The Lake County Board of County Commissioners met in regular session on Tuesday, January 22, 2002, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson stated that the Board members have received a letter regarding the Affordable Housing dollars and perhaps shifting those dollars to other purposes. She would like to have this item placed on the agenda for discussion and vote.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place the item, as noted, on the agenda for Board discussion and vote.
EDUCATION/MUNICIPALITIES
Commr. Pool recognized that Ms. Pam Saylor, Superintendent of Schools, and Mr. Scott Strong, member of the Lake County School Board, were present in the audience, as well as Mr. Mike Francis, Commissioner, Town of Lady Lake, and Mr. Milt Platt, Commissioner, Town of Lady Lake.
AGENDA UPDATE (CONTINUED)
Mr. Bill Neron, County Manager, noted that there were two addendums to the agenda today that had consent items under the County Manager's business.
Mr. Neron stated that he would like to pull Tab 5 regarding the action taken by the Industrial Development Authority (IDA) to deny a request for a Medical Office Complex noting that he wanted to meet with the Jakobs to further discuss the matter.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 5, as follows:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Contractor Bonds, as follows:
New
1349-02 Thomas M. Hart d.b.a. Hart Electric
4016-02 Dennis M. Harney d.b.a. Harney Aluminum
5232-02 David Rauh/Brierhill Homes, Inc.
5736-02 Landon S. Burr d.b.a. Burr & Tiegs Electrical
5842-02 William Shaffer d.b.a. Shaffer Electrical Contracting
5881-02 Claudio F. Garalde, Jr. d.b.a. All Phases Electrical Contracting
5882-02 Nathan D. Howell/Four Seasons Gas Services, Inc.
Cancellation
4359-01 Abbott Electric of Ocala, Inc., William Abbott, Pres.
Reinstatements
4878-02 Spencer D. Davis, Inc.
5725-02 Mark D. Pierson d.b.a. Pre-Designs, Inc.
5860-02 Daryll Carbaugh
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 2 through 22, and Addendum No. 1 and Addendum No. 2, as follows:
State Agencies/Roads-County & State/Meetings
Request to acknowledge receipt of a copy of a letter and Public Hearing Notice, from the Florida Department of Transportation, regarding the design for the proposed interchange on Florida's Turnpike at C.R. 470, in Lake County. The display notice gives the details concerning the time and place for the meeting.
Municipalities/Ordinances
Request to acknowledge receipt of copies of Ordinance Nos. 2001-29 through 2001-44, from the Town of Lady Lake, Florida.
Accounts Allowed/County Property
Request to acknowledge receipt of the list of items to be deleted from Fixed Assets for the month of January 2002, in the amount of $51,019.93.
Community Services/Budgets
Request from Community Services for approval of minor amendments to the FY 2000-05 Consolidated Plan and the Federal Fiscal Year (FFY) 2001 Action Plan changing the funding for three projects to achieve consistency between the U.S. Department of Housing and Urban Development's (HUD) Integrated Disbursal and Information System (IDIS) and the County's FY 2001-02 budget.
Accounts Allowed/Community Services/Contracts, Leases & Agreements
Request from Community Services for approval of LifeStream Behavioral Center, Inc. Annual Funding Agreement and permission to encumber funds in the amount of $18,750.00.
Contracts, Leases & Agreements/Economic Development
Request from Economic Development for approval of Agreement to award Jobs Growth Investment Trust Funds to Saddle Creek Corporation, third party logistics partner of Home Depot in the amount of $20,000.00 for the creation of ten new positions paying at least 110% of the Average Annual Hourly Wage ($11.62) or $12.78 per hour in Lake County.
Accounts Allowed/Emergency Services/Grants/Resolutions
Request from Emergency Services for approval and execution of EMS Grant Application in the amount of $51,351.90 for first responder medical and rescue equipment for Fire/Rescue and approval of Resolution 2002-8.
Maintenance/Sheriff's Department
Request from Facilities and Capital Improvements for approval and authorization for staff to execute documents for rezoning of the 94-11 Sheriff's Vehicle Maintenance Storage Area in Eustis to Miscellaneous Storage.
Accounts Allowed/Budget Transfers/Public Works
Request from Fiscal and Administrative Services for approval of budget transfer from Contingency - County Transportation Trust in the amount of $2,700.00 to Public Works, Machinery & Equipment. Additional funds are needed to purchase a Compaq Microportable Projector. This item was budgeted for $3,500.00; and additional amount of $800.00 is needed. Funds are also needed to purchase a Compaq notebook computer for the Senior Director that was not included in the budget.
Accounts Allowed/Budget Transfer/Public Works
Request from Fiscal and Administrative Services for approval of budget transfer from Special Reserve - Stormwater Management in the amount of $10,000.00 to Public Works, Aids to Government Organizations. On December 18, 2001, the Board approved funding in the amount of $10,000.00 for the WAV Program to perform various activities on behalf of the County. Funds were not budgeted for this and will need to be transferred from Special Reserve.
Accounts Allowed/Budget Transfers/Municipalities/Health Department/Clerk
Request from Fiscal and Administrative Services for approval of budget transfer from Special Reserve - General Fund in the amount of $60,000.00 to Facilities & Capital Improvements, Repair & Maintenance. Immediate roofing repairs are needed due to leaks at the Clermont Health Clinic ($13,000.00) and Clerk of Courts Retention Center ($10,000.00). Exterior wall sealing is needed for the Public Works building ($6,148.00) and the Historic Courthouse ($31,502.00).
Accounts Allowed/Budget Transfers/Government Agencies
Request from Fiscal and Administrative Services for approval of Budget transfer from Aids to Government Agencies in the amount of $173,000.00; Transfers to Other Funds in the amount of $6,000.00; and Transfers to Other Funds in the amount of $20,000.00 (total amount $199,000.00) to Community Services, Aids to Government Agencies - Tavares in the amount of $101,000.00; Aids to Government Agencies - Montverde in the amount of $75,000.00; Roadway Improvements in the amount of $20,000.00; and Aids to Government Agencies in the amount of $3,000.00 (total amount $199,000.00). This transfer is requested to increase consistency between the County books and the U.S. Department of Housing & Urban Development's Integrated Disbursal and Information System (IDIS), to establish separate accounts for the Urban County Partner projects to facilitate expenditure tracking, and to simplify bookkeeping by eliminating surplus accounts. The two Transfers to Other Funds accounts were established to pay staff costs associated with implementation of projects; however, very few of the funds were utilized due to the paperwork needed to document the transfers. The staff costs are being applied to construction costs for the subject projects. The Aids to Government Agencies account is being split to facilitate tracking of separate projects.
Accounts Allowed/Budget Transfers/Fiscal & Administrative Services
Request from Fiscal and Administrative Services for approval of Budget transfer from Contingency - General Fund in the amount of $12,714.00 to Fiscal & Administrative Services, Offices Supplies in the amount of $2,757.00; Machinery & Equipment - 3 laptop computers in the amount of $6,405.00; and Machinery & Equipment - 3 desktop computers in the amount of $3,552.00 (total amount $12,714.00). Hardware and software are needed to establish a loaner program "pool" of computers to temporarily meet the unexpected needs to departments and also provide resources for short-term telecommuting personnel.
Accounts Allowed/Grants/Libraries/Resolutions
Request from Fiscal and Administrative Services for approval of Resolution 2002-9 to amend the County Library System Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $25,000.00 from Florida Library Literacy Grant III and to provide appropriations for the disbursement for professional services, operating expenses, and machinery and equipment.
Accounts Allowed/Courts-Judges/Checks
Request from Fiscal and Administrative Services for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for December 2001. The request exceeds the County Manager's approval limit of $25,000.00 - total payment is for $27,632.00.
Accounts Allowed/Procurement
Request from Procurement for approval and authorization of a 60-month lease with Xerox Corporation to supply a DC490ST copier for the Reprographics Center in the total amount of $126,639.60 for the lease term to replace the Xerox 5100 High Volume copier in Reprographics. This represents a cost savings of $7,160.37 over the budgeted amount.
Accounts Allowed/Contracts, Leases & Agreements/Indigents
Request from Procurement for approval and authorization to award RFP 02-023, encumber funds and authorize a contract, subject to County Attorney approval, to Leigh A. Tucker to provide attorney services for the legal representation of indigents in adjudication of incompetency cases for the County at a fee of $300.00 per case plus out of pocket costs.
Accounts Allowed/Contracts, Leases & Agreements/Records Management
Request from Procurement for approval and authorization to encumber funds and authorize an Agreement for the purchase of Proprietary Records Management Software from Computing System Innovations (CSI) for the Records Management Division in the amount of $34,500.00.
Contracts, Leases & Agreements/Insurance/Risk Management
Request from Risk Management for approval to accept and signature on the Amendment to Agreement for health and fitness services provided by the Leesburg Regional Medical Center in order to comply with the Health Insurance Portability and Accountability Act (HIPAA) regulations.
Contracts, Leases & Agreements/Growth Management
Request from Growth Management for approval of an amended Development Order for the Hillcrest (a.k.a. Montverde Country Club) PUD to correct a scrivener's error in the legal description and approval to amend recent Settlement Agreement to also reflect correct legal.
Deeds/Rights-of-Way, Roads & Easements
Request from Public Works for approval to accept five Drainage Easement Deeds, two Statutory Quitclaim Deeds, one Statutory Warranty Deed and eight Temporary Non-Exclusive Easement Deeds, as follows:
Drainage Easements
Norman A. and Anna L. Cervaolo - Book 2036, Page 256 - Sunset Drive - 3-3125 - Drainage Maint. Proj.
David and Joyce Symonds - Book 2036, Page 253 - Sunset Drive - 3-3125 - Drainage Maint. Proj.
Earl F. Windhorst - Book 2042, Page 2267 - Marion County Road - 5-8010 - Road Project
Johnny and Brenda Haymond - Book 2042, Page 2257- Marion County Road - 5-8010 - Road Project
David and Rachel Stucky - Book 2043, Page 834 - Marion County Road - 5-8010 - Road Project
Statutory Quitclaim Deed
State of FL, DOT - Book 2037, Page 2010 - Warren Exchange - S. Lake Trail
Ellen and Jack Jones - Book 2042, Page 2253 - Central Blvd. - Deerhaven Internal Rd. Proj.
Statutory Warranty Deed
Lost Lake Reserve, Inc. - Book 2035, Page 1932 - Citrus Tower Blvd. - Road Project
Herbert and Linda Williams - Book 2001, Page 1111 - 44C/C 468 - Intersection Project
Temporary Non-Exclusive Easement Deed
Louise Crews - Book 2033, Page 0657 - Treasure Island Road - 1-5726 - Drainage Maint. Proj.
Alan and Linda Bradley - Book 2045, Page 2217 - Marion County Road - 5-8010 - Road Project
Alan and Linda Bradley - Book 2045, Page 2212 - Marion County Road - 5-8010 - Road Project
Daniel and Colleen Halstead - Book 2042, Page 2260 - Marion County Road - 5-8010 - Road Project
R. Allyn and Gayle Lafler - Book 2042, Page 2264 - Marion County Road - 5-8010 - Road Project
Robert and Brenda Isom - Book 2042, Page 2270 - Marion County Road - 5-8010 - Road Project
Scott Strong and Mark Strong - Book 2044, Page 90 - Marion County Road - 5-8010 - Road Project
Dennis and Janis Kay Daniels - Book 2044, Page 86 - Marion County Road - 5-8010 - Road Project
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to execute change order #1 in the amount of $8,109.25 for additional guardrail to be placed on CR 466 and #6903 Rolling Acres Road relating to the Guardrail Installation Project No. 2001-15.
Accounts Allowed/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit for maintenance in the amount of $12,518.56 that was posted for Crescent Lake Club 3rd Addition Subdivision.
Accounts Allowed/Contracts, Leases & Agreements/Resolutions
Road Projects/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Crescent Ridge subdivision, accept a Letter of Credit for maintenance in the amount of $14,140.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Highland Real Estate & Investments, Inc.; and execute Resolution 2002-10 accepting Crescent Ridge Loop (County Road Number 0835C) into the County Road maintenance system. Subdivision consists of 39 lots - Commission District 2.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Road Projects/Resolutions
Request from Public Works for approval and authorization to release a Letter of Credit for performance in the amount of $155,300.60; accept a maintenance bond in the amount of $48,683.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Siena Home Corporation; and execute Resolution 2002-11 accepting Caspian Lane "Part" (County Road Number 1047) and Woodglen Circle (County Road Number 1047A) into the County Road maintenance system all relating to the Spring Valley Phase 1 subdivision. Subdivision consists of 70 lots - Commission District 2.
Accounts Allowed/Assessments/Subdivisions
Request from Public works for approval and authorization to remove Special Assessment 694124, Forest Hills Lot 8, Block N, in the amount of $1,560.00, plus accrued interest related to Special Assessment Number 92.
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to award: Old Highway 441 Stormwater Outfall Project Number 2002-07 to South Marion Underground, in the amount of $194,149.60; and to encumber and expend $194,149.60 from the Stormwater Fund - Commission District 3.
Road Vacations - Permission to Advertise/Resolutions
Request from Public Works for approval to advertise Vacation Petition No. 979 for Stephen V. Rosin to vacate a portion of an easement in the Plat of Magnolia Island in S36, T22, R26 in the Clermont area - Commission District 2, Resolution 2002-12.
Solid Waste
Request from Solid Waste for approval of the Commercial Recycling Recognition Program to recognize businesses for their recycling efforts and to encourage continued and enhanced participation.
Accounts Allowed/Contracts, Leases & Agreements/Mental Health
Request from Community Services for approval of Agreement between Lake County and LifeStream Behavioral Center to provide local cash match for the provision of Mental Health Services in the amount of $450,000.00.
Accounts Allowed/Budget Transfers/Fiscal & Administrative Services
Request from Fiscal and Administrative Services for approval of a budget transfer in the amount of $190,000.00 from Special Reserve - General Fund to Fiscal & Administrative Services, Contractual Services. Additional funds are needed to complete the funding for the digital orthophotography project. Contingent upon approval of Agenda Item 2002-237A on January 22, 2002.
Accounts Allowed/Contracts, Leases & Agreements/G.I.S.
Request for approval from Procurement Services for approval and authorization to award REVISED RFP #02-049 to 3DI Technologies, Inc. to provide a digital orthophotography update for G.I.S., authorize a contract, subject to County Attorney approval for $390,000.00 and approve funding to complete the project from the General Fund Special Reserve in the amount of $190,000.00.
PRESENTATION -
LAKE COUNTY SCHOOL BOARD - SCHOOL RESOURCE OFFICERS
Ms. Pam Saylor, Superintendent of Lake County Schools, addressed the Board and extended her appreciation to them for allowing her and some of her staff to make a presentation today. Ms. Saylor stated that she wanted to tell the Board again how much the School Board and the school system appreciated being included in the opportunity to be involved in the sales tax initiative, and they are delighted about the possibilities that now exist in the Lake County schools, which spill over to the entire community. Ms. Saylor stated that there is so much cooperative effort going on right now between the Board and its staff, and the School Board and its staff, that has a really positive impact over the community, and it is a good indication of their efforts to try and use the taxpayer dollars prudently.
Ms. Saylor stated that her staff would like to make a presentation this morning about some of the financial aspects and ways of funding School Resource Officers (SRO). At this time, she turned the presentation over to Ms. Melanie Young.
Ms. Melanie Young, Assistant Superintendent for Administration and Human Resources for the Lake County School Board, stated that the SRO service currently exists in the school community because of a collaborative partnership among the Lake County Schools, the Lake County Sheriff's Department, and several of the local law enforcement agencies. Ms. Young noted that Mr. Jim Polk, Assistant Superintendent for Curriculum and Instruction, and Ms. Robin Neeld, SAFE Schools Coordinator, were present today and will be presenting the Board with further information.
Ms. Young stated that they were here today to request that the Board enhance the collaborative partnership that currently exists between the Lake County Sheriff's Department and the Lake County Schools, and that the Board assist with more funding for the SRO's that are provided to the District by the Lake County Sheriff's Office. At this time, Ms. Young introduced Ms. Neeld.
Ms. Neeld, SAFE Schools Coordinator, addressed the Board and noted that the Board had been presented with handout material, which included the power point presentation that she would be making to the Board. She noted that, in 1996, the headlines declared "Lake County #1 in Violence" and, according to the Florida Department of Law Enforcement (FDLE) Crime Index Report, there has been a steady decrease in juvenile crime in Lake County. As noted in the power point information, positive trends can be attributed to collaborative efforts by the Lake County School System with local law enforcement in several areas, as noted. Ms. Neeld explained that the SRO Program began 11 years ago in 1991 at Eustis High School funded by the Lake County Sheriff's Office. The Program was expanded in 1995 and funded by the Lake County School District's SAFE School Appropriations. She further explained that SROs have a shared cost and a shared benefit and most school districts collaborate with law enforcement agencies to provide SRO's and other security personnel in a school district. As noted in the handout material, the most common source of cost sharing is law enforcement agencies. She stated that 52 of the 67 Florida districts collaborate with other agencies to secure additional funding, such as COPS grants, to provide for SRO's. She further stated that 33 of the 67 Florida districts fund their SRO programs through the local law enforcement agencies. At this time, Ms. Neeld reviewed the comparison information of other Florida Counties, in terms of SRO funding, as well as the Lake County SRO's Funding Sources. Ms. Neeld stated that, according to Florida Statutes, the 2001-02 Safe School Appropriation funds the following:
Ms. Neeld stated that the Board's packet, they have several examples of safe school materials. At this time, she reviewed how the funds were expended from the year 1994 through 2001, as well as the SAFE Schools Allocation from 1998-99 (16 SRO's) through 2001-02 (20 SRO's). Ms. Neeld discussed the following current situation with the Board:
Ms. Neeld explained that the Lake County School Board cannot provide other noted activities due to the portion of Safe School dollars spent on SRO's, and it is everyone's responsibility to protect the students. The Lake County School District is requesting a collaborative partnership with the Board to provide for safe and secure schools by funding 7 to 14 of the SRO's provided by the Lake County Sheriff's Office. She explained that the 2002-03 request is as follows: The Lake County School District requests that the Lake County Commission assume at least 50% of the cost of Lake County Sheriff's Office SRO's including the additional two (2) officers that will be needed at the new AAA High School.
Mr. Jim Polk, Assistant Superintendent for Curriculum and Instruction, addressed the Board and explained that everyone wants the kids to have a safe environment when they go to school every day and, because the Lake County School District is having to spend a disproportionate amount of their SAFE School Funds for SRO's, they are not able to do other programs in the schools that are desperately needed as well. As shown in the presentation, in most of the state, it is a shared responsibility between the Board, the Sheriff's Department, and the School Board. Mr. Polk stated that they are in a situation where, in the next school year, because of the addition of two schools, they are going to have to make a tough decision about cutting SRO's from some schools, which they do not want to do and, because they know that the Board's funds are already committed for the next school year, they are asking the Board to enter into some collaboration where they can look in the future to share the cost of the SRO's.
Commr. Cadwell stated that, once they reach some type of agreement with the School Board, he would like to be able to review the SAFE School budget to make sure that, as the School Board gets additional funds or loses funds, the Board will have reasoning for the percentage that they are paying. He suggested that the School Board make a presentation yearly at budget time to review those funds.
Mr. Polk stated that the suggestion made by Commr. Cadwell was a fair request. The guidelines put out by the state say that the School Board should not spend more than about 50% of the SAFE School dollars on SRO's and, as shown, they are spending 96% of them at this time. He stated that they would like to maintain the current level of SROs and be able to staff the two new schools, which would be their request today. Then they would like to look towards the future for some type of arrangement to help reduce their funding to the 50% level.
Commr. Cadwell stated that, procedure wise, the Board would have the County Manager bring back a proposal and where those dollars would come from to finish out this year, and then the Board would look at the other request during the budget process for next year knowing that this request is on the table early for next year.
Mr. Bill Neron, County Manager, stated that it was his understanding that the Board wants staff to work with the School Board to see what types of proposals they can come up with and to see if they can develop a couple of alternatives to bring back to the Board for their consideration to fund the July 1 through September 30 aspect of their new fiscal year, which is in their budget this year, and to find the remainder of funding in their new fiscal year.
Commr. Hanson stated that they could look at the dollars that they are spending through the Sheriff's Department, or through the after school programs, because it may be that those dollars could be leveraged in a different way, but they need to look at the total picture of funding.
Mr. Polk stated that the School Board will get with Mr. Neron and his staff and work towards that goal. He stated that they appreciate the work done by the Sheriff's Department and the local police departments. He noted that these departments are with them in this venture, because they also want to maintain the level of service they have at this time.
Commr. Hanson stated that approximately one half of the students come from the unincorporated area, and the other half come from the incorporated area, so that may be something for them to look at as they move forward to find that balance, both with the cities and the County.
Commr. Hill stated that the Citizens' Commission for Children allocates quite a few dollars for after school programs, and they also partner with the School Board for the Stop Truancy and Adolescent Risk (S.T.A.R.) program. She does agrees that they need to look at everything that the County is funding in this area.
Commr. Stivender stated that the Parks and Recreation Committee also gives funding for the after school programs.
Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to direct the County Manager to bring back to the Board a proposal, in regards to funding the rest of this school year with those School Resource Officers (SRO's), and an analysis of all of the funds that the Board jointly spends with the School Board, whether it be for recreation or children services, to be included in that same report, and with the understanding that the request is on the table for next year's budget during the Board's budget process.
Under discussion, Mr. Neron stated that he would also like to work with the Sheriff, because there may be some grant opportunities that they are not aware of where they can leverage some of these dollars over time.
Commr. Hanson stated that it may be helpful if the Chairman would also work with the County Manager.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
PUBLIC HEARINGS -
ORDINANCES - AMENDMENT TO LAKE COUNTY CODE TO INCLUDE GUIDELINES FOR DEVELOPMENT OF LAKE APOPKA BASIN
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that this is the first public hearing on this ordinance and, because it changes land uses, it will require a second reading should the Board approve it today:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING CHAPTER 6.15.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, TO BE ENTITLED LAKE APOPKA BASIN DEVELOPMENT DESIGN AND RESOURCE PROTECTION STANDARDS; PROVIDING FOR DEVELOPMENT STANDARDS FOR THE LAKE APOPKA BASIN; PROVIDING THAT NON-RESIDENTIAL USES WITHIN THE BASIN SHALL BE LIMITED TO COMMERCIAL AND CIVIC USES ONLY; PROVIDING THAT AGRICULTURAL FACILITIES AND HIGH INTENSITY COMMERCIAL USES SHALL BE PROHIBITED; PROVIDING THAT INDUSTRIAL USES SHALL BE RESTRICTED TO 1320 FEET ON EITHER SIDE OF STATE ROAD 50; PROVIDING THAT ONLY SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE PERMITTED WITHIN ONE-HALF MILE OF THE SHORELINE UNLESS PART OF AN APPROVED PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONSERVATION EASEMENTS; PROVIDING FOR A NO-BUILD ZONE; PROVIDING FOR THE REMOVAL OF CERTAIN AQUATIC PLANTS WITHIN AN AREA DELIMITED BY FIFTY PERCENT OR ONE HUNDRED FIFTY FEET (150) ALONG THE LENGTH OF THE SHORELINE; PROVIDING THAT ALL SEPTIC SYSTEMS BE PLACED A MINIMUM OF ONE HUNDRED FIFTY (150) FEET FROM ANY WETLAND OR WATER BODY; PROVIDING THAT CENTRAL WATER/WASTEWATER SYSTEMS SHALL BE REQUIRED FOR ALL SUBDIVISIONS REVIEWED THROUGH THE PLANNED UNIT DEVELOPMENT PROCESS OR THE DEVELOPMENT OF REGIONAL IMPACT PROCESS; REQUIRING ALL NEW DEVELOPMENTS TO DESIGN STORMWATER MANAGEMENT SYSTEMS IN ACCORDANCE WITH THE OUTSTANDING FLORIDA WATER PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director of Growth Management, stated that staff has provided the Board with a memorandum with four suggested changes to the proposed ordinance. Ms. Farrell referred to Page 3, Line 9, and stated that there was some language exempting cities, and there is not a need to do that by the County's own code. Also on Page 4, Line 8, the words "Lake County" are not necessary. She referred to Page 8, Lines 38-39, and stated that this language is not necessary because of the stormwater design criteria that is found later in the ordinance. On the top of Page 4, Line 1, Ms. Farrell explained that a design ordinance does not necessarily need to address permitted land uses. Ms. Farrell noted that the Friends of Lake Apopka are present today, as well as Mr. Allan Hewitt, Director of Water Resource Management.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Mr. Jim Thomas, Friends of Lake Apopka, addressed the Board and stated that the Friends of Lake Apopka have been in business since 1991, and their goal has been the restoration of that lake. They feel that the lake will be restored, and they do not want the lake destroyed by development pollution after it is restored. Mr. Thomas stated that this is the concern that brought them to this process. Mr. Thomas stated that the ordinance is based on the best scientific data they could find and the best professional input, with Commr. Pool being kind enough to serve as the Chairman of the Task Force. He stated that the ordinance, based on these guidelines, looks very good to them, and they are very happy with that process. Mr. Thomas stated that the data is very well documented, and he would encourage the Board to pass this ordinance and to look at it in terms of the rest of the County and what they can do with undeveloped lake areas in the County. He explained that they did not try to address anything about existing developments; they simply encourage retrofit where possible. He pointed out that two developments, one in the City of Ocoee which has a considerable amount of lake front, and Pine Island, have agreed to follow these guidelines. Mr. Thomas stated that they appreciated the input and help they received from the Board.
Commr. Pool recognized Ms. Helen Pearce, Mayor of Montverde, who was present in the audience.
In response to questions from Commr. Hanson, Mr. Thomas explained that they had agreed to use the official basin boundaries, and they recognize that there are parts of that boundary, for example Clermont, where the only connection to Lake Apopka is subsurface water. They tried to address those differences in the guidelines, and they would certainly not see the restrictions in Clermont that they would see on a lakefront piece of property, but they agreed to use the basin boundaries as established by the St. Johns River Water Management District (SJRWMD).
Commr. Pool stated that he met with Mr. Kirby Green, Executive Director of the SJRWMD, and talked about that very issue. He stated that they are trying to protect Lake Apopka and, while the basin is quite expansive, his concerns were of the Outstanding Florida Waters (OFW) designation for the basin, when it mandates that they have 50% larger stormwater facilities that may be miles away from the lake. He stated that Mr. Green agreed that this was not the intent, but it is the surface waters in and around the lake that are their concern.
Commr. Hanson referred to the language on Page 4, A. 3. "All new commercial and industrial uses shall be restricted" and stated that, in the Wekiva Basin, they have actually vested what was existing zoning, and she can see that this may be a problem.
Ms. Farrell explained that the Land Development Regulations (LDRs) would still have the non-conforming use language, and they would still have the vested rights language.
Commr. Cadwell questioned whether this ordinance supercedes the County's vesting language, or the non-conforming use language.
Mr. Minkoff responded that the ordinance would not supercede the noted language, but a vacant piece of property would certainly not be non-conforming and it may or may not be vested depending on what had been done by the developer to get ready for development.
Commr. Hill stated that she attended the Friends of Lake Apopka meeting, and she felt it was a very balanced board that put this together, and she has no problem with the guidelines. She stated that Pine Island has already adopted these guidelines within their development, but she feels that they are taking this one step further and creating law and, when she attended their meeting, they had made it very clear that they wanted to encourage the guidelines, and they were not looking for law. She stated that the state, in this session, has a bill that Representative Nancy Argenziano is planning to introduce and, if that becomes law, she questioned how that would affect this ordinance. She explained that Lake County is a minute part of Lake Apopka, with Orange County being the majority. If they choose to go with the state law, and Lake County has its own local law, she questioned how this would affect them. Commr. Hill stated that there are a lot of different ideas as to how to restore that lake, and there are a lot of alternative means to restoration, and she does not want to prohibit, or hinder, those studies, but she questioned whether they were premature according to the state law.
Mr. Minkoff stated that he would have to see the language of the bill and see what is passed before he could answer that question. He explained that the state could supercede the County, if their ordinance was intended to do that, but if it did not do that, then the County could have a more strict code than the state law. It could not be more lenient, but the County could be more strict, unless the state intended to supercede local regulations.
Mr. Thomas stated that they do not want this to have a negative effect on any restoration plan, but what stimulated this was the tremendous activity that they saw all the way around the lake. He stated that they have already begun a new study to identify green ways and trails and eco-tourism opportunities and recreation opportunities, and they will be coming back to the Board with a conceptual plan with those guidelines.
Mr. Neron addressed Section 6.15.03, A. 3., and noted that staff had recommended deleting that section in its entirety, because it is covered in the LDRs. He stated that, from a jobs creation standpoint, when you have 1320 foot wide corridor that has no baring necessarily to property lines, he is concerned that they might limit some opportunities there. If they are covered by language in other areas of the development code, he would encourage that the Board go ahead and delete that language rather than adding an unintentional artificial barrier.
Commr. Pool addressed Page 6, Section 5.15.06 Stormwater Standards, and stated that they need to make sure they are not trying to mandate OFW stormwater.
Mr. Kirby Green, Executive Director of the SJRWMD, addressed the Board and stated that they are in the process of adopting a rule on stormwater development in the Lake Apopka Basin, and they do not want to include stormwater management that is away from the basin in the requirements for OFWs, so they will be looking at ways to modify their rule to be consistent.
Ms. Eloise Fisher addressed the Board and stated that she is representing Lake County Rail Trails, Inc., and she wanted to state how much they appreciate what Lake County has been doing and particularly Commr. Pool's work on this project. Ms. Fisher stated that they are looking ahead to the days when they do have those green ways and trails around the lake. She wanted the Board to know that they were behind them.
Commr. Pool noted for the record that Mr. Rich Dunkle of the Lake County Rail Trails, Inc. sent a letter stating that they would support every effort for the trail around that lake.
Mr. Glen Burns, Montverde, addressed the Board to state his support for the ordinance. Mr. Burns stated that, if Lake Apopka is restored to anything like it used to be, it will be an international resource. He stated that every effort needs to be taken to get it clean and to keep it clean.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
In order to address issues being discussed, Ms. Farrell suggested that the Board defer Section 6.15.06 (Page 6), B. and change A to defer to the SJRWMD.
Mr. Minkoff stated that, if the Board does make the change in Section 6.15.03, staff will have to rewrite A. 1 to make it clear that industrial uses are also allowed in accordance with current zoning, and this change will be made between the first and second reading of the ordinance, as well.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the first reading of the ordinance regarding the Lake Apopka Basin Development Design and Resource Protection Standards, as amended, and as read by title only.
Mr. Minkoff noted that the second hearing will be held at 5:05 p.m. in February or March.
Commr. Pool extended the Board's appreciation to all who took part in the development of the proposed ordinance, and to Mr. Thomas for his many years of commitment to Lake Apopka.
PUBLIC HEARING -
ORDINANCES - SWIMMING POOL AND HOT TUB SETBACKS AND CANVAS STRUCTURES
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-1, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER X, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ACCESSORY AND TEMPORARY STRUCTURES AND USES; AMENDING SECTION 10.01.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SWIMMING POOLS, HOT TUBS AND SIMILAR STRUCTURES; CLARIFYING THAT THE WALL, FENCE OR OTHER SUBSTANTIAL ENCLOSURE PROVISIONS APPLY TO HOT TUBS AND SIMILAR STRUCTURES; PROVIDING THAT ENCLOSURES AROUND HOT TUBS AND SIMILAR STRUCTURES SHALL BE CONSIDERED A PART OF THE PRINCIPAL STRUCTURE; CREATING SECTION 10.01.07, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED TUBE AND CANVAS STRUCTURES; PROVIDING AN EXEMPTION FROM PERMITTING FOR CERTAIN TUBE AND CANVAS STRUCTURES LOCATED IN RESIDENTIAL AND AGRICULTURAL ZONING DISTRICTS; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE PROVIDING AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director of Growth Management, explained that the swimming pool, hot tub section is basically to take out any reference to building codes, and staff added the following language to Section 10.01.03 A. C: "meet the requirements of the Florida Building Code and state statutes." She stated that, in regards to Section 10.01.07 Tube and Canvas Structures, staff has been working on some code enforcement issues for a number of months, so staff developed the language that still meets the intent of the building code. She noted that Planning and Zoning recommended approval of the proposed ordinance.
Commr. Hanson stated that she appreciated Ms. Farrell and staff working on this ordinance. She stated that the particular issue she had in her district actually involved the temporary tube and canvas structures, and it created a very intense neighborhood issue.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 2002-1, as read by title only.
PUBLIC HEARING -
ORDINANCES - AMENDMENT TO LAKE COUNTY CODE TO PROVIDE FOR EXEMPTIONS FOR AGRICULTURAL PROPERTIES FOR EXCAVATED MATERIAL
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-2, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 6.06.01(F), LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED EXEMPTIONS; PROVIDING AN EXEMPTION FOR AGRICULTURAL USE PONDS WHERE THE POND IS LOCATED IN UPLAND AREAS; PROVIDING FOR AN EXEMPTION FOR AGRICULTURAL USE PONDS WHERE THE POND IS LOCATED SOLELY WITHIN ONE OWNER'S PROPERTY; PROVIDING FOR AN EXEMPTION FOR AGRICULTURAL USE PONDS WHERE OFFSITE DRAINAGE IS NOT AFFECTED; PROVIDING FOR AN EXEMPTION FOR AGRICULTURAL USE PONDS WHERE THE EXCAVATED MATERIAL IS NOT REMOVED FROM THE PROPERTY; PROVIDING FOR AN EXEMPTION FOR SHORELINE EXCAVATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director of Growth Management, explained that this is a straight forward ordinance to provide for some exemptions. The criteria is one acre in size, but you can take it off site, but only for agricultural properties.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance 2002-2, as read by title only.
PRESENTATION -
WATER SUPPLY BY KIRBY GREEN, EXECUTIVE DIRECTOR, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Mr. Kirby Green, Executive Director, St. Johns River Water Management District (SJRWMD), addressed the Board and stated that he has been with the SJRWMD for about six months. Mr. Green stated that previously he was with the Department of Environmental Protection in Tallahassee where he was the Assistant Secretary of the agency for a number of years. He stated that, in 1997, the Florida Legislature mandated that the water management districts prepare a water plan that projected out water needs for 20 years, to determine whether or not there were areas where they would need to develop alternate resources, and how they would implement such a plan, and the plan was adopted in 2000. From the plan, it was determined that the projections for a 20 year need were going to be met much sooner. Right after they had the 2020 water plan adopted, the district had consumptive use permit requests for 18 utilities within this area that increased the use of groundwater by about 230 million gallons a day. By Statute they have to start looking at those impacts and determining whether or not those impacts are to the degree that it would cause an environmental impact to the surface and, if so, they would have to require the applicant to look for alternative water sources. Mr. Green stated that they believe that there are plenty of water resources, and they can meet the sustainable water needs of the state but, as a group, they are going to have to prepare for the future and look at alternative sources of water, in order to find better ways to conserve water. He stated that they are going to have to rely more on reuse water, and they are going to have to work with the Board and other local governments to assure that those needs are met.
Mr. Green stated that, in the immediate future, there are going to be a couple of opportunities for the Board to participate in regional activities where they will begin to discuss those water needs and alternatives. The first of those opportunities will be January 31, 2002, in Orlando at a Regional Water Summit, and Mr. Green encouraged the Board to participate in that summit. He noted that there is a second meeting being planned in Lake County around February 20, 2002, where the Lake County Board of County Commissioners and the Lake County Water Authority will meet and talk about water issues within Lake County.
Mr. Green stated that they are here today to tell the Board that they feel they have time to plan alternative sources and time to make those sources available to meet their needs. They have some booklets to leave with the Board, as well as the general public, which include the Executive Summary of the 2020 Water Plan and maps that show impact areas, draw down areas, and areas of concern. To address concerns that have been expressed in the past about not having any water, Mr. Green stated that water supply is there, and they are going to have to develop the alternative sources. Those sources will not be as expensive as using groundwater, and you will have to pay more for water in Florida, but there is plenty of water, and it is just the matter of planning for it, so that they will be able to have it when the citizens need it.
Commr. Cadwell stated that the meeting that Mr. Green referred to earlier will be January 31, 2002, from 1 p.m. to 4 p.m. at the Orange County Convention Center, and Orange County is advertising it as a public meeting. It was noted that staff will also be advertising it as a public meeting.
Commr. Stivender noted that the Commissioners were scheduled to be in Tallahassee on February 20, 2002.
Mr. Mike Perry, Executive Director of the Lake County Water Authority, stated that, if February 20, 2002 is not appropriate for the Board, they can certainly work with other dates. It was noted that he would check with staff to confirm their schedule.
Commr. Hanson stated that the water sources that Mr. Green is discussing would probably be directed at the urban areas, those areas with utilities, and she questioned how they would propose dealing with the water shortages in those areas where wells are used.
Mr. Green stated that, in the unconsolidated areas where people are having to depend on self supply, they are just going to have to let those people continue to use those water resources. He stated that unfortunately at the regional level, they do not have the ability by statute to regulate their use and, until they decide that they need to regionalize and get them on a system, they are going to have to accommodate their uses individually. He explained that those areas are so spread out and the residents are so disbursed that it is not economically feasible to try to reach them with some type of centralized water system.
Commr. Stivender stated that she and the County Manager and the Deputy County Manager met with Mr. Green and Mr. Perry this morning to talk about Sugarloaf Mountain in hopes that they can join together and partner, since the St. Johns abuts part of Sugarloaf Mountain, and they were very optimistic about that possibility.
Mr. Green stated that it was his understanding that the Board is putting together a plan right now that will look at ways that Sugarloaf Mountain can play into a regional park system, or some type of a trail system and, to the extent that they can participate and meet their goals, they will be interested in how that works out and how they can assist.
Commr. Pool stated that the Board appreciated the comments from Mr. Green regarding Sugarloaf Mountain, because it is a major recharge area, and an opportunity for recreational amenities, as well as some development, and there may be a win-win situation by partnering with different entities.
RECESS & REASSEMBLY
At 10:13 a.m., Commr. Pool stated that the Board would recess until 10:30 a.m.
WATER RESOURCES
Commr. Pool stated that, along with the report from Mr. Kirby Green, Executive Director, St. Johns River Water Management District, he wanted to apologize for not recognizing Mr. Lee L. Knowles and Mr. Andy O'Reilly, hydrologists from the U.S. Geological Survey Department.
Mr. Lee L. Knowles, U.S. Geological Survey Department, addressed the Board and stated that recently they have been involved in a study defining the County's water resources and simulating the draw downs from projected water use in the year 2020 for Lake County and the Ocala National Forest. He explained that, as scientists, they collect the data and give it to the agencies that are in the position of making management decisions. Mr. Knowles stated that the comments made by Mr. Green are accurate, but he did want to mention that, in terms of water quality, some areas of Lake County have water that is not as clean, particularly on the western shore of Lake Apopka, and the southern shore of Lake Harris, that could pose a health risk if consumed. He explained that, between 1995 and 2000, they measured a number of flowing wells and streams in those areas that had elevated nitrates, and he wanted to say that the quality should also be considered as well as quantity.
REZONING
CASE PH#2-02-1 - MABLE WRENN/JAMES ROBSON (TERRI GRINER)
TRACKING #9-02-Z - R-6 TO R-7
Ms. Sharon Farrell, Senior Director of Growth Management, presented the Board with a request for rezoning from R-6 (Urban Residential) to R-7 (Mixed Residential) to allow for the placement of a mobile home in the Bassville Park area. The property is located in the future land use urban expansion; it meets the Comprehensive Plan and Land Development Regulations (LDRs); and it was approved by Planning and Zoning 8-0. Ms. Farrell noted that there was one letter of concern in the backup about any rezoning on Ranch Drive in Haines Creek, but staff is recommending approval of the request.
CASE PH#6-02-3 - HANG JU CHON & YOUN SU CHON (JIMMY CRAWFORD, GRAY, HARRIS & ROBINSON, P.A. - TRACKING #1-02-CFD - A TO CFD
Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that Mr. Jimmy Crawford, Gray, Harris & Robinson, P.A., has requested a 30 day continuance of Case PH#6-02-3, Hang Ju Chon & Youn Su Chon.
Commr. Pool opened the public hearing and called for comments regarding the request for postponement. It was noted that there were several individuals in the audience in opposition to the request. At this time, they requested clarification of the request being made today.
Mr. Jimmy Crawford, Attorney representing the applicant, addressed the Board and stated that an issue came up regarding the currentness of their hydrogeologic study upon which they were relying. They have rehired the hydrogeologist to update that study, and it was not completed in time to distribute to staff and the neighbors. Mr. Crawford stated that he did work with one of the neighbors to let them know about the postponement. The study will be completed in two weeks, and he will distribute it to the neighbors and County staff.
It was noted that the individuals present were satisfied with the request.
There being no further comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved a 30 day postponement, until February 25, 2002, at 9 a.m., or soon thereafter, as requested by the applicant, in Case Ph#6-02-3, Hang Ju Chon & Youn Su Chon, Jimmy Crawford, Gray, Harris & Robinson, P.A., Tracking #1-02-CFD.
CASE PH#2-02-1 - MABLE WRENN/JAMES ROBSON (TERRI GRINER)
TRACKING #9-02-Z - R-6 TO R-7 (CONTINUED)
Ms. Sharon Farrell, Senior Director of Growth Management, noted once again that Case
PH#2-02-1, Mable Wrenn/James Robson was approved by Planning and Zoning and staff is supportive of the change from R-6 (Urban Residential) to R-7 (Mixed Residential).
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Hill made a motion to uphold the recommendation of the Planning and Zoning Commission and approve Case PH#2-02-1, Mable Wrenn & James Robson (Terri Griner), a request for rezoning from R-6 (Urban Residential) to R-7 (Mixed Residential) to allow for the placement of a mobile home, Tracking #9-02-Z, Ordinance 2002-3.
Under discussion, Commr. Hill clarified that, if the Board members had read the minutes from the Planning and Zoning Commission meeting, there was a question about environmental concerns, and they had addressed those issues. She noted that the responsibility resides with the landowner, in regard to scrub jays.
Commr. Stivender seconded the motion.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
CASE PH#4-02-3 - D. P. TRUST (JAN POTTER) BRUCE G. DUNCAN, POTTER, CLEMENT, LOWRY & DUNCAN - TRACKING PH#4-02-3 - AMENDMENT TO MP
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request for an amendment to MP (Planned Industrial) for a warehouse distribution center and stated that this request came through in 2000. Ms. Farrell stated that there was an old cooler operation at this site, and most of the lands around the site have been purchased by the St. Johns River Water Management District (SJRWMD). Staff tried to work it so that they could do warehousing, but there was some language in the ordinance that made it difficult to market the property, and the applicant wanted to limit some of the restrictions in the original ordinance to make the property more marketable. Ms. Farrell referred to Page 2 of the proposed ordinance and noted that there were some words stricken from the language, so that the applicant can find a suitable user, and staff supports those changes.
Commr. Cadwell stated that, when the request originally came to the Board, they had no problems with it.
Mr. Bruce Duncan, Attorney representing the applicant, addressed the Board and noted that a correction needed to be made to Page 2 of the proposed ordinance. In Section 1. 1., he stated that the word "dyes" should be stricken and not the word "papers". He stated that his client has tried to market the property for a number of years, and he agrees with staff that this language will allow for some light manufacturing.
Commr. Stivender disclosed that she met with Mr. Potter about six months ago on this issue, and she suggested that he come back and amend his request.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#4-02-3, D. P. Trust (Jan Potter), Bruce G. Duncan, Potter, Clement, Lowry & Duncan, a request for an amendment to MP (Planned Industrial) Ordinance #2000-1, for a warehouse distribution center, as amended, Tracking #6-02-MP/AMD, Ordinance 2002-4.
CASE PH#81-01-2 - JOHN F. HYCHKO - CENTRAL FLORIDA PRESBYTERY (C/O WILLIAM "TAG" SMITH - TRACKING #154-01-CFD - R-6 + CUP#267-3 AND CUP#267-3A TO CFD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request for rezoning for the construction of a church, multipurpose building and accessory uses and stated that staff is recommending approval. She noted that Planning and Zoning recommended approval as amended, to add language to the ordinance to provide for shading of lighting from nearby residences.
Commr. Pool opened the public hearing and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Pool stated that the request is in his district and he supports it.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#81-01-2, John F. Hychko, Central Florida Presbytery (c/o William "Tag" Smith), a request for rezoning from R-6 + CUP#267-3 and CUP#267-3A to CFD (Community Facility District) for construction of a church, multi-purpose building and accessory uses, Tracking #154-01-CFD, Ordinance 2002-5.
CASE PH#7-02-4 - LIGHTHOUSE BAPTIST CHURCH - MICHAEL WATKINS, PASTOR - TRACKING #4-02-CFD - CUP#896-4 IN R-1 AND R-1 AND AGRICULTURE TO CFD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request for revocation of CUP#896-4 in R-1 (Rural Residential) and rezoning from R-1 and Agriculture to CFD (Community Facility District) to include land for future expansion to the existing church and day school and stated that staff is recommending approval of the request. She noted that there is some correspondence from the City of Eustis in the backup.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Cadwell noted for the record that there was a letter of opposition from Mr. Eric Goldsmith and Ms. Lorraine Goldsmith in the backup.
Commr. Hill questioned why the applicant has more terms than land restrictions.
Ms. Farrell explained that the existing buildings had to be included and there are no buildings on the land designated for future expansion.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#7-02-4, Lighthouse Baptist Church, Michael Watkins, Pastor, Tracking #4-02-CFD, a request for revocation of CUP#896-4 in R-1 (Rural Residential) and rezoning from R-1 and Agriculture to CFD (Community Facility District) to include land for future expansion to the existing church and day school, Tracking #4-02-CFD, Ordinance 2002-6.
CASE SLPA#02/1/1-3 - RUSSELL L. AND MARTHA CRAIG - LESLIE CAMPIONE - TRACKING#3-02-SLPA - SMALL SCALE COMPREHENSIVE PLAN MAP AMENDMENT - URBAN EXPANSION TO RURAL
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request for a small scale comprehensive plan map amendment, to change the land use designation from urban expansion to rural, and stated that the applicant has a desire to do a family lot split. It is consistent with the future land use, and staff is recommending approval of the request. Ms. Farrell noted that there was no opposition and Planning and Zoning recommended approval of the request.
Commr. Pool opened the public hearing and called for public comment. He noted that Ms. Leslie Campione, Attorney representing the applicant, was present. There being no public comment, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that the approval of the request will allow the applicant to do a family lot split, and they will not need any variances.
Commr. Hanson stated that this is a change to the land use map, but it is going back to lower density than what had been allowed under the urban expansion and, since it is consistent with the Comprehensive Plan, she would be in favor of it.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case SLPA#02/1/1-3, Russell L. and Martha Craig, Leslie Campione, the request for a small scale comprehensive plan map amendment to change the land use designation from urban expansion to rural, Tracking #3-02-SLPA, Ordinance 2002-7.
CASE PH#5-02-4 - L. J. NORMAN - LESLIE CAMPIONE - TRACKING #5-02-Z - DELETE ACREAGE FROM PUD/CUP AND REZONE TO A
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request to delete 35 acres from an overall PUD/CUP and rezone to A (Agriculture). Ms. Farrell explained that the applicant will be taking the corner of Round Lake Road and Wolfbranch Road and converting it for residential use. In doing the research, staff found that they had included more property than the applicant had requested, and staff is recommending approval of the change and the deletion of the property from the PUD. She noted that Planning and Zoning also supported the change.
Commr. Pool opened the public hearing portion of the meeting and called for public comment.
Ms. Leslie Campione, Attorney representing the applicant, addressed the Board and stated that the purpose of this request is to allow L. J. Norman's son to build a home on this 35 acres. It is a significant down zoning, as the property currently has a CUP and a PUD that would allow residential development on the entire site, once the mining is finished on the rest of the property. Ms. Campione stated that the language in the legals are accurate and the acreage that was referenced initially was the only thing that was in error.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#5-02-4, L. J. Norman, Leslie Campione, a request to delete 35 acres from an overall PUD/CUP and rezone to A (Agriculture), Tracking #5-02-Z, Ordinance 2002-8.
Commr. Hanson stated that this request would actually be smart growth, because it creates more of a buffer from the roads surrounding a potential subdivision.
CASE PH#3-02-5 - LAKEVIEW TERRACE RETIREMENT CENTER - TRACKING #10-02-CFD/AMD - AMENDMENT TO CFD AND CFD AND CP WITH C-2 TO CFD
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request to merge the applicant's existing ordinances. Ms. Farrell explained that the request involves a 94 acre parcel in Umatilla, and it is a retirement facility that has been there since the early 1970s. Staff has met with the applicant several times, and they would like to have an ordinance that makes it clear in terms of signage for their current tenants and their future tenants on the commercial site. Ms. Farrell stated that staff has an exhibit (Exhibit A) that shows three sites and, on Page 4, it states Location 1, Location 2, and Location 3 and, after meeting with the applicants again, staff needs to make some changes that really do no affect the ordinance. She explained that their request actually meets the current code, but they want to see it in print in the ordinance, and staff does not have a problem with the request. She noted that the following changes needed to be made on Page 4:
Location 1 - change 10 to 20
Location 2 - change 48 to 60
Location 3 - change 30 to 60
Location 3 - c. - 8 to 10
Commr. Pool opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present. There being no public comment, the public hearing portion of the meeting was closed.
Ms. Farrell explained that there is a billboard on Highway 19 that will be removed as part of this change, and a lot of this did not need to go through public hearing, but the applicant wanted the ordinance cleaned up for future users.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#3-02-5, Lakeview Terrace Retirement Center, a request for an Amendment to their CFD and rezoning from CFD (Community Facility District) and CP (Planned Commercial) with C-2 (Community Commercial) to CFD (Community Facility District) to allow for the continuation of the existing uses of a residential retirement community with associated uses, as amended, Tracking #10-02-CFD/AMD, Ordinance 2002-9.
CASE CUP#02/1/1-5 - KENNETH E. ACRE, SR., D.V.M. - STEVEN J. RICHEY, P.A. TRACKING #7-02-CUP - CUP IN A
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request and stated that this is a 30 acre parcel in East Lake County. The request is to operate a veterinary clinic on the site. Ms. Farrell stated that staff reviewed the Comprehensive Plan and the Land Development Regulations (LDRs) and Florida Statutes and, with the conditions, staff is recommending approval of the request. Staff is not aware of any opposition, and it was approved at Planning and Zoning 8-0.
Commr. Pool opened the public hearing and called for public comment.
Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that, before the meeting, he met with Ms. Farrell to discuss a concern that Dr. Acre had after the Planning and Zoning Commission meeting. Dr. Acre felt he needed a little more help with large animals than the one person. Mr. Richey stated that they agreed that, as a special condition, they could have up to three people outside the immediate family to be available to assist Dr. Acre in the clinic. Mr. Richey stated that this would be the only change in the ordinance.
Commr. Hanson disclosed that yesterday she had a conversation with Mr. Richey regarding the increased numbers.
Mr. Richey noted for the record that there was one letter of support, which was attached to the backup.
Commr. Pool called for further public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case CUP#02/1/1-5, Kenneth E. Acre, Sr., D.V.M., a request for a CUP in A (Agriculture)/A-1-20 - Receiving Area #1 to allow a veterinary clinic to be operated from an existing residence, as amended, to allow up to three people outside of the immediate family to assist the applicant in the clinic, Tracking #7-02-CUP, Ordinance 2002-10.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Hill discussed the applicants that applied for the vacancy on the Citizens' Commission for Children and noted that she did not have a recommendation from the Commission itself.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Dr. Mary Anderson to fill the vacancy in District 1 on the Citizens' Commission for Children.
REPORTS - COUNTY MANAGER
CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney, explained that this request came under the County Attorney's business, because they began a foreclosure in this case and staff is recommending approval of the Settlement Agreement between Lake County and Marian Edwards, which recovers the cost of enforcement. He noted that the property is currently in compliance.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of Settlement Agreement between Lake County vs. Marian Edwards, County Court Case #01-1393CC, and approval of Satisfaction and Release of Lien.
COUNTY PROPERTY/ELECTIONS
Mr. Sandy Minkoff, County Attorney, stated that there was a request from the Supervisor of Elections to declare the older voting equipment as surplus. Mr. Minkoff stated that she does not anticipate that there will be a market for it, but she does want to try and solicit bids over this 90 day period.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval that the older voting equipment be declared surplus, and to authorize the Supervisor of Elections to advertise for bids to sell the equipment.
REPORTS - COUNTY MANAGER
PRESENTATION - REPORT RELATING TO THE LADY LAKE FIRE PROPOSAL
Mr. Bill Neron, County Manager, stated that the Board members have received a copy of the County Manager's Report on the Villages Fire Protection Proposal dated January 15, 2002, but, for the record, he would like to review the report with the Board. Mr. Neron extended his appreciation to Chief Terry Seawell, Emergency Services, and his staff, as well as Mr. Jim Judge, Executive Director of Lake Sumter Emergency Medical Services, for their hard work in pulling some of the numbers and statistics together.
Mr. Neron stated that, in mid-December, 2002, the Village Center Community Development District (District) presented a proposal to the Town Commission of the Town of Lady Lake, for the District to become responsible for the provision of fire protection services within the Lake County portion of the Villages and county enclaves by forming its own separate Municipal Services Benefit Unit (MSBU). In addition, the Town of Lady Lake requested information, or a response, from Lake County as to what the County would propose to do with Station 61, which is currently located in the Town of Lady Lake, if this proposal is approved. Mr. Neron stated that the purpose of the report is to present some information and alternatives to the Board for their consideration with regard to this matter.
Mr. Neron explained that the District's proposal would basically provide that the Villages Public Safety Department become the contract provider to furnish fire protection and emergency medical quick response services to the Lake County Villages areas and enclaves. The proposal provides for the construction of a new fire station in the Villages area that would be manned by two firefighter/paramedics and one firefighter/EMT on a 24 hour basis seven days a week. The proposal from the District guaranteed a four minute average response time to E-911 calls generated within the proposed service areas. A new and separate MSBU for the Villages portion of the Town would be created to specifically fund the services. The non-Villages portion of the Town would still remain a part of the Lake County's MSBU under the District's proposal.
Mr. Neron stated that the District's proposal calls for an initial assessment of $56 per residential unit, and commercial property within the service area would be assessed at the current rates. The proposal also provides that additional revenues would be provided to the Villages Public Safety Department by a transfer of general revenues from the Village Center Community Development District, based on an estimate of $43.06 per residential unit within the service area. He stated that this would then make the Villages portion at the same MSBU rate as provided in Sumter County and Marion County, and it would still be about the same, $99 as currently provided to the Lake County citizens.
Mr. Neron stated that he had asked Mr. Minkoff, County Attorney, for legal considerations with regard to this matter. As noted in the report, the original MSBU ordinance for the unincorporated area and also encompassing the entire Town of Lady Lake was adopted in 1990, with amendments being adopted in 1991 and 1998. Mr. Minkoff's opinion was as follows: "In a case where a municipality wishes to withdraw only a portion of the area which previously was in the assessment program, it would be best to have the request treated as a full withdrawal with a new request for the more limited area." In effect, you would delete the current MSBU and create a new MSBU for the remaining portion of Lady Lake that the County would continue to serve. If this is the direction of the Board, it would require that the Board and the Town of Lady Lake both concur to the proposal.
Mr. Neron stated that staff identified four issues for the Board to take into consideration, the current level of services being provided in the County for fire MSBU; service levels and response times within the affected area; the fiscal impact; and equity considerations. At this time, Mr. Neron reviewed the detailed information in the report pertaining to the four issues noting that the County is manning 21 fire stations with 12 fully staffed on a 24/7 basis and nine stations manned by volunteers. The County has two new stations coming on line this year, one a replacement for an existing station, the other is a new station. After this year's budget, the County will be operating 22 fire stations including 13 fully staffed and nine operated by volunteers. Mr. Neron stated that, based on the current level, the County is providing a basic level of response consistently throughout the entire fire district. The 2002 FY budget is about $16 million of which approximately $5.4 million is for Capital Outlay.
Mr. Neron stated that one of the issues of concern that brought this to the forefront was response time for emergency medical services. He stated that, while there are no national standards that have been formally adopted, it is roughly the National Fire Protection Association (NFPA) who recommends arrival at a suppression incident within four minutes and/or eight minutes for the first full alarm assignment, 90% of the time. Mr. Neron explained that dispatching services for Lake County Fire Rescue are provided by Lake Sumter EMS, so they relied on their data for the information in this report. He explained Map 2 (as shown in the backup) and Exhibit 4 - Annual Response Times for Emergency and Non-Emergency Calls - October 2000 thru November 2001, and noted an overall response time in the geographical area of Zone 17 for six minutes and 37 seconds. He noted that Exhibit 5 shows the type and number of calls that were responded to in Zone 17 (Lady Lake and the Villages) October 2000 thru November 2001.
Mr. Neron stated that, from reviewing the data, it is concluded that Lake County Fire Rescue is very close to meeting the stated goal of an average six minute response time in urban areas within Zone 17 during the time frame of January thru November, 2001. He noted that 83% (2,263) of the calls in Zone 17 were for medical emergencies, and this raises policy question of who is responsible for responding to medical emergencies, Lake County Fire Rescue or Lake Sumter EMS. Mr. Neron noted that, during this same time frame, there were concerns about the Lake Sumter EMS response times in this area and, after they made some changes to staffing and location of units in this area, the response time to The Villages in Lake County in November, 2001 averaged 5:08 minutes as compared to 9:46 in January, 2001.
Mr. Neron addressed the fiscal considerations stating that, in the current year, the Town of Lady Lake MSBU will generate approximately $952,000 of which $612,000 (64%) is generated by the Villages and the remaining $339,000 (36%) comes from the corporate limits of Lady Lake. He explained the implementation of a special assessment noting that it is more difficult to establish one for something like fire protection.
Mr. Neron explained that staff is presenting in its report three options for the Board's consideration, in response to the Town of Lady Lake's request that, if the Villages proposal is done, then what would be the County's response with regard to Station 61. At this time, he reviewed the options, as shown in the report, as follows:
OPTION 1, IMPLEMENT THE VCCD'S PROPOSAL
The first option for consideration would be to implement the VCCD's proposal to create a separate MSBU for The Villages and the County enclaves in Lake County.
Currently, The Villages is served by four (4) fire stations in Marion, Sumter, and Lake counties as shown on Map 3. If the VCCD proposal is implemented with no changes to the current location of Lake County fire stations, there would be considerable overlap of fire station service areas that in effect would reflect a higher level of response than is being given in other areas of the County (Map 4). While this would result in a higher level of service being provided to the residents of The Villages than in other areas in Lake County.
Based on the relative uniform level of service being provided for a common residential unit assessment fee, it is recommended that if the Town and County agree to implement the VCCD proposal, the County would relocate Station 61 from within the corporate limits of Lady lake to a more Easterly unincorporated area location as shown on Map 5. This would still provide for an enhanced level of service to the Villages while allowing for a more balanced fire response to the remaining areas in the Lake County special assessment area and provide a consistent level of service based on a uniform residential assessment.
OPTION 2, TOWN OF LADY LAKE PROVIDE FOR ITS OWN FIRE PROTECTION SERVICES.
Should it be determined that the Villages and the Town of Lady Lake wish a higher level of fire protection services than is currently being provided, the Town could completely withdraw from the Lake County special assessment district and provide for its own fire protection either by establishing its own fire department of contracting with the VCCD to provided fire protection services to the remainder of Lady Lake.
If this option were selected, it would mean a loss of revenue to Lake County which would also be offset by a dramatic reduction in the number of calls that the County would be required, as the primary responder, to handle. If this option is selected, it is again recommended that Station 61 be relocated to a more Easterly location as shown on Map 5.
OPTION 3, FIND OTHER METHODS TO FURTHER ENHANCE EMERGENCY MEDICAL RESPONSE TIMES TO THE AREA
Analysis of the types of calls and response times for Zone 17, especially in the Villages and Town of Lady lake, showed that the vast majority of the calls were for medical emergencies. While Lake-Sumter has taken steps to reduce its response time to medical emergencies, there may be additional steps that can be taken to further enhance medical emergency response times to the Villages without changing the current fire protection service arrangements.
Mr. Jim Coleman, Town Manager, Town of Lady Lake, addressed the Board and stated that staff's direction is to allow the Town Commission to examine the Villages proposal as a viable option, as well as Lake County Fire and Rescue. He noted that the Town Commission will be meeting tonight.
Commr. Cadwell stated that his biggest concern is if the Town Commission decides that they want to provide a different level of service to a particular part of their town. They will need to evaluate how that will affect them, because one part of town will have a different provider than the other part of it, but that will be their decision. He stated that he is not comfortable with closing Station 61, because the County will be covering the rest of the town and the rural areas. He questioned whether there is somewhere outside of the city limits where that station can be located, to make sure that the County does not compromise the other services east of town. He further questioned whether that station has to be inside the city limits to still provide a portion of the city's fire protection. Commr. Cadwell clarified that in no way is Station 61 going to be closed, until there is a definite plan. He stated that he has gotten petitions and a lot of calls from concerned folks at Blue Parrot and Harbor Hills and outside of Harbor Hills.
Mr. Coleman stated that it would have a negative impact within the corporation limits of the Town of Lady Lake, if Station 61 was relocated. As far as the location, he has worked with County staff in the past, and the Town of Lady Lake has a parcel right by their Town Hall where they can locate a fire station. He explained that, when you take off the Village portion of Lady Lake, it would be the northern portion of that fire service area, but should the proposal from the Villages be accepted by the Town Commission, there would be additional resources in the area, and he would assume that they would execute the same interlocal mutual aid and first response agreements that they have with other jurisdictions right now.
Commr. Hanson stated that the County Manager and staff have done a really good job of pulling together just the facts, and some of the interesting information that he has provided is the overwhelming number of calls that are for medical rather than fire. She stated that there are a lot of questions about how they are going to provide for that need in the most efficient and cost effective manner. She realized that a lot depended on what happens at the Town Commission meeting tonight and, even though the County Manager is looking for direction from this Board, she was not sure that they could make their decision until after that meeting.
Commr. Cadwell stated that, if the Board agrees with the options that the County Manager has presented today, the Board will allow him to present those to the Town Commission tonight. His only concern is Station 61 and how to best serve those other people.
Mr. Coleman stated that, not speaking as the Town Manager, he felt that the best location for a station would be in the area of Grays Airport Road and Lake Griffin Road. He stated that speaking as the Town Manager, he would say that it would be a negative impact on the level of service that is currently being provided in Lady Lake, and that appears to be the perception of the citizens.
Commr. Cadwell stated that, at the Town Commission meeting tonight, he would like there to be discussion and a firm answer from the Council about whether there would ever be a situation where the County would have a firehouse that is outside the incorporated limits of the town, with them still being comfortable having a contract with the balance of the town, because the Board cannot abandon the other area. He stated that they need to make sure that the rest of the town is covered, if they decide to provide service to only half of the town.
Mr. Mike Francis, Mayor of the Town of Lady Lake, stated that the perception that the service outside of Lady Lake will be somehow degraded is completely erroneous, because the fire station is there, and they hope it stays. The level of service will actually improve to the unincorporated area, because the fire people will not have to serve the Lady Lake area but will be free to completely serve the unincorporated area.
Commr. Cadwell explained that the Board will need to weigh that against the fairness, and the equity of their assessment for the whole County.
Mr. Francis stated that he hoped that the Board would not move the station, because the preponderance of the population will still be closer to where the station exists, and the service will only get better with the added Villages and without moving the station. He stated that he looks at it as a win-win situation, because the overall service is going to improve because they are going to add more equipment, and more personnel will basically be serving the same area, and the Board will have to decide how or whether it wants to reconfigure the unincorporated area.
Commr. Pool stated that they all agree that duplication of service, such as having several stations in one area, is a cost that they may not be able to afford, and the Board will have to decide whether it will be more prudent on their part to move to the east, so they can cover a larger area and still pay those dollars and give better response times.
Commr. Hill questioned the emergency of relocating Station 61 noting that the Board has little time to plan, if the Town Commission decides it wants to relocate tonight at their meeting and, if they do want to relocate, the station is not going to move over night.
Mr. Neron explained that, if a decision is going to be made to go to the new arrangement October 1, 2002, they would need to start moving almost immediately to try and locate property, and they would have to start planning now. He felt that Commr. Cadwell summarized it very well earlier in the sense that, as he goes to the Town Commission meeting tonight to make this same presentation, if the majority of this Board agrees with the options, as presented, and certain decisions were to be made, then this is what the County would plan to do with regard to Station 61. He explained that the area designated on the map would be one possibility and, if staff has direction from the Board that this is the way that they are going to go, they will immediately begin seeing if there is other County owned property in the area and try and determine what would be a good location.
Mr. Francis did not feel that fire service would improve in Zone 17 with the added Villages station, but he did not see the nexus of moving Station 61, even though he realized it would be a consideration.
Commr. Cadwell questioned whether there have been any discussions by the Town Commission about a long range plan for fire service, or whether they were always going to let the County do it, or whether they have had conversations about doing fire service themselves.
Mr. Francis explained that the Town Commission has only had conversations where the Villages has agreed to consider taking in the rest of Lady Lake.
Commr. Cadwell stated that, as staff takes this plan to the Town Commission meeting tonight, and they have those discussions, they will certainly understand that the Board has concerns about Station 61 and where it is located. He hopes that, in their discussions, and in their actions, they will give the Board a clear understanding of their philosophy on that matter so that, in their decision making process, the Board can decide whether they feel that they can be the provider.
Mr. Milton Platt, Commissioner, Town of Lady Lake, addressed the Board and stated that there is something that has not been approached or discussed at this point. Mr. Platt stated that Water Oak Communities will shortly have an excess of 900 structures all of which are pre-fab. He was concerned that this will be a major hazzard, not only due to fire, but due to the toxic fumes produced by those structures. He felt that it was imperative that Station 61 remain exactly where it is today. A delay in getting fire equipment to the Water Oak location could be disastrous. Mr. Platt stated that he personally believes that, aside from all other considerations, the necessity to save lives and save property is paramount and should be the major consideration.
Mr. Pete Wahl, District Administrator of The Village Center Community Development District, addressed the Board and extended his appreciation to Mr. Neron, because he met with him early in December and discussed the issues, and he has put forward a good report. He explained that, with populations that are served both in the Villages and in the Town of Lady Lake, and the mobile home communities, what Mr. Platt has indicated is absolutely critical. He explained that there are about 11,000 people in the Villages and, with the aging process, he is concerned about the major medical emergencies that will occur, and he does not feel that you can separate fire suppression from emergency medical service first response, particularly in those areas. Mr. Wahl explained that they operate the system, as proposed, in Sumter and Marion Counties and have at least 17 confirmed saves. He stated that they had made a proposal to the Town of Lady Lake in 1998, and this time they specifically condensed the proposal only to address the issue of the Villages, because they have a community of 30,000 people most of whom want to enjoy the same level of service across the board. He further explained that this caused them to pull back the special area of service to the Villages portion only. Mr. Wahl stated that right now that service area generates about $1.2 million and, if they had regenerated their original proposal without revision, the Board would have been looking at a $912,000 reduction in revenue, as opposed to the $612,000 being proposed, and they felt that this cost would have been a detriment to the fire rescue system. If the proposal, as recommended, goes forward, they will be running automatic aid as they currently do to Lake County Fire Rescue in the blue area of overlap, as shown in Map 4, and they will be adding to that service area three personnel, two pieces of fire apparatus, so this would address the service issue.
Mr. Wahl stated that he would like to discuss Mr. Neron's equation of cost. He noted that, in 2003, the County is proposing to charge $99 for fire assessment, as compared to the $56 that they would be proposing to assess those properties. Mr. Wahl stated that, if the Board is going to add the emergency medical costs, he would suggest that they would also have to add that portion of Lake Sumter EMS that is currently being addressed to the emergency medical first response, which is done on an ad valorem basis, and it will be substantially higher than what they are proposing.
Mr. Wahl stated that the location issue is a critical issue. He stated that Station 61 serves a huge area (Exhibit 4), and they believe that this clearly points out the problem that was brought to the Town of Lady Lake by The Village Homeowner Association. He suggested that, in looking at the chart, they are meeting their goals right now from Station 61. Mr. Wahl stated that they can provide the same service for $56 and whatever amount they want to add for enhancement that will drop the response time an additional 2:56 minutes on a guaranteed basis.
Mr. Wahl stated that, when they made this same presentation to the Town Commission, they clearly stated that the major issue for the County is what happens to Station 61. He stated that Station 61 is going to continue to provide service, but the location of the station could stand some review. He noted that, as the area is currently configured, there are some areas on the east end of those circles that do not fall within the three mile limit but, rather than relocating that station to Harbor Hills, they could consider selling it and adding another station to not just the Harbor Hills northern tier, but have it also service the eastern boundary of the Station 62 service area. He stated that the service times and response times in the unincorporated area are well under the County's stated goal, so instead of considering the relocation of the station, the Board needs to study this issue at length. Mr. Wahl stated that they have discussed a potential with representatives in town, at some point in the future, to provide service, but this is not his preference, because they are not in the fire business except within the boundaries of the Villages, and the Villages are going to extend to SR 44. He stated that their goal is to provide the same level of service throughout the Villages that they currently have today, to reduce those public tax dollars, and try to save lives.
Mr. Wahl stated that he has a clear understanding of Option 1, and his recommendation would be Option 1, with the statement from the Board that they are going to continue to man and staff and operate Station 61, and they may take some time to look at the issue of either additional fire service to the eastern service area and southern service area, but not to tell the Town Commission tonight that they are going to relocate that station on any given time frame. He noted that the County today, under their current agreement with Lady Lake, could move that station at any time.
Mr. Minkoff explained that, under the amendment the County did in 1998, by May 1st of any year, the town can withdraw for the next year.
Mr. Wahl stated that they are proposing to provide the service starting October 1, 2002 and that requires the Town of Lady Lake to meet certain calendar guidelines for the creation of all pertinent documentation.
Mr. Neron explained that this report was done based on a request from Lady Lake in a letter dated December 3, 2001, and that is why staff went through this exercise. In regards to the service level, Mr. Neron stated that he has no qualms with what Mr. Wahl is saying, if the Villages proposal is accepted, it will provide a much higher level of emergency response to the Town of Lady Lake and the Villages. It is his understanding that, within the Villages, they have what is called a rover type vehicle that roams the community, and that is where they get the better response time, and the County does not provide that level of service anywhere else in the County, so he would maintain that the Villages would be providing a different level of service. Due to the equity question, they are providing a different level of service, and it would not be as fair to the other areas of the County, but it is not saying that, if they want a higher level of service, they need to figure out a way to get it, but lets not do it on the basis of changing fire protection services. Mr. Wahl stated that, based on the direction of the Board, they may need to take a step back and see how the County can better spend the $25 million of citizen revenue and determine whether they are putting the resources where needed to provide that emergency medical response, and to determine who should be responsible for this service.
Mr. Neron stated that he is going to be at the Town Commission meeting tonight and, he was sure that they will be looking for an answer to their question of whether the County plans, at least for now, to follow the staff recommendation as to the relocation, because he feels that the Board owes them that answer, if they are going to meet the request in their letter of December 3, 2001.
Commr. Pool stated that the Board's goal is to enhance and provide that level of service in a cost effective way. He stated that duplication is a key issue and to try and provide a certain level of service. He stated that, as they said earlier, they are not going to be moving the station tomorrow, or even next week, and there are many opportunities here. The question is do they approve of the options as presented and do they want them presented to the Town Commission, as their response to their request for options.
Commr. Cadwell stated that he approves of the options, but he feels that the Board's direction, under Option 1, would be that they would continue to analyze the response times and the service levels out of Station 61, and they will continue to work through Station 61 and monitor those areas and call responses, and then meet with the Town Commission in regards to what they will do with Station 61 in the future, as opposed to saying that Station 61 is gone under this proposal. He clarified that the Board would commit to the Town of Lady Lake that they would continue to monitor that station, and the call levels and location of those calls, and then come up with a long range plan for them.
Commr. Cadwell stated that, from a professional standpoint, the County Manager and the fire chief are giving the Board their opinion now, and the Board is saying that, if they do take this action, then they want that station to remain there, but they are going to monitor it and continue to work with the Town of Lady Lake in regards to how they provide service in the other areas.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved to present Options 1, 2 and 3, as presented in the County Manager Report, Villages Fire Protection Proposal, dated January 15, 2002, to the Town Commission of Lady Lake, but, in regards to Option 1, the Board would not necessarily commit at this point in time to moving the station, but they will continue to work with the Town Commission of Lady Lake in monitoring that station and, based on further monitoring, they may move that station, or look at other alternatives in the future.
Commr. Pool extended his appreciation to those who attended the meeting today and for their involvement in the issue, and he applauded the County Manager and staff for their work in bringing this information forward.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
CHAMBER OF COMMERCE/MEETINGS
Commr. Hanson informed the Board that there has been three successful Chamber of Commerce Installation Banquets, Eustis, South Lake and East Lake County.
AFFORDABLE HOUSING/LAWS & LEGISLATION/RESOLUTIONS
Commr. Hanson addressed a letter that the Board had received regarding the Governor proposal to take the Sadowski Affordable Housing Funds and divert them to the Everglades project. She felt that the proposal is commendable and certainly worthwhile and it is certainly a much needed project She explained that the County currently gets about $1 million a year to assist low and very low income individuals in the County with their down payments and rehabilitation.
Commr. Hanson made a motion for the Board to send, to the appropriate party, Resolution 2002-13 strongly supporting that the State Housing Trust Fund dollars generated by the Sadowski Act continue to be spent on Affordable Housing.
Commr. Cadwell seconded the motion.
Under discussion, Commr. Hanson stated that the Board may want to contact the Florida Association of Counties and get their support on this issue.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COUNTY MANAGER
ECONOMIC DEVELOPMENT/APPOINTMENTS-RESIGNATIONS
Mr. Bill Neron, County Manager, reported that, as indicated in today's paper, late Friday afternoon, with help from Mr. Carl Lunderstadt, and Mr. Shannon Elswick, members of the Industrial Development Authority (IDA), and Mr. Ray Gilley, Metro-Orlando Economic Development Commission of Mid-Florida, he interviewed a candidate for the Economic Development position, and staff will be continuing talks with him to negotiate a starting date and salary. He should have that position filled within the next week or two.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Ron Kurtz, Montverde area, addressed the Board to make the Board aware of a situation at Pine Island. He explained that heavy equipment has been moved to the property, and they have started scraping and dozing the site and, because people were taking pictures of the site, they have begun to fence and gate the property. Mr. Kurtz noted that he had some pictures to show the Board.
Mr. Sandy Minkoff, County Attorney, noted that this is not a zoning case, and he did not need to submit his pictures for the record.
Mr. Kurtz reviewed a few pictures with the Board, which he did submit for the record.
Commr. Cadwell stated that, if these are violations of any of the County's codes, he really needed to go through the proper channels and turn those over to the Planning Department, as opposed to the Board, because, under public comment, the Board does not talk about code cases, or potential code cases.
Commr. Pool appreciated Mr. Kurtz bringing this to the Board's attention, and they will have the complaint addressed and a Code Officer sent to the site and, if there are any violations, they will proceed using proper procedures.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:15 p.m.
ROBERT A. POOL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/1-22-02/2-4-02