A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
The Lake County Board of County Commissioners met in regular session on Tuesday, May 16, 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; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Cadwell noted that there was one addendum to the agenda today.
Mr. Sandy Minkoff, County Attorney, stated that he has two items to add to the agenda. He stated that there is currently an agreement with Fruitland Park to postpone any litigation regarding an annexation, and he has an extension agreement for the Board to extend it for another 60 days. Mr. Minkoff stated that he would also like to add a discussion about the noise issue at Dead River Vic's and the consultant that staff has found at the University of Florida.
Commr. Cadwell stated that he needs to add the Proclamation regarding civility to his business, and it will require a vote of the Board.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to place the Proclamation on the agenda.
Under discussion, Mr. Minkoff noted that his two items would be requiring a vote of the Board.
Commr. Pool amended his motion to include the two items stated above by Mr. Minkoff, and Commr. Hanson amended her second to the motion.
The Chairman called for a vote on the motion, as amended, which was carried unanimously by a 5-0 vote, to place the three items on the agenda for Board action.
Commr. Hanson stated that she has a couple of items that she will be bringing up during her reports, and if they need a vote by the Board, she will make a motion to place them on the agenda at that time.
MINUTES
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 18, 2000, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the following:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Utilities
Notice Before the Florida Public Service Commission of Need Determination Hearing and Prehearing Conference on Proposed Electrical Power Plant to Panda Midway Power Partners, L.P.; Department of Community Affairs; Department of Environmental Protection; Electric and Gas Utilities and All Interested Persons; In Re: Docket No. 000289-EU - Petition For Determination of Need for an Electrical Power Plant in St. Lucie County by Panda Midway Power Partners, L.P. Notice is hereby given that a public hearing will be held on July 12, 13 and 14, 2000, at 9:30 a.m., Commission Hearing Room 148; and a prehearing conference will be held on June 14, 2000, at 9:30 a.m., Commission Hearing Room 152, Betty Easley Conference Center, Tallahassee, Florida.
Notice Before the Florida Public Service Commission of Need Determination Hearing and Prehearing Conference on Proposed Electrical Power Plant to PandaLeesburg Power Partners, L.P.; Department of Community Affairs; Department of Environmental Protection; Electric and Gas Utilities and All Interested Persons; In Re: Docket No. 000288-EU - Petition For Determination of Need for an Electrical Power Plant in Lake County by Panda Leesburg Power Partners, L.P. Notice is hereby given that a public hearing will be held on July 12, 13 and 14, 2000, at 9:30 a.m., Commission Hearing Room 148; and a prehearing conference will be held on June 14, 2000, at 9:30 a.m., Commission Hearing Room 152, Betty Easley Conference Center, Tallahassee, Florida.
Utilities
Legal Notice from Utility Company of Application For Amendment of Certificates 534-W and 465-S to Add Additional Territory. Notice is hereby given on April 7, 2000, pursuant to Section 367.045, Florida Statutes, of the application for Amendment of Certificates 534-W and 465-S by Lake Groves Utilities, Inc. to provide water and wastewater utility services to the following described territory in Lake County, Florida: A portion of Section 23, Township 24 South, Range 26 East, Lake County, Florida being more particularly described as Parcel A, Parcel B, and Parcel C.
Municipalities/Ordinances
City of Mount Dora Ordinance No. 763 pertaining to Land Development Regulations; Creating a new Section 6.10 Pertaining to Aquatic Vegetation; Prohibiting Aquatic Vegetation Removal; Providing for Exceptions; Providing for Severability; Providing for an Effective Date. Passed and Ordained by the City Council of the City of Mount Dora, Florida on the 18th day of April, 2000.
Utilities
Notice Before the Florida Public Service Commission; In Re: Application for transfer of majority organizational control of Raintree Utilities, Inc., holder of Certificate No. 539-W in Lake County, from Don Monn to Keith J. Shamrock, and correction of territory description; Docket No. 000149-WU; Order Granting Transfer of Majority Organization Control and Correcting Territory Description.
Audits/Water Resources/State Agencies
State of Florida Auditor General's Report No. 13640, an operational audit made of the Acquisition and Disposition of Equipment Related to the Lake Apopka Restoration by the St. Johns River Water Management District and the Florida Department of Management Services, for the period July 1, 1996 to March 31, 1999, and selected actions taken through June 30, 1999.
County Property
List of items to be deleted from Fixed Assets for the month of May, 2000, in the amount of $84,316.27.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that she would like to revise Tab 3, with the correct job title being Extension Agent I, and staff would like to pull Tab 11 pertaining to the funding to repair the fire safety sprinkler systems in the Judicial Center and the Detention Center, and it will be rescheduled at a later date.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following requests, Tabs 3 through 18, pulling Tab 11 and correcting Tab 3, and including Addendum No. 1, I. A. 1.:
Agriculture Education Services
Request for approval of employment of Leslie J. Wilber as Extension Agent I, Commercial Horticulture.
Accounts Allowed/Grants/Sheriff's Department
Request for approval of Byrne Anti-Drug Grant applications for the Sheriff for S.T.A.R.II, A.C.E.R.II, and School Resource Officer II, cash match as required by the grant, in the amount of $23,860.00, and signature on grant documents including EEO certifications (contingent upon County Attorney review and approval), and signature on seven original letters of support to accompany each grant application.
Housing Assistance Program/Impact Fees/Community Services
Request to approve waiver of impact fees for participants in the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP), and approve payment of these fees from the Impact Fee Trust Fund interest.
Emergency Services
Memorandum of Understanding with Florida Regional Emergency Medical Services for Paramedic Provisional.
Contracts, Leases & Agreements/Municipalities/Emergency Services
Request for approval of Interlocal Agreement with the Town of Montverde related to Emergency Services for reciprocal joint response or automatic aid utilizing the units nearest to the incident.
Contracts, Leases & Agreements/School Board/Emergency Services
Request for approval of Agreement with the Lake County School Board for the provision of a Training Office Clerk position renewing an existing agreement.
Contracts, Leases & Agreements/Municipalities/Taxes/Facilities & Capital Improvements
Request for approval for the Chairman to execute a second amendment, to provide an extension to the Agreement through September 30, 2000, between Lake County and the City of Leesburg, Florida relating to Contribution of Infrastructure Sales Tax Funds for Community Recreational Facilities for FY 98/99.
Accounts Allowed/SJRWMD/Water Authority/Facilities & Capital Improvements
Request for approval for funding of up to $4,000.00 as a cooperative effort between St. Johns River Water Management District, Lake County Water Authority and the Board of County Commissioners for a Boat Ramp Access Enhancement Proposal for Areas 6 and 7 of the Emeralda Marsh Conservation Area to build a boat ramp at an existing location.
Accounts Allowed/Budget Transfers/E911
Request for approval of budget transfer in the amount of $25,000.00 from Contingency - Emergency 911 to Emergency 911, Communications Systems, Communications. Money is required for EML router upgrade due to memory crash of E911 call router.
Accounts Allowed/Budget Transfers/Insurance
Request for approval of budget transfer in the amount of $270,000.00 from Insurance Payment to Employee Group Benefits, Fiscal and Administrative Services, Administrative Fees. The dollars for payment of administrative fees associated with the health insurance were budgeted under object code 456 (medical and pharmacy payments). The dollars for the payment of administrative fees should have been budgeted in object code 561 (administrative fees). This transfer will move the money to the correct object code.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies/Municipalities
Request for authorization of change order to Hartman & Associates, Inc. to increase the scope of service and encumber an additional $64,090.00 to supply additional information to the Florida Department of Environmental Protection (FDEP) relative to the Astatula refueling facility LCAR, preparation of the remediation costs, assistance with the preparation of the financial agreement and miscellaneous works that is required.
Contracts, Leases & Agreements/Risk Management
Request for approval of the contract with LRMC Wellness Center and authorize the chairperson to sign the contract subject to the County Attorney's review and approval.
Accounts Allowed/Water Authority/Public Works
Request for approval to apply for grant funding, in the amount of $1,000,000.00 for Fiscal Year 2000, available for stormwater treatment through the Lake County Water Authority for retrofitting discharges into Lake Griffin.
Accounts Allowed/Bonds/Subdivisions
Request for approval and authorization to release a maintenance bond in the amount of $20,531.13 that was posted for Woodridge Phase 1-B subdivision.
Contracts, Leases & Agreements/Roads-County & State/Municipalities
Request for approval of an Agreement between Lake County and the City of Tavares transferring Milwaukee Avenue C.R. 3-3844, Green Bay Drive C.R. 3-3744A, Wausaukee Drive C.R. 3-3744B and Lake Dora Circle C.R. 3-3844 to the jurisdiction of the City of Tavares.
Road Vacations/Subdivisions
Request for approval to advertise Road Vacation Petition No. 928 by Joyce E. Prakke to vacate streets recorded in the Plat of Amberhill - Commission District 2.
ADDENDUM NO. 1 - COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Contracts, Leases & Agreement/Libraries
Request for approval to purchase furniture on State Contract through Library Interiors of Florida, Inc. for the Lake County Library System, Four Corners/Citrus Ridge area branch library, in the amount of $76,751.75.
PUBLIC HEARINGS
ORDINANCES/GROWTH MANAGEMENT
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2000-26, if approved by the Board:
An Ordinance of the board of County Commissioners of Lake County, Florida, Amending the Lake County Code, Appendix E, Land Development Regulations; Providing for the Amendment of Chapter III Regarding the Use of Licensed Mobile Home Installers; Providing for Regulation of Used Mobile Homes, Providing for Inclusion in the Lake County Code; Providing for Severability; and Providing for an Effective Date.
Ms. Sharon Farrell, Senior Director of Growth Management, briefly explained the ordinance.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being done, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance 2000-26, as read by title only.
ORDINANCES/GROWTH MANAGEMENT
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2000-27, if approved by the Board:
An Ordinance of the Board of County Commissioners of Lake County, Florida, Regarding the Enforcement and Disciplinary Procedures Relating to Licensed and Unlicensed Contractors; Providing for Amendments to Chapter 6 of the lake county Code ("Code"), Buildings and Construction, in Order to Provide Consistency with Florida Statutes, to Adopt the Most Recent Building and construction Technical Codes Excluding/Exempting Certain Sections/Appendixes Thereof, to Adopt More Stringent Requirements Then Those Requirements Set Forth in the Adopted Building and Construction Technical Codes, and to Adopt the Standard Housing Code; Amending Code Section 6-21, Adoption; Amending Code Section 6-47, Members; Amending Code Section 6-48, Officers and Rules of Procedure; Amending Code Section 6-51, Licensed Individuals and Firms; Amending Code Section 6-52, Disciplinary Actions; Amending Code Section 6-53, Appeals; Amending Code Section 6-72, Exemptions; Amending Code Section 6-95, Classification, Examinations, Etc.; Amending Code Section 6-97, Inactive Local Licenses or Local Registrations; Amending Code Section 6-99, Business Organizations; Qualifying Agents; Amending Code Section 6-102, Continuing Education; Amending Code Section 6-108, Definitions; Providing for Severability; Providing for Inclusion in the Lake County Code; and Providing for an Effective Date.
The Chairman opened the public hearing portion of the meeting and called for public comment.
Ms. Jean Kaminski, Executive Director of the Homebuilders' Association of Lake County, addressed the Board and stated that there was concern about sleeping rooms and bedrooms, as referred to on Page 2 of the proposed Ordinance. Ms. Kaminski stated that Mr. Bing Hacker from Lennar Homes was here to discuss this particular concern.
Mr. Bing Hacker, Division President for Lennar Homes in Clermont, addressed the Board to discuss the issue of sleeping room or bedroom, as pointed out by Ms. Kaminski. Mr. Hacker explained that they did a great deal of research when they began Kings Ridge and the Legends communities in Clermont. They found that, particularly in the retirement market, when someone is looking at three bedrooms, they are truly looking at the third bedroom as a den, as an office, as a study, as a hobby room, and as a variety of things. So they would take their plans and establish the room as a study, or as a den, and utilize the square footage elsewhere in the home to make the living space more accommodating. They found that people are buying three or four bedroom homes, because they are still looking for the other room to be somewhat of an office. Mr. Hacker explained that they charge for the option, in accordance with their costs, and includes the impact fees. He stated that, when he talked to one of the County's building officials, he indicated that he was not concerned with impact fees, but he was primarily concerned with life safety and smoke detectors. Mr. Hacker stated that they put smoke detectors inside and outside of every bedroom, and in the permitting process, if they determine this to be a bedroom, and it is the option chosen by the customer, they certainly install that device and pay the impact fees. Mr. Hacker stated that he is concerned that this issue is going to be used as an arbitrary ability to tack on impact fees based on livable rooms and not necessarily bedrooms. Mr. Hacker reviewed three floor plans, which were options available to his customers. He stated that, if the building official classifies the area as a bedroom and requires a smoke detector to be placed inside and outside of the room, he would not have any objection, but he did have an objection to it being used to establish the impact fees, when there is only one or two people living in the home, and he feels that increasing the school and road impact fees in these situations is inappropriate. Mr. Hacker noted that Kings Ridge is an active adult community with a 55 age limit requirement; Legends is not an age restricted community, even though they anticipate 50% of them being true retirees.
Commr. Gerber explained that the Board's concern is not necessarily who they are building the house for today, but the capacity of that house to hold extra people in the future, when it is sold.
Commr. Pool stated that, forgetting about the number of bedrooms, certain jurisdictions charge per dwelling unit, and others base it on a square footage figure, and Lake County bases it on the number of bedrooms. He believes that Orange County charges $2,800 per dwelling unit.
Mr. Sandy Minkoff, County Attorney, stated that this item was not really generated as an impact fee issue, because the Board has already given staff direction to move toward the square footage, or per dwelling rate, and it is mainly school impact fees that are involved. Mr. Minkoff explained that there is an appeal process, and the building official does not make arbitrary decisions, but works with the builders, and if it is not a bedroom, it will not be classified as a bedroom. He explained that issues other than impact fees and smoke detectors are important, and they would include ingress and egress windows, which are required in sleeping rooms under the Code. Mr. Minkoff explained that, if the building official gets a plan and it says it is not a bedroom, even though it obviously is one, he has no latitude whatsoever to argue with the person who submitted the plans. He stated that they are seeing people automatically creating the third bedroom as a den, and it does eliminate the smoke detector, the ingress/egress window requirement, and the small impact fee issue, which is going to go away and be reduced further by legislative action this year.
Mr. Hacker stated that he feels the Ordinance does contain fair factors to make the necessary determination, and if it is left to the discretion of the Building Department to make that determination, and they are fair in their applications, then he does not have a problem. He was concerned that it would become a vehicle that would allow for somewhat of a wholesale application where almost everything they build would be classified as a bedroom, with impact fees being collected on bedrooms at that time.
Commr. Swartz stated that, in all three examples given by Mr. Hacker, the rooms can be easily changed to a bedroom, with the whole issue of impact fees being to access an impact either for roads or schools, to cover the costs, and if they can be, then they ought to be assessed. He stated that the life safety issues need to be addressed, and the impact fees need to be collected, even though the initial owner may not have any intention of using it for a bedroom, because the next owner could decide to use as one. Commr. Swartz stated that he thinks this makes good sense and allows the building officials to look at a variety of different issues and determine whether or not it has the ability, with minor changes, to be a bedroom, and if it does, then the impact fee ought to be collected.
Commr. Pool stated that the schools are woefully short of money, and during his campaign, he mentioned that he was concerned that the County has many three bedroom opportunities that were only being charged for two. He stated that, at some point, someone could use it as a bedroom, and that is why the impact fee should be collected as it is built. He explained that it is important that the County get these funds for the School Board, because they are not for the County.
The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.
Ms. Sharon Farrell, Senior Director of Growth Management, explained that it incorporates, in the Code, the actual licensing of those people as sub-contractors.
Commr. Hanson questioned the status of modifying the method of collection for impact fees and whether the County is looking at changing to the square footage.
Mr. Minkoff stated that staff is working on the RFP for the transportation, and they have already gotten direction from the Board to change that method. He noted that they were waiting on the schools, until they could see what the legislature did this year.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Ordinance 2000-27, as read by title only.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/PROBATION/COMMUNITY SERVICES
Mr. Fletcher Smith, Senior Director of Community Services, was present to answer questions of the Board regarding the request.
On a motion by Commr. Pool, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Lease Agreement between Lake County and Moore Holding Corporation to extend the lease for the Lake County Probation Office located at 2753 West Old Highway 442, Mt. Dora, in the amount of $8,004.00.
CITIZEN QUESTION AND COMMENT PERIOD
COMMITTEES/WATER RESOURCES/ORDINANCES
Mr. George Hovis, Attorney in Clermont, addressed the Board and stated that he reviewed the video of the last Board meeting on the shoreline ordinance, and he came to the conclusion that most of the people that were present in opposition to that ordinance were supporters of the lakes. He stated that he has had experience working with controversial subjects, such as the high school consolidation between Groveland and Clermont, and the issue with the School Board regarding sex education, and the results of both of these committees turned out to be positive for all parties involved. Mr. Hovis stated that he felt that this could be done with the County's concerns of the lakes. He stated that he would like to see if the County can put together a committee, at no expense to the County, and to get a balance of the people that are really pushing for some type of an ordinance to serve on that committee. He stated that he believes the committee should go beyond a simple ordinance about the lakefront portion that has been presented. Mr. Hovis stated that he did not believe the committee necessarily needed to be under the Board, and, in fact, it might be better if it was not under the Board. He stated that he was asked to be somewhat of a mediator, and he would prefer to get it started and be a member, or a mediator member, and have a consolidation of the opponents and proponents and have a chairman and a co-chairman. Mr. Hovis stated that he did not like seeing the County get into a confrontational state over something that is so very important, and he feels that the lakes are the County's biggest asset. He stated that he would like to speak further on the issue, when the Board comes to that item on the agenda.
Mr. Steve Judson, Mount Dora, addressed the Board and stated that he has a counter point to the comments made by Mr. Hovis. Mr. Judson stated that he likes the idea of Mr. Hovis being a moderator, and the idea of a citizens committee, and he does feel that the County's citizenry has focused on a small issue, namely the shoreline ordinance, at a time when there is a larger issue. He stated that the Clermont Chain-of-Lakes is missing a lot of water, and there has also been criticism of how the St. Johns River Water Management District (SJRWMD) has handled the Emeralda Marsh on Lake Griffin. There are also concerns about how the Lake Apopka marsh situation is going. Mr. Judson stated that he hopes that, if any committee is formed, it would deal with the water issues that are facing the County in its totality, and he hopes there will be some discussion of priorities.
Mr. Hal Turville, Mayor of Clermont, addressed the Board and stated that they all need to be careful as they move forward not to simply couch the shoreline protection ordinance, which might not be properly described, but perhaps should be described as a surface water protection ordinance. He noted that the property rights debate was the focus at the last set of hearings, and the site of the target was lost, which was resource protection. He stated that, as far as water quantity, there is a problem in South Lake County. Mr. Turville stated that, if a property owner is allowed to change the bottom contour in front of his property, as well as strip away all of the vegetation, it is not nearly as big a job when the water is low, but the vegetation will be lost even when it is high. He stated that these are issues that are certainly current, and the priority set by that committee would be the committee's priority, as it relates to resource protection. Mr. Turville stated that he would certainly encourage the Board to endorse an arrangement like that, and it would be helpful if there was staff representation on such a committee, because what we have is an educational situation, which is at the forefront.
GROWTH MANAGEMENT/ZONING
Ms. Sharon Farrell, Senior Director of Growth Management, was present to explain the request for the voluntary revocation.
At 9:39 a.m., it was noted that Commr. Gerber had left the meeting room.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the voluntary revocation of CUP#95/6/4-3 for sludge spreading by Shelly's Septic Tanks.
Commr. Gerber was not present for the vote.
CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director of Growth Management, explained that this request involves an old historical roadside fruit stand where they have had a RV there on a seasonal basis over the years. Staff cited them this year for having a RV in an area that is not allowed by the Code. She stated that they went to a Special Master and agreed to allow it on the property from October through April, which is basically the season, for a temporary housing for security.
Commr. Swartz questioned why the County would approve a Settlement Agreement for something that it does not allow anywhere else.
At 9:41 a.m., it was noted that Commr. Gerber had returned to the meeting room.
Ms. Farrell explained that the whole purpose of the Settlement Agreement process is to take Code issues, or land use issues, and come to some resolution.
Commr. Cadwell stated that, under normal circumstances for that piece of property, they would have to come in with a CUP to get a permanent mobile home on the property. He stated that this would be one of those cases where it would make more sense to allow them to do this, because it is only there temporarily, for a few months out of the year, and then it is moved, but a mobile home would sit there vacant the rest of the year.
Ms. Farrell explained that the County has allowed RVs in R-1 and agriculture, as a temporary use during construction of single family homes.
Mr. Sandy Minkoff, County Attorney, explained that there was an allegation from the petitioner in this case that they have been doing this for many years, and they were a non-conforming use, even though it was the same several months for many years before the rules came in that would have prohibited this use, and this may be what this settlement was grounded on.
Ms. Farrell explained that there will be another case coming from staff where they will be asking for a CUP for a mobile home, with the same type of use where the people are there on a seasonal basis, and they are still selling whatever is growing on the parcel, and it is zoned agriculture. She clarified that, if they wanted to put a RV on the property instead of a mobile home, staff would respond that this would be inappropriate, and they would need to get a CUP for a mobile home, or move the RV. In the case today, staff chose to go through the Special Master to provide the RV on a temporary basis.
Commr. Pool stated that he was happy to see the RV on the property only on an interim basis, and it does provide the security that they need, because they have been broken into a number of times when the unit was gone.
On a motion by Commr. Pool, seconded by Hanson and carried by a 4-1 vote, the Board approved the Special Master Settlement Agreement for Ralph Butler to provide for the use of a recreational vehicle for security reasons.
Commr. Swartz voted "no".
COMMITTEES/GROWTH MANAGEMENT
Commr. Cadwell noted that the Board has on the agenda discussion of an amendment to the Land Development Regulations (LDRs) concerning Shoreline Protection, and he questioned whether the Board wanted to discuss this issue after hearing the public comment.
Commr. Hanson stated that she has talked with Mr. George Hovis several times, and she believes his recommendation is a very constructive one, to have a committee, and it would be healthy for the County. She feels that, if the County continues the way it is going, it will continue to polarize the County, and that is not healthy. She would like the Board to wait for Mr. Hovis to put his committee together selecting the people that will be representing all sides of the issue, and it may go beyond the shoreline ordinance that the Board addressed, and to wait for the outcome of the committee. Commr. Hanson stated that she knows that staff has already started looking at some educational pamphlets, and she would like for them to continue to make the public aware of the educational programs at the Agriculture Center that they can attend now.
Commr. Pool stated that he believes the Water Authority is going to focus more on education, as far as water conservation.
Commr. Gerber stated that she was the one that had asked for this item to come forward, and all she wanted was Option 2, which was exactly what the County had with the 100 feet. She has since heard from the people that had asked to get something on the books, and they want to do this committee, so she is in agreement with letting them try the committee. She was asked to bring this issue forward, and now she is being asked to take it off the agenda.
Commr. Swartz explained that the stakeholders are not just the people who live on the lakes. He stated that it is important that the Board notes that you do not have to live on the lake to be very concerned about the lake. He stated that, contrary to what Mr. Judson stated, with the low water levels, the opportunity to do great harm to those lakes, particularly in South Lake County, is enhanced. He stated that, if there was anything that seemed to have support, other than more support for increased storm water fees, it was not to allow the mechanical harvesting. He feared that, with the water levels down, the County could see some real problems with people in the "mud flats", or whatever. He stated that the option being talked about by Commr. Gerber would still not address mechanical harvesting.
Mr. Hovis addressed the question of how long it will take for the committee to develop something for the Board and stated that, based on past history, and if they get into shoreline as a separate sub-topic, this could be moved along quite rapidly, but if they get into a complete ordinance the way it should be done, they could possibly be looking at a minimum of two years. He stated that he was totally in favor of trying to address some of the things that are emergencies right now. He noted that the people who spoke against the ordinance at the last meeting are totally in favor of a committee, and they have been contacted and are very much willing to serve on such a committee.
Commr. Swartz stated that, when the Board started out with an ordinance, it dealt not only with storm water, but with other water quality issues, and in order to bring it back to a manageable size, the Board came back and tried to address just the shoreline protection aspect of it. The County is trying, along with the Water Authority, and the SJRWMD, and others, to do other things on storm water, but they cannot forget that there are other important issues that need to be addressed, while they recognize that storm water and other issues related to water quality need to be addressed. Commr. Swartz stated that, if this committee is going to expand into all of these issues, it may never get back to the Board with something for consideration, and during this period of time, Lake County sits here relying on the Department of Environmental Protection (DEP) to enforce something that still allows mechanical harvesting and allows clearance as far waterward as they want to go, and he thinks these are detrimental to the lakes, and for this Board to be willing to sit here, when there are such gaps in that issue, it would be making a mistake. The Committee might bring some consensus to some things, but during that period of time, the County has those troubling aspects.
Mr. Hovis stated that, unless he is misreading the Board, he believes they are prepared to vote against the present proposed ordinance. He stated that he can certainly get this committee to move along rapidly to the most important points, but without public support, the Board will have nothing.
Commr. Gerber was concerned that, if Mr. Hovis and the committee do not get some sort of focus within six months, they will not be getting anywhere. She stated that, if the committee was to come back to the Board with something concrete, in six months, then maybe the Board would get a comfortable feeling about where they are headed.
Mr. Hovis felt that the committee could come back in six months with something concrete. He stated that he would like to have staff involved, as well as the entire County.
Commr. Cadwell stated that it was a great idea, but if staff is going to be helping them, then the Board is saying that it is endorsing it, and then it becomes a Sunshine committee.
Mr. Hovis stated that, to be safe, they should always be under the Sunshine Law and follow the proper procedures.
Commr. Gerber stated that she was having a problem with the Board's staff people and legal people having a part in this committee.
Commr. Hanson stated that, as a citizen group seeking information, or advise, from the County, she had no problem with it at all.
Mr. Minkoff explained that the difficulty of being under the County auspices and the Sunshine Law is not just advertising the meetings, but it means you cannot talk to each other outside the meetings, and it would make this kind of effort very difficult, so if it is a large group, it is probably better off that the County is not involved.
Mr. Hovis noted that, when they get involved with the County staff and have meetings along that line, he will consult with the County Attorney's staff.
RECESS & REASSEMBLY
At 10 a.m., the Chairman announced that the meeting would recess for ten minutes.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
ROADS-COUNTY & STATE/ROAD PROJECTS/MUNICIPALITIES
Commr. Cadwell reopened the citizen question and comment period, because it was brought to his attention that several individuals had missed the opportunity to speak to the Board.
Mr. Lawrence Yetter, Astor, addressed the Board and stated that there were about 12 or 13 people here today to discuss the condition of the roads that lead to their homes. Mr. Yetter stated that he has to drive over a mile of dirt road to get to his home in Dexter Estates, and his travel involves Alco Road and Dexter Road. He stated that he knows the County is working on black topping Alco Road, and he and the others are here today, because they are under the impression that the County will be doing this work soon. He felt that this would not be a very expensive job when you compare it to the upkeep and maintenance that the County has done on these roads over the last ten years. Mr. Yetter stated that he and the others who are present would like to know the status of this project. They are concerned about their roads and the damage being done to their cars while traveling over them.
Mr. Fred Schneider, Engineering Director, addressed the Board and explained that Alco Road and Dexter Road have moved to the top of the list of projects to be done. Mr. Schneider stated that they have about 30% to 60 % design plans, and there is an engineer under contract to do the work. Staff met with the U.S. Forest Service, and they have made comments to them about what they need from the County, so they can take it forward through their process. He noted that the County has a maintenance agreement with the Forest Service where they own the right-of-way, and the County maintains the roads. They have to work very closely with them especially on some of the environmental issues. Mr. Schneider stated that there are some concerns about the endangered species, but the County has an environmental consultant looking at all of these issues. The Forest Service had to approve the Deer Haven proposal, which took about six months. Mr. Schneider explained that he had indicated that staff could begin the pavement in 12 to 13 months, as far as design and engineering, but he did not have an answer on the funding source. He noted that they could be done with the engineering in six to nine months, and with the permits, and be ready to go, but it is just a matter of determining the funding source.
Mr. Gerd Wehner addressed the Board and stated that he has had a house in Astor for ten years, and the road has been bad for ten years, and every week, someone from the road department comes out there and scrapes it. Mr. Wehner felt that, if the County took all of the money it has put toward paving that road, they could have black topped it by now. He realizes that the road is now in the design process, which takes approximately nine months, but there is also the need for funding. He felt that the Board needed to move ahead and allow for the funding, so that the design process and the funding process could run parallel with each other.
Commr. Hanson stated that the Board will have to discuss how to fund this particular project in next years budget.
GROWTH MANAGEMENT/COMMITTEES/ORDINANCES/WATER RESOURCES
Ms. Nancy Fullerton, resident of Clermont and President of the Save Our Lakes Committee, addressed the Board and stated that they are totally in favor of the committee being proposed by Mr. George Hovis, but for today, after listening to the presentation, and after seeing what staff presented, she was going to ask one more time that, while giving this committee Board approval, the Board do something to give this committee time to do the best job that it can do. Ms. Fullerton stated that the Board was well aware of the situation of the lakes, so they are asking the Board to again consider an emergency ordinance, which may just address the mechanical harvesting part, but she feels the Board wants an ordinance, because it has worked toward one for seven months. She sincerely asked that the Board help this committee and not to just hand the issue over to it. Ms. Fullerton stated that, from the discussion previously, it is within the Board's jurisdiction to do that.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
Commr. Cadwell noted that Tab 25 involves a request for approval of an Agreement between Lake County and the Orlando Orange County Expressway Authority and questioned why the Board would be taking action on this item, before their presentation this afternoon.
Mr. Sandy Minkoff, County Attorney, explained that, if the Board does not want to have the agreement with them, then there would be no reason to have the presentation this afternoon. He noted that one of the provisions in the Agreement calls for the workshop this afternoon. Mr. Minkoff stated that staff had a meeting with the Orlando Orange County Expressway Authority and redrafted their draft of the Agreement, and the Agreement gives the consent of the County for them to do their studies in Lake County. It provides that, once they have completed their studies, and they are of the opinion that one or more expressways can be built into Lake County, there will be a joint meeting, and both sides, at that point, would have the ability to say yes or no.
Commr. Cadwell extended his appreciation to Mr. Minkoff and his staff for working on this issue, because this is what the Board intended, but it still gives the Expressway Authority the ability to do what they need to do preliminarily.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the Agreement between Lake County and the Orlando Orange County Expressway Authority.
Under discussion, Commr. Swartz stated that this Agreement may be what a majority of the Board wanted, but even though there is a provision in it for the County, at some point, to decide that they do not want to go forward with one of these projects, he would prefer to shake hands and leave as friends today with the Expressway Authority, because if the County is satisfied with a roadway that they have identified in the future, the Agreement allows that agency to expand and operate their system within Lake County; it gives them the authority to exercise condemnation powers, the right to locate, finance, construct, operate, and maintain roads, bridges, avenues of access, thoroughfares, and boulevards, and the right to construct and repair all of those things along with all other appurtenant and incidental powers may be required, and he does not support doing that. He stated that he would not support it, if he was here in the future when it came back, and therefore, he will not support the Agreement at this point. He fears that the Expressway Authority's purpose is to continue to have a place to create roads and collect tolls. They are running out of those places in Orange County, and therefore, the logical expansion is to the counties that surround them. He stated that he further feared that where those roads will ultimately go will simply open up further development in the more rural areas, and he would not support that as well. Commr. Swartz stated that he will vote against the motion.
Commr. Hanson stated that, for the Board not to approve it at this time, it would be locking the County into further gridlock. She stated that the County is going to have it on many of the roads, but some of these options may come up with some alternatives that may relieve some of the congestion on the current roads. She would not support change of land use where those roads may come through property. Just because the roads go through there and there is an interchange, she would not approve commercial at that interchange, or higher density residential development. She believes that the Board should move forward, because the County can always opt out at some point.
Commr. Pool stated that, as he made that motion, it is very important that they look toward the future with vision, and if they are very short-sighted today, it would not give them the opportunity for a vision. It is an opportunity to partnership with someone who has the funds and the ability to put these roads in that are necessary today. He stated that gridlock is already happening, and this is limited access roads that would allow transportation corridors to and from the metropolitan Orlando area. He would certainly approve this Agreement, because it will allow the County to take a look with the vision of the future about transportation needs.
Commr. Gerber questioned whether this Agreement will allow the Board to know the method that they are using to acquire the land.
Mr. Minkoff explained that the County has used condemnation before when acquiring right-of-way, but the Expressway Authority it going to talk to the Board this afternoon about their entire method, so Commr. Gerber may want to ask them her question this afternoon, but he would assume that they will attempt to acquire right-of-way in the least expensive way, which is usually not eminent domain, but sooner or later they will be required, with roads of this scope, to have to use eminent domain. Mr. Minkoff explained that they will come up with a corridor, and not an exact alignment, where they will propose the roadway.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote.
Commr. Swartz vote "no".
REPORTS - COUNTY ATTORNEY
ACCOUNTS ALLOWED/DEEDS/TAXES
Mr. Sandy Minkoff, County Attorney, explained that the action being requested on the application of tax deed by the County is the same action the Board has taken over the last three or four years.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the application of tax deed by the County on all parcels except homestead on property valued greater than $5,000.00 and homestead property where total taxes due are greater than $100.00. The total number of parcels is approximately 33; cost to the County will be approximately $200.00 per parcel or just under $6,800.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COURT-JUDGES/CODE ENFORCEMENT
Mr. Sandy Minkoff, County Attorney, discussed the request regarding the Settlement Agreement and Satisfaction and Release of Lien between Lake County and Antonio Barajas. Mr. Minkoff explained that the individual who owned the property was not around when staff effected service. His sister became aware of the situation and immediately cleaned up the property. He stated that Code Enforcement is recommending that the County settle the matter for $500, and he was recommending the same.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Settlement Agreement and Satisfaction and Release of Lien between Lake County vs. Antonio Barajas, CEB #46-98; Circuit Court #00-379CC, in the amount of $500.00.
COURTS-JUDGES/SUITS AFFECTING THE COUNTY/ZONING
Mr. Sandy Minkoff, County Attorney, discussed how the Board wanted to respond to the Verified Complaint concerning Gurbacki v. Lake County - Appeal of Suggs/Kuharski/Kwiatkowski PUD Rezoning Case 59-99-2. Mr. Minkoff stated that this was the first time an issue like this has come to his attention. He explained that the Board approved a PUD in this particular case, and some of the opposition has filed a Verified Complaint with the County alleging that the rezoning was contrary to the County's Comprehensive Plan. Under the Florida Statute, the County is required to get that notice, and it has 30 days to take action to reverse it, if it wishes. If the County does not take any action, then the opposition, if they wish to, can go to court and attempt to have the Board's rezoning overturned.
Commr. Pool recalled that the meeting was very informative, as far as the densities in the area, and the densities were 1.9 units per acre, which is exactly what he feels is a decent density in that location. The owner/developer wanted 90 plus units, staff said 50, and the Board settled on a compromise of 77 units. He feels that the Board should stand by their decision, and he will stand by that decision and let someone else decide if it is wrong. It was noted that his position today would be to do nothing.
Commr. Swartz stated that the issue was not whether or not there were decent densities, but whether or not it met the timeliness criteria called for in the County's Comprehensive Plan. He stated that staff had recommended approval of 50 units, but the whole basis of the staff recommendation was that it failed to meet timeliness, as indicated in their eight page report. Commr. Swartz stated that the Board would be wise to try and deal with this issue now through some of the alternatives that exist.
Commr. Pool stated that there was a lot of expert testimony the day of the hearing, and he did not see anything repeated from staff that day, as expert testimony, on the other side, and in fact, they sat there and agreed with the expert testimony, and the Board is supposed to listen to the expert witnesses.
Commr. Swartz was of the understanding that staff never changed their opinion that it did not meet timeliness.
Commr. Pool made a motion, which was seconded by Commr. Hanson, for the Board not to take any action on the Verified Complaint concerning Gurbacki v. Lake County - Appeal of Suggs/Kuharski/Kwiatkowski PUD Rezoning Case 59-99-2.
Under discussion, Commr. Gerber stated that she voted against the case initially, and she will vote against not rehearing it, because she feels that the Board should hear it again. She stated that it was not so much to her a timeliness issue as it was a compatibility issue, because there is no water or sewer there, and she felt that this was an added burden to the area, which would continue, if the Board allowed it to continue. Commr. Gerber stated that she would vote in favor of rehearing it, or against the motion not to hear it.
The Chairman called for a vote on the motion, to take no action on the Complaint, which was carried by a 3-2 vote. Commrs. Swartz and Gerber voted "no".
CONTRACTS, LEASES & AGREEMENTS/ORDINANCES
Mr. Sandy Minkoff, County Attorney, stated that, in regard to Dead River Vic's, and pursuant to the Board's instruction, staff has gone to the University of Florida and located an architectural firm, Siebein & Associates, to assist the County with the noise issue. Mr. Minkoff stated that Mr. Gary Siebein, a Professor at the University of Florida, and his associate, Mr. Martin Gold, have a tremendous amount of experience in dealing with noise, and they are the type of expertise that would help the County in this matter. Mr. Minkoff stated that additionally he followed up and talked with Mr. Steve Richey, Attorney representing Dead River Vic's, and they are planning on making some modifications to their building. He suggested to him that they should have this expert look at those modifications before they do them, to make certain they will work. Mr. Richey indicated that they would share the cost for this initial work, to have the consultant come and look at the modifications, and Mr. Minkoff wanted to make this recommendation to the Board. He noted that they charge $30 to $160 an hour depending on who is involved with the issue. He feels that initially, for $1,000 to $2,000 in costs, they could get some idea of the problems and get suggestions to fix them. He stated that, if the Board agrees with this approach, he is going to ask Mr. Siebein to attend a city attorney's meeting, as well as with planners, to talk about the noise ordinances in general.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to authorize staff to contract with Siebein & Associates, as recommended by Mr. Minkoff.
Under discussion, Commr. Swartz stated that, while he appreciates Mr. Richey and/or the parties involved with Vic's willingness to share some of the costs, he feels the County should pay all of the costs, which are fairly nominal, so that the residents do not have any reason to believe that it is not going to be a creditable review, and to ensure an unbiased review.
It was noted that this would be the Board's direction, and it did not need to be included in the motion.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, explained that Mr. Don Barfield had previously brought to the Board an annexation case in Fruitland Park. The County entered into an agreement with Fruitland Park to stay any legal proceedings. Today he would like the Board to extend that agreement for an additional 60 days. Mr. Minkoff stated that a site plan has been approved by Fruitland Park for the adjacent property, and a meeting has been scheduled next week with all of the parties to try to come to some final resolution in the matter. By giving him this approval today, it will extend any litigation time frames for an additional 60 days.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the 60 day extension, as requested by Mr. Minkoff.
COUNTY ATTORNEY/EDUCATION
Mr. Sandy Minkoff, County Attorney, informed the Board that the Tavares Band Boosters have elected him as President.
REPORTS - COUNTY MANAGER
GROWTH MANAGEMENT/MUNICIPALITIES
Ms. Sue Whittle, County Manager, noted that on Wednesday and Thursday, May 17th and May 18th, the Community Planning Workshops for the Montverde Small Area Plan will be taking place at the Woodlands Lutheran Church in Montverde. These sessions will be from 1:30 p.m. to 10 p.m. each day. She stated that an agenda is available to the Board members.
REPORTS - COMMISSIONER GERBER - DISTRICT #1
EDUCATION
Commr. Gerber informed the Board that she has had requests from some of the parents who have kids from Carver and Skeen Elementary Schools that are going to the Odyssey of the Mind event in Tennessee. They are the only schools in the County that qualified, and they are asking for help from the Board, or from the members individually, because they need $15,000 for travel expenses.
Commr. Cadwell reminded the Board of its policy, which does not allow the Board to participate, but he encouraged the members to help individually.
REPORTS - COMMISSIONER POOL - DISTRICT #2
EMERGENCY SERVICES
Commr. Pool commended the full time and volunteer firefighters for their work in helping to put the fires out in South Lake County, and for monitoring them, so that there were no loss of homes.
COMMITTEES/ORDINANCES/WATER RESOURCES
Commr. Pool informed the Board that he is Chairman of the Lake Apopka Basin Planning Initiative Steering Committee, and he and Mr. Bob Freeman, Orange County, Mr. Randy Morris, Seminole County and Planning Council Chairman, and all of the mayors, or representatives, of the corridor, went to Palatka the other day united as a group to ask for mitigation money ($7 million) for the beltway, and their request was to take the money and apply it toward buying Pine Island as a preserve, but they were not successful with their request.
Commr. Pool informed the Board that the Steering Committee for Lake Apopka has asked that Orange County, Lake County, and all of the cities being represented, come up with an ordinance, something that would be similar to an Outstanding Florida Waters (OFW) designation, to help protect Lake Apopka, because they believe that the designation may prevent the runoff, the storm water, and other issues around the lake. He noted that they will have an ordinance coming back to the Board very soon.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PUBLIC WORKS/SHERIFF'S DEPARTMENT
Commr. Hanson informed the Board that she feels there may be an opportunity for the Board to partner with the Sheriff to do the road grading. She stated that he has the grader, and soon it will be restored to a usable condition, and she feels that, if the Sheriff could be approached about using the grader, with the County supplying the man power to run it, then the County could start grading some of the roads that the Sheriff would be grading, because the County is going to pay for it either way. She would like the Board to look at this issue.
Discussion occurred regarding the roads that the Sheriff would be grading, which are not under the County maintenance system.
Commr. Swartz stated that there is another issue, which are the private roads and private property, and that is why the County does not spend money on them. He stated that this is why the County has the special assessment program to help people get those non-county maintained roads paved. He stated that maybe the Sheriff can expend public money on private property in a way that the County cannot.
Commr. Hanson explained that they are not exactly private, because they have been dedicated to the public, and it is just that the County has not brought them into the maintenance system. They are not private roads, but are semi-public, because there is no private ownership of them.
Commr. Swartz explained that, in some cases, the property goes to the center line, but a certain amount of it has been dedicated for public use.
Commr. Hanson explained that the Sheriff will not grade those roads that are still in private ownership, but only those that have been dedicated to the County, and there is right-of-way dedicated to the County.
It was noted that Commr. Cadwell will meet with the Sheriff first, and then again with staff, before he commits to the issue.
LAWS & LEGISLATION/WATER AUTHORITY/RESOLUTIONS
Commr. Hanson stated that House Bill 1925, which pertains to the Water Authority, is up for the governor's veto and it increases the number of elected board members to seven, as was proposed, and the millage cap is lower. She stated that her real concern is having dollars to deal with storm water. She thinks that the Water Authority is finally doing what she thinks it should be doing, and what many people in Lake County thinks it should be doing, and that is dealing with storm water and the quality of the lakes, and that seems to be the focus that they are moving toward, and which she supports. She explained that, with the millage cap being lowered, either the County, or the Water Authority, is going to have to provide for storm water, and the dollars are going to have to come from somewhere. She suggested that the Board write a letter to the Governor asking for a veto for these reasons. Commr. Hanson stated that she would still like to see a five member Board, as indicated in the previous resolution approved by the Board, and as recommended by the Board, but appointed by the Governor. She stated that, in 1994, there was a referendum on the issue, and at that time, 58% favored retention of the Authority, and 42% opposed retention of the Authority, so that might be another option, to have a referendum at some point. Commr. Hanson stated that she was looking for a letter from the Board supporting a veto, or individual letters, if the Board does not support it, or a resolution from the Board supporting a vote.
Commr. Swartz stated that he would certainly support an effort by this Board to hopefully encourage the Governor to veto what he believes is bad legislation for a number of the reasons that Commr. Hanson just presented. He stated that the storm water issue and other quality issues are going to take more than any one agency. He noted that the Board does not want reduction, and in addition, the election would be countywide, which would make it more difficult for people who want to serve on a non-paying board to be able to reasonably run in a countywide election. He would support this Board making a statement to the Governor that goes somewhat beyond the previous resolution.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to place the item regarding House Bill 1925 on the agenda for Board action.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to send a letter, or a resolution, to the Governor asking him to veto House Bill 1925 stating the issues that have been mentioned.
Under discussion, Commr. Gerber noted that she will be preparing an individual letter.
Commr. Swartz stated that an individual letter is good, but the collective action of this Board unanimously, if possible, to include those things that the Board had in their previous resolution, but to also include some of those concepts mentioned by Commr. Hanson such as the 1994 election. He stated that it seems like all of the Board members can agree, regardless of their position on the Water Authority and whether it should be elected or not, that there was some attempt by Representative Everett Kelly to let the voters of Lake County decide if they wanted to make changes to the Water Authority, and the Legislative Delegation refused to let voters of Lake County make that decision. It seems like the Board can agree to ask the Governor to veto it, and at a minimum, if they cannot set it up in some way as suggested by Commr. Hanson, or Commr. Gerber, then at least the voters and taxpayers of Lake County would be involved in that choice. Commr. Swartz stated that it seems to be illogical to oppose an agency because they are not elected, and then oppose the ability of the voters to decide whether they want to make them elected, and he feels that the Board needs to point this out to the Governor and ask him to veto it.
Commr. Cadwell stated that he did not vote for the previous resolution, and he does not intend on voting for this resolution, because he cannot get over the idea that elected officials on a taxing authority is not a good thing.
The Chairman called for a vote on the motion, which was carried by a 3-2 vote. Commrs. Cadwell and Pool voted "no".
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
RESOLUTIONS/STATE AGENCIES
Commr. Cadwell noted that he had received a letter from the City, County and Local Government Law Section of the Florida Bar asking the Board to proclaim May as Civility Month.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Proclamation 2000-71 proclaiming the month of May as Civility Month.
CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Commr. Cadwell informed the Board that he met with Mr. F. Browne Gregg last week and discussed meeting with him and the CEO of Ogden Martin one more time before he brings back a recommendation to this Board. The meeting has been scheduled for next Friday.
COUNTY EMPLOYEES
Commr. Cadwell reminded the Board that tomorrow is the Employee Luncheon in Wooten Park.
RECESS & REASSEMBLY
At 11:10 a.m., the Chairman announced that the Board would recess until 1:30 p.m.
PRESENTATION - ORLANDO ORANGE COUNTY EXPRESSWAY AUTHORITY
Mr. Jim Stivender, Senior Director of Public Works, introduced Mr. Harold Worrell, Orlando Orange County Expressway Authority, and stated that he would begin the presentation.
Mr. Worrell stated that the presentation would be on the Project Development Process by the Orlando Orange County Expressway Authority. He understood that the Board had acted on the agreement this morning between the two parties. The Expressway Authority will be having its Board meeting next Tuesday, and they will be discussing the status of that agreement, and they will be requesting from their Board approval of the same agreement. Mr. Worrell turned the presentation over to the Deputy Executive Director and Director of Engineering and Planning, Mr. Joe Berins, and he noted that there were three gentlemen present from Post, Buckley, Shuh & Jernigan (PBS&J) who are typically very involved in their projects.
Mr. Joe Berins stated that, when staff asks them to look at a project, they look at the transportation need for the project, and if they determine there is a need for it, being a toll agency, they look at it to see if it is a good toll road. They also look at the feasibility of the project. Mr. Berins stated that they try to answer all of the pertinent questions, and then they take it back to their Board, and they decide whether or not they will proceed with the project.
Mr. Gary Scaff stated that they put together a power point presentation, which he began by reviewing the following information from the Project Development Process booklet:
Workshop Purpose
Development Process (Expressway Authority Projects)
Mr. Scaff presented detailed information about each of the above elements of the process that would be taken by the Expressway Authority and noted the goals and coordination activities that would be reviewed by them. He also presented the Project Schedule and provided detailed information on the following Summary information:
Summary
Successively refined studies
Requires long-term partnerships
Requires Expressway Authority's Master Plan consistency
Requires Regional Long Range Plan consistency
Requires local Comprehensive Plan consistency
Numerous coordination opportunities
Mr. Scaff stated that the Expressway Authority is in the process of doing a long-range plan through the year 2025, and they are about half way through the process. They have identified several possible projects that they would like to look at as part of this long-range plan.
Commr. Pool stated that he was happy that they were here today, and he was happy that the County has the agreement in hand. He thinks that, looking seven or eight years into the future, the County will see gridlock before that time, and anything they can do to eliminate and facilitate the flow of traffic is important.
Commr. Swartz questioned whether there were other potential projects that the Expressway Authority had in mind relating to Lake County, aside from some of the expansion projects shown on the map,.
Mr. Worrell explained that they have worked with County staff, and they have a plan for the roadways for Lake County, and one of those identified is the extension of SR408, as well as something going over to I-75. He further explained that there are others that are not shown on the chart. He stated that they are currently looking at the one project, the extension of SR408 over to Highway 27 and have already done a concept study on part of it. He noted that both projects are shown on the chart.
Commr. Swartz stated that the roads are always going to be to capacity and beyond, because a road will never be built in Orange County and Central Florida that is not going to reach capacity, and this is always going to be done as long as public officials continue to approve developments in the development patterns that they do, and they will never be able to keep up. He stated that the State of Florida will never keep up, and Lake County will certainly not be able to keep up.
Mr. Worrell explained that the Western Beltway, which is now Western Expressway (429), was never historically Orlando Orange County Expressway Authority's project. Then in 1994, the Legislature put Part A on their agenda, which is about to be opened. In 1995 or 1996, they said that they could also build Part C, which goes from the Turnpike to I-4, but Part B was never added to their agenda. Recently their Board asked staff to take a look at Part B, and they met with the environmental advisory group and asked them about it, because, when it was first done by the Department of Transportation (DOT), the alignment for Part B to go back to I-4 was just below SR46. The environmental advisory group said they did not support that, but they would support going up to SR46 and going across SR46, not as a limited access facility, but as a controlled access facility. They went back to their Board and reported that concept, and that is all that they have done with Part B. There are many in Orange County that are still interested in Part B, and DOT is still looking at it.
Commr. Hanson indicated that something needs to be done with SR46, and she would support moving forward with efforts to four-lane SR46, but she certainly does not support running the Beltway back into Sanford into I-4, because there is no need for duplication and there is not going to be the growth in that area. She would like to see it go beyond SR46 on up to SR44.
Mr. Worrell explained that the County's Task Force is looking at the limited access facilities, and Lake County is scheduled to come and talk to the Expressway Authority along with all of the other counties in the surrounding areas and the MPOs. He feels that this points to the need for counties to work together on these kinds of projects.
Commr. Swartz stated that his view was different than Commr. Hanson's view. He stated that, in regard to SR46 and whether it is going to be well received as you go through Mount Plymouth and Sorrento and the four-laning of that is going to have a dramatic impact on all of those properties through there, he is concerned that, even though there are those who want a Western Beltway, which is unrelated to SR46, traffic problems will be brought into Lake County. He stated that the County has seen beltways and secondary and third beltways in some areas, and he fears that Lake County is doing the same thing. He stated that there is no reason for Part B to come through Lake County except to alleviate traffic problems in Orange, or possibly parts of Seminole County, and this is not something that he supports, and he does not think the citizens of Lake County support it. Commr. Swartz stated that the solutions to the problem of traffic in Orange County and Seminole County now are to go around those areas, because they cannot afford to go through them.
Mr. Worrell stated that, from the studies that were done by the Expressway Authority, there were 12,000 vehicles a day on Part B, and that was 20 years out, so there is not a lot of traffic that will come off of I-4 onto the top beltway, and you would mostly find east-west movements, from Sanford to Lake County and back.
Commr. Cadwell stated that first the County is going to look at our highways that are going to benefit the County's citizens and help with their transportation needs, and then the Board will look at the regional issues and see how they play into what is best for Lake County.
Mr. Worrell explained the three different corridors being considered for Highway 50 and stated that they do not have a complete study yet for this area, so they cannot tell the Board what exactly will be done to help Highway 50.
Commr. Swartz stated that, if they could place a corridor relatively near the existing alignment of Highway 50, it might help the traffic, but either of the other two roads, as shown, will not help Highway 50. He noted that they are designed to relieve traffic and provide a way to get around Orlando to I-4.
Commr. Pool stated that he had stressed the very same thing as Commr. Swartz, and that is the closer the corridor to Highway 50, the better the County is going to be to eliminate gridlock on Highway 50.
Commr. Hanson stated that she still likes the idea of moving the beltway up to Deland and I-4, which would relieve a lot of the traffic on I-4.
Mr. Jim Stivender, Senior Director of Public Works, stated that, in regards to the Highway 50 corridor, staff has gotten a request from DOT indicating that, if the County could advance them about $600,000 this coming year, they would advance the PD&E on Highway 50. He stated that staff also has a letter from Orange County saying the same thing, so that item will be on a future agenda.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:20 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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