has been scheduled to discuss options and costs which will include persuading the above noted entities to reestablish their programs. He stated that staff would follow up on this issue.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY POLICY/ECONOMIC DEVELOPMENT
Mr. Bruce Duncan, Economic Development Director, appeared before the Board to present a request for approval of changes to the Jobs Growth Investment (JGI) Trust Fund Guidelines to reflect that funds be awarded only for jobs which meet or exceed the average annual wage in Lake County. He noted that the average annual wage for Lake County at this time was $9.80 pr hour.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved changes to the Jobs Growth Investment (JGI) Trust Fund Guidelines to reflect that funds be awarded only for jobs which meet or exceed the average annual wage.
Mr. Duncan stated that, since the implementation of the monitoring program, over $300,000 has been brought back to the County and over $600,000 has been awarded in JGI Funds in the last fiscal year.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Commr. Hanson introduced Mr. Roly Marante, State of Florida, Special Assistant and Regional Director of the Governor's Office for the Central Florida Region; and Mr. Gerald Suarez.
BIDS/CONTRACTS, LEASES & AGREEMENTS
Mr. Bruce Conway, Director of Procurement Services, appeared before the Board to present the request to award RFP 99-117, and execute a contract to Vic's Embers Vending Services to provide vending services to the County. He stated that there will be no cost to the County for the vending service and ten (10%) percent of the commissions will go to the Employee Benefit Fund.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved authorization to award RFP 99-117; and to execute a contract to Vic's Embers Vending Services to provide vending services to the County.
Ms. Sue Whittle, County Manager, stated that a provision in the bid offers a barbeque for 400 people at no cost to the County. She requested that the Board give some thought to how that would best be used, and noted that Procurement Services would bring back options for consideration.
ACCOUNTS ALLOWED/COUNTY PROPERTY
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present a request for Board consideration of the purchase of property owned by Mr. James C. Hunter located at 312 West Main Street, Tavares, Florida. He explained that the property was appraised by Matonis MacDermott Sorech & Company at an estimated cost of $450,000.00. He stated that the property and the office building would be used for County office space and additional parking for approximately 20 to 30 vehicles.
Ms. Dottie Keedy, City Administrator, City of Tavares, appeared before the Board to discuss the direct impact on downtown Tavares and requested that County staff be directed to work closely with the City of Tavares staff in dealing with the issues of parking and pedestrian traffic.
Commr. Cadwell suggested that the City of Tavares make a presentation to the Board on the direction of downtown Tavares.
Commr. Swartz stated that there was a need for parking in close proximity to the Historic Courthouse and the Administration Building for the citizens and that the proposed parking lot should be designated for citizens rather than for employees.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board authorized staff to enter into negotiations to purchase property from Mr. James C. Hunter, located at 312 West Main Street, Tavares, Florida, in the amount of $450,000.00, and to bring back to the Board a contract for approval.
MUNICIPALITIES/RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board and explained that staff has been working with the Town of Lady Lake on the right-of-way acquisition for the northeast corner of Rolling Acres Road and C-466. He explained that the Gore family, owners of subject property, are not willing to dedicate the property without being compensated, in the amount of $165,000, which represents their estimated cost of construction of a wall the entire length of their property. He stated that the Town of Lady Lake has retained legal counsel to evaluate the possibility of acquiring the property through eminent domain and are requesting that impact fee funds be used to pay the cost of acquiring the right-of-way.
Commr. Swartz suggested that the Board consider modifying the Transportation Impact Fee Fund to recognize the purchase of right-of-way. He requested that staff consult with Dr. Jim Nicholas as to the County's ability to make an adjustment based on a right-of-way calculation figure and bring this issue back to the Board in lieu of revising the entire formula.
Commr. Gerber expressed concern that the market analysis indicates a value of the parcel in the range of $25,000, and the Gores were requesting $165,000 which includes the cost of constructing a wall between the road and the entire length of their property. She suggested that the Board pay the Gores no more than the market value.
In response to a question presented by Commr. Swartz, Mr. Stivender stated that the road extension was an integral part of the collection of traffic in the area.
Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve the request from the Town of Lady Lake Commission to participate in the right-of-way acquisition and condemnation costs using Road Impact Fees for the Gore property - Rolling Acres Road.
Commr. Swartz stated that he seconded the motion mainly because the Board has indicated a willingness to look at the right-of-way issue.
Commr. Cadwell stated that the original intent was for Lake County to participate in the right-of-way acquisition using road impact fee funds and not pay the entire cost. He noted that the Town of Lady Lake has tried to settle this issue with an offer that did not include impact fee dollars.
Commr. Hanson requested that the Chairman continue to work with the Town of Lady Lake in the right-of-way acquisition process.
The Chairman called for a vote on the motion, which carried unanimously by a 4 - 0 vote.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Mr. Steve Vaughn, Vaughn Realty Corporation, appeared before the Board to discuss the Transfer of Development Rights (TDRs) within the Wekiva River Protection Area. He distributed a handout comprised of language from the Lake County Future Land Use Element, a memorandum dated July 12, 1999, a Calculation of Development Density & Transferable Development Rights, and a boundary map. He stated that there were several people living in the Wekiva River Basin that would like to have TDRs available to allow development of one parcel taking the development rights away from another parcel so that the density does not increase which was the purpose of the TDRs. He requested that the Board encourage the state to allow people in the Wekiva River Protection Area to purchase TDRs.
Discussion occurred in regard to the original intent of the Transfer of Development Rights; at which time Commr. Hanson stated that the state has a large supply of TDRs that could be considered a bank She suggested that those TDRs could be purchased and the money could be used toward improving the Wekiva River Protection Area, and the purchase of additional land.
Commr. Cadwell requested that staff prepare an agenda item for discussion on Transfer of Development Rights in the Wekiva River Protection Area.
Commr. Swartz stated that one aspect where TDRs have worked was where the County becomes a bank for legitimate transfers of TDRs. He stated that he was not in support of the transfer of development rights of state owned land to be used for development purposes.
RECESS & REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would recess and reconvene at 10:20 a.m.
Ms. Sue Whittle, County Manager, informed the Board that Lake County has received an opportunity from HUD for Lake County to obtain urban county status and entitlement funding in the CDBG (Community Development Block Grant) program. She stated that it would be extremely advantageous for Lake County to obtain the urban county status.
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board and explained that the County has received notice that Lake County was being considered for urban county status. He explained that the County's population was 111,000 in the unincorporated area, and the County has the opportunity to invite the municipalities to become a partner in an urban county entitlement program. He stated that staff would like to mail cooperative agreements to the municipalities inviting them to participate in the program. He stated that staff would bring the agreements back to the Board on August 24, 1999 for approval and noted that the deadline to submit the agreements to HUD was September 1, 1999.
Ms. Whittle stated that HUD has indicated that the minimum funding available to Lake County would be approximately $900,000 which would start in the year 2000. She stated that, if all of the municipalities become a part of the urban designation, the maximum amount of money available would be approximately $1,800,000 at this point in time. She stated that it was not necessary for all of the municipalities to become a part of the designation for the County to pursue the designation.
PERSONAL APPEARANCES (CONTINUED)
PRESENTATION ON CONSERV II
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and stated that the Water Conserv II Team from the City of Orlando were present to make a presentation on the Water Conserv II program.
Mr. Tom Lothrop, P.E., Director of Environmental Services for the City of Orlando, appeared before the Board to discuss the current status of Conserv II and distributed a booklet titled Water Conserv II, and a copy of the slide presentation which addresses the past, the present and possible future considerations. He introduced the following members of the Water Conserv II Team that were present in the audience: Alan Oyler, P.E., City of Orlando Environmental Services; Mike Chandler, Teresa Fries, P.E., and Gabe Delneky, P.E., Orange County Utilities; John Jackson, Agricultural Extension Agent; Phil Cross, Woodard & Curran; and David MacIntyre, P.E., and Manuel Garcia. At this time, Mr. Lothrop, Mr. Jackson, Mr. Oyler, and Ms. Fries discussed the following presentation:
WHAT IS WATER CONSERV II
OTHER AGRICULTURAL OPTIONS
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CONCERNS FOR CENTRAL FLORIDA
SOUTH LAKE COUNTY URBAN DEVELOPMENT
USING RECLAIMED WATER REDUCES GROUNDWATER WITHDRAWALS
CITY OF CLERMONT/CLERMONT SERVICES AREAS MAP
US 27 SERVICE AREA/MAPS
CONSERV II RECHARGE EFFECTS MAP
PROJECTED DRAWDOWNS MAP
WATER CONSERV II LANDS IN LAKE COUNTY
BENEFITS TO LAKE COUNTY
Maintain groundwater levels
Maintain surface water levels
Mr. Lothrop addressed questions presented by the Board and explained that they were looking at a regional approach to water resources as opposed to providing for our own needs. He explained that Conserv II was an enterprise fund supported by user fees and that a program of this magnitude could not be supported by any other mechanism. He stated that revenue bonds have been issued in the past and noted that there were water management grants available.
In response to a question presented by Commr. Cadwell, Mr. Jackson explained that, when growers sign a contract to become a part of Conserv II, the growers initially abandon their well for irrigation or cold protection. He stated that there may be some existing agricultural wells used for cold protection in the future; however, none have been used in the past.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
Ms. Valerie Fuchs, Assistant County Attorney, presented the request for approval of a Settlement Agreement between Lake County and West Bailey, Jr. She explained that the agreement provides that Lake County will dismiss the foreclosure case and record a Release of Lien in exchange for cleaning up the property and remitting to the County $228.00 to cover the costs of enforcement and court fees.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the Settlement Agreement between Lake County and West Bailey, Jr.
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
Ms. Valerie Fuchs, Assistant County Attorney, presented the request for approval of a Settlement Agreement between Lake County and Jeffrey B. Buckner, individually, and Lake County and Jeffrey B. Buckner and Debra T. Buckner, Jointly. She explained that this involves two (2) parcels, and the first agreement was in reference to the special master proceeding for a five (5) acre parcel for Jeffrey Buckner which allows Mr. Buckner to replace an existing mobile home with a conventional home located in the Green Swamp Area of Critical State Concern. She stated that the second parcel was a vacant parcel adjacent to the five (5) acre parcel which was purchased in 1993 with the intent to build a conventional home; however, they were not allowed to pull a permit due to a rural conservation land use designation. She explained that the agreement on the second parcel requires that, within 30 days of Board approval, written consent be provided from the individual that sold the property to Jeffrey and Debra Buckner to give up a portion of the development rights on his surrounding 30 acres.
Commr. Hanson made a motion, which was seconded by Commr. Gerber for discussion, to approve Settlement Agreements between Lake County and Jeffrey B. Buckner, individually, and Lake County and Jeffrey B. Buckner and Debra T. Buckner, Jointly.
In response to questions presented by Commr. Gerber, Ms. Fuchs explained that a mobile home would be replaced with a conventional home on the five (5) acre parcel, and a conventional home would be constructed on the second parcel in rural conservation which was one (1) dwelling unit per ten (10) acres.
The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Ms. Valerie Fuchs, Assistant County Attorney, stated that Mr. Steve Lengauer, representing the County in the two cases involving Rodney Lyons, has informed Lake County that Mr. Lyons appealed both cases to the District Court of Appeal and the District Court has refused to consolidate the two cases. She explained that an offer has been made to dismiss the suit against the individual County employees if the County would waive the cost and fees, in the amount of $2,884.66. She stated that it was the recommendation of Mr. Lengauer and the County Attorney's office to approve this Settlement Agreement.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to place on the agenda a request for approval of a Settlement Agreement between Lake County and Rodney Lyons.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the Settlement Agreement between Lake County and Rodney Lyons dismissing the suit against County employees with the County waiving the cost and fees in the amount of $2,884.66.
Ms. Sue Whittle, County Manager, provided an update on Lake County Day 2000 and distributed a copy of a memorandum, dated July 27, 1999, from Ms. Ava K. Kronz, Director, Continuous Quality Improvement. She explained that a letter was sent in May requesting volunteers to serve on the Lake County Day 2000 Committee and representatives from the League of Cities, two Chambers of Commerce, two hospitals, Leadership Lake Alumni, Sprint, and Florida Power have attended two (2) meetings. She stated that the Committee has suggested that a preliminary notice of a Legislative Day Luncheon, scheduled on March 29, 2000, and a reception for the Lake County Delegation, scheduled on March 28, 2000, in Tallahassee be sent to all Legislators in November. She stated that a funding letter has been drafted and will be sent to the Chambers of Commerce, Cities, organizations, and businesses, and a follow up letter will be sent in October with a request that donations be sent by December 31, 1999. She further stated that the Committee has recommended the following: 1) Itinerary for those traveling to Tallahassee; 2) "How To" booklet; 3) A "Legislative Day" in Lake County; 4) A process whereby all entities would establish their legislative issues beginning now; and 5) Establish an Information Booth in Tallahassee to help new attendees find their way around the facilities and the processes. She stated that the next meeting of the Committee has been scheduled on September 16, 1999, and she has asked that the Chairman attend some of the meetings to assure that the Committee was proceeding in the appropriate direction for Lake County Day 2000.
COMMISSIONER GERBER - DISTRICT NO. 1
Commr. Gerber provided an update on the Lake County Comprehensive Plan Education Element and distributed a memorandum, dated July 21, 1999, from Ms. Sharon O. Farrell, Senior Director, Department of Growth Management, regarding the Comprehensive Plan Education Element. She directed the Board's attention to the staff recommendation and explained that staff was suggesting that there was not a need for the County to prepare an education/facilities element, at this time, if the Lake County School Board was utilizing the Facilities Assessment Study Team (FAST) report. She further explained that staff was suggesting that the Evaluation and Appraisal Report (EAR) reference to an element be changed to support the FAST report. She suggested that the Board review the FAST report and determine if that was the direction that the Board wished to take for the Comprehensive Plan.
Commr. Swartz stated that the purpose was for the Lake County School Board to come forward with a meaningful education element and become involved in the long range planning that was consistent with the Comprehensive Plan and the infrastructure that was in place or proposed to go in place. He stated that the other aspect of an education element, which was essential, was to ultimately tie the needs to resources, and a form of concurrency within the education system.
Commr. Gerber stated that the Intergovernmental Coordination Element states that the County should develop an education element; however, staff was suggesting that the EAR reference should be changed to support the FAST report rather than a staff generated education element coordinated with the Lake County School Board. She stated that, if the Board feels that an education element was important and that it should be part of the Comprehensive Plan, the Board will have to develop the element. Discussion occurred regarding the education element; at which time the Chairman was directed to write to the Lake County School Board regarding an education element and to offer the Board's assistance in drafting an education element for the Lake County Comprehensive Plan.
COMMISSIONER HANSON - DISTRICT NO. 4
Commr. Hanson informed the Board that Mr. Jim Miller has requested the use of the Board Meeting Room on October 22, 1999, from 8:30 a.m. to 3:45 p.m., for a World Class Academy GTE Telecommunications Conference.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Commissioner Robert A. Pool as the Lake County Board of County Commissioners liaison to the Lake Soil and Water Conservation District PEAR Committee.
COUNTY MANAGER/COUNTY ATTORNEY
Commr. Cadwell informed the Board that evaluation forms would be distributed to each Commissioner today for the County Manager and the County Attorney and that the annual evaluations would be scheduled for discussion on August 31, 1999.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK