The Lake County Board of County Commissioners met in regular session on Tuesday, January 16, 1996, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Office Manager, Board of County Commissioners; and Sandra Carter, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney, stated that he would like to add an item to the agenda, under his County Attorney's Business, for discussion and direction, being the issue of variances from the Access Management portion of the Land Development Regulations.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to put said item on the agenda, under the County Attorney's Business.
Ms. Sue Whittle, County Manager, requested to pull Tab 27, under the County Manager's Departmental Business, a request from Solid Waste for approval of building and construction, for improving the accessibility of the residential solid waste drop-off center, in Astatula, at a cost not to exceed $60,000.00, to be brought back to the Board at a later date.
Ms. Whittle stated that she would also like to add, for the Board's consideration, a request for approval of a letter of support to the Tampa Bay Buccaneers, endorsing their relocation to the Orange, Osceola, or Seminole County areas, noting that the County had been requested to do so by the Sports Commission; as well as a request authorizing the Chairman to execute an agreement with Land Use Forum Network, Inc. (LUFNET), to conduct a land use forum for property generally located at the intersection of S.R. 19, U.S. 27, and the Florida Turnpike.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add the issues of the LUFNET agreement and a letter of support to the Tampa Bay Buccaneers to the agenda, for discussion and action, and to pull Tab 27, under the County Manager's Departmental Business, to be brought back to the Board, at a later date.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 21, 1995 (Regular Meeting), as presented.
Regarding the Minutes of December 5, 1995, the following changes were requested:
On Page 18, Line 26, change the word on to from.
On Page 22, Line 4, correct the misspelling of a proper name.
On Page 29, Line 5, change the word remarkable to remarkably.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of December 5, 1995 (Regular Meeting), as corrected.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budgets/County Finance/Resolutions
Request from County Finance for approval of Budget Transfers and Resolutions, as follows:
A. Transfers:
1. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Buildings $112,000
To: Renovation - Sheriff's Building $112,000
Transfer #: 96-062
Justification: Due to unforeseen delays, completion of Sheriff's Administration Building was not completed in FY 1994/95. Monies need to be allocated to complete this building in FY 1995/96.
2. Fund: General Fund
Department: Sheriff
From: Transfer/DARE $88,631
To: Transfer/Law Enforcement - $88,631
Deputies
Transfer #: 96-067
Justification: Budgeted funds for the two DARE officers were incorrectly placed in the wrong account. Transfer needed to accurately reflect the Sheriff's budget for FY 1995/96.
B. Resolutions:
1. Fund: County Library System Fund
Department: Community Services
Revenue: Development Grant $55,000
Expenditure: Several $55,000
Transfer #: 96-064
Justification: Resolution to receive unanticipated revenue for the Development Grant Project, in the amount of $55,000, through the Library Services and Construction Act Grant of 1995.
2. Fund: General Fund
Department: BCC Administration
Revenue: Contributions/Donations $2,900
Expenditure: Promotional Activities $2,900
Transfer #: 96-065
Justification: Resolution to receive unanticipated revenue for Contributions/Donations received for the State of County address.
3. Fund: General Fund
Department: Sheriff
Revenue: Police Services $49,694
Expenditures: Law Enforcement - Deputies $45,026
Law Enforcement - Operating $ 4,668
Transfer #: 96-066
Justification: Resolution to receive unanticipated revenue from the City of Minneola, for the second quarterly payment of the contract with the Sheriff's department, for police services.
4. Fund: Central Industrial Park Fund
Department: Facilities and Capital Improvements
Revenue: Miscellaneous Revenue $23,018
Expenditure: Construction in Progress $23,018
Transfer #: 96-069
Justification: Resolution to receive unanticipated revenue from Southern State Utilities, which represents a 20% rebate for the off-site utilities installation at Lake County Central Park.
5. Fund: Sales Tax Capital Projects Fund
Department: Facilities and Capital Improvements
Revenue: Historic Preservation Grant $356,832
Expenditure: Restoration Materials $356,832
Transfer #: 96-070
Justification: Resolution to receive unanticipated revenue, in the amount of $356,832, from the Historic Preservation Grant, for restoration of the Historical Courthouse.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment, as follows:
Lance Andrews Evans, in the amount of $250.00, Case No.
92-587-CF.
Bonds - Contractor
Request for approval of Contractor Bonds, New, as follows:
5425-96 John T. Roman d/b/a Roman Signs
5426-96 Richard Menard (Siding Installer)
5427-96 Roberge Electric, Inc.
5428-96 Robert Eugene Wilson/R. E. Wilson Bldg. Cont.
Solid Waste
Request for approval of Engagement Letter with Ernst & Young, for the calculation of arbitrage rebate on the $19 million Solid Waste Line of Credit.
Accounts Allowed/Reports
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 95-34, from the City of Eustis, adopted by the Eustis City Commission on December 7, 1995, with an effective date of December 7, 1995, annexing into the corporate limits of the City of Eustis 36.27 acres, located on the west side of Abrams Road, South of Washington Avenue and adjacent to the Trinity Evangelical Free Church.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 95-10, from the Town of Lady Lake, adopted by the Town Commission of the Town of Lady Lake on December 18, 1995, amending Ordinance No. 79-1-(70) of the Town of Lady Lake Code of Ordinances, pertaining to the sale of alcoholic beverages; extending the hours of sale on Sunday, December 31, 1995, until 2:00 a.m. on Monday, January 1, 1996.
Utilities
Request to acknowledge receipt of Notice of Continuance of Hearing Before the Florida Public Service Commission To All Interested Persons; Docket No. 951123-TP; In Re: Proposed Amendment of 25-24.113, F.A.C., Refusal or Discontinuance of Service by Company. Notice is hereby given that the hearing on the above referenced docket schedule, for January 9, 1996, is rescheduled for February 1, 1996, at 9:30 a.m., Room 152, Betty Easley Conference Center, Tallahassee, Florida.
Utilities
Request to acknowledge receipt of Amended Notice of Commission Hearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 950985-TP; In Re: Resolution of petition(s) to establish nondiscriminatory rates, terms, and conditions for interconnection involving local exchange companies and alternative local exchange companies, pursuant to Section 364.162, Florida Statutes, and Docket No. 950984-TP; In Re: Resolution of petition(s) to establish nondiscriminatory rates, terms, and conditions for resale involving local exchange companies and alternative local exchange companies, pursuant to Section 364.161, Florida Statutes. Notice is hereby given that a public hearing will be held in each of the above referenced dockets, on January 9-13, 1996, at 9:30 a.m., Room 152, Betty Easley Conference Center, Tallahassee, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Community Services
Contracts, Leases and Agreements/Libraries
Request from Community Services for approval and execution of State Aid to Libraries Grant Agreement, in the amount of $145,622.00.
Accounts Allowed/Contracts, Leases and Agreements
Facilities and Capital Improvements/County Buildings
Request from Facilities and Capital Improvements for approval and execution of Change Order No. 5, in the amount of $4,914.00, to Simpson & Associates, Inc.'s contract for asbestos abatement work in the round Administration Building.
Accounts Allowed/Contracts, Leases and Agreements
Facilities and Capital Improvements/County Buildings
Request from Facilities and Capital Improvements for approval and execution of Change Orders to Audio Visual Innovations contract, for audio/visual equipment necessary for broadcast capability in the Board Meeting Room and Training Room, at a lump sum of $26,085.00, which is within the original budget estimates.
Fire and Emergency Services/County Property/Municipalities
Request from Fire and Emergency Services for approval of donation of 1974 International Harvester Tanker (Lake County Property No. 11679) to the Town of Astatula.
Contracts, Leases and Agreements/Building Department
Planning and Development
Request from Planning and Development for acceptance and execution of Developer's Agreement between Lake County and Leisure Communities, Ltd., relating to the issuance of no more than six building permits, prior to the acceptance and recordation of the final plat - 117 unit development in Section 19, Township 19S, Range 25E - Commissioner District 1.
Accounts Allowed/Public Services/Resolutions
Request from Public Services for approval and execution of Proclamation declaring the week of February 18-24, 1996, as National Engineer's Week in Lake County; approval to participate in National Engineer's Week; and approval to encumber and expend funds, in the amount of $200.00.
Contracts, Leases and Agreements/Public Services
Rights-of-Way, Roads and Easements
Request from Public Services for approval and execution of Developer's Agreement between Lake County and Sumter Electric Cooperative, Inc., for compliance with the County's right-of-way provisions, Section 9.04.03 of the Lake County Land Development Regulations.
Accounts Allowed/Bonds/Contracts, Leases and Agreements
Public Services
Request from Public Services for approval to release a Letter of Credit, for performance, in the amount of $281,600.00; approval to accept a Performance Bond, in the amount of $281,600.00; and approval and execution of a Developer's Agreement for Construction of Improvements between Lake County and Mark and Lee Ann Carson.
Resolution/Roads-County and State/Public Services
Request from Public Services for approval and execution of Resolution accepting Palm Drive (County Road No. 3-3046) into the County Road Maintenance System.
Deeds/Public Services/Resolutions
State Agencies/Municipalities
Request from Public Services for approval and execution of Resolution and execution of County Deed to the State of Florida Department of Transportation, for a portion of State Road 19, Section 11090-2520, Tavares area (Parcel No. 142.1AR).
Deeds/Public Services/Roads-County and State
Request from Public Services for acceptance of the following deeds:
Statutory Warranty Deed
Keith Bowron Estate (5 beneficiaries)
Skyline Drive (5-7773)
Quit Claim Deed
Citizens National Bank
CR 468
Statutory Quit Claim Deed
Helen J. Harper
Blue Sink Road (3-2928)
Norma J. Rucker, Dorothy J. Searcy,
Janet James, by P.O.A.
Number Two Road (3-3024)
Resolutions/Public Services/Signs/Roads-County and State
Municipalities
Request from Public Services for approval and execution of Resolution to post "Stop" signs on Lakeshore Drive (C.R. 452), in the east and west direction, at Bay Road (3-4260), in the Mt. Dora area.
Deeds/Public Services/Roads-County and State
Municipalities
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2542 and 2753
Applicant: Carolyn Berowski
Locations: Lots in Block 27, Mount Plymouth, Section "A"
Recommend: Reserve 25 feet from centerline of Exeter Place and reserve 25 feet from the centerline of Westward Ho Avenue (4-4288A).
Public Services/Road Vacations/Roads-County and State
Subdivisions/Municipalities
Request from Public Services for approval to advertise Road Vacation Petition No. 812, by Joe Swiderski, to vacate street, Silver Lake Estates, Section 23, Township 19, Range 25, Leesburg area - Commissioner District 1.
Public Services/Road Vacations/Roads-County and State
Subdivisions/Municipalities
Request from Public Services for approval to advertise Road Vacation Petition No. 813, to vacate road, Silver Lake Estates, Section 14, Township 19, Range 25, Leesburg area - Commissioner District 3.
Purchasing
Request from Purchasing for approval to advertise for bids, proposals, and professional services; award and issue purchase orders for quotes, bids, cooperative bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
DIVISION AMOUNT
Planning & Development Services $11,000.00
Perconti Data Systems/Authorization to issue a second change order, in the amount of $11,000.00, to Purchase Order #5150, for Building Services Division's permitting and inspection software program. The Office of Purchasing and the Building Services Division is requesting authorization to purchase Phase II, automated inspection request system software, in the amount of $20,500.00, from Perconti Data Systems, due to the need to interface with Phase I, Perconti CD-Plus permitting software (see Attachment A).
Perconti Data Systems was the awarded vendor for Proposal #P-3-5-10, Software Management System. The Purchase order was issued on July 11, 1995, in the amount of $47,000.00, for the purchase of Phase I, parcel, permitting, inspection, plan review, contracting licensing and code enforcement tracking software system. On September 5, 1995, the Board approved Change Order No. 1, in the amount of $10,700.00, for any unforeseen modifications that may have been needed during the installation of the software. If the Board approves the second change order, the total amount of Purchase Order #5150 will be $68,703.50, which includes the completion of Phase I and II of the permitting and inspection software program. Funding for this project is from 001.1048110.524.8600640.
Assessments/Solid Waste
Request from Solid Waste for approval of waiver of special assessment balance for the following account:
661027 Laurence Turner $12.36
Resolutions/Solid Waste
Request from Solid Waste for approval and execution of Resolution amending Resolution No. 1995-183, adopting fee schedule for Fiscal Year 1995-96.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
CLERK/COMMISSIONERS/COUNTY FINANCE/REPORTS
Ms. Beryl H. Davis, Director of Internal Audit, City of Orlando, representing the Government Finance Offices Association (GFOA), presented a Distinguished Budget Presentation Award to the Chairman, Commr. Cadwell, on behalf of the Board of County Commissioners, and to Mr. James C. Watkins, Clerk of Circuit Court, noting that said award is the highest award of recognition in governmental budgeting. She stated that the Board of County Commissioners received the award on its very first submission and noted that the Clerk's Office had received it for the third consecutive year in a row.
Ms. Davis then presented Mr. Watkins, Clerk, with a Certificate of Achievement for Excellence in Financial Reporting, noting that it is the highest award of recognition in governmental accounting and financial reporting. She stated that receiving the award represents a significant accomplishment for any government and noted that this year would be the fourteenth year that the Clerk's Office has received the award, for its Comprehensive Annual Financial Report.
Ms. Davis congratulated the Board and the Clerk for having satisfied the high standards that are set by GFOA and noted that she hoped it would encourage others to achieve and maintain high standards of excellence in governmental budgeting and financial reporting.
Mr. Watkins, Clerk, thanked those employees who worked on the project (present at this meeting), being Ms. Barbara Lehman, Chief Deputy, County Finance; Ms. Sarah LaMarche, Finance Director; Mr. Kevin McDonald, Senior Budget Analyst; Ms. Tracy Zeller, Senior Budget Analyst; Ms. Julia Wilson, Budget Assistant, and Ms. Linda Lorentz, Information Services Clerk (not present), and asked that they stand and be recognized.
Mr. Watkins informed the Board that Lake County is among a handful of counties in the State of Florida who have achieved the Distinguished Budget Presentation Award and that, with respect to the Clerk's Office, itself, he felt his office was the only Constitutional Office in the State of Florida that has achieved said award, or even pursued it, because most of them do it through the County and his office did it on its own efforts. He stated that he was very proud of the award.
Commr. Swartz thanked those members of the County staff who worked with the Clerk's Finance Department in putting the budget report together, noting that he felt all would agree that this budget presentation was the best that the County has had, at least as long as he has been on the Board. He stated that he felt Ms. Sue Whittle, County Manager, should be recognized for the outstanding job that she did on the project, as well.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
COMMITTEES/RESOLUTIONS
Mr. Joe Shipes, a member of the Lake County Agricultural Museum Study Committee, was presented with a Resolution honoring his efforts to bring the Florida Agricultural Museum, in Tallahassee, to Lake County.
Mr. Shipes thanked the Board for said Resolution and thanked those individuals who assisted him in this project, particularly Mr. Dave Warren, Tourist Development Director, and his staff. He noted that Lake County is one of the top contenders for the Museum.
Commr. Hanson thanked Mr. Shipes for a job well done.
PUBLIC HEARING
CODE ENFORCEMENT/ORDINANCES/PLANNING AND DEVELOPMENT
DEVELOPMENT REGULATION SERVICES/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board that they had before them an Ordinance relating to Code Enforcement Procedures and the Lake County Land Development Regulations, which he read into the record, as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA; RELATING TO CODE ENFORCEMENT PROCEDURES AND THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 12.07.02 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS RELATED TO ENFORCEMENT PROCEDURE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mr. Minkoff stated that this Ordinance eliminates the restriction from anonymous complaints received by Code Enforcement. He stated that it will allow the complaints to be received by staff, acted upon, and brought before the Code Enforcement Board.
Mr. Thomas Leathers, Director, Code Enforcement, appeared before the Board and answered questions regarding the request.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz questioned whether the Ordinance could be fashioned so that, if there is an eminent public health, safety, or welfare issue, or, if, in the mind of the person wanting to file the complaint, there is some feeling of their own safety, the phone call would be taken, without having to get one's name.
Commr. Good stated that he feels the current system works and is comfortable with it. He stated that he is not comfortable with accepting anonymous complaints, noting that he feels they will exacerbate the problem. He stated that he is comfortable with individuals calling their Commissioner and having the Commissioner use his/her judgment, as to whether or not they wish to file the complaint, anonymously, under the Commissioner's name, rather than under the caller's name. He stated that he would not support the Ordinance, in its present form.
Commr. Swartz suggested, if this Ordinance passes, that staff try to monitor the different types of code violations that are alleged, whether or not they are anonymous, and whether or not staff is encountering any undue work load. He stated that there might be some other way to address the issue. He stated that he would support the request, as recommended by staff, but would request that it be monitored, to see if it is working, for the citizen's benefit.
Commr. Gerber stated that she felt it would be a good thing.
Commr. Hanson stated that the way it is presently set up, it circumvents the County's own regulations and she had a problem with that.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board adopted Ordinance No. 1996-4, Amending Section 12.07.12 of the Lake County Land Development Regulations, related to Code Enforcement procedures, as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA; RELATING TO CODE ENFORCEMENT PROCEDURES AND THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 12.07.02 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS RELATED TO ENFORCEMENT PROCEDURE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Commr. Good voted "No".
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Don Braksick, a resident of Leesburg, appeared before the Board stating that (1) he was present in support of the Volunteer Incentive Program for Fire and Emergency Services and (2) that he felt the Board needed to do something about the parking situation at the Courthouse.
No action was needed or taken.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMITTEES/FAIRGROUNDS
FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board stating that, on December 5, 1996, he gave a presentation regarding the proposed Expo Center and that, following said presentation, there were a number of questions relative to what the County was going to do with the old Fairgrounds site, if it should go forward with the Expo Center. He stated that it was suggested that staff work with an ad hoc committee, to study the matter, and that staff has suggested that said committee consist of a member of the Fairgrounds Board, the Tourist Development Council, the Industrial Development Authority, an elected official, a representative from the League of Cities, and a county staff member. He stated that he would also like to obtain an appraisal of the property, noting that one consideration would be to sell it and, to do so, the County would need an appraisal of the property and the facilities.
It was suggested that possibly someone from the School System and/or the Lake County Extension Service be a member of the committee, as well.
Commr. Swartz suggested that Commr. Cadwell or Commr. Good serve on the Committee, representing the Elected Official position.
A motion was made by Commr. Swartz and seconded by Commr. Gerber to authorize the formation of an ad hoc committee, to study the Fairgrounds issue, consisting of a member of the Fairgrounds Board, the Tourist Development Council, the Industrial Development Authority, an elected official (Commr. Cadwell), a representative from the League of Cities, a representative from the School System, and a representative from the Lake County Extension Service, bringing the number of members to seven; authorize an appraisal (estimated cost $7,500.00) of the property; and request staff to bring back a Resolution setting up said committee, with the necessary requirements and time frames.
Under discussion, Commr. Hanson questioned whether it would be appropriate for Mr. Mike Anderson, Director, Facilities and Capital Improvements, to be a member of said committee.
Ms. Sue Whittle, County Manager, interjected that it would not be appropriate for any of the County's staff to be a voting member on the committee.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
ACCOUNTS ALLOWED/FIRE AND EMERGENCY SERVICES
Chief Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board stating that one of the goals of the Board this year was for Fire/Rescue to develop a Volunteer Firefighter Incentive Program. He stated that they have done so and feel that it is an excellent program, with four major areas in mind, being (1) Direct Financial Incentives; (2) Indirect Financial Incentives; (3) Awards and Recognition; and (4) Volunteer Associations. He stated that the fiscal impact of the program is approximately $89,800.00.
Chief Haun referred to various pages of a booklet that had been prepared by his department, contained in the Board's backup material, regarding the Volunteer Incentive Program, at which time he read excerpts of said pages into the record. He then answered questions from the Board, regarding same.
Commr. Swartz stated that he felt the program was a good one, however, felt the appropriate course of action would be to have the program presented to the Fire/Rescue Advisory Board, for review and discussion, and then have it brought back to the Board, with a recommendation, at a later date.
It was noted that the County presently has approximately 275 volunteer firefighters.
Commr. Hanson commended Chief Haun for putting the program together and noted that she felt $89,800.00 was reasonable, considering the service that the County will be able to develop, in addition to the training of the individuals that will form the pool from which the County will hire its professional members.
Commr. Cadwell stated that he felt the program would be an incentive for the County's existing volunteers, as well as a great recruiting tool for the County. He commended Chief Haun for putting the proposal together.
Chief Haun noted that, at the present time, it costs the County approximately $40,000.00 per year for a full-time firefighter.
Commr. Cadwell stated that he felt the County should move as quickly as possible, regarding this matter.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to submit a request from Fire and Emergency Services for approval of the Volunteer Incentive Program to the Fire/Rescue Advisory Board, for their input, to be brought back to the Board, as expeditiously as possible.
RECESS AND REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would take a fifteen minute recess.
ORDINANCES/PUBLIC SERVICES
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board stating that they had before them a request to advertise an Ordinance amending the Lake County Code, Chapter 16, Article II, Parks and Recreation Advisory Board, Section 16-27, Quorum. He stated that staff was requesting approval of said Ordinance, due to the fact that, on March 21, 1995, the Board enacted Ordinance No. 1995-5, increasing the membership of the Lake County Parks and Recreation Advisory Board and this action was being taken to alleviate the problem of obtaining a quorum. He stated that said Ordinance should carry the Parks and Recreation Advisory Board into the future, in case there are any other additions or deletions to said Board.
A motion was made by Commr. Swartz and seconded by Commr. Hanson to approve a request from Public Services for approval to advertise an Ordinance amending the Lake County Code, Chapter 16, Article II, Parks and Recreation Advisory Board, Section 16-27, Quorum.
Under discussion, Commr. Hanson stated that she felt this was a problem other committees deal with too and that it may need to be looked at for them, as well.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
OTHER BUSINESS
POLICIES AND PROCEDURES/MISCELLANEOUS
Ms. Ava Kronz, Office Manager, Board of County Commissioners, explained this request, stating that some time ago the Board indicated a desire to have the Women's Hall of Fame Committee make the final determination for appointments to the Hall of Fame and that the Policy and Procedure before them this date would allow that.
A brief discussion occurred regarding the matter.
A motion was made by Commr. Hanson to approve a request to revise Section II, Item A, Definitions and References, and Section III, Items C and D, Directives of the Lake County Women's Hall of Fame Policy; and approval to revise Section III, Items E and F, Procedures of the Lake County Women's Hall of Fame Procedure, as amended.
Commr. Swartz stated that the Policy states, for 26-50 nominations, there will be two inductees and, for over 50 nominations, there will be three inductees and questioned whether the Policy was mandating that at least two or three candidates be appointed.
Ms. Kronz stated that she felt the Policy was stating that there would be up to two or three candidates; however, the Committee could bring forward more recommendations, if they felt the need to do so.
Commr. Swartz stated that the Policy should state what is intended.
Ms. Sue Whittle, County Manager, stated that she felt the purpose of the Policy was to limit the number of inductees, however, noted that it could be changed, by stating "no more than", or "up to three", based upon the number of applications received.
Commr. Hanson amended her motion to include, under Section III. D. of the Policy, language stating that for Items b. and c. "up to" would be inserted before the number of inductees, being 2 for Item a. and 3 for Item b.
Commr. Gerber seconded the motion.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PLANNING AND DEVELOPMENT/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board that staff received a request for a pending site plan for a commercial enterprise and determined the Access Management requirements, under the Code, and now the land owner/applicant wishes to obtain a variance from the Code sections. He stated that the Access Management section of the Land Development Regulations, Section 9.05.08, allows a variance to be filed and directs that said request come before the Board, for action, however, noted that there is another section of the Code, Section 12.06, which provides that the Board cannot grant variances to the Access Management sections of the Code, so there is a direct conflict. He stated that there is no way to rationalize it and read them both together. Mr. Minkoff recommended that the Board allow this matter to go forward, as a variance request, and then direct staff to clean up the Ordinance. He stated that, when staff cleans up the Ordinance, he would also like direction as to whether the Board feels it is appropriate for them to hear variances, or whether they feel they should go to some other Board.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to provide for a variance to Section 9.05.08 of the Code, which is in conflict with Section 12.06; to bring forward necessary amendments; and to authorize the use of a variance, until such time as the Code is changed.
TIMES CERTAIN
PRESENTATION - AMERICORP LAKE PROGRAM UPDATE
COMMUNITY SERVICES/MISCELLANEOUS
Ms. Robbie Hollenbeck, Special Projects Coordinator, Community Services, appeared before the Board stating that Mr. Fletcher Smith, Director, Community Services, would not be present for this presentation, due to the fact that his father passed away. She stated that he has worked very hard on the program and has enjoyed watching it grow. She stated that last year was the first year for the Americorp Program, nationwide, and that she was proud to have been a part of it. She stated that Ms. Myra Smith, Director, AmeriCorp Lake Program, did an incredible job and deserves a great deal of praise for her efforts.
Ms. Hollenbeck introduced some of the graduating members for this year, being Ms. Pat Miller, Coordinator; Ms. Ernestine Rivera, Environment Coordinator; Ms. Karen Tierce, Public Safety Worker; Mr. David McTier, Education Coordinator; and Ms. Beverly Coker, Public Safety Coordinator. She then introduced members of the new class, who were present in the audience, being Mr. Robert Simpson, Ms. Pamela Lovejoy, Ms. Julie Mogul, Ms. Crystal Wooden, Mr. Michael Kyser, and Ms. Connie Moser. She noted that the program is in the process of recruiting five additional members.
At this time, each of the graduating members of the 1995 class appeared before the Board and gave a brief statement about their experience with the AmeriCorp Program and what they had accomplished, as individuals, as well as a group, during their time with the program. They thanked the Board for allowing them the opportunity to make a difference in the communities.
Ms. Wendy Breeden, Library Coordinator, appeared before the Board stating that Mr. Smith, Director, Community Services, has been so committed to this project and was sorry that he could not be present for this presentation. She noted how hard he had worked in trying to make the program a success. She stated that she knew he would recognize Ms. Myra Smith, Director, AmeriCorp Lake Program, for what she has done for the program, as well. She stated that Ms. Hollenbeck has added a great deal of leadership to the program and was glad to see her come on board.
Commr. Swartz thanked the AmeriCorp Lake Program for their presentation, noting that it was the most information that the Board had received about the program, to date. He questioned whether the County had done anything to recognize those staff members that had gone above and beyond the call of duty and/or some of the businesses that were particularly outstanding. He recommended that staff send a tape of this presentation to Congressman Stearns, informing him of how the program has worked for Lake County and the citizens in this particular area.
Commr. Gerber noted that Congressman Stearns was scheduled to be in the Lake County area on Saturday, January 20, 1996, therefore, staff could just arrange to have a showing of the tape.
Commr. Hanson stated that, throughout the County, there are areas where this program can really make a difference.
Commr. Gerber stated that Ms. Hillary Knepper, Coordinator, Children's Commission for Children, has done a lot of work for the program and wanted to recognize her, as well.
Commr. Good thanked those members of the program who were present for their presentation, noting that it shows when the County invests in its citizens it gets a great return.
REPORTS
COUNTY ATTORNEY
PLANNING AND DEVELOPMENT/STATE AGENCIES/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board, for informational purposes, that the County had received its first two petitions regarding the appointment of Special Masters, under the Property Rights Act, and that he would keep the Board updated regarding same.
REPORTS
COUNTY MANAGER
OFFICE OF TOURISM/MISCELLANEOUS
Ms. Sue Whittle, County Manager, informed the Board that staff had prepared a letter to the Tampa Bay Buccaneers endorsing their relocation to the Orange, Osceola, or Seminole County areas, as requested by the Sports Commission, and that, with the Board's approval, she would mail said letter to the Buccaneers. She then read the letter into the record.
A brief discussion occurred regarding same, at which time a change in some of the language was recommended.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request by the County Attorney that a letter of support, as amended, be sent to the Tampa Bay Buccaneers, noting that Lake County fully supports the efforts of the Sports Commission in negotiating their move from Tampa to Orange, Osceola, or Seminole counties.
REPORTS
COUNTY MANAGER
COUNTY FINANCE
Ms. Sue Whittle, County Manager, requested the Board to acknowledge receipt of the December Monthly Financial Report. She noted that Revenue collections have picked up somewhat.
The Board acknowledged receipt of same.
REPORTS
COMMISSIONER'S BUSINESS
LAWS AND LEGISLATION/COUNTY PROPERTY
Commr. Hanson questioned the status of Representative Everett Kelly's Office.
Ms. Sue Whittle, County Manager, stated that Representative Kelly has been informed that the County will need to demolish the building housing his present office. She stated that he has been offered and has accepted space that is owned by the City of Tavares, however, said space will not be available until sometime in April or May of this year. She stated that nothing will be done with the present office, until that time.
REPORTS
COMMISSIONER'S BUSINESS
COMMITTEES
Commr. Hanson questioned whether there was a target date for appointing individuals to the Charter Commission.
Ms. Ava Kronz, Office Manager, Board of County Commissioners, informed the Board that the committee was advertised and that the deadline date for responding to the ad was January 10, 1996. She noted that some names would be submitted to the Board at the February 6, 1996 Board Meeting.
No action was taken.
REPORTS
COMMISSIONER'S BUSINESS
COUNTY ATTORNEY
Commr. Hanson brought up for discussion the issue of the Board possibly hiring outside legal counsel for the Code Enforcement Board, the Environmental Protection Board, and the Building Examiners, on a regular basis. She stated that she feels the County should look at the costs involved and only have outside counsel for those cases that the County Attorney feels are going to be controversial. She stated that she feels the County needs outside counsel, but is not sure that the County needs it on a routine basis.
A brief discussion occurred regarding the matter.
No action was taken.
REPORTS
COMMISSIONER'S BUSINESS
COUNTY EMPLOYEES/COUNTY MANAGER
Commr. Hanson questioned the status of the Deputy County Manager position.
Ms. Sue Whittle, County Manager, stated that she planned to make an announcement regarding the position before the end of the month.
Commr. Hanson stated that, in the past, she felt the County needed a Deputy County Manager, however, she now feels that things are going smoothly and the County does not need one.
It was noted that the County Manager is planning to reorganize the County and that said position will be needed.
Ms. Whittle, County Manager, stated that she believes the position is very much needed, to be able to accomplish the things that the County has talked about accomplishing. She stated that she informed the Board, early on, that the position was going to be a necessity.
Commr. Cadwell stated that he feels the net result will be that the County is going to save money, in the long run, and that he feels the direction Ms. Whittle is going, with some of the departments, will more than satisfy the concerns of whether the position is needed or not.
Ms. Whittle stated that she considered the position to be an authorized position and planned accordingly.
No action was taken.
REPORTS
COMMISSIONER'S BUSINESS
MISCELLANEOUS/MUNICIPALITIES
Commr. Cadwell noted, for informational purposes, that a reception was scheduled to be held at the City of Leesburg Community Building, on January 17, 1996, from 5:30 p.m. to 7:00 p.m., for Mr. Rex Taylor, City Manager, City of Leesburg, who will be resigning, and for the two new City Commissioners, for the City of Leesburg, being Dr. Edward Schlein and Mr. Chris Floyd, as well as for the outgoing City Commissioners, Mr. Joe Knowles and Ms. Sanna Henderson. He encouraged the Commissioners to attend.
Commr. Hanson noted that the Tourist Development Council will need a new representative to replace Ms. Sanna Henderson, who served on said committee, representing the Largest City in the County (City of Leesburg).
REPORTS
COMMISSIONER'S BUSINESS
COMMITTEES/MUNICIPALITIES
Commr. Cadwell informed the Board, for informational purposes, that Mr. David Hanna is the new President of the Lake County League of Cities and would be the contact person for said committee.
RECESS AND REASSEMBLY
At 11:45 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m.
TIMES CERTAIN
PRESENTATION - LAKE COUNTY NORTH-SOUTH BYPASS AND
EAST-WEST CONNECTOR FINAL TRAFFIC STUDY
PUBLIC SERVICES/ROADS-COUNTY AND STATE/STATE AGENCIES
Mr. Jim Stivender, Jr., Director, Public Services, appeared before the Board stating that the presentation this date pertained to Phase I of the North-South Bypass and East-West Connector Study area, which consists of evaluating all the major highways, from Main Street (Hwy. 44) in Leesburg, north to the Marion County line, west to the Sumter County line, and east, almost to Lake Griffin. He noted that Mr. Roy Chapman and Ms. Elizabeth Franks, Reynolds, Smith & Hills, Inc.; Mr. Don Griffey, Chief Engineer, Public Services; and Mr. Fred Schneider, Assistant to Chief Engineer, Public Services, would be giving the presentation. He stated that the Board would need to decide, this date, whether the County was justified in proceeding to Phase II, which will mean a more thorough study and more public involvement.
Mr. Roy Chapman, Reynolds, Smith & Hills, Inc., appeared before the Board stating that his firm was hired by the County to do a traffic study for the North-South Bypass and East-West Connector. He referred to a handout (Lake County North-South Bypass and East-West Connector Final Traffic Study), contained in the Board's backup material, as well as an additional handout (Lake County North-South Bypass and East-West Connector Traffic Study Results Summary), which he distributed to the Board, for their perusal, at which time he reviewed, in detail, the various charts and maps contained in said handouts. He stated that the study includes looking at U.S. 27 and Hwy. 441, from south of S.R. 44 all the way to the north end of the County, passing by the Cities of Leesburg, Fruitland Park, and Lady Lake. He stated that the purpose of the study was to determine (1) existing operating conditions and (2) what the future traffic volumes and operating conditions would be in the 2020 design year.
Mr. Chapman stated that the traffic volumes were determined for both the north-south bypass and for the east-west connector. He discussed levels of service (LOS) for the road network in the County, noting that they run from A to F, A being a good level of service and F being the worst. He stated that the County has an adopted LOS D for county roads and county road approaches to signalized intersections and the Florida Department of Transportation has an adopted LOS C for state roads and state road approaches to signalized intersections.
Mr. Chapman stated that his firm looked at improvements that would be needed and, if the County had the existing network, it would need to six lane all of U.S. 27 and U.S. 441, through the entire corridor that was studied, and make a number of intersection improvements. He stated that the improvements alone would not get the County to acceptable operating levels of LOS D on the County roads and LOS C on the State roads; therefore, a grade separation fly-over would have to be constructed at the U.S. 27/441
intersection, noting that the south bound left turns would have to have a freeway ramp built that would carry them over the top of the intersection, so that they would avoid the signal, which would then give the intersection an acceptable level of service. He noted, however, that that would be a very costly intersection to construct.
Mr. Chapman stated that, if the County went to the north-south bypass and east-west connector, it would need a four lane road on the north-south bypass, to achieve an acceptable operation. He stated that the east-west connector would operate acceptably with a two lane road, initially; however, the County would probably want to go to a four lane road, in the future, so it would probably want to buy the right-of-way for a four-lane road, to allow the road to be widened in the future, without having to buy right-of-way for the second time.
Mr. Chapman stated that, with these improvements, the north-south bypass east-west connector would take a significant shift of traffic away from U.S. 27/441 (approximately 24,000 cars per day). He stated that the current corridor being looked at has a lot of vacant property, which he felt would be easy to acquire, at a relatively low cost, and would preserve a second parallel route to relieve traffic on U.S. 27/441. He stated that he felt the opportunity is to go forward and do the project now, rather than wait for the traffic to get to a point where the County will want to build it, but will not be able to afford to buy the right-of-way. He then answered questions from the Board regarding the study.
Mr. Don Griffey, Chief Engineer, Public Services, stated that the County went into the project as a partnership with the Department of Transportation and the Federal Highway Administration. He stated that they reviewed Mr. Chapman's work and that it met with their standards. He stated that it is the County's intent, if they go through with the next phase, to complete the process completely, in conformance with the State and Federal guidelines, and that they hope to get them on board and have them take this project over as a State or Federal project.
Mr. Bob Proctor, City Commissioner, City of Fruitland Park, appeared before the Board stating that the City of Fruitland Park feels the bypass, in some configuration, is a necessity; therefore, they support it. He stated that, if it comes through, they envision a limited access road that will carry traffic at a fairly rapid pace. He stated that, if the County is going to move traffic, move it, otherwise, do not build it.
Mr. Jim Richards, City Commissioner, City of Lady Lake, appeared before the Board stating that he could not give the Board a final answer this date, but noted that the City of Lady Lake has some special interests, with regard to Transfer Station Road and First Street. He stated that it would be very difficult to approve the bypass, with limited access, unless the County is going to build service roads, because it would be locking off the land. He stated that the City of Lady Lake is in favor of the bypass and feels that two-thirds of the traffic on it will be through traffic, which will greatly help all the roadways. He stated that he feels the County is going to have to give some serious thought to where it is going to limit access and how it is going to do it.
Commr. Swartz stated that he felt, if the County was going to design the bypass as a north-south connector, to move traffic from somewhere in the Lady Lake area to south of Leesburg, it should design a road that is limited access. He stated that that should be the goal and, if the County was going to take any other approach, it was shortsighted and was going to be wasteful of money. He stated that he did not think the County should go into this project with a concept that would expect it to operate as a road would operate under the County's Access Management, noting that he felt Access Management was only a tool to be used, when the County has clearly failed, to try to keep it from being worse. He stated that, if the County is going to build a new road, it should build it with the intention to move traffic, as best it can.
Commr. Cadwell stated that the County needs to look at the proposed path and understand the economics of building a limited access road through a portion of the County that could seriously affect property values and people's ability to do something with their property. He stated that, to say the County is going to move traffic from the north end of the County to the south, as quickly as possible, is not realistic.
Mr. Griffey, Chief Engineer, Public Services, stated that, if the State chooses to pick up this project as a project of their own, they are going to want to have some say as to how it is developed.
A motion was made by Commr. Gerber and seconded by Commr. Hanson to proceed with Phase II of the North-South Bypass and East-West Connector Traffic Study, by Reynolds, Smith & Hills.
Under discussion, Commr. Good requested further clarification of Phase II of the contract.
Mr. Griffey distributed, for the Board's perusal, a chart (Lake County North-South Bypass and East-West Connector Project Development and Environment Study), which he reviewed, noting that the cost of the project would be approximately $400,000.00.
Commr. Swartz suggested tabling Commr. Gerber's motion, at this time, and direct staff to contact Ms. Nancy Houston, District Secretary, Department of Transportation, and invite her and her staff to meet with the Board and allay any concerns they might have regarding Phase II of the bypass study.
Commr. Gerber withdrew her motion and Commr. Hanson withdrew her second to the motion.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, by a 4-1 vote, the Board directed staff to contact Ms. Nancy Houston, District Secretary, Department of Transportation, and invite her and her staff to a workshop, to discuss Phase 2 of the Lake County North-South Bypass and East-West Connector Traffic Study.
Commr. Cadwell voted "No".
RECESS AND REASSEMBLY
At 3:40 p.m., the Chairman announced that the Board would recess for ten minutes.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES AND AGREEMENTS/COUNTY PROPERTY
PLANNING AND DEVELOPMENT/ZONING
Ms. Sue Whittle, County Manager, informed the Board that she had received, this date, a FAX of the signature page of the agreement between Lake County and LUFNET and noted that Mr. Karl Kehde, Director, Land Use Forum Network, Inc. (LUFNET), had signed the agreement and would be sending the original by mail.
Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board stating that he and Mr. Kehde had discussed a couple of concerns, one being that, on Page 4 of the agreement, under Scope of Services, it states, "Consultant agrees to provide County with adequate information and documentation of the development of a Unified Site Plan, without additional research or Project development." and he wanted to make sure that it was understood that he was not going to do the Unified Site Plan. He stated that Mr. Kehde was also concerned about the language contained in the second paragraph from the bottom of Page 7 of the agreement, which states, "County agrees to furnish consultant with such data, as required for the performance of basic services by consultant." He stated that, for clarification, Mr. Kehde wanted to add that the County will provide him with the topo maps and aerial photographs to take to the land use forums, where he will acquire public input and then bring them back to the Planning Division, for staff to actually develop the Unified Site Plan.
Commr. Cadwell noted, for the record, that he and Ms. Sue Whittle, County Manager, met with the Industrial Development Authority last week and that they unanimously approved to participate in the process and appointed Mr. Glenn Tyre as their representative.
Mr. Knight noted that the forum is scheduled for Sunday, March 3, 1996, at 4:00 p.m., and that, once the Board approves the agreement, he will talk to Mr. Kehde and set up meetings throughout the County.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Planning and Development for authorization for the Chairman to execute the Agreement between Lake County and Land Use Forum Network, Inc. (LUFNET), to conduct a land use forum for property generally located at the intersection of S.R. 19, U.S. 27, and the Florida Turnpike; and approval and execution of a letter to residents, property owners, and community leaders, regarding same.
REPORTS
COMMISSIONER'S BUSINESS (CONT'D.)
ROADS-COUNTY AND STATE/PUBLIC SERVICES
Commr. Hanson questioned the status of Brantley Branch Road, with regard to the Boggy Creek Gang issue, noting that they are very anxious to move forward with it.
A brief discussion occurred, at which time it was determined that the issue would be put on the agenda for the February 6, 1996 Board Meeting, for action.
REPORTS
COMMISSIONER'S BUSINESS
LAWS AND LEGISLATION/MEETINGS
Commr. Cadwell informed the Board, for informational purposes, that the County's legislative delegation was scheduled to meet January 17, 1996, at Lake Sumter Community College, at 1:30 p.m., and requested the Commissioners to be present, if possible, for input regarding various issues (contained in a packet of information that had been provided to the County's legislative delegation, to be discussed at the 1996 Legislative Session) of concern, which the Board feels are critical to Lake County.
REPORTS
COMMISSIONER'S BUSINESS (CONT'D.)
PLANNING AND DEVELOPMENT/ZONING
Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board and informed them of the Impact Fee Schedule, as follows:
February 6, 1996, at 3:00 p.m. - Workshop with Conservation Council, for them to present their document.
February 20, 1996, at 2:00 p.m. - Public Workshop to receive input regarding impact fees.
March 19, 1996, at 9:00 a.m., or soon thereafter, public hearing for adoption of Impact Fee Ordinance.
It was noted that Commr. Swartz had requested same earlier in the meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:10 p.m.
_______________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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