The Lake County Board of County Commissioners met in regular session on Tuesday, April 18, 2000, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; Robert A. Pool; G. Richard Swartz, Jr.; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle stated that she had two corrections to the agenda. She stated that, on Tab 29, Page 3, Line 6, the Ordinance amending Chapter 6, Lake County Code, the reference to Chapter 23 needs to be deleted. She stated that Tab 32 regarding the Transportation Impact Fee trip generation rate and trip lengths will be pulled, because it had not been advertised, and it needs to be advertised as a public hearing.
Mr. Sandy Minkoff, County Attorney, stated that he had one item regarding the Board of Examiners. He stated that there has been a resignation, and it might be a good time to discuss it, when the Board is discussing the changes to Chapter 6 in Tab 29. He further stated that staff will be asking for an appointment to that Board today.
Commr. Cadwell noted that today is the second day of Student Government Day, and there will be a Mock Board Meeting this afternoon.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 21, 2000, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Items 1 through 8 under the Clerk of Courts' Consent Agenda, as follows:
Bonds - Contractor
Contractor Bonds, as follows:
4732-00 David Wieckhorst dba Master Craft Builders (Carpentry)
5767-00 William Porter dba Bill Porter Plastering (Plastering)
5768-00 Mark J. Bordeau/Performance Plumbing, Inc. (Plumbing)
5769-00 Jones Plumbing Repair Service
5770-00 Larry Mott dba Mott Concrete, Inc.
5771-00 Schmidt Electric, Inc. (Electrical)
5772-00 Wayne Masciarelli dba M & M Enterprises of Morriston, Inc.
5768-00 Change Mark J. Bordeau/Performance Plumbing, Inc. to Mark J. Bordeau
5023-97 George Evans dba Evans Roofing
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Request for approval and signature authorization on the following:
Satisfaction of Judgment - State of Florida vs. Justin Robert Gray, Case No. 96-166CFA, in the amount of $250.00 - This Final Judgment entered on the 18th day of March, 1996, and recorded in OR Book 1428, Page 1898, of the Public Records of Lake County, Florida.
Satisfaction of Judgment - State of Florida vs. Magaly N. Johnson, Case No. 97-2852MMA01AC, in the amount of $280.00 - This Final Judgment entered on the 21st day of April, 1998, and recorded in OR Book 1602 Page 697, of the Public Records of Lake County, Florida.
Accounts Allowed/County Property
Request to approve list of items to be deleted from Fixed Assets for the month of March, 2000, in the amount of $11,660.29.
Request to acknowledge receipt of the copy of Report No. 13613 an operational audit made of the District Board of Trustees Lake-Sumter Community College, for the fiscal year ended June 30, 1999.
Reports/State Agencies/Water Resources
Request to acknowledge receipt of the Reports from the Southwest Florida Water Management District, as follows, in accordance with Sections 373.507 and 218.32, Florida Statutes:
Request to acknowledged receipt of Ordinance No. 00-02, An Ordinance of the City Commission of the City of Eustis, Florida; Initiated by the Property Owner, Annexing with Concept Plan Approval of One Professional/Office Building into the Corporate Limits of the City of Eustis, Florida, .86 Acres of Vacant Land on the North Side of Lake Saunders Drive (3-4760) Between C 19-A and Hwy. 19-A; 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, passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, Florida, this 16th day of March, 2000.
Request to acknowledge receipt of the following Ordinances from the Town of Montverde:
Ordinance No. 12-07-99, redesignating zoning classification for certain property owned by Julie S. Steorts; Located within the Town limits of the Town of Montverde, Florida; Rezoning subject property from Montverde R1 (Single Family Medium Density) to Montverde RMH (Single Family Mobile/Manufactured Home Medium Density); and Establishing an effective date. Passed and ordained by the Town Council of the Town of Montverde the 7th day of December, 1999.
Ordinance No. 01-04-00, amending Ordinance No. 10-6-92B, pertaining to collection of a fire protection user fee in the Town of Montverde; Providing for payment upon receipt of the fire protection user fee bill; Providing for an initial late fee and monthly late fee in the event the bill is not paid within fifty days after the bill is mailed by the Town; Providing a severability clause; and Providing for an effective date. Passed and ordained by the Town Council of the Town of Montverde the 4th day of January, 2000.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 24, for the following requests:
Request to advertise bid for construction and installation of turnkey modular building for public libraries.
Bonds/Community Services/Housing Authority/Resolutions
Request for approval and authorized execution of Resolution 2000-51 for issuance of Homeowner Revenue Bonds and Single Family Mortgage Revenue Bonds to be issued by the Orange County Housing Finance Authority for financing assistance for first-time homeowners of single family residences and/or refund indebtedness incurred for such purpose.
Accounts Allowed/Economic Development
Request for approval to initiate litigation against Burton International Innovators to recover monies in the amount of $16,540.00 given through the Jobs Growth Investment Trust Fund.
Request for approval for Lake County Fire/Rescue to trade a Ford F350 Chassis with a Utility body that is a surplus vehicle with the City of Fruitland Park Fire/Rescue for a Chevrolet Stepside Truck, which will be an even trade.
Accounts Allowed/Facilities and Capital Improvements
Request for approval of criteria for the fourth year of the Lake County Youth Recreation Assistance Program in the amount of $50,000.00.
Accounts Allowed/Central Park/Facilities and Capital Improvements
Request for approval to connect the Lake County Welcome Center to the permanent water and sewer system serving the Chris Ford Central Park in the amount of $8,636.52.
Contracts, Leases & Agreements/Facilities and Capital Improvements/Municipalities
Request for approval to enter the First Amendment to Interlocal Parking Agreement between the City of Tavares and Lake County dealing with parking for County facilities.
Accounts Allowed/Budgets/Sheriff's Department/Facilities and Capital Improvements
Request for approval of budget transfer in the amount of $15,000.00 from Contingency - Sheriff to General Fund, Constitutional Offices/Sheriff, Law Enforcement Operating Account. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer from Contingency - Sheriff to the Law Enforcement Operating Account.
Request for approval of budget transfer in the amount of $342,019.00 from Special Reserve - Fund 301 to Sales Tax Capital Projects, Facilities and Capital Improvements, General Government Buildings. The scope of the Courtroom 8 capital project has changed and must now include two more judges' suites at a cost of $164,867.19. The old Post Office will become the location for the Law Library and this renovation will cost $177,331.81. Both job quotes are contingent on the current contractor doing it simultaneously with current contracted work and completing both within five months. Otherwise the estimate is $30,000.00 higher.
Request for approval and authorization to award Bid Request No. 00-121 for Judicial Center enhancements to include Courtroom 8 and judges suites 9 and 10, encumber funds and authorize the Chairman's contract signature to the lowest responsive and responsible bidder, Metropolitan Construction in the amount of $495,845.00.
Accounts Allowed/Insurance/Risk Management
Request for approval and authorization for the chairperson to sign the Questionnaire for Railroad Protective Operations (Insurance Application), for renewal of the current insurance policy, in the amount of $4,500.00, subject to the County Attorney's review and approval.
Accounts Allowed/Insurance/Risk Management
Request for approval of the contract with Unipsych Benefits of Florida, Inc. in the amount of $35,112.00 and authorization for the chairperson to sign the contract, subject to the County Attorney's review and approval.
Accounts Allowed/Bids/Road Projects
Request for approval and authorization to execute change order #1 in the amount of $138,280.59 for additional changes as required for the Rolling Acres Road Phase II Construction Project No. 10-99, Bid No. 99-081.
Accounts Allowed/Bids/Road Projects
Request for approval and authorization to advertise for bids for Merry Road Extension South Project No. 5-00 at an estimated cost of $484,496.00 from the Road Impact Fee Benefit District 2 Fund - Commissioner District 3.
Request for approval and authorization to release a maintenance bond in the amount of $19,480.10 that was posted for Greater Hills Phase 9 subdivision.
Request for approval and authorization to release a maintenance bond in the amount of $25,000.00 that was posted for Lake Valley subdivision.
Request for approval and authorization to release a maintenance bond in the amount of $23,797.40 that was posted for Clear Creek Phase 1 subdivision.
Request for approval and authorization to release a letter of credit for maintenance in the amount of $23,435.00 that was posted for Hidden Hills Phase 1 subdivision.
Request for approval and authorization to release a letter of credit for maintenance in the amount of $30,379.25 that was posted for Arrowhead Phase II subdivision.
Request for approval and authorization to release a letter of credit for maintenance in the amount of $16,200.00 that was posted for Hammock Grove Estates subdivision.
Request for approval and authorization to accept the final plat for Babb Estates subdivision. Subdivision consists of eight lots - Commission District 5.
Request for approval of Resolution 2000-52 supporting the Florida Department of Transportation (FDOT) "Buckle Up!" Florida State's Safety Belt Use Law.
Request for approval to apply for the Visit Florida Eco/Heritage Tourism Grant Program for 2000-2001 to fund projects, assist in the development of the inventory, provide funding for multi-county marketing projects for the promotion of Ecotourism/Heritage Tourism and support regional tourism efforts.
ADDENDUM NO. 1
Ms. Kathleen Thomas, Solid Waste Operations Director, addressed the Board and stated that Proclamation 2000-35 will be presented to the City of Eustis, for being the Municipal Recycler of the Year. Ms. Thomas introduced the following representatives from the City of Eustis: Mr. Jim Myers, Finance Director; Mr. Mike Sheppard, Deputy Finance Director; and Mr. Dave Miller, Public Works. She also introduced Mr. Tom Popieski, President, Eustis Chamber of Commerce.
Commr. Gerber presented the Proclamation and Mr. Myers extended his appreciation on behalf of the City Commission and the citizens of Eustis.
Ms. Thomas explained that, about two years ago, Commr. Gerber and staff attended a meeting with the officials from the School Board to discuss a school recycling program. She stated that Tavares High School was the first school to participate in that program, and there are now 21 schools participating in it. She stated that Tavares High School recycled 10.93 tons, which was twice as much as any other school in the County. Ms. Thomas introduced the following representatives and students from Tavares High School: Mr. Steve Farrell, Assistant Principal and Ms. Pat Maroe, Teacher at Tavares High School; Mr. Brian Masters; Mr. John Napolis; Miss Wendy Qwaltney; Mr. Gordon Langfeld; and Miss Crystal Peppin.
Ms. Thomas stated that the Tavares High School students were instrumental in their participation in the St. Johns River clean-up.
Commr. Gerber presented Proclamation 2000-46 to Tavares High School for being the School Recycler of the Year.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
RESOLUTIONS/OTHER COUNTIES/PUBLIC WORKS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and stated that Commissioner Mary Jane Arrington, Osceola County and Chairman of the Metroplan Orlando, and Mr. Perry Barley, Executive Director of Metroplan Orlando (Orange, Seminole and Osceola), were present to discuss a joint resolution to establish a cooperative transportation planning effort.
Ms. Mary Jane Arrington stated that, on behalf of Metroplan, they welcome the opportunity to work with the Lake County Board to solve the regional transportation challenges. Ms. Arrington stated that they already have a working agreement with Volusia County and Brevard County. Their prime example of success is the bridge over the St. Johns River, which was not in the Department of Transportation's (DOT) budget, and through them working together as a region, it is now on the fast track and will soon be under construction. Ms. Arrington stated that everyone is going to have to work together, if we are going to solve the transportation needs of the future. She stated that she hopes some day Lake County will be a formal part of their Regional MPO, as it grows. She further stated that the Metroplan Orlando Board has approved the language of the interlocal agreement, and she hopes that this Board will approve it today, and then their board will ratify it.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved joint Resolution 2000-56 between Metroplan Orlando and the Lake County Board of County Commissioners to establish a Cooperative Transportation Planning Effort.
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the proposed resolution to adopt a new fee schedule for the Building Services Division. Ms. Farrell noted that this item was on the April 4, 2000 agenda, and it was postponed until today. She stated that staff has determined the people and equipment necessary to provide the best level of service, and the budget office has reviewed the numbers with them.
The Chairman opened the public hearing portion of the meeting and called for public comment.
Ms. Jean Kaminski, Executive Director of the Homebuilder's Association of Lake County, presented the Board with a handout noted as the Permit Fees Position Paper from the Homebuilder's Association of Lake County. Ms. Kaminski. stated that the Association supports the need for additional personnel, in order to provide an adequate level of service; it supports the need to upgrade current employees to be competitive; and it recognizes additional monies may be required to accomplish this and will support a reasonable increase. Ms. Kaminski stated that they are looking at a new way of calculating fees and large increases. She noted that the handout presents a sampling when using the proposed average increase, as follows: Residential is 72%; Commercial is 30%; Aluminum is 81%; and the Average overall increase is 61%. She stated that, since the two most recent fiscal years have shown a surplus, even after substantial support costs, the increase seems excessive to meet needs. The first one was almost $400,000 and that was after substantial monies were set aside for the support of the County Commission, and the various departments. She stated that the Association is asking the Board to take a more conservative approach in raising these fees. She offered the following, as two options: Option 1 - Increase fees by 20% using current method; and Option 2 - Develop a more reasonable square footage cost and using $ .22 for total residential, with the breakdown being $.14 for building, $.03 for electrical, $.03 for plumbing, and $.02 for mechanical. The Association was asking that the Board take a conservative approach and monitor it for six to eight months. She stated that the handout contained a table, which gave some comparisons using strictly the residential, and she asked that the Board consider an implementation date of July 1, 2000. Ms. Kaminski stated that she has received calls about two small items in the proposed schedule, which were as follows: the more than doubling of the reinspection fees from $25 to $55, and the doubling of the fees for change of sub-contractors.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson stated that she, as well as most of the members of the Board, have received support for increasing the fees, but she was not sure that those who sent the letters of support actually had all of the details. She explained that the funds raised from the Building Permitting Department are to pay for the costs of the services provided, and with the tremendous growth that has occurred in the County, it has been difficult for staff to keep up and provide the actual level of service that is required in the building and construction area. The Board knows it needs to do something, but she was not sure that it was the proposal being made by staff.
Ms. Farrell explained that it is a more equitable approach to do square footage, as opposed to valuation. She stated that right now the Building Division is overwhelmed, and they are currently at 686% of their overtime, and they need to get these individuals into the new positions, as noted, at a market value pay scale. She asked that the Board make the change and go with the square footage, with a June or July start date.
Discussion occurred regarding where the County is now, in terms of the residential amount of $.29. Ms. Farrell explained that, if the County went with the Association's proposal of $.22, this would drop the $.21 down to $.14, and the County is currently at $.12 to $.14. This figure would not allow the County to do what needs to be done. Ms. Farrell stated that a penny either way does not hurt, because it would be $20 or $30 on a single family permit, based on the square footage of a house. For the smaller homes, the County is going to be less than Seminole County and Orange County, but it gets more expensive for the larger home. For the average 2,000 square foot home, whether it is $.21 or $.20, it will be $10 to $20 difference on the building permit. She noted that staff would be willing to go to the July 1, 2000 start date.
Commr. Cadwell stated that usually the County has been able to develop something that satisfies the Homebuilder's Association, but this time it has not been able to do so, but it cannot delay action any longer, because staff definitely needs help. He does not want to see the Board delay action today, no matter what it decides to do, and the Board knows it will have from now until budget time to monitor their decision.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve Resolution 2000-53 instituting the new fee schedule for the Building Services Division, with the adoption date to begin July 1, 2000.
Under discussion, Commr. Swartz stated that, if the Board, through the budget process, wants to look at the Building Department, it will have the opportunity to do that, because the Board approves fees every year, and this will give the Board a chance to change them at that time.
Commr. Pool made a motion to amend the motion on the floor, from $.29 to $.25.
Commr. Cadwell passed the gavel to Commr. Hanson and seconded the motion.
Under discussion, Commr. Gerber stated that she does not feel that the $.25 will raise the money that staff needs.
Commr. Pool stated that he feels the $.25 is a reasonable increase, to evaluate for six months.
Commr. Hanson stated that, if the Board approves $.25, the Board can still look at the $.29 during the new budget process.
Commr. Swartz stated that staff has worked a long time trying to put this proposal together, in order to bring Lake County up into relative equality with what other counties are actually charging. He stated that it is clear, from what the County has done in the past on impact fees, that this does not really have a negative impact on people moving here and building houses and creating commercial. For the Board to come in and just start picking numbers out of the air, when staff has worked on this for so long, it just seems to be a disservice to what they have tried to do. Commr. Swartz stated that this item has been postponed for two weeks to give the homebuilders and staff a chance to review it, and the Board needs to understand that fees do go down on some occasions, but he thinks that the proposal before the Board has been well thought out and should be supported by the Board. He stated that if, over a period of time, the Board finds that it is bringing in too much money, or it has some other deleterious effect, the Board will have a chance to lower the fees.
After some discussion, clarification was made that the total amount, as noted in the amendment to the motion, would be a total of $.25 rather than a total of $.29.
Commr. Hanson stated that Commr. Swartz is correct that impact fees and the permitting will not slow down the growth, as long as there is a great economy, which the County has had for several years. She stated that a time may come in the future when the fees may have to be adjusted, but this will be something that the County will have to watch.
Commr. Hanson called for a vote on the amendment to the motion, which failed by a 2-3 vote. Commrs. Hanson, Gerber, and Swartz voted "no".
Commr. Hanson returned the gavel to Commr. Cadwell.
Commr. Cadwell called for a vote on the original motion, which was carried by a 4-1 vote. Commr. Cadwell voted "no".
PRESENTATION - SHERIFF'S DEPARTMENT
Commr. Cadwell noted that the presentation concerning the request for additional vehicles for the Lake County Sheriff's Office by George E. Knupp, Jr., Sheriff of Lake County, had been removed from the agenda.
Mr. Robert J. Moresi, Senior Hydrogeologist, Moffatt & Nichol Engineers, addressed the Board to make a presentation on the Comprehensive Surface Water Study on the Lake Lowery Region. Mr. Moresi noted that Ms. Jessica MacIntyre was present to assist with the report.
Mr. Moresi stated that the project included several tasks, which could be broken down into the following phases:
Mr. Moresi stated that the study area location in Polk and Lake Counties stretches from Highway 27 on the east, Highway 33 on the west, and goes from Lake Louisa at the top down to just south of Lake Lowery, which is near Highway 1792. He stated that this is such a critical issue, because of the Green Swamp, which is considered to be the major recharge area in the central part of the State.
Mr. Moresi reviewed, in detail, the following graphs in the report:
Study Area Location in Polk and Lake Counties
Features in the Study Area
Drainage Systems of the Green Swamp Area
Geological Conditions in the Lake Lowery Study Area
Location of Structures in the Study Area
Timeline for Structures Built Between 1958 and 1972
Timeline for Structures Built Between 1941 and 1999
Sequence of Structure Construction
Relative Flow Capacities of Structures within the Study Area
Topography in the Study Area from 100 to 140 (and above) feet NGVD
Probable Historical Directions of Surface Water Flow in the Study Area
Locations of Relatively Large Flow Capacity Structures
1995 Aerial Photograph of the Lake Lowery Area
Land Survey Around Lake Lowery, 1848
Soil Survey of Polk County Around Lake Lowery, 1927
Aerial Photograph Enlargement of Area Between Lake Lowery
and Lake Haines, 1941
Aerial Photograph of Lake Lowery Area, 1956
Soil Survey of Polk County Around Lake Lowery, 1985
Referenced Wetlands around Lake Lowery
Groundwater Levels in the Lake Lowery Area
Discussion occurred regarding the issue of the Green Swamp being a recharge area, with Commr. Swartz explaining that the Board has been told historically that the Green Swamp was really not recharge, but it was the potentiometric high in this pressure gradient on the water.
Mr. Moresi stated that it was probably a matter of how one would interpret recharge and Green Swamp and its effectiveness. He explained that the water is going to go from the highest elevation to the lowest elevation, so it is going to recharge from surficial to deep into the floridan, and it is going to move horizontally away. If you look at the potentiometric maps of the State of Florida, you will find out that they are high at the Green Swamp, and they get lower as you move away, because groundwater flows downhill. He further explained that, once you put the water on the ground in the Green Swamp, and you do not have a confining bed, it is going to seep through the Green Swamp area, which is nothing more than a definition by region. It is going to seep into the ground and move horizontally and that recharges the rest of the floridan aquifer.
Commr. Swartz stated that the critics of the Green Swamp Area of Critical State Concern have often said that, because it is not a recharge area, it was a fallacy of some of what has been done in the Green Swamp.
Mr. Moresi explained that Green Swamp is basically a term that was developed in a geology report (RI42). If you look at the wetlands in this area, they are reflecting the surficial aquifer, and the watertable (surficial aquifer) and the water in the swamps and the wetlands are almost synonymous. The waters (surficial aquifer) move from the swamps into Lake Lowery, and Lake Lowery gets recharged by that surficial aquifer. He noted that wetlands will lose water faster than open water body, because of the transpiration rates of plants. Mr. Moresi stated that, in looking at the Green Swamp as a whole, he would have a hard time being convinced, as a geologist, that it is not a recharge area.
Mr. Moresi continued his presentation by referring to the following graphs and presenting detailed information pertaining to same:
Relationship Between Potentiometric Levels and the Water Table
Relationship Between Groundwater Levels and Lake Lowery Water Levels
Relationship Between the Water Table and Lake Lowery Water Levels
Location of Flow Estimations
Photo 1 - Black Ford 3/29/00 Looking South
Photo 2 - Black Ford 3/29/00 Looking North
Locations of Rainfall, Surface Water, and Groundwater Monitoring Stations
FLOW CALCULATIONS TABLE
Mr. Moresi noted that the report shows two Flow Calculations Tables, one showing the Flow Estimates in Cubic Feet per Second (cfs), and Flow Estimates as Percentages, as well as the following:
Discharge Records for Big Creek, Little Creek, and Withlacoochee River
Relationship Between Lake Levels and Structure Construction from 1941 to 1999
Frequency of Occurrence of Lake Lowery Elevations (1960-1999)
Diversions from Lake Lowery
Mr. Moresi stated that Phase Two involves looking at Management Alternatives to try to solve the problem that currently exists at Lake Lowery, as follows:
Purpose: Evaluate several management alternatives based on
Mr. Moresi stated that, from the analysis, the seven parties that are involved with this process will be able to pick the most appropriate solution.
Mr. Sandy Minkoff, County Attorney, informed the Board that the agreement between these parties, to conduct this study, was an outgrowth of a mediation session that Commr. Pool attended. The agreement that the County entered into has, by its terms, expired date wise. All of the parties, except for Polk County, has agreed to renew it and continue with the study. He stated that Polk County, to his knowledge, has still not renewed it, and as the Board is aware, Polk County has attempted to have a bill passed that would take this area out of the Water Management's District authority, or jurisdiction. He feels that the other six parties wish to complete this study, whether Polk County is a part of it or not, and Lake County is acting on that basis. It may slightly increase the cost to Lake County, but it would utilize the information later through the litigation. He noted that Polk County has proposed a counter-agreement, which would let them move additional water to the south, and that was rejected by the other parties, and that was when Polk County came up with the local bill, which the Water Authority has been following and attempting to make sure that it does not get passed.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would take a ten minute recess.
Ms. Sue Whittle, County Manager, addressed the Board to discuss the Mid-Year Budget and stated that the adjustments, to the Fiscal Year 2000 budget, total $4,459,585, which increases the overall County budget to $211,904,456. The changes primarily reflect the audited Beginning Balance of each Fund, rebudgets, and the corresponding increase or decrease to reserves. No new positions are requested; however, adjustments include budget transfers for positions approved earlier in the fiscal year. Ms. Whittle noted that the document presents a Summary by Fund of the Budget Adjustments, Audited Fund Balances Forward, and Contingency/Reserve Adjustments. She noted that the detailed adjustments begin on Page 4 of the Mid-Year Report.
Ms. Sarah LaMarche, Fiscal and Administrative Services Director, addressed the Board to explain the adjustments to Contingency/Reserve Accounts - General Fund. Ms. LaMarche stated that the Special Reserve will be adding zero this year. She stated that $266,133 will be added to Reserve for Capital Projects, which is the adjustment for the excess ad valorem carryforward over the rolled back rate. An adjustment was made in the Reserve for the Medical Exam Facility, which is under the old plan, and it will be held until such time a determination can be made as to what to do with the $41,180. The Reserve for Reprographics is being reduced by $17,495 and the General Contingency is being reduced by $82,500 to account for Tax Collector office rentals and revised Public Defender estimates. Ms. LaMarche noted that on Page iv, it indicates a relatively large adjustment for the Jobs Growth Incentive Fund ($534,415). It was anticipated that this would be spent at the end of last year, but it was not spent, and therefore, it is being carried forward to this year. There is also a carryforward for the same reason in the Automation Account and matching Grant for the Sheriff's mobile data terminals of $358,796 and this has been rebudgeted for this year. Ms. LaMarche noted that the Sheriff has already asked for most of that amount at this point in time. Ms. LaMarche reviewed the following reductions in revenue estimates based on six months' activity:
Other expenditure increases which reduced the excess carryforward include:
Ms. LaMarche stated that the Contingency balance in the General Fund, after adjustments, is $279,849. She stated that the County Transportation Trust (CTT) fund had $1,140,156 carryforward, which was the difference between the audited and the actual. There were several sales at the end of last year at the Christopher C. Ford Central Park, and the General Fund had loaned the fund about $861,200 which will now be paid back this year with the extra sales. She stated that the Road Impact Fees Fund is being reduced by $217,924; the Law Enforcement Trust Fund had a surplus of $219,712; and the County Sales Tax Revenue Fund had an excess of $1,254,888, which was transferred to the Sales Tax Capital Projects Fund. She further stated that the Criminal Justice Trust Fund is being decreased by $51,650, and the Fleet Maintenance Fund has a Fund Balance Deficit of $227,480. The Sales Tax Capital Projects Fund is being increased by $961,881; the Landfill Enterprise Fund is being reduced by $634,522; the Solid Waste Capital Projects Fund is being reduced by $680,235; Property and Casualty fund is being increased by $308,809; and the Employee Group Benefits Fund is being increased by $379,864.
The Chairman opened the public hearing portion of the meeting and called for public comment.
Ms. Elaine Renick addressed the Board to discuss storm water management and stated that the advertisement of the budget hearing in the paper did not show any kind of an adjustment to this area of the budget.
Commr. Cadwell explained that, during the budget hearings in the summer, the Board will review the storm water management fee, which is shown on the tax bills, and make any necessary adjustment at that time.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that the Board is making some major adjustments this year, and while there are articles in the paper pertaining to the Lake County School Board and their financial situation, the public needs to realize that the County is in a very good financial position. The adjustments being discussed now are adjustments that the Board knew were coming, because of things that were done during the year.
Ms. Whittle noted that the major adjustments are on the audited fund balances that have to be brought into the budget.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Resolution 2000-54 for the Mid-Year Budget.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Marilyn Sandholm addressed the Board and stated that she is a lake front property owner on Lake Elsie in the City of Tavares. Ms. Sandholm presented the Board members with a petition signed by other lake front property owners and adjacent residents requesting a no gas-motor ordinance for Lake Elsie. She stated that the lake is approximately 15 acres in size, and it is landlocked and spring fed, and they want to maintain the ecological quality of the lake. She noted that a copy of the plat was attached to the back of the petition, which shows the highlighted area as being those individuals who signed the petition. She also noted that the YMCA has given their verbal opinion pending their next board meeting. Ms. Sandholm stated that Lake Tavares is a few hundred yards to the southwest of Lake Elsie, and the City of Tavares passed a no gas-motor ordinance in 1975, which was also included with the petition. The City of Clermont also has a no gas-motor ordinance for landlocked lakes within the City limits. She was requesting that the Board consider an ordinance for Lake Elsie. Ms. Sandholm noted that she had submitted the original copies of the petition to the County Commission Office. She stated that some of the lake is in the City of Tavares, and she was told by the City that they own right up to the water's edge, and the Water Authority has jurisdiction over that lake.
Mr. Sandy Minkoff, County Attorney, stated that the County has the authority, even within the City, if the City does not have a regulation, but normally, if it was in the City, the City would deal with it, and if it was in the County, the County would deal with it. If it is in both, the County would want to try and coordinate with the City to make certain that there was an agreement.
Ms. Sandholm stated that the majority of the property is surrounded by County land, and after speaking to the City of Tavares, she was told that it was a County decision, because the City owns up to the water's edge.
Ms. Dottie Keedy, City Manager, City of Tavares, stated that she has not received a petition with these comments, although she did speak to Ms. Sandholm briefly. Ms. Keedy stated that she feels this is something that should be coordinated, because half of the lake is in the City, or at least the property surrounding it, and the other half is in the County.
Ms. Sandholm stated that there is a 50 foot section between two platted subdivisions, and that section is a lift station for the City of Tavares, and right now it is being treated as public property. She stated that it actually gives people access to the lake without having to cross private property.
Commr. Cadwell directed the County Attorney's staff to meet with the City of Tavares and determine the jurisdiction.
Mr. Minkoff stated that the County utilizes the Water Authority to get recommendations on these types of issues, so he will involve them as well.
Commr. Swartz suggested that the Board ask staff to work with the Water Authority and the City of Tavares and bring back a recommendation to the Board, to be placed on the agenda at that time.
Commr. Cadwell noted that the process should take about 30 days.
STATE LEGISLATURE/WATER RESOURCES
Ms. Nancy Fullerton stated that she was here representing herself and the Save Our Lakes Committee. Ms. Fullerton presented the Board members with a copy of House Bill 167 relating to environmental control and stated that this particular bill is on the calendar in the House. She explained that House Bill 167 is an exemption bill, so no permits would be needed, and with House Bill 57, you were exempted for 50 feet with the unlimited distance from the shoreline. She noted that House Bill 167 would allow a property owner to clear his whole shoreline of anything that is growing, and it also sets no outward limits. The original House Bill 167 set no limits on the muck removal, but the amendment, as attached, has returned the three foot depth. Ms. Fullerton stated that the original House Bill 167 would allow all of the vegetation to be removed, and the amendment is putting back a 25% replanting requirement. She referred to Page 3 and stated that the language "Outstanding Florida Waters" has been removed as an exception to the exemption, and therefore, it is not granted any protective status. The only protected ones are the aquatic preserves. Ms. Fullerton noted that Lake Weir had that designation removed last year, and she asked that Commr. Pool pay close attention to that point. Ms. Fullerton stated that she has talked to Senator Anna Cowin and Representative Randy Johnson and she believes that they are very concerned about this bill. She would like the Board to go on record to take a position of strong opposition to the House Bill 167, because the County does not have the protection of a shoreline ordinance.
Ms. Fullerton addressed the issue discussed by Mr. Minkoff, which was the Polk County legislation, as far as trying to give the control to Polk County for their structure and redoing their boundaries. She stated that, if the Board has taken a stand of opposition on this issue, then she would not proceed with the discussion.
Commr. Cadwell noted that the Board has notified its representatives in Tallahassee of their opposition to this particular issue.
Commr. Cadwell stated that, when the Board gets to Commission business, the item of House Bill 167 can be added for discussion.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, addressed the Board to discuss the request for approval to transfer funds and execute change orders to Metropolitan Construction, Inc. for the negotiated amount of $140,822.18, and to Strollo Architects, Inc. in the amount of $15,715.00 for the design and construction of Judicial Suites 11 and 12. Mr. Anderson stated that, in order to accommodate Suites 11 and 12, they will have to fully relocate the Law Library to the Old Post Office building, so they will have to renovate the Old Post Office, so the Board would need to approve the request to bid and award to the lowest responsible, responsive contractor for the renovation of the old Post Office project. Mr. Anderson stated that, for Item #1, the change order to accommodate Judicial Suites 11 and 12, staff has a firm price of $164,687.18, and staff has an estimated cost for Item #2, the renovation of the Old Post Office, in the amount of $177,331.81. He noted that the Post Office has approximately 4,500 square feet, and about two-thirds will be for the Law Library.
Mr. Sandy Minkoff, County Attorney, stated that this would be a temporary Law Library, and it will be designed to be used for another purpose, once they move back into the Judicial Building.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to transfer funds and execute the change orders for the Judicial Suites, and approved to bid and award the lowest responsible, responsive contractor for the old Post Office renovation, as stated.
Ms. Sharon Farrell, Senior Director, Growth Management, presented the request for approval to advertise an ordinance to establish regulations on the relocation of used manufactured housing, mobile homes, and park model recreational vehicles.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request to advertise an ordinance, as stated above.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board to discuss the request for approval to advertise the amendment to the Lake County Code, Chapter 6, Building Codes and Construction. Ms. Farrell extended her appreciation to Mr. Sandy Minkoff, County Attorney, and his staff for all of their time and effort that was spent working with Mr. Dale Greiner, Building Services Director, and making these changes over the last couple of months. At this time, Ms. Farrell explained changes that have been made to Chapter 6.
Mr. Sandy Minkoff, County Attorney, stated that the proposed ordinance changes the composition of the Board of Building Examiners to increase the number of lay people on the Board to three. This was a requirement that the Legislature put into effect last year, and the Board only has two at this time. Mr. Minkoff explained that, in order to resolve this problem, one of the current contractor members has submitted a resignation letter, which leaves a vacancy on the Board. He asked the Board, between now and the next meeting, to come up with a consumer, or a lay person, to be appointed to this Board, so they can be there by the beginning of next month. Mr. Minkoff explained that there is not enough time to advertise for the vacancy.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request to advertise the amendment to the Lake County Code, Chapter 6, Building Codes and Construction.
CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, was present to explain the Special Master Settlement Agreement to provide the sale of vehicles in the Dona Vista/Highway 19 community.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Special Master Settlement Agreement, as stated above.
Ms. Lourdes Ramos, Human Resources Director, addressed the Board to discuss the Classification and Compensation Plan.
Commr. Cadwell stated that he hopes the Board understands today that it will approve the Compensation Study in concept, with the understanding that, during the budget process, it will have to make some hard decisions.
Ms. Lourdes stated that Mr. Charles Hendricks, President of Hendricks & Associates, Inc. was here and would be making the presentation. She stated that he has been working for the Board and the Clerk's Office in a joint study, so that there will be a unified plan between the two offices, and the Tax Collector's Office is interested in being a part of the pay plan as well. She stated that they have gotten a good response from a number of the Constitutional Officers.
Mr. Hendricks addressed the Board to discuss the Compensation Study. He noted that there were five chapters and Chapter II deals with how they designed a grade structure to ensure internal equity both within the Board of County Commissioners and the Clerk, and a cross between both organizations. He stated that Chapter III deals with the survey that was done to ensure external competitiveness; Chapter IV deals with options for administering and maintaining the plan; and Chapter V deals with costs. He handed out an Exhibit consisting of seven pages, which contained the Grade Assignments for the Board of County Commissioners. He noted that there is also a set of titles to the same grades within the Clerk's Office. Mr. Hendricks reviewed the study approach that was done, as indicated on Pages 1 and 2 noting that survey questionnaires, which included descriptions of benchmark classes, were sent to outside organizations to obtain salary information including the School Board and Florida Hospital Waterman. Competitive salary trend lines were developed following statistical analysis of the survey data obtained. He stated that they were recommending the midpoints of the ranges (Page 12 - Exhibit 5) for the County. He stated that they will be asking the Board to approve, in principle, the chart, as noted. He discussed the Performance Evaluation Plan (Page 14) and noted that the Board may not be able to fund the Plan at the same level every year, and this allows the Board to fund it at varying levels depending upon how much it can afford. The immediate costs to implement the new pay ranges would be to bring about 125 individuals whose salaries are below minimum up to minimum, which would be about 1.5% of the payroll and about $200,000, but that would not make the County competitive. A more realistic cost is about 5.5% of the midpoint salary rates, and this is consistent to what they found in the Clerk's Office. He recommended that the Board adopt the study in principle, and it can decide later how much it can afford to spend.
Commr. Cadwell stated that, in concept, he feels this is a fair, equitable, long-term way to handle the salary structure in the County.
Ms. Sue Whittle, County Manager, noted that the 5.5% cost would be about $600,000, and that would be spread over all of the funds. Ms. Whittle noted that the Board has done about 4.5% total for each of the last four or five years, and incrementally, it would not be a huge hit.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved to accept the Classification and Compensation Plan, with the recommendations as stated.
ACCOUNTS ALLOWED/GRANTS/PUBLIC WORKS.
Mr. Jim Stivender, Senior Director of Public Works, was present to discuss the request regarding the Transportation Disadvantaged Planning Grant Application.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved and authorized the Chairman's signature on the Transportation Disadvantaged Planning Grant Application FY 2000/2001, in the amount of $19,842.00, and the adoption of supporting Resolution 2000-55.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/PUBLIC WORKS
Mr. Jim Stivender, Senior Director of Public Works, was present to discuss the request for staff to be more involved with the acquisition of the South Lake Recreational Trail. Mr. Stivender stated that this gets all of the other agencies in line, so they can do this and get reimbursed for those purchases.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and authorization for the Chairman's signature on the Multi-Party Acquisition Agreement between Lake County and the Florida Department of Environmental Protection (DEP), the Office of Greenways and Trails (OGT) and the Division of State Lands (DSL) for the Apopka-Mabel West Greenways and Trails (South Lake Recreational Trail) Project to secure funding for right-of-way acquisition costs relating to the South Lake Recreational Trail.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following appointments of individuals to vacant positions on the Board of Adjustments:
District 1 - Barbara Ward Newman
District 2 - Raymond Freisinger
District 4 - Barbara Frankito
At-Large - Ruth Gray
District 5 - Mary Link Bennett
It was noted that Commr. Swartz will come back with the name of an individual from District 3 at the next Board meeting.
REPORTS - COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the request for approval to release property from Code Enforcement Board liens on certain real property located in Royal Trails owned by Marshall Gaard. Mr. Minkoff informed the Board that staff has talked with the first mortgage holder, and he has agreed to allow the County to receive $10,000 from the proceeds of the sale, if the County will partially release the property.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request, as stated above.
CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney, was present to answer questions of the Board regarding the Special Master Agreement with the Cannons.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of a Special Master Agreement between Lake County, Michael D. Cannon and Norma R. Cannon, owners and C. Welborn Daniel as Special Master in Case No. SM-13-99.
ACCOUNTS ALLOWED/SURPLUS PROPERTY
Mr. Sandy Minkoff, County Attorney, stated that the County foreclosed on a Code Enforcement lien and obtained title on some property in Altoona. One of the adjacent property owners has indicated that he would like to buy the property and would agree to bring it into compliance. Under the Statutes, the County will have to notify all of the adjacent property owners, and staff is recommending that the County accept their offer, in the amount of $3,000.00, assuming that no one offers more than this for the property.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request that the property located in the Ocala Forest Campsites be declared as surplus, in the amount of $3,000.00.
COUNTY ATTORNEY/CODE ENFORCEMENT/REPORTS
Mr. Sandy Minkoff, County Attorney, stated that, in December, the Board had asked the County Attorney's Office to review the noise issue at Dead River Vic's. Mr. Minkoff stated that he, as well as members from Code Enforcement, have visited the site, and the neighbor's property, several times on different days of the week and different times of the day. He stated that there have been times when the noise has been clearly excessive rising to the level of perhaps a nuisance. There have been four citations issued by the City of Tavares on the property, with two of them being issued during the last week and a half. Mr. Minkoff stated that yesterday one of the owners, and the attorney for Vic's, indicated to him that he could not be here today, and he also indicated that they have hired an architect and a sound person to try and come up with plans to put a cover on top of the deck and some kind of curtain around it to try and stop the noise. He stated that, during this process, he and Commr. Cadwell met with them, and the City representatives, to try and figure a way that they could eliminate the noise. Mr. Minkoff stated that there were two issues, one, does the conduct of the restaurant and bar constitute a nuisance, and secondly, if it is a nuisance, should the County, or should the property owners, take action to try and get it stopped. He noted that a plea agreement is in the process of being entered for the first two citations where they are paying $50 fines, and the second two have not been disposed of yet. The City ordinance has an escalating fine where the first couple of offenses are $50 and then it rises to $250 per violation.
Commr. Cadwell stated that he wants the County to hurry and get some type of resolution to this issue. He stated that, through this process, it has not gotten any better, and he would like the opportunity, one more time, to meet with the City and the owners and get a firm deadline on whatever it is they think they can do to make it better and bring that back to the Board, before it takes the next step, and to give them a deadline of when that can be done, and then report back to the Board.
Commr. Swartz stated that, in conjunction with the suggestion being made by Commr. Cadwell, the Board can have staff move forward to retain the noise expert that Mr. Minkoff says that he believes the Board needs, in order to be prepared in case the County does not accomplish what it wants to accomplish, and so the Board can at least decide whether or not it wants to go forward with litigation. He feels it is important that the County do more in this instance, than in instances where this can be compared to what it has done in the past, because the origination of this issue is because of an approval by the County, and it is more incumbent upon the Board to try and resolve it. He stated that the fastest resolution may come from what the Chairman is trying to do, but he thinks the Board needs to be prepared to deal with it, from another perspective, if he is not successful.
Commr. Swartz made a motion, which was seconded by Commr. Pool, for the Chairman to meet one more time with the City and the owners of Dead River Vic's regarding the noise issue, to get a firm deadline on whatever it is they think they can do to make it better and bring that back to the Board before the County takes the next step, in conjunction with having staff come back with a proposed contract and a cost to retain the noise expert.
Mr. Don Harrison addressed the Board and stated that he lives across from Dead River Vic's and he cannot sleep at night, because of the noise, and it needs to stop now. He stated that they attended their association meeting and said they put something up within two weeks. It has been a year and a half now, and they still do not have anything that will eliminate the noise.
Commr. Swartz explained that, if the Board passes the motion, it will take the County one step closer to being able to make a decision to go into court on this issue, and he feels this is consistent with what Mr. Harrison is wanting.
Commr. Cadwell directed that this issue be brought back to the Board at the first meeting in May.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
ADDENDUM NO. 1
REPORTS - COUNTY MANAGER
Ms. Sue Whittle, County Manager, informed the Board that she was contacted by the East Central Florida Regional Planning Council and was told that they are applying for an Environmental Education Project Grant, and their thought was to establish partnerships with Lake County, the Homebuilders' Association, the Water Authority, and the Department of Environmental Protection (DEP), and to develop a guide book that would be given to all new water front property owners that would suggest ways that they could protect the quality of water in the lakes. The application had to be in Tallahassee today, so the County did sign the Cooperating Organization Authorization Form, which required no funding from Lake County.
REPORTS - COMMISSIONER GERBER - DISTRICT #1
Commr. Gerber stated that she would like to bring forward House Bill 167 for discussion.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to place House Bill 167 on the agenda for discussion.
Commr. Gerber stated that her main objection to House Bill 167 is that it takes away any permit requirements from the Department of Environmental Protection (DEP).
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved for the Chairman to send a letter to the County's legislative delegation regarding House Bill 167 with language that states objection to any dilution to the current Bill.
REPORTS - COMMISSIONER POOL - DISTRICT #2
PUBLIC HEARINGS/WATER RESOURCES
Commr. Pool clarified that, in regard to the public hearing that was held on the shoreline protection ordinance, he asked for an opinion from the County Attorney's Office, they rendered an opinion, then they contacted the State Ethics Commission, and Mr. Chris Anderson rendered another opinion, which backed up the opinion that he should not vote, because of the disproportionate fair share of land that he and his family members own. He stated that, because of the Lake Sentinel's insinuations that he is not going to make the right decisions, for this reason, he is publicly canceling his subscription to the Orlando Sentinel.
REPORTS - COMMISSIONER SWARTZ - DISTRICT #3
Commr. Swartz stated that it was his understanding that there is legislation occurring right now that will further reduce, or eliminate, the County's ability to regulate billboards and signage. He would like to put this on the agenda, so the Board can consider it today.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to place the item regarding legislation regulating billboards and signage on the agenda for discussion.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved for the Chairman to direct a letter to the County's legislative delegation opposing an elimination, or reduction, of the County's home rule powers to deal with issues of signage and billboards, not only along State and Federally funded roads, but including County roads
Commr. Swartz stated that the Chairman may need to send a follow-up letter to Senator Cowin, in regard to the Board's position on the Rodman Dam, for clarification.
COMPREHENSIVE PLAN/WATER RESSOURCES
Commr. Swartz discussed the issue of open space and stated that one of the effects of what the Board's policy has been for many years regarding open space and the requirement of open space in PUDs, but not requiring open space in straight zoning, has been compounded without even realizing it. He stated that, with the old requirement, even though you did not have an open space requirement, it at least required certain size lots, but now, on new developments, that is not required. He felt that the whole concept was to encourage clustering, and clustering is good when open space is retained. Commr. Swartz stated that he would like to ask staff to research this issue, and the consequences of not requiring open space, because of the conflict between the LDRs and the Comprehensive Plan, and to bring to the Board a recommendation, or at least an outline of these issues.
Ms. Sharon Farrell, Senior Director of Growth Management, stated that there is a recent case involving such an issue, and staff is asking them to re-submit and designate the open space, even though the LDRs are not real clear on how to do that.
Commr. Swartz stated that, when the County took away the front footage requirement on a maintained street, it allowed the density to all be placed on approximately one half of the property, with no requirement for dedication of open space. He stated that, at some point, he feels staff would like to have some clarification on an issue where there seems to be some conflict between the LDRs and the Comprehensive Plan. He would like the Board to ask staff to address this issue, and to bring it back at the first meeting in May. He was not asking the Board for any action today.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
Commr. Hanson addressed the issue of small area studies and stated that the Board had approved one for the Mount Plymouth/Sorrento area, and it had already approved one for Montverde, as well as the funding for it. She was concerned that staff was not moving forward as rapidly as they should be because it had been a little over a year since the Board approved them.
Ms. Sharon Farrell, Senior Director of Growth Management, stated that, when the County had the opportunity to partner with the Montverde project, at their expense, because $100,000 had been presented from an outside source to pay for the small area study, they were excited about it, because it will be the first study to be funded by something other than the General Fund. She stated that staff is moving forward with this project, and they will be kicking off their community meetings over spring break with the Montverde community, and unfortunately, this did slow down the process for the other studies that were budgeted. She clarified that Montverde was not one of the planned studies, but it turned out to be a great opportunity for the County. She stated that staff hopes to move quickly and start the Mount Plymouth study, once they get towards the end of the study for Montverde.. Staff has scheduled dates in June and August for workshops, based on the information of the community, and the information that has been put together by the consultant.
Commr. Hanson questioned why staff cannot go ahead and start on Mount Plymouth, because there are people in this community that are willing to kick in the dollars much like Montverde, and they are ready to go, once they know what the County wants in the study. She would rather see staff move simultaneously rather than waiting until one ends.
Ms. Farrell stated that staff would also like to work in this direction, but their problem is staffing and monitoring the project and working with the consultants with the current staff. She noted that staff has been contacted by people expressing their interest in participating in the study in the Mount Plymouth area.
Comm Hanson asked that staff do whatever they can to speed up the process with these studies.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the execution of three Resolutions recognizing Freda Crosby (Resolution 2000-47), Helen Elleck (Resolution 2000-48) and Midge Rast (Resolution 2000-49) as distinguished Women of the 20th Century.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Resolution 2000-50 declaring April 25, 2000 as Gordon G. Oldham Day in Lake County and dedicating a tree and bench in his memory along the Memorial Walkway.
FOR YOUR INFORMATION/STATE AGENCIES/GROWTH MANAGEMENT
Ms. Sue Whittle, County Manager, informed the Board that the County received a nice letter from the Department of Community Affairs (DCA) advising the County that they had completed their review of the County's Evaluation and Appraisal Report (EAR), and it was found sufficient. She stated that staff, and all of the citizens who spent time on it, should be congratulated, because it is real unusual for the finding of sufficiency to be on first review.
At 12 noon, the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m. for the Mock Board Meeting with the students.
STUDENT GOVERNMENT DAY
At 1:30 p.m., the students that were selected from the surrounding County schools to participate in Student Government Day took part in a Mock Board Meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:45 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK