A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 2, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, February 2, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice-Chairman; Don Bailey; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; Neil Kelly, Deputy Clerk in Charge of Administrative Services; and Toni M. Riggs, Deputy Clerk.

Reverend Ed Ivey, Clermont Church of God, gave the Invocation and led the Pledge of Allegiance.

PUBLIC HEARINGS/TIMES CERTAIN

ASSESSMENTS/ROAD PROJECTS/PUBLIC SERVICES

ACCOUNTS ALLOWED/RESOLUTIONS

At 9:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on SA-74 Special Assessment for Coyote Pass.

Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss the road project.

No one present wished to comment on this issue.

At this time, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award and authorize Project Number SA-74 Coyote Pass Special Assessment Lump Sum Construction to Asphalt, Inc., to encumber and expend funds in the amount of $17,453.00 (Commr. District 5, CTT Funds), and to execute the assessment roll and resolution.



MINUTES

Discussion occurred regarding the Minutes of December 15, 1992, Regular Meeting, with the following changes being made, including corrections made to the spelling of proper names:

Page 17, Line 33 - Delete: "concerns with"

Insert: "support for"



Page 18, Line 2 & 3 - Delete: "buffer with the"

Insert: "...railroad right-of-way

that serves as a buffer between residential and commercial

uses, and that....".



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of December 15, 1992, Regular Meeting, as amended.

PERSONAL APPEARANCES

At this time, Commr. Swartz presented the following individuals with plaques and bonds, and Ms. Gwen Benton, Personnel Officer, presented background information on each:

Employee Awards



Presentation of Plaques to Employees with Twenty Years of Service:



Thomas J. Ivey, Chief Mechanic

Public Services/Roads



Doris Taylor, Extension Agent

Agricultural Cooperative Extension Service



Presentation of Plaques to Employees with Five Years of Service:



Susan K. Dugan, Account Clerk/Buyer

Purchasing



Rose M. Holman, Corrections Lieutenant

Corrections/Security Operations



Randolph Jones, Fire Captain

Fire & Emergency Services/Fire-Rescue



Thomas Osebold, Assistant Veterans Services Officer

Community Services/Veterans Services



Presentation of Plaque and Bond to Employee of the Month:



Sarah "Sally" Stallard, Right-of-Way Agent

Public Services/Engineering Division





CLERK OF COURTS AGENDA

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved and acknowledged receipt of the following items:

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 Clerical Support Division of the Clerk's Office.



Resolutions/Ordinances/Municipalities



Request to acknowledge receipt of the following resolutions and ordinances received from the Town of Lady Lake:



1. Resolution 92-128 - A Resolution Vacating a Portion of a Road

Right-of-Way Located Within the Town Limits of the Town of

Lady Lake, Florida.



2. Resolution 92-135 - A Resolution of the Town of Lady Lake,

Florida, Pertaining to the Creation and Administration of a Defined Contribution Pension Plan by the Florida League of

Cities, Inc.; providing an Effective Date.



3. Ordinance 92-12 - An Ordinance Redefining the Boundaries of

the Voting Wards of the Town of Lady Lake, Florida; providing

for an Effective Date.



4. Ordinance 92-13 - An Ordinance of the Town of Lady Lake, Florida, Repealing Ordinance 90-33 Pertaining to "Opting-Out"

of the Lake County Road Impact Fee Ordinance; providing for

and Effective Date.



State Agencies/Communications



Request to acknowledge receipt of the Notice of Intent - Proposed Private Helistop received from the State of Florida, Department of Transportation, Planning and Public Transportation - Site being in Kissimmee - Applicant being J. Clinton Moore, Florida Air Travel, Wauchula, Florida, with site approval being issued on or after February 8, 1993, unless cause is shown in writing to the Florida Department of Transportation prior to February 8, 1993.



COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding Tabs 1-28, the County Manager's Consent Agenda. Commr. Cadwell requested that Tab 26, with regards to the establishment of speed limits on Lake Eustis Drive (3-4851) and Lakeshore Drive (3-5154), be left on the consent agenda, but for staff to continue to monitor the roads.

Mr. Jim Stivender, Director of Public Services, stated that staff can monitor the roads with the City of Eustis by reviewing the tickets along this area, by the traffic count, and by the

accident reports. Mr. Stivender stated that a report can be presented to the Board in 120-180 days.

Mr. Robert A. Stebbins, Attorney, appeared before the Board and stated that there is a group of individuals present today who would like this request to be left on the consent agenda, with the area being monitored.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Tabs 1-28, for the following requests, with the exception of Tab 26, which was pulled for further discussion:

Budget Transfers

1. Fund: Sales Tax Bond Construction

Department: Facilities and Capital Improvements

Division: Capital Improvements

From: Operating Expenses $154,233.00

To: Capital Outlay $154,233.00

Transfer #: 93-0077



Accounts Allowed/Sheriff's Department



Request from the Sheriff for an amount of $29,038.50 from the Law Enforcement Trust Fund for payment of purchases of equipment and operating supplies. These funds have been expended in accordance with the provision of Florida Statutes, Section 932.704.



Accounts Allowed/Grants/State Agencies/Resolutions



Request for approval of a resolution requesting that the General Fund for Fiscal Year 1992/93 be amended in the amount of $4,665.00, in order to receive grant funding for 1993 from the Community Services Block Grant, from the State of Florida, Department of Community Affairs, for local activities or organizations.



Accounts Allowed/Community Services/Public Health



Request for approval of payment of monthly Medicaid hospital bill in the amount of $33,513.05, and the Medicaid nursing home bill in the amount of $32,372.49, for the month of December.



Accounts Allowed/Community Services/Public Health



Request for approval of payment to Shands Hospital for a Lake County resident under the Health Care Responsibility Act for inpatient hospital stay, in the amount of $24,033.11.



Contracts, Leases & Agreements/Fire & Emergency Services



Request for approval and signature on the Agreement Between Lake County and Florida Regional Emergency Medical Services, Inc. for Extrication Services.



County Employees/Human Resources



Request to approve certificates to employees with one and three years of service.





Communications/Information Services



Request to acknowledge receipt of the new pricing structure for Friendship Cable Southeast effective March 1, 1993.



Contracts, Leases & Agreements/Subdivisions



Request to approve the agreement between Lake County and The Plantation at Leesburg Limited Partnership relating to the issuance of building permits while platting is in progress.



Accounts Allowed/Bonds/Subdivisions/Roads-County & State

Resolutions



Request to approve the final plat of Greater Hills, Phase IV (58 lots in District 2); acceptance of maintenance bond in the amount of $41,398.20; and acceptance of the following roads into the County maintenance system:



Pointe East Trail (2-1458A)

Kensington Trail (2-1458B)

Lake Orienta Court (2-1458C)

Indian Wells Court (2-1458D)



Accounts Allowed/Subdivisions



Request to approve the release of an Irrevocable Letter of Credit for maintenance in Raintree Harbor, Section Two (90 lots in District 5), in the amount of $14,703.00.



Accounts Allowed/Bonds/Subdivisions



Request to approve the release of a maintenance bond for Royal View Estates Subdivision (17 lots in District 2), in the amount of $7,549.00.



Accounts Allowed/Bonds/Subdivisions



Request to approve the release of a maintenance bond for Saratoga Subdivision (9 lots in District 4), in the amount of $2,060.55.



Bonds - Mobile Home



Request to approve a new mobile home bond for D. Van Hoose, Bassville Park area, District 3.



Roads-County & State/Resolutions



Request for approval of a road name change to Catbrier Lane, as requested by the applicant, Sandra Melanie Young.



Deeds/Rights-of-Way, Roads & Easements



Request to approve to accept a Non-exclusive Easement Deed (Individual) for property owned by David Wishneski, #52-92-3.



Accounts Allowed/County Property/Bids



Request to approve the declaration of surplus property and approve to advertise the sale of Tangerine Clay Pit, which is located off Tangerine Cemetary Road in Orange County, Florida, by sealed bid, with a minimum bid of $8,600.00.





Contracts, Leases & Agreements/Landfills/Public Services



Request to approve and authorize signature on the Solid Waste Franchise Agreement between All American Recycling and Lake County relating to refuse collection in Lake County.



Accounts Allowed/Contracts, Leases & Agreements/Grants

State Agencies



Request to approve and authorize signature on the Mosquito Control/Waste Tire Abatement Grant Agreement between Lake County and the Florida Department of Environmental Regulation, in the amount of $21,461.00.



Accounts Allowed/Roads Projects



Request to approve to award Project No. 1-93 Countywide Resurfacing Lump Sum Construction Project to Orlando Paving Company, Inc., and to encumber and expend CTT funds in the amount of $470,815.00.



Accounts Allowed/Road Projects



Request to approve to award Project No. 2-93 - Guerrant St. widening and resurfacing, Peru Road (#5-5791) and Fletcher Road (#5-7972) Lump Sum Construction Project to Art Walker Paving and Excavating Co., and to encumber and expend funds in the amount of $212,217.09, District 5.



Accounts Allowed/Bids/Road Projects



Request to approve to advertise for bids for Old 441 Bridge Repair Lump Sum Construction Project No. 7-93, at an estimated cost of $40,000.00, CTT Funds, District 4.



Accounts Allowed/Bids/Road Projects



Request to approve to advertise for bids for C-445/C-445A Intersection Improvements and C-439 "Part" Lump Sum Construction Project No. 6-93, at an estimated cost of $250,000.00, Impact Fee Benefit, District 4.



Accounts Allowed/Bids/Road Projects



Request to approve to advertise for bids for C-48 Widening and Resurfacing Lump Sum Construction Project No. 8-93, at an estimated cost of $455,000.00, CTT Funds, District 3.



Accounts Allowed/Road Projects



Request to approve Change Order No. 1 to Project No. 12-92, #1/5-5433 Radio Road, "Part" Widening and Resurfacing Lump Sum Construction Project, in the amount of $7,515.85, for a total contract cost of $222,032.60, Districts 1 and 5.



Accounts Allowed/Road Projects



Request to approve Change Order No. 1 to Project No. 14-92,

C-565 North and C-565A South, Widening and Resurfacing Lump Sum Construction Project, in the amount of $1,160.00, for a total contract cost of $133,780.60, District 2.





Roads-County & State/Resolutions



Approved authorization to post "No Trucks" signs southbound on Abrams Road (4-5371) at S.R. 44 and northbound on Abrams Road at Waycross Avenue and eastbound on Waycross Avenue (4-5072) at Country Club Drive and westbound on Waycross Avenue at C.R. 44B.



Deeds/Roads-County & State



Request to accept the following Statutory Warranty Deeds:



For Road Projects:



Jon D. Dickerson and Susan C. Dickerson

South Landfill #1-6903



For Minor Lot Split:



Francisco de Sousa and Gloria H. de Sousa

W. Libby Rd. #2-2130

Libby No. 3 Rd. #2-2233

So. West Libby Rd. #2-2229



Robert L. Johns, Jr.

Johns Lake Road #2-1158



Robert H. Hudson and Bonita L. Hudson

Smitty Rd. #5-7906



For Lot Approval:



Joseph Frances Teri III, Donna Teri, his wife;

Joseph R. Teri, Jr., as joint tenants

Oswalt Rd. #2-0840



Purchasing



(B) Award Bids and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Public Serv.

Prestige Ford\Purchase order for three each 1993 3/4 ton diesel pickup trucks with fleetside body. Bid #029-070-093.

$ 41,610.00

(2) Public Serv.

Atlantic Ford\Purchase order for two each 1993 diesel 6 x 4 cag & chassis with steel dump body. Bid #031-07-093.

$111,600.00

(3) Public Serv.

Prestige Ford\Purchase order for three each 1993 compact extended cab with short box 4 x 4. Bid #032-070-093.

$41,865.00

(4) Aquatic Plant Management

Helena Chemical\Open purchase order for 130 gallons of Sonar AS Herbicide. SICOP Bid #B-5-2-37.

$132,080.00



(E) Approve Other Payments and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Public Serv. Landfill LF 2739

Ringhaver Equipment, Co.\Upgrade and repair on a 936 Cat Loader.

$ 12,366.30



(H) Chairman's Signature and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Tourism TDC 226

Florida Campground Assoc. \Advertisement in the 1994 Florida Camping Directory.

$ 2,218.50

(I) Chairman's Signature



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



Purchasing

Ernie Morris Enterprises\12 month contract for Office Supplies and Furniture. Bid #003-618-093.





ROADS-COUNTY & STATE/RESOLUTIONS

Discussion occurred regarding Tab 26, request to establish speed limits on Lake Eustis Drive (3-4851) and Lakeshore Drive (3-5154).

Ms. Evelyn Smith, City Commissioner, Eustis, appeared before the Board and stated that the City Commissioners passed Resolution 92-43, by a 5-0 vote, and 101 petitions representing 68 families were received with all showing a consent for a 30 mph speed limit.

Commr. Swartz stated that this issue will be reviewed with staff and through the City of Eustis, and will continue to be monitored, with a report being brought to the Board in 120-180 days.

Ms. Smith stated that the City of Eustis did have a study done on this location of roads, but it was not as indepth as the County's study.

Mr. Jim Stivender, Director of Public Services, presented information on this request.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the request to establish speed limits on Lake Eustis Drive (3-4851) and Lakeshore Drive

(3-5154), with continual monitoring by staff, and with staff working with the City of Eustis, with staff bringing back a report to the Board.

CITIZEN QUESTION AND COMMENT PERIOD

Commr. Swartz called for public questions, comments or concerns from the citizens present in the audience. There being none, the Board continued with the agenda.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BUILDING DEPARTMENT/PLANNING & DEVELOPMENT

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to advertise and schedule a public hearing relating to Amendments to Chapter 6, Lake County Code, Building and Construction Ordinance No. 1993, as presented by Ms. Annette Star Lustgarten, County Attorney.

OTHER BUSINESS

STATE AGENCIES/PUBLIC HEALTH

Mr. Pete Wahl, County Manager, informed the Board that a Certificate of Appreciation was received from the State of Florida, Department of Military Affairs, signed by Governor Lawton Chiles and Major General Ronald O. Harrison, Adjutant General of Florida, in recognition of Lake County's support of the National Guard soldiers called to duty because of Hurricane Andrew.

No action was needed by the Board.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL AGENDA

CONTRACTS, LEASES & AGREEMENTS

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to accept the recommendation from Public Financial Management, Inc. to request that Paine Webber submit an acceptable competitive fee for providing "Remarketing Agent" services, with proper notification being given to the current "Remarketing Agent", and that a final agreement be negotiated.

REPORTS

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, informed the Board that there was a final appellate hearing last week on the Greater Orlando Aviation Authority litigation with Lake County and Guy Gannett Publishing Company, in relation to the six (6) radio towers that were permitted by the County without knowledge that there was a potential planned airport by the Greater Orlando Aviation Authority in western Orange County, which is approximately 1 1/2 miles from the Lake County line. The Board of County Commissioners sat as a Board of Adjustment, which is required by the State Statute and the County Code, in relation to airport zoning matters. The Board upheld the issuance of those building permits and has been in litigation since that time. This issue has gone to the Fifth District Court of Appeals on several rulings at the local level, and has come back, with a hearing being held on actual merits of the decision by the Board of Adjustments. The Circuit Court is sitting in an appellate posture in this particular case, because the Board of County Commissioners, as the Board of Adjustment, was sitting as an appellate body, as well, and because they were hearing an appeal from a decision of the zoning official. She stated that oral argument did occur last week, with the County arguing in support of the order issued by the Board of County Commissioners sitting as the Board of Adjustment. This case has been pending since 1989. She further stated that she would advise the Board when further information is received on this issue.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

STATE AGENCIES

Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Stipulated Settlement Agreement to the Comprehensive Plan was sent out on Friday to the Department of Community Affairs (DCA).



COMMISSIONERS/MEETINGS

Commr. Hanson reminded the Board of the "Visioning" presentation that will be made by Florida Power, and will be held on Thursday, February 4, 1993, in the Board's Meeting Room.

AGRICULTURAL CENTER/RESOLUTIONS

Commr. Hanson discussed the Blue Belt Amendment, and a resolution that was passed by the Board two years ago supporting it, and with the Board taking the position to encourage the Legislature to adopt something on this issue. Discussion occurred regarding Polk County sending Lake County a proposed Statute, which Commr. Swartz wants the Agriculture Committee to review before it is actually endorsed.

Action was deferred on this issue.

COMMITTEES/SHERIFF'S DEPARTMENT/COUNTY EMPLOYEES

Commr. Hanson stated that she received a request from the Kiwanis Club in East Lake County to place a small memorial in the Sorrento Park this Friday, for Deputy Jean Daugherty, Lake County Sheriff's Department, who was killed in the line of duty.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board authorized the placement of a memorial for Deputy Jean Daugherty, in the Sorrento Park. It was noted that the costs will be incurred by the Kiwanis Club.

OUTDOOR RECREATION

Commr. Cadwell reminded the Board of the General Van Fleet Trail opening on Saturday, February 6, 1993, at 11:00 a.m.

REPORTS/ORDINANCES

Commr. Swartz brought up for discussion the Board's desire to reconsider impact fees for which the Reynolds, Smith and Hills, Inc. studies recommended. The report evaluated the use of impact fees for transportation, fire protection, emergency medical services, law enforcement, education, parks and recreation, public libraries and water and wastewater treatment. Commr. Swartz stated that he feels it is important that the Board consider adopting some of the impact fees that are absolutely essential, which include

fire protection, emergency medical services, and law enforcement, and to send the parks and recreation back to the Parks and Recreation Board to reconsider in light of the Comprehensive Plan.

It was noted that, subsequent to the receipt of the report from Reynolds, Smith and Hills, Inc., the Board has revised the Transportation Impact Fee, and enacted the School Impact Fee.

Questions were brought forth as to the need for the services being discussed, and the amount of revenue that would be collected from the impact fees.

Commr. Swartz stated that he was requesting that staff be instructed to go back and review the studies that have been done, and to bring those forward, which would include a review of the needs and revenue. He stated that he has communicated with Chief Craig Haun, Director of Fire and Emergency Services, and Sheriff George E. Knupp, Jr., who are both supportive of the Board trying to provide additional revenue.

It was noted that the studies could be updated by in-house staff, and there would be no additional expense to the County.

Commr. Bailey stated that the Board needs to create priorities, and that a study from the Economic Development Council (EDC) will be completed in March, which will identify those areas that are critical as to how the County will attract economic development to Lake County. Commr. Bailey indicated that he would like to see education and transportation adequately addressed.

Discussion occurred regarding having all entities involved with the decision making process for impact fees. It was also noted that concerns have been expressed about the transportation impact fees not being used to the citizens' advantage.

Mr. Pete Wahl, County Manager, stated that the impact fee rates are reviewed by staff, and are a part of the budgetary preparation.

Commr. Swartz stated that the fire protection, emergency medical services, and law enforcement numbers were very modest compared to the school and transportation fees. He further stated

that he would support staff reviewing the transportation impact fee, in light of the problems on U.S. Highway 441. Commr. Swartz again stated he favored looking at law enforcement, fire protection, and emergency medical services in a uniform planned effort, and to refer parks and recreation back to Commr. Cadwell, and to refer public libraries back to Commr. Gerber.

Commr. Hanson stated that, because the State has bought so much land in the County, and it has been taken off of the tax rolls, a real effort needs to be made through the Park and Recreation Committee to get the State to contribute back to the County for parks and recreation.

It was the consensus of the Board to direct staff to reconsider and update fire protection, emergency medical services, and law enforcement impact fees, and to bring this information back to the Board for review, and to review transportation, in light of other transportation issues occurring in the County, and to refer parks and recreation and public libraries back to the appropriate boards for review.

REPORTS/COMMITTEES

Commr. Gerber brought up for discussion the possible establishment of a Charter Review Committee. She presented the Board with information regarding counties that are currently operating under charters. She stated that there are three options for the Board to consider, and at this time, she presented each option with detailed information.

Commr. Gerber informed the Board that Option 1 consisted of the Board adopting a resolution to appoint a Charter Commission. The Charter Commission should consist of 11-15 members, however, sub-committees can be formed with the membership of those not being limited. She stated that the Board could possibly consider a referendum for the General Election in 1994, with another alternative being to call a special election, but which would be more costly. She went on to state that the Charter Commission would have a budget to consider for its expenses, including the

employment of staff; the consulting with or retaining of experts; the purchasing of, or otherwise providing for, supplies, equipment, materials and facilities. At this time, she discussed the progress being made in Marion County on its Charter Commission, and stated that Marion County has five (5) attorneys on the Commission, but will most likely end up hiring an attorney, and the County will probably have to have a consultant, which has been estimated to cost approximately $20,000-$60,000.00.

Commr. Gerber stated that Option 2 would be a charter by ordinance through the appointment of an ADHOC Committee, and this would be a much less expensive option, because County staff could be used, along with supplies, which would be paid out of the County budget.

Commr. Gerber discussed the Option 3, which would be to set up a committee to study the different options, with the possibility of conducting a poll on the issue of a charter. The committee could then study the costs and effects, and weigh the pros and cons of a Charter Commission.

Discussion occurred regarding the membership for the proposed Charter Commission, with Commr. Gerber suggesting two individuals from each Commissioner's district, one from the unincorporated area, and one from a city, and the liaison Commissioner.

Ms. Annette Star Lustgarten, County Attorney, discussed the issue of an established budget for the Charter Commission, and stated that, if the Commission met, or exceeded, the established budget, there would be a need for a budget amendment.

Commr. Cadwell expressed the need for the Board to review this issue carefully, and he stated his concern for the community. He further expressed concerns with the costs involved in trying to develop something for the County that may not be necessary, and the need for the Board to continue in the direction that the people in Lake County want to see the Board proceed in. Commr. Cadwell discussed the membership for the proposed ADHOC Study Committee and

stated that he feels the membership should include at least one constitutional officer.

Mr. Ed Havill, Property Appraiser, appeared before the Board and discussed how the first two options presented would cost the taxpayers money. He stated that the third option, for the development of a study committee, and the appointment of one or more constitutional officers to this committee, would be a prudent move on the part of the Board. At this time, Mr. Havill discussed the fact that the public is not educated on the subject of "charter" government, and that the study committee would be the direction for the Board to take without using money from the County.

Commr. Swartz clarified that there would be some indirect costs for the study committee even using County staff.

Ms. Jean Kaminski appeared before the Board and stated that she is an individual who has knowledge on government, but that she is not educated fully on a charter government. She stated that she would like information made available in simple form, as to what would be the advantages and disadvantages of the County even proceeding with any of the options being introduced at this meeting. She further stated that the study committee would be a prudent way for the Board to go, with the assistance of staff, to compile the information that would help educate the public.

Mr. Joe Stephany, resident of Altoona, appeared before the Board and stated that there would be one more option for the Board to consider, which would be a petition by the electorate, which can go either to the Legislative Delegation, or to the Board of County Commissioners asking for the commissioners input. Mr. Stephany discussed Florida Statutes Chapter 163, Municipal Government, which is designed to accommodate a charter form of government, and suggested that the Board consider this in its deliberations, and for the Board to make an indepth analysis of how well the County government works. Mr. Stephany stated that a charter does not follow the pattern of any other County, but is based on the

circumstances of the individual County. He stated that Florida Statutes Chapter 125 provides options for the Board, and he discussed some of the action taken by the Board's predecessors between 1978-1980. Mr. Stephany suggested that the Board and the constitutional officers get involved directly, because there should not be pros and cons in this respect. He stated that the Board will be opening itself up to a good deal of debate, whereas a Charter Commission should be neutral, and moves ahead in deliberations with public hearings.

Mr. Mike Riley, Eustis, appeared before the Board and congratulated Commr. Gerber on an option that was not discussed at a meeting earlier in the week, which is the option of a Study Committee, should any action be taken at all on this issue. He stated that this would give the County an opportunity to educate the citizens on the advantages, or disadvantages, that would come from a Charter Commission, and if there are no advantages, it would be a way to strengthen the citizens belief in the effectiveness of the government we have today. Mr. Riley encouraged the Board to move ahead with the Study Committee approach.

Mr. James C. Watkins, Clerk, stated that, if he had to make a decision on the options being presented, it would be to develop the Study Committee, but he did feel there was another option, which would be to do nothing. Mr. Watkins stated that, in the 1970s, the Florida Legislature gave to the County Commissions home rule power, which is what the Board has now, but what it did not give the Commissions was the right to change other statutory, or constitutional, relationships. Mr. Watkins stated that he opposes charter government, with founded reasons, which include the separation of powers. Mr. Watkins continued by saying that there is no such thing as a non-political election, and that he has made a commitment to himself to never vote to give up his right to vote. Mr. Watkins recommended the idea of the Study Committee to look at the issue where this debate can be had openly and fairly, and can then be presented to the people.

Commr. Swartz stated that he feels the best option would be the ADHOC Study Committee to look at County government, and try to determine whether or not there is a need to change the relationships, or to provide for a different structure in County government in any way. He suggested that, if all five (5) of the constitutional officers wanted to be on the Committee, the Board should make this available to them.

Commr. Cadwell stated that he supports and will vote in favor of the ADHOC Study Committee, but that he feels further consideration should be given to the formation of the membership.

Discussion occurred regarding the placement of all five (5) constitutional officers on the Study Committee, with no member expressing any opposition to this. Commr. Gerber did express concern with the Committee becoming too large, and losing its significance.

Mr. Watkins stated that, in order for the Committee to be respected by the public, it cannot be overwhelmed by either the constitutional officers, or the cities, or the County, but it needs to have a form of balance.

Commr. Swartz stated that the constitutional officers could meet and discuss the membership they would propose for the Study Committee, and make recommendations to the Board. He then discussed each Commissioner appointing two individuals from his/her district, one appointment being made from the incorporated area, and one appointment being made from the unincorporated area. He suggested that the Board consider some of the different options, including the liaison commissioner being a voting member, and schedule this for discussion on the March 2, 1993.

It was noted that Mr. Watkins would contact the constitutional officers, and report back to Commr. Swartz, with membership recommendations.

After some discussion, it was clarified that a ADHOC Study Committee would be developed to review the structure of County

government, and to look at charter as one of those structures of County government.

RECESS & REASSEMBLY

At 10:17 a.m., the Chairman announced that the Board would recess until 2:00 p.m. for the Workshop on the Stormwater Needs Assessment.

PUBLIC HEARINGS/TIMES CERTAIN

At 2:00 p.m., the Chairman announced that the advertised time had arrived for the Workshop on the Stormwater Management Assessment, and the presentation by Camp, Dresser & McKee, Inc. (CDM).

Mr. Pete Wahl, County Manager, informed the Board that, in May, 1990, the Board initiated a Stormwater Management Needs Assessment. After meeting with Camp, Dresser & McKee, Inc., it was determined that this report and the findings of the report were never brought back to the Board. Mr. Wahl stated that, since there are some requirements under State law, and some issues to be addressed in the County's Comprehensive Plan, staff felt it would be appropriate to invite CDM to come and review with the Board their findings, and to seek Board direction as to where staff needs to proceed from here.

Mr. Jim Barker, Director of Pollution Control, and Mr. Don Griffey, Director of Engineering, were present to discuss the report, along with Mr. David Wright, Senior Vice President, and Mr. Denver J. Stutler, Jr., both from Camp, Dresser & McKee, Inc.

Mr. Barker stated that this assessment was the first of a five step program to identify the needs for stormwater management in Lake County. He stated that the second step would be to develop ordinances and Comprehensive Plan policies that would follow the requirements of Chapter 9J-5, FAC, with a stormwater master plan following, and a cost and prioritization program that would identify those areas of the master plan that need to be addressed first, how much those issues would cost, and then to identify funding mechanisms, and to put a program into place, with whatever funding mechanisms were necessary, including MSTUs, MSBUs, special assessments, ad valorem taxes, or utilities.

At this time, Mr. Stutler, CDM, gave a 3-5 minute slide show presentation, which included detailed information on the following:

Stormwater Management Program Goals

Flood Control

Water Quality Protection

Wetlands Management

Aquifer Recharge

Conservation & Reuse

Non-Structural Controls

Structural Controls

Operations & Maintenance

Funding Source



Onsite vs. Regional - Best Management Practices (BMPs)



Typical Multi Purpose Stormwater Facility

Typical Retention Pond

Typical Wet Detention Pond



Mr. Wright, CDM, stated that one of the crucial areas that needs to be addressed by the Board is the costs associated with the program. He stated that approximately $200,000.00 worth of work has been performed for the needs assessment for stormwater management in Lake County. He further stated that a good consultant and a good staff look to work together to accomplish a common objective. He stated that it is not essential that the County have a consultant do all of its stormwater master planning services, because there are a lot of areas where the County has staff already on board to perform the work. Mr. Wright stated that, if the County hired someone like CDM to help set up a model that will allow the County to predict the mechanisms of movement, both in terms of quality and quantity within a particular basin, that expert can easily train the staff, and turn that model over to staff at the end of the first basin analysis, and allow them to set up the model for the basin analysis, and use the outside experts for quality assurance and quality control, on an as needed basis. Mr. Wright stated that CDM is looking at ways to assist the County, to make the costs associated with going forward more affordable.

Mr. Wright addressed the Summary of Findings contained in the Executive Summary. He referred to the Non-Structural Improvements,

which are items that do not require actual physical improvements; they involve regulations, or actions required to implement the improvements to the County's stormwater management system. Non-structural improvements include the setting of goals, objectives, and policies (per the State's 9J-5, FAC criteria). At this time, he addressed the steps that the County has already taken in this process. The following objectives were listed in the Executive Summary, and reviewed by Mr. Wright:

Objective 1: Correct Existing Deficiencies

Objective 2: Guide Future Development

Objective 3: Maximize Facility Use and Discourage

Inefficient Land Use

Objective 4: Protect the Functions of Natural Systems



Mr. Wright referred to Page 9-7, Table 9-3 Problem Area Summary, of the Stormwater Management Needs Assessment, with questions being asked regarding the Wolf Branch Road area, and the involvement with the Water Authority.

Mr. Griffey stated that Table 9-3 does identify sub-basin studies for Wolf Branch, and the Water Authority has been performing a lot of the work in that area.

Mr. Will Davis, Director of the Water Authority, addressed the Water Authority's activities involving Wolf Branch Sink, and stated that the Authority has one other parcel of land to close on to have the immediate area of drainage south of the railroad track. The closing should take place within the next 60 days. The Authority is currently in the final stages of submitting, for Board approval, a request to go out for RFPs to do a full pledge basin design, for either a diversion, or some other type of emergency capability.

Mr. Wright continued to discuss the objectives listed in the Executive Summary, and suggested that the County staff keep revisiting the Stormwater Ordinance to make sure that, as the evolutionary process of stormwater management goes forward, the ordinance keeps track with the changing management techniques and procedures.

Mr. Wright stated that CDM feels that the maintenance practices have been overlooked for too long, and that the report

indicates that approximately $1,775,000.00 per year could be required countywide to provide the necessary maintenance to insure the level of service that the County may elect to accept. He suggested that strong consideration be given, in whatever program the County chooses, for a very well thought out consistently funded maintenance program, that is affordable and desirable for the community.

Discussion occurred regarding Page 9-9, Table 9-4, of the Stormwater Management Needs Assessment, the Conceptual Probable Costs for Retrofit Treatment Facilities, which indicated the amount of $109,550,000.00.

Mr. Wright stated that he feels the County needs to prioritize its work efforts, and have the involvement and cooperation of the various groups of individuals who will share in the ultimate decision, with those groups including the educated citizen, the developer, and the environmental group, and those that actually have a role in providing input and assistance in the development of the Stormwater Management Program.

Mr. Wahl stated that staff needs to go back and do a review of the County's obligations under the local Comprehensive Plan, and see what kind of a timetable there is under State Rule and Federal Rule, in addition to meeting the overall intent of adopting a stormwater plan. He further stated that the staff can go through all of the various levels of requirements, and come back with very specific thoughts, in terms of projects, either structural or non-structural, to move on with quickly, and timetable the other particulars. He further stated that there needed to be an ordinance review, in order to address some of the issues that are outstanding where the County has left maintenance responsibility, or passed maintenance responsibility, to a homeowners association.

Mr. Wright discussed the two column approach that has been used between staff and the consultants, in order to determine who will be responsible for the different scopes of work.



Commr. Swartz stated that he was of the understanding that the Board wanted to authorize staff to work with CDM to review this relationship, and to determine what will be most cost effective in respect to the work relationship, and to look at it in terms of what are changed circumstances as to when the plan was originally developed, in light of development that the Board knows is approved and likely to go forward with, or in light of the Comprehensive Plan. He further stated that he would like to bring in the Water Authority, with the cities also being able to participate.

Mr. Barker stated that staff, after consulting with CDM, the Water Authority, and the cities, will bring back to the Board a recommendation on how best to approach and incorporate all of the concerns presented today.

Mr. Wahl suggested that the Board direct staff to develop a public information program from the very start, in order to provide a clear understanding of the stormwater management system. Discussion occurred regarding the responsibilities of the public information aspect being performed by staff, or a consultant.

It was the understanding of Commr. Swartz that the Board wants staff to determine the direction that needs to be taken on the stormwater issue, to separate the responsibilities between staff and the consultants, and to determine the costs.

Mr. Jim Stivender, Director of Public Services, stressed the need for the public awareness.

No one present wished to comment on this issue.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:10 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



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