The Lake County Board of County Commissioners met in regular session on Tuesday, September 19, 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; Barbara Lehman, Chief Deputy Clerk, County Finance (5:05 p.m. public hearing); and Marlene S. Foran, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
It was noted that an Addendum No. 1 had been added to the Agenda. Ms. Sue Whittle, County Manager, requested that Tab 39, a request for approval to delete education impact fees from the upcoming impact fee study update, be pulled from the agenda.
MINUTE APPROVAL
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 15, 2000 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 22, 2000 (Regular Meeting), 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 requests:
Bonds-Contractor
Request for approval of Contractor Bonds - New and Rider, as follows:
New
1431-01 Alfred E. Tinney dba Tinney Plumbing Company
1696-01 Lowell K. Vogel dba Keith Vogel Electric
4098-01 Stanley E. Dollen/S.E. Dollen, Inc.
4621-01 Larry D. Brown (Electrical)
4720-01 David B. Sheppard dba Sheppard Electric Company
4910-01 Chris E. Johnson (Swim Pool Repair)
4913-01 John T. Green, Jr./Greens Energy Services, Inc. (HVAC)
4986-01 Alan Green Pools & Spas
5101-01 Clarence E. Kelly
5386-00 Dennis Fletcher dba Fletcher HV & AC
5393-02 Lennar Homes, Inc./E.B. Hacker
5484-01 Valentino Garzon/High and Low Electric, Inc.
5564-01 LaFrance Electrical Services, Inc.
5637-01 Ronald R. Howe (Electrical)
5680-01 Carl M. Waldron dba Sun State Plumbing, Inc.
5699-01 Christopher John Palmer & Palmer Pool Corporation
5713-01 Gary Parkinson
5797-00 H. Bryan Lewis/Affordable Electric of South Florida, Inc.
5798-00 James E. Harvey dba Harvey's Refrigeration
5799-00 James Buchanan & Anthony Lanci dba Everything Electric
Cancellation
5101-00 Clarence E. Kelly
Rider
1675-00 T.A. Youngblood & Sons Building Movers, Inc.
(Bond number change: U03158 to 1040184
Name of Surety change: Preferred National Insurance Company to XL Specialty Insurance Company.)
Reports
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 29, a request for approval and authorization for the Chairman to execute an amendment to the Solid Waste and Recycling Collection Service Contracts extending the September 30, 2000 termination date to September 30, 2002, be pulled for discussion.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 29:
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval of funding for seven Human Service Grant in Aid proposals; and approval and authorize execution of Agreements for such funds, as follows:
American Red Cross $2,500
Christian Care Center, Inc. $5,000
CITE, The Lighthouse for Central Florida, Inc. $7,500
Community Health Care Services, Inc. $7,500
Deaf Service Center of Lake County $5,000
Haven of Lake & Sumter Counties, Inc. $7,500
Sunrise ARC of Lake County, Inc. $5,000
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request for approval and authorization for the Chairman to sign the Contract between Lake County and the State of Florida Department of Health for operation of the Lake County Health Department during contract term 10/1/2000 through 9/30/2001 in the amount of $406,483.00.
Accounts Allowed/Affordable Housing/State Agencies
Request for approval to waive impact fees for participants in the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP); and approval of payment of these fees from the Impact Fee Trust Fund interest. The following qualify for waiver of impact fees:
James & Cynthia Sprayberry 50% = Road $635 School $615 Fire $65
Shari Carnahan 50% = Road $635 School $615 Fire $65
Lloyd & Veilka Gordon 50% = Road $635 School $615 Fire $65
Shalonda Lenon 50% = Road $635 School $615 Fire $65
Nancy Walters 50% = Road $635 School $615 Fire $65
Beth Goodhue 50% = Road $635 School $615 Fire $65
Kristin Curry 50% = Road $635 School $615 Fire $65
Ruben Bocardo 50% = Road $635 School $615 Fire $65
Steve Amole 50% = Road $635 School $616 Fire $65
Gwendolyn Moore 75% = Road $951 School $924 Fire $98
Linda Anderson 75% = Road $951 School $924 Fire $98
Shirley Garcia 75% = Road $951 School $924 Fire $98
Accounts Allowed/Grants/Libraries
Request for approval and signature of State Aid to Libraries 2001 Grant Application and Agreement, in the estimated amount of $215,000.00, for Fiscal Year 2000-2001 to be used primarily for library materials, automation and network enhancements, library equipment and furniture, and commercial Web based reference database subscriptions.
Contracts, Leases & Agreements/County Property/Economic Development
Request for approval for the Chairman to sign a Release of Restrictive Covenants in regard to the Circuit City Stores, Inc. parcels 35 and 36 in the Christopher C. Ford Industrial Park.
Contracts, Leases & Agreements/Planning
Request for approval of agreement with Circuit City Stores, Inc. to defer impact fees for their 192,000 square foot expansion.
Resolutions
Request for approval of Proclamation No. 2000-150 proclaiming the week of October 8 through 14, 2000 as Fire Prevention Week.
Contracts, Leases & Agreements/Sheriff's Department
Request for approval and signature on the renewal of the one-year lease agreement for the Sheriff's Office Astor Substation.
Contracts, Leases & Agreements/Municipalities
Request for approval for the Chairman to execute a first amendment to the Interlocal Agreement between Lake County and the City of Tavares relating to the contribution of infrastructure sales tax funds for community recreation facilities to allow additional time to construct the facility until March 30, 2001.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Municipalities
Request for approval to execute Interlocal Agreements for Parks and Recreation Capital Improvement Grant Program Projects between Lake County and the City of Eustis in the amount of $13,000.00; the City of Fruitland Park in the amount of $20,000.00; and the City of Umatilla in the amount of $20,000.00.
Fairgrounds
Request for approval for the Florida Army National Guard 53rd Infantry Brigade to continue using the Lake County Fairgrounds for their training exercises.
Accounts Allowed/Budget Transfers/Resolutions
Request for approval of budget transfer, in the amount of $10,000.00, from Contingency - County Fire Control Fund to County Fire Control Fund, Emergency Services, Machinery and Equipment. Funds are needed to replace a communications vehicle due to an accident on July 10, 2000. The vehicle was a total loss. Insurance reimbursed $7,719.00.
Request for approval of budget transfer from Court Fees and Costs in the amount of $20,000.00, and Court Fees and Costs in the amount of $35,000.00 (total $55,000.00), to General Fund, Judicial, Other Miscellaneous Costs in the amount of $27,000.00, and Court Fees and Costs in the amount of $28,000.00 (total $55,000.00). Additional funds are needed to cover expenditure activities in Circuit Court - Criminal and Clerk of Courts Circuit Court Family.
Request for approval of budget transfer from Computer Repair and Maintenance in the amount of $2,100.00, Office Supplies, in the amount of $500.00, Books, Publications and Dues, in the amount of $974.00, Improvements Other than Buildings in the amount of $11,000.00, and Machinery and Equipment, in the amount of $15,233.00 (total $29,807.00) to Fleet Maintenance Fund, Public Works, Repair and Maintenance in the amount of $27,907.00, and Contractual Services in the amount of $1,900.00 (total $29,807.00). Additional funds are needed to cover expenses for Fiscal Year 1999/2000.
Request for approval of budget transfer from Regular Salaries in the amount of $11,700.00, Social Security Matching in the amount of $3,000.00, Retirement Contributions in the amount of $3,000.00 (subtotal - Citrus Ridge $17,700.00), Regular Salaries in the amount of $12,700.00, Social Security Matching in the amount of $3,500.00, Retirement Contributions, in the amount of $3,500.00 (subtotal - Marion Baysinger/Groveland $19,700.00), and Regular Salaries in the amount of $19,700.00 (subtotal - East Lake/Sorrento $19,700.00) (total $57,100.00) to Countywide Library System, Community Services, Buildings (East Lake County Library) in the amount of $57,100.00. Additional funds are needed for the interior remodeling of the leased space for the East Lake County Library. The funds will come from using unexpended funds in the Library Services operating accounts, which will be available because of cost savings due to later opening dates for the libraries.
Request for approval of Resolution No. 2000-151 to amend the Law Library Fund in order to receive unanticipated revenue for Fiscal Year 1999/2000, in the amount of $4,246.00, from miscellaneous revenue and to provide appropriations from the disbursement of these funds to contractual services.
Request for approval of Resolution No. 2000-152 to amend the General Fund in order to receive unanticipated revenue from Building Services Fees for Fiscal Year 1999-2000, in the amount of $44,000.00, from miscellaneous revenue and to provide appropriations from the disbursement of these funds to machinery and equipment for an enhanced voice mail system.
Bids/Procurement
Request for approval and authorization to advertise through Fiscal Year 2000-2001 for Lake County's annual bid and proposals; and to award and/or extend the annual bids and proposals to piggy back other governmental or cooperative bids or contracts if the award recommendation is to the lowest and best responsible bidder (bids), or highest ranked respondent (proposals) and issue blanket purchase orders or other contractual documents within budgeted funds.
Mobile Home Bonds
Request for approval of Mobile Home Bond #2000-005 for Robert A. and Kimberly G. Hurl to place a mobile home on property located at 8515 Bay Lake Road, Groveland, Florida, for security reasons during construction of their home, permit number 2000063168.
Contracts, Leases & Agreements/Suits Affecting The County
Request for approval of a Special Master Settlement Agreement for Peter M. Pendergast v. Lake County.
Contracts, Leases & Agreements/County Policies/Human Resources
Request for approval and adoption of employer participation agreement with Nationwide Retirement Solutions, for the Post Employment Health Plan (PEHP) for public employees; and approval of wording change for the Lake County Policies and Practices Employee Manual, Section 19/Sick Leave, Number 5.
Request for approval of wording change for the Lake County Policies and Practices Employee Manual for Administrative Leave related to Governor's Mentoring Initiative effective October 1, 2000.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request for approval and signatures on the contract between the Florida Department of Environmental Protection and Lake County for Fiscal Year 2000-2001 for the management of major exotic aquatic plants located within the County boundaries and on sovereign waterbodies, reimbursable up to the total allocation amount of $99,300.00.
Assessments/Subdivisions/Roads-County & State
Request for approval to cancel road assessment lien #677075 and interest due on Lot 9, Block O, South Pine Lakes Subdivision which was acquired by the County due to non-payment of the road assessment.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for approval and authorization to accept the final plat for Siena Ridge Phase III Subdivision; accept a letter of credit for performance, in the amount of $448,880.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and Siena Home Corporation.
Deeds/Roads-County & State
Request for approval to accept Statutory Quitclaim Deeds and Statutory Warranty Deeds, as follows:
Statutory Quitclaim Deeds
Dale N. & Alice M. Dickey Bay Lake Loop (#2-0611)
Marshall H. Gaard Quince Avenue (#4-8297)
Jack and Dorothy M. Lacy
Statutory Warranty Deeds
Ronald W. Stendel, Huffstetler Drive
Family Ltd. Partnership, LLP
Mary H. Rogers, Trustee Merry Road South (#3-4455)
Lewis Jacob Norman, Sr. Wolfbranch Road (#4-4583)
Municipalities/Resolutions/Rights-of-Way, Roads & Easements/Road Closings
Request for approval of Resolution No. 2000-153 to advertise Road Vacation Petition No. 929 by Joy Ruth Collins to vacate roads (Humphrey Avenue and Pershing Road) recorded in the Silver Lakes Estates plat located in Section 14, Township 19S, Range 25E located in the Leesburg area - Commission District 1.
Request for approval of Resolution No. 2000-154 to advertise Road Vacation Petition No. 937 by Keith and Rebecca Huntington to vacate an easement recorded in the Groveland Farms Plat, Section 35, Township 22S, Range 24E located in the Groveland area, Commissioner District 2.
Request for approval of Resolution No. 2000-155 to advertise Road Vacation Petition No. 940 by Paul Wheeler to vacate an easement recorded in Section 11, Township 23S, Range 26E located in the Clermont area - Commission District 2.
Request for approval of Resolution No. 156 to advertise Road Vacation Petition No. 941 by Daniel J. and Monica Connolly to vacate streets recorded in Section 30, Township 15, Range 28 located in the Astor area - Commission District 2.
Request for approval of Resolution No. 2000-157 to advertise Road Vacation Petition No. 942 by Byron A. and Margaret R. Peterson to vacate an easement recorded in the Clermont Farms Subdivision adjacent to the Plats of Oak Hill Estates and Rose Hill Subdivision all in Section 12, Township 23, Range 25 located in the Clermont area - Commission District 2.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Budget Transfers/Solid Waste
Request for approval of budget transfer, in the amount of $38,000.00, from Contractural Services to Landfill Enterprise, Solid Waste Management Services, Astatula Outside Disposal. Funds are needed to remove an additional 200,000 gallons of leachate from the tanks immediately due to an increase in rain. The City of Kissimmee no longer accepts leachate from Lake County and the cost of disposal has increased from 4 3/4 cents per gallon to 12 cents per gallon. Expected expenses for the disposal contract resulted in lower than anticipated expenses; therefore, the funds are available.
Accounts Allowed/Budget Transfers/Supervisor of Elections
Request for approval of budget transfer, in the amount of $30,000, from Contingency to General Fund, Supervisor of Elections, Regular Salaries. Funds are necessary because a vacant position has been filled and the salary was not reserved in the budget.
Subdivisions
Request for approval and authorization to accept the final plat for Airport Estates Subdivision. Subdivision consists of six lots - Commissioner District 5.
CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE MANAGEMENT
Commr. Swartz stated that he would not support extending the Solid Waste and Recycling Collection Service Contracts given the fact that one area of the County was receiving a lower level of service than the balance of the County. He stated that Florida Recycling Services should provide the same level of service to their customers as the other vendors are providing in the remainder of the County.
Commr. Hanson explained that one of the reasons for the once a week pick-up was because of the inferior roads in District 4 and twice a week pick-up would negatively impact those roads further. She stated that the County should work toward a twice a week pick-up on those roads that are now paved or have a stable base.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4 - 1 vote, the Board approved the request for approval and authorization for the Chairman to execute an amendment to the Solid Waste and Recycling Collection Service Contracts extending the September 30, 2000 termination date to September 30, 2002.
Commr. Swartz voted in opposition.
PUBLIC HEARINGS/PRESENTATIONS
PRESENTATIONS
OUTSTANDING LEADERSHIP AWARD
At this time, Commr. Cadwell and Mr. Bruce Redus, Economic Development Director, presented the award for Outstanding Industry Leadership to Mr. Glenn Tyre.
OUTSTANDING INDUSTRY OF THE YEAR AWARD
At this time, Commr. Cadwell and Mr. Bruce Redus, Economic Development Director, presented the award for Outstanding Industry of the Year to Marriott Distribution.
PUBLIC HEARINGS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance Re-enacting Waiver and Deferral of Impact Fees for Day Care Centers, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER XV OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 15.00.01, DEFINITIONS, TO ADD A DEFINITION FOR DAY CARE CENTERS; PROVIDING FOR CREATION OF SECTION 15.00.07, PROVIDING FOR WAIVER AND DEFERRAL OF IMPACT FEES FOR DAY CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that this ordinance re-enacts the current waiver which would expire on September 30, 2000.
Commr. Hanson questioned if staff or the Impact Fee Study Committee has had the opportunity to look at waiver and deferral of impact fees for adult day care facilities; to which Commr. Gerber noted that this issue would be on the agenda for the next Impact Fee Study Committee meeting.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-88, an Ordinance Re-enacting Waiver and Deferral of Impact Fees for Day Care Centers, as read on its final reading, by title only.
LIBRARIES
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present the Lake County Library System Long Range Plan 2000-2005 which replaces the Lake County Library System 1994-2000 Plan. He explained that the plan was facilitated and developed by Ms. Leslie Burger, Library Development Solutions, and establishes the new mission statement The Lake County Library System: Your gateway to the world of information.
Ms. Wendy Breeden, Library Services Manager, appeared before the Board and stated that she has received a letter from the City of Fruitland Park requesting that they remain at a Level of Service One; and a letter from Cooper Memorial Library, dated September 18, 2000, which had been distributed to the Board prior to the start of the meeting. In response to a question presented by Commr. Cadwell, Ms. Breeden stated that Cooper Memorial Library has not had a decline in use by the County residents; however, there was a new report that has indicated that ninety-eight (98%) percent of the residents that have Cooper Memorial Library cards are using said library. She stated that Cooper Memorial Library was not receiving residents from Citrus Ridge Library; however, Citrus Ridge was receiving patrons from Cooper Memorial. She stated that the new long range plan has a greater focus on technology and technology training.
Commr. Swartz stated that a better analysis of library utilization was needed. He explained that the County's statistical analysis indicates that seventy-five (75%) percent of the patrons are from the unincorporated area, however, only forty (40%) percent of the funding comes from the County. He stated that we will have to find an analysis that looks are library utilization, which will help the libraries to determine whether or not the funding they receive makes it worthwhile for them to be in the county-wide library system.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Lake County Library System Long Range Plan for Fiscal Year 2000-2005.
PRESENTATIONS
MONTVERDE SMALL AREA STUDY
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board to present the final presentation on the Montverde Small Area Study.
Mr. Brian Wheeler, Principal-in-Charge, The Genesis Group, appeared before the Board and introduced Ms. Cathleen Foerster-Denny, Planner and Project Coordinator. He distributed a map illustrating the Montverde Small Area Plan; a packet of information including a chart of the Montverde Small Area Plan Conceptual Land Use Program in acres, additional implementation tools, and a copy of Chapter 9J-5, Florida Administrative Code; and the Executive Summary and Community Participation Section of the Small Area Planning document. Mr. Wheeler stated that The Genesis Group has approached this planning exercise of developing the communities' values and developing a plan that has a number of different facets with one aspect of the plan reflecting the statutory requires for a plan that might be adopted into the Lake County Comprehensive Plan. He stated that another aspect creates fifteen tools to restrict growth and development that the Board can adopt and, with those growth tools, the ultimate build-out population, that seems to be the controversy in this plan, will actually range from 1,500 dwelling units to 5,100 dwelling units based on the Comprehensive Plan statutory population based formula. He stated that by having a plan that addresses as many as 5,100 dwelling units proposed for build-out by Year 2050, there will always be other aspects that create a balanced community and address the values and issues that have been described by the local residents. He stated that the Montverde Small Area Plan map illustrates the communities' plan, if it was the ultimate fortitude of the community to enact all of the growth tools, and to diligently apply them regardless of the number of dwelling units. He stated that the physical location of where things are located, the relationships between the land uses, the rural character, and the creation of a green belt around the community to protect it from future encroachment are specifically what the community stated that they wanted and this plan very specifically addresses those goals and desires and does not identify a specific build-out population. At this time, Mr. Wheeler directed the Board's attention to the Executive Summary and the Montverde Small Area Plan map and stated that one of the fears of the community was the potential for encroaching development patterns from the west, and the problem of the additional growth and background traffic cutting through the heart of their community in order to reach the Turnpike and U.S. Highway 50. One of the fundamental concepts of the plan was to create a greenway in rural low density land use designation as a crescent shape buffer that works around the western side of the study area and ties into Lake Apopka to basically envelope the Montverde area proper and create a limited access parkway. He directed the Board's attention to a copy of Chapter 9J-5 Florida Administrative Code and discussed same. He explained that they have taken the Bureau of Economic & Business Research (BEABR) based analysis and have adjusted it to take into consideration a more detailed analysis of the actual development patterns, the demographics and the remaining available land for development so they have adjusted downward to a great degree the original population projects that were put forth for this area. He discussed the Conceptual Land Use Program, Scenario C, Concurrency Restricted Plan and discussed Transportation Level of Service D.
In response to a question presented by Commr. Swartz, Mr. Fred Schneider, Engineering Director, appeared before the Board and explained that, according to the Lake County Comprehensive Plan and Concurrency, if there is an urban designation on the Five Year Future Land Use Map within the city limit or within one mile of the city limit, the roadway would be at a Level of Service D. Commr. Swartz questioned if that was the language that staff was instructed to analysis, review and bring back to the Board to reclassify those roads in the Evaluation and Appraisal Report. Mr. Schneider explained that the direction of the Board was to look at some of the roadways that we could classify as a Level of Service B; however, at this time the County was operating under the existing Comprehensive Plan and there would be a Level of Service D on those roadways. Commr. Swartz requested a copy of the section of the Comprehensive Plan designating these roadways as Level of Service D.
Mr. Wheeler stated that the actual available ultimate build-out in the area would be further restricted or reduced if a higher level of service were adopted. He stated that this plan was looking at a plan out to Year 2050 and a lot of things can change so they are trying to create a structure to create a mechanism, such as empowering the Steering Committee to act as an advisory committee to review projects that would come forward within the study area and to advise the Planning & Zoning Commission and the Board as to the appropriateness of those plans. He stated that the plan respects all of the values of the community with exception of having to address the 5,100 dwellings as a maximum potential build-out in order to be consistent with Florida Statutes. He stated that there was a definite consensus to see Pine Island preserved as a regional park; however, they did not feel that would be a realistic approach to a long range plan to indicate that the entire tract would be a regional park. He illustrated on the map that the plan shows Pine Island as a mixed use master plan community which includes 800 residential dwelling units on a golf-course as well as a 200 slip marina. A greenway with public bikeway will be included along the entire length of the Lake Apopka shoreline. At this time, he presented a detailed discussion on the issues of the community consensus plan that comprises the Small Area Plan, as follows:
In response to a question presented by Commr. Swartz regarding the number of dwelling units, Mr. Wheeler stated that they looked at the BEABR numbers for this specific area and also hired the firm of Ergonomics to study the numbers. He stated that the number of dwelling units were based on the median BEABR numbers and, at this time, he did not know the low range on the BEABR scale. He stated that Chapter 9J-5 indicates that they are to use the median methodology which lowered the number down to the 5,100 dwelling units and the number could be adjusted to 4,300 dwelling units after a study of the concurrency issues with some minor adjustments to the Lake County Comprehensive Plan as an overlay district.
At this time, the Chairman opened the public hearing portion of the meeting.
Mayor Helen Pearce, Town of Montverde, appeared before the Board and stated that the Town of Montverde faces a slow death if the plan presented by The Genesis Group is adopted by the Board of County Commissioners. She provided a brief history of the Town of Montverde. She stated that the Town of Montverde has passed ordinances to slow growth, and the present rule is that any new annexed subdivisions must have one acre lots and subdivisions within the town limits must have one-half acre lots. She stated that they enjoy the quiet, rural atmosphere in the Town of Montverde and a sense of well being. She requested that the Board not destroy a lifestyle that was so dear to the community.
Mr. Robert Smith, a resident in the Montverde area, appeared before the Board and stated that the concept of inviting citizens to contribute to the vital task of updating the Lake County Comprehensive Plan, made obsolete by recent rapid growth, was an excellent concept, and the assistance of consultants, if they were independent, was very beneficial to facilitate excellence by providing information and suggestions but not to dictate the outcome. He urged the Board to scrape this plan and take valid steps to protect the citizens from politicizing expansions and, by doing so, the Board will send needed word to all, including developers, that decisions are in the best interest of the majority of the people of Lake County.
Mr. William Fricke, a resident of the Trails of Montverde, appeared before the Board and explained that the rural nature of the Montverde area was strongly valued by the residents of the area. He expressed concern that environmental studies, the impact on the natural wildlife and the impact on Lake Apopka has not been taken into consideration. He expressed concern with the noise issues as they pertain to the proposed greenbelt, commercial and light industry and that there was no provision for schools for approximately 10,000 children.
Ms. Barbara Cybulski, a local resident, appeared before the Board and stated that there was growth taking place in the Montverde area; however, today she was appealing to the Board to understand how the citizens as a community feel about their rural lifestyle.
Ms. Nancy Fullerton, President, Save Our Lakes Committee, appeared before the Board and stated that the Save Our Lakes Committee supports the position that has been expressed by Mr. Bob Smith and the other residents of Montverde. She asked that the Board assume a strong leadership role in redirecting the redevelopment patterns and look at the whole Minneola, Montverde, Astatula, and Sugarloaf Mountain area.
Ms. Sally Tilley, a native of Montverde, appeared before the Board and stated that she would like to see one small section of the South Lake area maintain a sense of dignity.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, representing several property owners who have large land holdings in the Montverde study area and Ginn Development Company, appeared before the Board and explained that Mr. Ginn filed an application over a year ago and was asked by County staff to delay moving forward until a small area study could be performed; at which time, Mr. Ginn was asked to fund the small area study. She stated that the rules require verifiable population projections, and The Genesis Group has employed the appropriate methodology. She discussed issues pertaining to open space, transportation improvements, and lack of facilities and stated that the plan provides differing types of alternatives with overlays of design standards. She stated that she does object to the recommendation that the Steering Committee be allowed to remain in full force unless the Steering Committee gets dramatically changed in its composition. She noted that no large land owners have membership on the Steering Committee.
Mr. Ron Kurtz, a resident of Montverde, appeared before the Board and stated that the concept of the small area study was a good idea, however, what the citizens wanted was not included in the plan. He stated that he distributed 90 surveys in the area and 60 surveys were returned with fifty (50 %) percent of the people stating that they would support one dwelling unit per five acres; twenty-five (25%) percent would support one dwelling unit per two and one-half acres; and twenty-five (25%) percent would support one dwelling unit per one acre which was nothing more than a continuation of what was in place at this time. He stated that the developers see profits while the residents see property taxes rise and property values fall thanks to the sprawl and urban disinvestment that they helped to create.
Mr. Dave Soloff, a resident of Montverde and member of the Montverde Planning & Zoning Commission, appeared before the Board and requested that the Board look at controlled growth of the area and urged that more public comment interaction take place in terms of the Steering Committee. He stated that, as a design professional, he would like to see slow, controlled growth where every citizen has input. He asked that the Board set a precedent to really develop our quality of life as a whole for everyone's benefit.
Mr. Frank Maggiolo, a property owner in the area and resident of Kissimmee, appeared before the Board and stated that the plan was a starting point but could be improved.
Ms. Trisha O'Kurt, a local resident, appeared before the Board and stated that she would like to improve upon The Genesis Group plan in terms of the number of dwelling units and expressed concern that dollars have been spent on the Lake Apopka cleanup and the area of the small area study drains into the lake.
Ms. Kris Cuccaro, a local resident, appeared before the Board and questioned who would provide the money for the proposed school within the plan when we do not have the money available now for the current growth that has resulted in the over crowded schools. She stated that they do not have proper roads, adequate police patrol, ambulance service or fire service and questioned where the money was going to come to add the extra facilities that will be needed to provide for all of the new growth in the area.
Ms. Michael Swan, a local resident, appeared before the Board and stated that the plan provides the tools for future growth and asked that the Board listen to the residents of the area that want a rural lifestyle.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson stated that the plan serves as a good example of what we need to do in the remainder of the County as far as urban boundaries are concerned. She stated that more importantly than residential growth the County needs light industry to keep the cost of services, such as schools and libraries, from increasing. She stated that this was a fifty year plan, and it was important that we continually look at what we need to do to protect that lifestyle that is currently around our small villages in Lake County. She stated that, as we move forward on the modification and the improvement of this plan, we need to move more toward the inclusion of the twenty-five (25%) percent open space in the Lake County Comprehensive Plan with all of our developments and not just with PUDs (Planned Unit Developments). She stated that there was a lot of opportunity for improvement in the proposed plan.
In response to a question presented by Commr. Pool, Ms Farrell stated that The Genesis Group has completed the scope of services under the current contract; however, that would not preclude the County from extending the contract or entering into a second contract to continue this project. Commr. Pool stated that it was important that we try to do one more advertised meeting with the citizens, The Genesis Group, and the County Commissioners to find ways to lower the densities because the plan has to be defendable.
In response to a question presented by Commr. Swartz in regard to the lower number in the BEABR projections; Mr. Wheeler stated that he would fax the BEABR projections to the Board. Mr. Wheeler explained that they were looking at the potential that over the 50 year period some of the areas that may not have urban services, at this time, may get water and sewer services, politics may change, and the County may be in the water and sewer business; therefore, development rights can occur that may not be in place today based on the zoning. At this time, Mr. Wheeler addressed questions presented by Commr. Swartz regarding Chapter 9J-5, Florida Administrative Code.
Commr. Swartz questioned if the State Growth Management Act, Chapter 163 and Chapter 9J-5 requires that Lake County accept the numbers indicated even if those numbers are inconsistent with the rural nature of Lake County. He stated that the alternative to the BEABR numbers is that local government can generate its own numbers. He questioned if it was a legally defensible position for the County to use its own numbers based on rural character, land use designation, agricultural needs, historical perspectives, and all of the issues that the Growth Management Act addresses.
Mr. Wheeler responded that it was a desirable approach and noted the Governor's Growth Management Commission was currently meeting and may allow that kind of local community based process to drive the population. However, at this time, it requires that you use quantifiable data to come up with a population projection that the Department of Community Affairs would approve.
Commr. Swartz stated that he does not view this plan as a good start to the process because it is taking the approach that The Genesis Group has outlined rather than the community based population projects that we want in Lake County. He discussed the Level of Service on the County's rural roads. He stated that he was opposed to the implementation of the Small Area Plan as an overlay zoning district, and the implementation of the Small Area Study as an area plan to amend the Comprehensive Plan. He stated that he was recommending that the Board reject the Small Area Study, reject the proposition that we should adopt this overlay district and reject the proposition that we should amend the Lake County Comprehensive Plan because that will assure that what is on the proposed Montverde Small Area Plan map will come to fruition.
Commr. Pool stated that he would suggest that the Board work through The Genesis Group, and the residents of the Montverde area, to lower the numbers so that they are defendable. He stated that he has contacted the municipalities in Lake County and a number will be brought forward of every approved project and the number of units in the project. He stated that he would be requesting County staff to provide him with a similar approved process throughout the County so that the Board will know what has been approved county-wide and, with the cooperation of the Lake County School Board, our legislatures and ourselves, recognize that we have too many units approved today or that we do not have enough units approved based on the future plan. He stated that the cities and the County have to work cohesively with those numbers so we can assure a quality of life.
Commr. Cadwell requested a cost analysis for the provision of services in the Montverde Small Area Study area.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to reject the Montverde Small Area Study and the concepts for implementation that have been recommended; and to instruct staff to analyze the Montverde Small Area Plan and bring a recommendation back to the Board on how to conceptually develop new numbers of dwelling units and densities based on the rural character of the area, bring back a recommendation to the Board to perform said study in-house or, if necessary, go out for a second review using all of the previous information as a starting point as the basis of the new study; and prepare a cost analysis for the provision of services in the Montverde Small Area Study area.
Commr. Pool stated that he does not support the term "reject" as noted in the motion and explained that the Board should at least utilize the plan as a starting point to lower the number of dwelling units.
Commr. Swartz stated that he would change his motion to state "to not adopt".
Commr. Hanson stated that all stakeholders concerned need to be involved in the process including the land owners.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PRESENTATIONS
COMMUNITY BASED CARE ALLIANCE IN LAKE COUNTY
Mr. Patrick Howard, Department of Children and Families, District No. 13 Administrator, appeared before the Board to discuss the formation of a state mandated Community Based Care Alliance in Lake County. He stated that he was pleased with recent legislation that has increased District 13's capability, and the last Legislature allowed $4.7 million to out source some of their capability with an additional nineteen (19) protective investigators and five (5) lawyers. He stated that he was present today to deliver the commitment of the Department of Children and Families and Secretary Kathleen Kearney to work in partnership with Lake County to deliver services to the citizens that they serve, and to enhance said partnership through the forming of County or multi-county alliances which have been directed by the Legislature. He stated that he was requesting that the Board designate an empowered, energetic individual to represent county government to take part in the Alliance.
Commr. Swartz directed staff to prepare a recommendation to be brought back to the Board to either appoint a high level staff person or to appoint a Commissioner to represent Lake County on the Alliance.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt and Eidson, appeared before the Board on behalf of the owners of the property known as the Sugarloaf DRI to ask for an extension on the public hearing that has been scheduled on September 26, 2000, until November 28, 2000. She stated that, if the continuance was granted, the applicant would place a large legal advertisement in the newspaper to advise the citizens that the hearing date has been continued. The basis for her request was that two of her witnesses were unavailable and there has been a change in the staff report and they have not been provided the change which will require additional research.
Ms. Belinda Short, a resident on County Road 561, appeared before the Board in opposition to this request and stated that she would be appearing at the public hearing on September 26, 2000, at which time they would have expected a continuance. She expressed concern that this was a tactic to wear the citizens down and requested that the Board not grant the continuance.
Commr. Swartz stated that it was unusual to appear before the Board under Citizen Question and Comment Period and ask for something under the guise of providing the citizens fair notice of the continuation. He stated that there was merit to providing the citizens an opportunity to discuss the request for a continuance of the Sugarloaf Mountain DRI.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to place on the agenda for discussion a request from Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, P.A., for a continuance of PH#7A-00-3, Sugarloaf Mountain DRI, from September 26, 2000 to November 28, 2000.
Commr. Swartz stated that he would vote against placing this request on the agenda because this was not an emergency item, and the very people affected by this rezoning are not present.
Commr. Cadwell explained that it would take four votes to place this issue on the agenda.
The Chairman called for a vote on the motion, which failed by a 3 - 2 vote.
Commr. Gerber and Commr. Swartz voted in opposition.
Ms. Bonifay stated that she would like for the record and the press to reflect that the applicant was going to request a continuance at the public hearing on September 26, 2000.
OTHER BUSINESS
WOMEN'S HALL OF FAME 2000
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the ratification of Ms. Dorothy Shipes and Ms. Miriam Johnson as the 2000 Women's Hall of Fame inductees as selected by the Women's Hall of Fame Committee.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Jonathan Cherry as LifeStream Behavioral Center's representative on the Lake County Comprehensive Health Care Committee.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of William Lindemann as an engineer representative on the Board of Building Examiners to complete a term ending January 14, 2001 and to complete a successive four year term.
REPORTS
COMMISSIONER POOL - DISTRICT 2
RESOLUTIONS
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 execution of Florida 4-H Youth Development Resolution No. 2000-158.
FOR YOUR INFORMATION
Commr. Pool informed the Board that the Friends of Lake Apopka and the Lake Apopka Planning and Steering Initiative Committee will hold a final celebration on October 25, 2000, at 7:00 p.m., and documents would be brought back to the cities and County for adoption.
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 2000-159 designating October 2000 as United Way Month in Lake County.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
RESOLUTIONS
Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board and explained that the Board approved on September 5, 2000 to become the Lake County Community Transportation Coordinator (CTC) to the Florida Commission for the Transportation Disadvantaged, and the request today was for approval of the resolutions.
Commr. Swartz clarified that the Lake County Transportation Disadvantaged Local Coordinating Board has not passed a resolution recommending that the Board be designated as the CTC for Lake County as indicated under Background Summary in the backup. He brought up for discussion the fact that, in the current system, LifeStream has been the CTC and the operator, and in their on-going operations LifeStream continues to operate the system when certain revenues end by picking up non-sponsored trips. He stated that those non-sponsored trips may be in the contract or may be a cost that the County will be required to cover.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of Resolution No. 2000-160, the Lake County Board of County Commissioners of Lake County, Florida, recommends the Lake County Board of County Commissioners to be the Community Transportation Coordinator for the Transportation Disadvantaged population in Lake County; and approval of Resolution No. 2000-161, the Local Planning Agency recommends to the Florida Commission for the Transportation Disadvantaged that the Lake County Board of County Commissioners be designated as the Community Transportation Coordinator for Lake County, Florida.
RECESS & REASSEMBLY
At 12:22 p.m., the Chairman announced that the Board would recess and reconvene at 5:05 p.m. for a public hearing on the Final Budget.
FINAL BUDGET PUBLIC HEARING
BUDGETS/RESOLUTIONS
Commr. Cadwell reconvened the meeting at 5:05 p.m. for the public hearing on the final budget. He stated that the public hearing was for the purpose of amending and adopting the final budget, recomputing the proposed millage rate, if necessary, and publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate. The increase in this budget over the prior year's budget provides continuing and additional services in the areas of public safety, health care, libraries, recreational and cultural affairs, stormwater management, and a fast and reliable response to emergency situations.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to address the Board, the public hearing portion of the meeting was closed.
Ms. Sue Whittle, County Manager, publicly announced the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, as follows:
At this time, Mr. Sandy Minkoff, County Attorney, read into the record the Lake County General Fund Millage Resolution, Lake County MSTU for Ambulance and Emergency Services Millage Resolution, Lake County Stormwater Management MSTU Millage Resolution and the Final Countywide Budget Resolution.
Lake County General Fund Millage
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-162 adopting a final millage rate for Lake County for Fiscal Year 2000-2001.
Lake County MSTU for Ambulance and Emergency Services
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-163 adopting a final millage rate for the Lake County Municipal Service Taxing Unit for Ambulance and Emergency Medical Services for the unincorporated and incorporated area of Lake County for Fiscal Year 2000-2001.
Lake County MSTU for Stormwater Management
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve Resolution 1999-164 adopting a final millage rate for the Stormwater Management Municipal Service Taxing Unit for the unincorporated area of Lake County for Fiscal Year 2000-2001.
Commr. Pool stated that it was important that the County work with the St. Johns River Water Management District, and the Lake County Water Authority for a real plan. He stated that he would not support the increase in the ad valorem based on the other increases that the County has had this year.
The Chairman called for a vote on the motion, which carried 4 - 1.
Commr. Pool voted in opposition.
Lake County Final Budget
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-165 adopting a final budget for Lake County for Fiscal Year 2000-2001.
At this time, Ms. Whittle introduced the Department of Fiscal and Administrative Services Budget staff, as follows: Sarah LaMarche, C.P.A., Senior Director; Julia Wilson, Budget Coordinator; Yvonne Heitzner, Budget Analyst; and Linda Lorentz, Office Coordinator.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:25 p.m.
___________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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