This meeting is a continuance of the Lake County Value Adjustment Board for 1995. The Board met in regular session on Tuesday, June 18, 1996, at 8:30 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were:
G. Richard Swartz, Jr., Chairman, Value Adjustment Board; William "Bill" H. Good; and Rhonda H. Gerber. School Board members present were: Claudia Ramsey and Kyleen Fischer. Others present were: Sanford "Sandy" Minkoff, County Attorney; Frank Royce, Chief Deputy, Property Appraiser's Office; Robbie Ross, Personal Property and Agricultural Operations Director; and Sandra Carter, Deputy Clerk.
The Chairman opened the meeting.
PETITION NO. 1995-376L - THOMAS AND ALISON MULLANY
Mr. Sandy Minkoff, County Attorney, informed the Board that this case involved a petition for agricultural exemption that was not timely filed, therefore, before the Board could even consider the merits of the case, under the Department of Revenue rules, they would have to make a determination of whether or not there was good cause justifying the late filing of the petition. He stated that, once the Board made that determination, if they found there was good cause, then they could get into the merits of the petition.
It was noted that the deadline for filing was September 15, 1995; however, the petition was not filed until April 25, 1996.
Mr. Thomas Mullany, Petitioner, appeared before the Board stating that, initially, he was informed that his denial of an agricultural exemption was due to the fact that he paid more than three times the amount of the agricultural value of his property, which is based on a ruling in the Florida Statutes; however, he had since been told by an employee in the Property Appraiser's Office that he could appeal his denial and be heard by this Board, thus, the reason for his late filing. He noted that he had been granted an exemption for 1996.
Mr. Robbie Ross, Personal Property and Agricultural Operations Director, Property Appraiser's Office, informed the Board that Florida Statute 193.461 gives guidelines that the Property Appraiser's Office follows that states if one pays more than three times the agricultural value of a parcel of property it is basis for denial of the classification. He noted that Mr. Chuck Hasley, Agricultural Appraiser, Property Appraiser's Office, had informed Mr. Mullany that he should file for an exemption for 1996 and that he could appeal his denial for 1995.
Mr. Minkoff read into the record what the Florida Statutes states regarding said matter.
Commr. Gerber stated that, while she sympathized greatly with Mr. Mullany, she did not feel that his reason for not filing in a timely manner constituted what the Board has determined to be extenuating circumstances, or good cause, and that she felt it would be unfair to change what they considered to be extenuating circumstances at this point in time.
Ms. Kyleen Fischer, School Board Member, stated that she felt the Board set the precedent earlier in the summer and that she did not hear those kinds of extreme statements from Mr. Mullany.
On a motion by Ms. Fischer, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board denied a request to hear the case involving Petition No. 1995-376L, Thomas and Alison Mullany, due to the fact that extenuating circumstances did not exist to cause the late filing of the petition.
Mr. Minkoff, County Attorney, noted, for informational purposes, that the first session of the Value Adjustment Board for 1996 was scheduled to be held August 1-2, 1996, at which time those cases involving Homestead and Agricultural denials would be heard, which he noted would alleviate some of the pressure in September, when the Board will hear cases involving value assessments.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 8:55 a.m.
_______________________________
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/6-18-96/6-18-96/boardmin
The Lake County Board of County Commissioners met in regular session on Tuesday, June 18, 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; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, requested that a request for permission to pursue a Historic Resources Grant for the Historical Museum be added to the Agenda under Reports.
Commr. Good requested that appointments to the Lake County Planning and Zoning Commission and the Lake County Solid Waste Study Committee be added to the Agenda under Reports.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to add to the Agenda under Reports a request for permission to pursue a historical grant for the Historical Museum; and a request for approval of appointments to the Lake County Planning and Zoning Commission and the Lake County Solid Waste Study Committee.
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 May 21, 1996 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Budget Transfers
Request for approval of Budget Transfers from the Office of County Finance, as follows:
Budget Transfers:
Fund: Mosquito Management Fund
Department: Public Services
From: Special Reserve $3,000
To: Operating Supplies $3,000
Transfer #: 96-193
Justification: State funds received in FY 95/96 were placed in special reserve. These funds need to be transferred in order to be used to purchase operating supplies.
Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency - Sheriff $10,000
To: Transfer - Law Operating $10,000
Transfer #: 96-203
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $10,000 of his contingency be transferred to Law Operating.
Fund: General Fund
Department: Constitutional officer/Property Appraiser
From: Contingency $20,000
To: Attorney Legal Fees $20,000
Transfer #: 96-204
Justification: Transfer needed to cover legal expenses incurred by the Property Appraiser on behalf of Lake County in the lawsuit Scripps Howard vs. Havill.
Fund: General Fund
Department: Planning and Development
From: Several $48,307
To: Improvements Other Than Buildings $48,307
Transfer #: 96-205
Justification: Request of the CDBG to transfer available account balances to Improvement Other Than Buildings account to cover higher than expected low bids.
Fund: Resort/Development Tax Fund
Department: Tourist Development
From: Contractual Services $33,000
To: Promotional Activities $33,000
Transfer #: 96-206
Justification: Transfer needed to place funds originally budgeted in Contractual Services for fulfillment service to Promotional Activities as a result of Board Action on May 7, 1996, approving Cramer-Krassett to handle fulfillment service for Lake County.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgments, as follows:
Lance David Berning, in the amount of $250.00, Case No. 93-183-CFA.
Lance David Berning, in the amount of $250.00 - Case No. 93-183-CF.
Juan Perez a/k/a Victor Perez, in the amount of $250.00 - Case No. 85-658CFA
Michael Allen Buck, in the amount of $250.00 - Case No. 95-1581-CFA
Bonds-Contractor
Request for approval of Contractor Bonds, as follows:
New
5462-96 Gary McCosker Air Conditioning, Inc.
Accounts Allowed/County Property
Request for approval of the list of County equipment for combined County-Cities Auction to be held in June 29, 1996; and deletion of fixed assets, in the amount of $845,989.67 for Capitalized Assets, and $7,984.72 for Non-Capitalized Assets.
Accounts Allowed/Reports
Request to acknowledge receipt of the Spending Exception Report for the $8,000,000 Lake County, Florida Line of Credit Revenue Note (First Union), Draw Number 1, for Capital Improvements.
Accounts Allowed
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.
Appointments-Resignations/Committees
Request to acknowledge receipt of letter from Mr. Keith Shamrock expressing regret that he would be unable to accept his appointment to the Lake County Board of Adjustment for District 5.
Reports/State Agencies
Request to acknowledge receipt of the Interim Recreation Amenity Budget for the newly acquired Recreational Amenities Division in accordance with Chapter 190 Florida Statutes. The final Fiscal Year 1995/96 budget will be considered at a public hearing held by the Village Center Community Development District on July 26, 1996.
State Agencies/Utilities
Request to acknowledge receipt of Supplemental Notice and Notice of Continuation of Hearing Before the Florida Public Service Commission to Southern States Utilities, Inc., et al; Docket No. 950495-WS, Application for rate increase in service availability charges by Southern States Utilities, Inc. for Orange-Osceola Utilities, Inc., in Orange-Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, Highlands, Lake, Lee, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties. Notice is hereby given that a hearing regarding Late Filed Exhibit No. 255 will be held on May 31, 1996, at 10:30 a.m., Betty Easley Conference Center, Tallahassee, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of City of Clermont Ordinance 308-M, annexing a certain parcel of land contiguous to the present city boundaries; adopted by the Clermont City Council on of May 14, 1996.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to JJ's Mobile Homes, Inc., Office of Public Counsel, of Mount Dora, George Wimpley of Florida, Inc., and All Other Interested Persons; Re: Docket No. 921237-WS, Application for Amendment of Certificates Nos. 298-W and 248-S in Lake County by JJ's Mobile Homes, Inc.; and Docket No. 940264-WS, Investigation into provision of water and wastewater service by JJ's Mobile Homes to its certified territory in Lake County. Notice is hereby given that a hearing will be held on June 24, 1996, at 1:30 a.m., Betty Easley Conference Center, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice from Florida Public Service Commission, In Re: Application for staff-assisted rate case in Highlands County by Placid Lakes Utilities, Inc.; Docket No. 950697-WU; Order No. PSC-96-0679-FOF-WU, Order Granting Temporary Rates in the Event of Protest and Notice of Proposed Agency Action Approving Increased Rates and Charges.
Municipalities/Ordinances
Request to acknowledge receipt of City of Tavares Ordinance 96-09, annexing approximately 3.67 acres of property generally located south of the S.R. 19 and C.R. 561 intersection into the corporate limits of the City of Tavares; and Ordinance 96-15, amending the boundaries of the City of Tavares by including within the City limits property general described as 0.63 acres located east of Lake Junietta and at the southwest corner of the intersection of U.S. 441 and Nightingale Lane; adopted by the Tavares City Council on April 3, 1996.
State Agencies/Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission of Commission Hearing and Prehearing to All Interested Persons; Docket No. 930173-TL; Petition by the residents of Polo Park requesting Extended Area Service (EAS) between the Haines City exchange and the Orlando, West Kissimmee, Lake Buena Vista, Windemere, Reedy Creek, Winter Park, Clermont, Winter Green and St. Cloud Exchanges. Notice is hereby given that a prehearing conference will be held on May 31, 1996, at 9:30 a.m., Betty Easley Conference Center, Tallahassee, Florida; and a hearing will be held on June 14, 1996, at 10:00 a.m., Polo Park East, Davenport, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Cadwell requested that Tab 3, approval and execution of a resolution endorsing the establishment of a National Cemetery in Flagler County; and Tab 9, approval to advertise a Public Hearing for an ordinance amending the Lake County Land Development Regulations identifying a bar or tavern as a conditional use in the C-1 (Neighborhood Commercial) and C-2 (Community Commercial District) zoning districts, be pulled from the Consent Agenda for discussion.
Ms. Sue Whittle, County Manager, requested that Tab 15, approval to proceed with Phase II of the North-South Bypass and East-West Connector Project Development and Environmental Study Project No. 19-93, RPS-5-4-02 at a fiscal impact of $362,840.44, be pulled from the Consent Agenda for discussion.
Ms. Whittle requested that Tab 18, acceptance of Final Plat for Reagan's Run Subdivision; approval and execution of a Developer's Agreement between Lake County and Amdev Corporation for maintenance of improvements; acceptance of an Irrevocable Letter of Credit for maintenance in the amount of $16,546.29; and approval and execution of resolution accepting Constance Way (#2-0739A), Kathleen Court (#2-0740A), Kipling Court (#2-0839D), and Reagan's Run Drive (#2-0840B) into the County Road Maintenance System, be withdrawn from the Consent Agenda.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Tab 3, Tab 9, Tab 15, and Tab 18:
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval and execution of Modification No. 1 to Emergency Management Preparedness and Assistance Trust Grant Agreement for Fiscal Year 1995/96; for a fiscal impact in the amount of $4,390.00.
County Employees/Human Resources
Request for Chairman to execute IRS Form 5500 and Schedule F -Annual Return/Report of Employee Benefit Plan; subject to final review and approval by the County Attorney.
County Employees/Human Resources
Request for approval of transfer of the position of Water Resources Engineer from the Department of Planning & Development to the Department of Public Services/Engineering Division/Engineering Operations; and correct the pay grade of the Community Development Support Services Specialist in Community Services from pay grade 16 to pay grade 15.
County Employees/Human Resources
Request for approval of the creation of a new position of Micro-Computer Technician, and a new Division of Micro-Computer Services under the direction of the County Manager's Office.
Contracts, Leases & Agreements/Grants
Request for approval and execution of Department of Community Affairs-Initiated Contract Amendment related to the Community Development Block Grant.
Ordinances/Growth Management
Request for approval to advertise a Public Hearing for an Ordinance amending the Lake County Land Development Regulations, Chapter II, defining Lot Grading, Chapter IX, Section 9.07.00 changing the name of the Section to Lot Grading, Erosion Control and Floodplain Management Regulations, and creating 9.07.09 regulating the movement, extraction and/or placement of soils within the limits of an individual residential lot or parcel boundary.
Committees/Ordinances/Growth Management
Request to advertise a Public Hearing for an Ordinance amending the Lake County Land Development Regulations Section 12.03.01 granting the Board of Adjustment the authority to hear variances to Section 14.20.00 Lot Line Deviation/Adjustment.
Ordinances/Growth Management
Request to advertise a Public Hearing for an Ordinance amending the Lake County Land Development Regulations Section 14.14.03 creating plot plan submittal requirements establishing a consistent application of setbacks relating to residential development.
Accounts Allowed/Contracts, Leases & Agreements/Road Projects
Request for approval and execution of Agreement between Lake County and HNTB Corporation for consultant services for the Lake Minneola and Lake Minnehaha Bridge Design Project No. 11-95, RPS-2-5-11; and authorization to encumber and expend funds, in an amount not-to-exceed $278,597.78, split equally between Road Impact Fund Benefit Districts 5 and 6; subject to final review and approval by the County Attorney - Commissioner District 2.
Accounts Allowed/Road Projects
Request for approval to award CR-48/#3-3123A Palm Drive Intersection Improvement Project No. 7-96, Bid No. B-6-6-22, to Paquette Paving Company, Inc.; and authorization to encumber and expend funds, in the amount of $63,986.25, from the Road Impact Fee Benefit District 4 Fund - District 3.
Accounts Allowed/Budgets/Public Services
Request for approval and execution of Arthropod Work Plan Budget for Fiscal Year 1996-97, for a fiscal impact in the amount of $35,078.00.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Resolutions
Request for acceptance of Final Plat for Top of the Hill Subdivision; approval and execution of Developer's Agreement for maintenance of improvements between Lake County and NK Development Corporation; acceptance of Certificate of Deposit for maintenance in the amount of $2,564.92; and approval and execution of Resolution No. 1996-93 accepting Top of the Hill Drive (#4-4181B) into the County Road Maintenance System - Commissioner District 4.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for acceptance of Final Plat for Lake Clair Place Subdivision; approval and execution of a Developer's Agreement between Lake County and Yeager Development Company for performance of improvements; and acceptance of an Irrevocable Letter of Credit for performance in the amount of $316,705.00 - Commissioner District 2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for acceptance of Final Plat for Third Addition to Vistas Subdivision (Phase 4); approval and execution of a Developer's Agreement for construction of improvements between Lake County and Franklin D. Longenbach; and acceptance of a Performance Bond in the amount of $24,116.00 - Commissioner District 2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Resolutions
Request for acceptance of Final Plat for Greater Groves Phase IV; approval and execution of a Developer's Agreement for maintenance of improvements between Lake County and Greater Construction Corporation; acceptance of a Maintenance Bond in the amount of $36,806.50; and approval and execution of Resolution No. 1996-94 accepting Dancy Trail (#2-0157A), Jaffa Court (#2-0158C), Marsh Trail (#2-0158E) and an extension of Greater Groves Boulevard (#2-0159) into the County Road Maintenance System - Commissioner District 2.
Accounts Allowed/County Buildings
Request for approval to dismantle the steel building and clear site located at 707 W. Givens Street in Tavares, for a fiscal impact in the amount of $40,000.00.
Municipalities/Rights-of-Way, Roads & Easements/Road Closings
Request for approval to advertise Road Vacation Petition No. 817 by W. T. Cox, Jr. to vacate rights-of-way, Lake Highlands Company, Section 15, Township 22, Range 26, Montverde area - Commissioner District 2.
Municipalities/Rights-of-Way, Roads & Easements/Road Closings
Request for approval to advertise Road Vacation Petition No. 820 by Jim Stivender, Jr., Senior Director, Lake County Public Services, to vacate rights-of-way, Section 2, Township 21, Range 25, nearest town Howey-in-the-Hills - Commissioner District 3.
Municipalities/County Property
Request for approval and execution of Town of Astatula's Petition for Voluntary Annexation.
Contracts, Leases & Agreements/State Agencies
Request for approval and execution of Agreement between Lake County and Sunrise ARC of Lake County, Inc. whereby Sunrise ARC will relocate/reconstruct a four foot chain link fence that currently exists along Poe Street, to a location outside of the right-of-way. Said relocation/reconstruction shall be done at such time as the County begins construction of a paved road or other substantial improvements within the dedicated right-of-way of Poe Street as described in Exhibit "B" of this agreement.
Roads-County & State/Signs/Resolutions
Request for approval of Resolution No. 1996-95 authorizing the posting of a speed limit on the following roads in the Tavares/Mount Dora area: Harbour Drive (3-4063), Lakeview Lane (3-4063A), Belle Ayre Drive (3-4064), Garland Way (3-4163A), W. Oak Hill Road (3-4163B), Oak Hill Road (3-4163C), E. Oak Hill Road (3-4163D), Laurel Drive (3-4164), Azalea Court (3-4164A), Camellia Street (3-4164B), Oleander Street (3-4164C), Golden Isle Drive (3-4263), Emerald Drive (3-4263A), Pearl Drive (3-4263B), Ruby Drive (3-4263C), Ruby Court (3-4263D), Shores Acres Road (3-4265) and McDonald Terrace (3-4265A).
Roads-County & State/Signs/Resolutions
Request for approval of Resolution No. 1996-96 authorizing the posting of speed limits on the following roads in south Lake County: Thomas Cove Drive (2-2809), Indigo Road (2-2310 County maintained portion), McKenzie Road (2-2310A), U.S.D.A. Road (2-2711), Bridges Road (2-2713), and Austin Merritt Road (2-2607).
Deeds/Roads-County & State
Request for acceptance of the following deeds:
Statutory Warranty Deeds:
JMJ Building Company
Tarpon Avenue #5-8070A
Charles and Natalie Carroll
Dwights Road #2-0539
Claude E. Smoak, Jr. and Homey Jean Smoak
C-561
Frances Buckland
C-450 and Peru Road #5-7961
Non-Exclusive Easement Deeds:
EBK Properties, Inc.
Cross Access - U.S. 441
Wilder Corporation
S. Em-En-El Grove Road #5-7837
Evelio and Gladys Acosta
C-33
Quit Claim Deeds:
Victor Roepke
Swift Road #4-7798B
Wilder Corporation
S. Em-En-El Grove Road #5-7837
Thala D. Thomasson, a.k.a. Thala D. Poe
Lake Seneca #4-5983
Charles R. Poe
Lake Seneca #4-5983
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 1277
Applicant: Samual J. Possee and
Betty Lou Possee, husband and wife
Location: S 1/2 Lots 1 & 2, Block 25, CONANT, Lady Lake area
Recommend: Reserve 50 feet from the centerline of County Road 25
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 1596
Applicant: Marilyn R. Pierson
Location: Lot 5, Crest Haven Subdivision, West of Umatilla
Recommend: Reserve 33 feet from the centerline of Wilson Parrish Road #5-7660
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 2432
Applicant: Thomas C. Shaw & Martha K. Shaw
Location: Lots 3 & 6, Block 66 Map of Astor
Recommend: Reserve 42 feet from the centerline of 7th Street and reserve 42 feet from the centerline of Pearl Street #4-9788A.
Accounts Allowed/Bids
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposals and Professional Services.
DIVISION AMOUNT
CAPITAL IMPROVEMENTS $75,000.00
Estimated
Authorization to reject Bid #B-1-6-19, HVAC System for Lake County Medical Examiner's Facility and seek Professional Services for an Electrical Engineer, at an estimated cost of less than $10,000.00, and rebid the construction of the HVAC System at an estimated cost of $65,000.00. This request for Professional Services is to provide load calculations, specifications, drawings, prints and proper documents needed to rebid the HVAC System. Funding for this is from Account #301.0857620.513.8600620.
COUNTY WIDE The usage for this service is estimated to be over $25,000.00.
Authorization to reject Proposal #P-3-6-08, Annual Physical due to lack of response and permission to reissue the proposal with revised specifications. The purpose of this Proposal will be to establish a firm price for physicals for the Department of Solid Waste Management Services, Department of Fire and Emergency Services and the Office of Human Resources. Funding for this will come within budgeted funds from the departments.
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 AMOUNTS
MOSQUITO MANAGEMENT $83,600.00
Cheminova, Inc./Authorization to waive bid requirements and sole source the purchase of an estimated 4,000 gallons of Fyfanon, Malathion 95% Technical and issue a purchase order within budgeted funds for fiscal year 95/96. Cheminova, Inc. is the only American manufacturer of bulk Malathion with the "Mosquito Control Use Only" label. This type of Malathion has worked successfully for Mosquito Management and is one of the cheapest compounds on the market. The Board approved the sole source purchase of Fyfanon in November 1994. Funding for this is from Account #116.5044210.562.8300520 and #116.5044110.562.8300520.
Accounts Allowed/Grants
Request for approval and execution of Waste Tire Grant Application, execution of subsequent application and any and all reimbursement requests as needed through Fiscal Year 1996/97; and approval to encumber and expend funds in an approximate amount of $119,383.00.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Resolutions/Growth Management
Request for approval and execution of Resolution No. 1996-97 amending Resolution No. 1995-155, adopted July 18, 1995, revising the Comprehensive Plan Amendment Schedule for Calendar Year 1996, amending the Second Amendment Schedule for 1996.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the following request:
County Property
Request for approval of Addendum No. 1 to list of County equipment for combined County-Cities Auction to be held on June 29, 1996.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
STATE AGENCIES
Mr. Wayne Hamilton, Risk Manager, appeared before the Board and introduced Mr. Donald L. Albright, Senior Safety & Health Program Development Analyst, Division of Safety, Department of Labor and Employment Security, State of Florida.
Mr. Donald L. Albright, Senior Safety & Health Program Development Analyst, Division of Safety, Department of Labor and Employment Security, State of Florida, appeared before the Board and introduced Ms. Altha Manning, Director of Division of Safety.
Ms. Altha Manning, Director of Division of Safety, appeared before the Board to present the Award of Achievement to Lake County and stated that the safety awards program allows the State of Florida, Division of Safety, to recognize those employers who have safe work environments. She stated that Lake County's worker's comprehensive costs have been reduced by ninety-three (93%) percent, the highest in the State in terms of reductions, and results in a reduction from $474,000.00 to $31,000.00. At this time, Ms. Manning presented the State of Florida, Department of Labor and Employment Security Division of Safety Award of Achievement, from June 1, 1995 to March 31, 1996, to Commr. Welton Cadwell, Chairman, and Mr. Wayne Hamilton, Risk Manager.
Mr. Hamilton recognized Mr. Stan Bainter, State House of Representatives; Mr. Everett Kelly, State House of Representatives; and Ms. Katherine McBride, representing Ms. Karen Johnson, State House of Representatives, who were present in the audience. At this time, he introduced the Lake County Work Place Safety Committee.
Mr. Everett Kelly, State House of Representatives, appeared before the Board to extend congratulations to Lake County and the Lake County Work Place Safety Committee.
PUBLIC HEARINGS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, informed the Board that the Ordinance Amending Chapter 6 of the Lake County Code, Building and Construction had been withdrawn from the Agenda and would be readvertised due to a change and brought back to the Board in July.
TIMES CERTAIN
WORKSHOP - RAILS TO TRAILS TASK FORCE REPORT
Commr. Cadwell informed the Board that the workshop on the Rails to Trails Task Force Report has been postponed this date.
Ms. Sue Whittle, County Manager, stated that the workshop would be rescheduled at the Regular Board of County Commissioners Meeting on July 9, 1996.
WORKSHOP - FLORIDA DEPARTMENT OF TRANSPORTATION TENTATIVE WORK PROGRAM FOR FISCAL YEAR 1997/98 AND SHORT RANGE COMPONENT OF FLORIDA TRANSPORTATION PLAN
Mr. Jim Stivender, Senior Director, Public Services, appeared before the Board to present the workshops on the Florida Department of Transportation Tentative Work Program for Fiscal Year 1997/98, and the Short Range Component of Florida Transportation Plan.
Mr. Mike Szunyog, Florida Department of Transportation, appeared before the Board to present the Florida Department of Transportation Tentative Work Program for Fiscal Year 1997/98. It was noted that "Implementing the 2020 Florida Transportation Plan 1996-2005"; the "Annual FDOT Work Program Process, June 1996"; and the "Florida Transportation Plan, May 1996" had been distributed to the Board prior to the start of the presentation. Mr. Szunyog reviewed the Schedule for Developing the FY 1997/1998 to FY 2001/2002 Work Program and noted that the Work Program would be adopted by the State on July 1, 1997. He stated that the County would be required to submit a "Scope of Services for Transportation Projects" form for all projects not currently in the FDOT Work Program.
At this time, Mr. Szynog stated that the Florida Transportation Plan sets the direction for Florida's 21st century transportation system, and its purpose was to establish long range state transportation goals and objectives for the next twenty to twenty-five years that implement the Florida Department of Transportation's mission. He explained that the 1996-2005 Short Range Component defines how and when Florida will proceed toward meeting those long range goals and objectives. He stated that the Short Range Component would be updated annually to document the short range objectives and strategies necessary to meet the direction established in the Florida Transportation Plan, and identifies important issues and ways to address said issues. He requested that the Board review the Short Range Component and stated that the Florida Department of Transportation would be soliciting comments from the Board as they begin to update the plan.
It was noted that a public hearing has been scheduled by the Florida Department of Transportation at the Agriculture Center on June 25, 1996, at 5:00 p.m., to present the Work Program for the road project along Highway 441 from Leesburg to Tavares, and to discuss the Project Development Environmental Phase.
Commr. Cadwell stated that representatives from the City of Eustis, the City of Leesburg and the Lake County School Board were present in the audience.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience. It was noted that no one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BUDGETS
Mr. Barry Brown, Director of Economic Development, appeared before the Board to discuss the request to refund the Jobs Growth Investment Trust Fund and stated that the Jobs Growth Investment Trust Fund has proven to be an important and effective tool in aiding the expansion of existing businesses and in helping to recruit new business to Lake County. He explained that the fund currently has a balance of $12,500.00, with an outstanding commitment of $26,500.00 payable to Beverage Body and Trailer, Inc. He stated that the Board has invested $384,000.00 in Lake County businesses, and the return on said investment has resulted in 176 new jobs; $29,000,000.00 in capital investment; and approximately $513,000.00 in new ad valorem taxes annually. He further stated that, based on the past performance of the Jobs Growth Investment Trust Fund, the Board could reasonably estimate that the additional funding would create 130 new jobs, $21,000,000.00 in capital investment, and an additional $400,000.00 in annual ad valorem taxes.
It was noted that Mr. Billy Spikes, a member of the Industrial Development Authority, was present in the audience to show support of this request.
Commr. Good stated that it was his understanding that the Jobs Growth Investment Fund was created for the purpose of strengthening and diversifying the existing economy, and to help small local business find new market lines. He expressed concern that the fund was strengthening companies that were already strong, and stated that there was potential to strengthen some of our smaller companies and corporations. He stated that he was not convinced that goal was being met with the present direction and allocation of funds.
Commr. Cadwell stated that the Jobs Growth Investment Trust Fund has been successful as a job creation fund, and as an investment fund. He stated that his concern was with creating good paying jobs in Lake County and creating a tax base that requires very little service and noted that no small companies have been turned down that have qualified for the program. He stated that he would present Commr. Good's concerns to the Industrial Development Authority and request that the IDA address said concerns.
Commr. Swartz stated that Commr. Good's comments were not criticism or negative but were a positive approach to expanding the program. He stated that the County was now in the position to look for companies that could be helped by the Jobs Growth Investment Trust Fund.
Commr. Gerber stated that the Board had previously discussed using the interest from impact fee funds for partially funding the Jobs Growth Investment Trust Fund. She suggested that the Impact Fee Committee consider this issue.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to refund the Jobs Growth Investment Trust Fund in the amount of $300,000.00.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
RESOLUTIONS
Commr. Cadwell briefly discussed the request for approval and execution of a resolution endorsing the establishment of a National Cemetery in Flagler County, Florida. He requested that Section 1. of the resolution be amended to stated that Board of County Commissioners of Lake County support the establishment of a National Cemetery in the area of Flagler County, Florida after consideration has been given to the expansion of the National Cemetery in Bushnell.
Commr. Good made a motion, which was seconded by Commr. Hanson, to approve a resolution endorsing the establishment of a National Cemetery in Flagler County after consideration has been given to the expansion of the National Cemetery in Bushnell.
Commr. Swartz suggested that Lake County discuss with Sumter County a pro-active approach in the expansion of the National Cemetery in Bushnell.
At this time, Commr. Good withdrew his motion and Commr. Hanson withdrew her second to the motion.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to discuss the possibility of a joint effort between Lake County and Sumter County for the expansion of the National Cemetery in Bushnell prior to approval of a resolution endorsing the establishment of a National Cemetery in Flagler County.
ORDINANCES/PLANNING
Commr. Cadwell brought up for discussion the request for approval to advertise a Public Hearing for an ordinance amending the Lake County Land Development Regulations identifying a bar or tavern as a conditional use in the C-1 (Neighborhood Commercial) and C-2 (Community Commercial District) zoning districts. He explained that the County has zoning classifications that allow commercial activities and to make an individual go through the proposed process was cumbersome to the applicant. He stated that he would not support this request.
Commr. Hanson noted that this request was a citizens' initiative, and the change would provide the citizens greater assurance that a bar would not be approved next to a residential zoning classification without public input.
Commr. Swartz stated that there were other uses allowed in C-1 (Neighborhood Commercial) and C-2 (Community Commercial District) that do not require a Conditional Use Permit that are equally or more obnoxious, and to single out a bar or tavern, because of two (2) instances that have particular and unusual circumstances, was an issue that should be addressed. He stated that he would not support this ordinance as a blanket denial, or a Conditional Use Permit being the only means of getting approval. He suggested that the Board may want to look at situations where C-1 (Neighborhood Commercial) or C-2 (Community Commercial District) zoning was immediately adjacent to residential parcels and under those circumstances require a Conditional Use Permit.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to instruct staff to review commercial uses in C-1 (Neighborhood Commercial), C-2 (Community Commercial District) and other zoning classifications that create potential conflict of land use; to bring back recommendations to the Board, in a workshop, that address utilizing characteristics as Comprehensive Plan land use, such as Rural Village, or Suburban Rural designations; and review and provide a recommendation on issues regarding land uses adjacent to residential or other land uses which would clearly be incompatible.
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Senior Director, Public Services, presented the request for approval to proceed with Phase II of the North-South Bypass and East-West Connector Project Development and Environment Study.
Commr. Swartz suggested that the Board request staff to bring back a specific recommendation for setting aside funding for right-of-way acquisition from impact fee funds that would be designated annually to go into a fund that would provide for the ability to go forward with right-of-way acquisition.
Commr. Good suggested that the County approach the municipalities as an alternative funding source for acquisition of right-of-way for the North-South Bypass and East-West Connector Project. He suggested that a part of the study should focus on finding all possible funding sources so that said funding could begin the purchase of right-of-way if the Board approves to spend money on the design of the program.
Commr. Swartz clarified that the request before the Board at this time was a commitment to go forward with the concept of the North-South Bypass and East-West Connector Project. He suggested that a possible funding source would be to supplement the funding with gas tax, which would involve the municipalities directly involved in the project.
Mr. Roy Chapman, Reynolds, Smith & Hills, appeared before the Board and explained that the North-South Bypass and East-West Connector Project Development and Environment Study was a process of reviewing the environmental social impacts, right-of-way costs, construction costs, identify the various alternatives, no-build alternatives stays, the viable alternative throughout the entire life of the project. He explained that the no-build alternative, and a preferred alternative would be presented at a public workshop and at a public hearing. He explained that after the process has been completed, a preliminary plan would be prepared to identify the right-of-way that was required, and the alignment for said right-of-way. He explained that to go forward with the project, at that point, a set of specific design plans would be prepared and right-of-way acquisition could begin.
Mr. Minkoff stated that it was important that the Board consider a workshop to review the right-of-way acquisition process and to discuss and develop strategies on how to approach right-of-way acquisition.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to proceed with Phase II of the North-South Bypass and East-West Connector Project Development and Environment Study Project No. 19-93, RPS-5-4-02 at a fiscal impact of $362,840.44; to instruct staff to bring back to the Board recommendations for setting aside funding for right-of-way acquisition; and to instruct the County Attorney's office to begin preparation for a workshop to the Board on strategies on how to approach right-of-way acquisition and funding alternatives.
REPORTS
COUNTY MANAGER
ACCOUNTS ALLOWED/GRANTS/HISTORIC MUSEUM/COUNTY BUILDINGS
Ms. Sue Whittle, County Manager, presented a request for permission to pursue a Historic Resources Grant, in the amount of $35,000.00 with a $35,000.00 local match, for the purpose of assisting in the plans for developing the Historical Museum in the Historic Courthouse. She noted that the application must be submitted by July 1, 1996.
On a motion by commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for permission to pursue a Historic Resources Grant, in the amount of $35,000.00, with a $35,000.00 local match.
COUNTY ATTORNEY
DEEDS/ROADS-COUNTY & STATE
Mr. Sandy Minkoff, County Attorney, presented the request to advertise a public hearing for an Ordinance relating to the release of Murphy Act State Road Reservations, and explained that the ordinance provides authorization for the County Manager or designee to approve the release of Murphy Act State Road Reservations by the Board of Trustees of the Internal Improvement Fund. He explained that Joint Planning Area provisions with the municipalities have been incorporated, and would require the staff to notify the municipality if the release was within the Joint Planning Area or utility area of a city. He explained that the State process for the release of Murphy Act State Road Reservations requires an application fee in the amount of $300.00, and approval of the County for that application. He explained that the Legislature could address the release of Murphy Act State Road Reservations and make the process less complicated.
Commr. Hanson stated that she would support a Board initiative to make a proposal to the State through the County Legislators to consider blanket removals, and to delete the application fee in the amount of $300.00 charged per residence.
Mr. Jim Stivender, Senior Director, Public Services, appeared
before the Board to discuss this issue and explained that the proposed ordinance would allow staff to act immediately on the release of Murphy Act State Road Reservations without coming to the Board for approval, which would result in tremendous savings in time.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to advertise a Public Hearing for an ordinance relating to the release of Murphy Act State Road Reservations; to prepare a plan to take to the Legislative Delegation which would require blanket removals; and to delete the $300.00 application fee charged per residence.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise a public hearing for an Ordinance Amending Chapter 11, Lake County Code, Relating to Health and Human Services, Article II, Emergency Services and explained that this process governs the public convenience and necessity, and provides a procedure and standards to be used in approvals for Advanced Life Support and Basic Life Support Transportation Services.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved to advertise a public hearing for an Ordinance amending Chapter 11, Lake County Code, Relating to Health and Human Services, Article II, Emergency Services.
CONTRACTS, LEASES & AGREEMENTS/COMMITTEES
Mr. Sandy Minkoff, County Attorney, presented the request for approval to execute Agreement between Lake County and Stone & Gerken, P.A., for outside legal services to the Lake County Grievance Committee, and explained that he would be a witness in the Milton J. Tinis Grievance Hearing.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to execute Agreement between Lake County and Stone & Gerken, P.A., for outside legal services to the Lake County Grievance Committee.
ADDENDUM NO. 1
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Cadwell presented the request for appointments of individuals to fill the positions of Citizen Representative and Agriculture Representative on the Environmental Protection Board. It was noted that the appointment of an individual to represent the category of Agriculture Representative would be postponed until such time that the Chairman has had an opportunity to discuss said appointment with Mr. Carroll "Bud" Ward, who has been serving in this position since July 21, 1992, to determine if he was actively engaged in agriculture operations.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Mr. John L. Atwater, Jr. to fill the position of Citizen Representative on the Environmental Protection Board for a two year term expiring on June 5, 1998.
COMMITTEES
Commr. Good discussed the creation of a Lake County Agricultural Advisory Committee that would replace the current Agricultural Advisory Committee, and explained that he would support an increase in the membership of the new Agricultural Advisory Committee from eleven (11) members to twenty-one (21) members with a pro-active direction. He noted that the proposed ordinance before the Board at this time states that agriculture, the production and utilization of food and fiber for human consumption and use, is an underdeveloped enterprise in Lake County, and recent increases in suburban and urban population have increased the need for local agricultural production. He briefly discussed the purpose, duties, and membership of the new Agriculture Advisory Committee.
Commr. Hanson stated that she would like for the proposed ordinance to go back to the Agriculture Advisory Committee currently in existence for their review and comments. She discussed Section 2-90.15. Membership, and suggested that Item 4. (a) reflect one (1) member representing the "Extension Director" and not the "Extension Advisory Council", and that one (1) member representing equestrian interest, and one (1) member representing the County forestry be combined with the other five commercial agricultural categories. She further suggested that the Committee sunset in four (4) years and that the horticultural industry be added to the ordinance.
Mr. Sandy Minkoff, County Attorney, noted that the current Agricultural Advisory Committee, and the terms of the existing members could be extended by resolution for an additional period of time.
Ms. Sue Whittle, County Manager, informed the Board that the County strongly recommends against employees being in a voting position on policy type advisory committees and requested that one (1) member representing the "Extension Advisory Council" not be changed to the "Extension Director", as suggested.
Discussion continued in regard to membership of the Agricultural Advisory Committee; at which time, Commr. Hanson suggested that one (1) member representing the Extension Advisory Council; and one (1) member representing County Agricultural liaison be removed from Section 2-90.15. Membership.
Commr. Swartz suggested that Commr. Good bring back to the Board the proposed ordinance after the current Agricultural Advisory Committee has had the opportunity to review said ordinance. He stated that he would agree that there should be a different focus and that the increase in membership and the change in the purpose and duties was a positive step. He suggested that the terms of the members, and the current Agricultural Advisory Committee be extended an additional thirty (30) days to provide Commr. Good the opportunity to present the draft ordinance to the Agricultural Advisory Committee for their comments.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda a request for approval of a resolution extending the timeframe of the existing Agricultural Advisory Committee.
Commr. Hanson made a motion to extend the timeframe for the Agricultural Advisory Committee for a maximum of ninety (90) days.
The motion died for a lack of a second.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1996-98, extending the terms of the existing members of the Lake County Agricultural Advisory Committee, and extending the resolution providing their existence for a period of up to sixty (60) days or until such time as said committee can meet and review the recommendations presented this date and provide input with regard to a new Lake County Agricultural Advisory Committee.
REPORTS (CONTINUED)
COUNTY MANAGER
Ms. Sue Whittle, County Manager, informed the Board that a Board Retreat has been scheduled on June 20, 1996, at 9:00 a.m., at the Lake County Boys Ranch.
COMMISSIONER GERBER - DISTRICT NO. 1
Commr. Gerber discussed the issue of a Special Masters for the Value Adjustment Board for 1996, and emphasized the importance of this issue being brought before the Board for discussion prior to the Value Adjustment Board meetings in the fall.
Commr. Swartz encouraged the Board to consider a Special Masters for the Value Adjustment Board and noted that the cases were becoming more complex, and more attorneys were representing cases. He noted that homestead and agricultural exemptions were scheduled to be heard in August.
Commr. Cadwell noted that the Lake County School Board should be involved in the discussions regarding a Special Masters for Lake County.
COMMISSIONER GOOD - DISTRICT NO, 2
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Lavinia J. Dierking to the Lake County Planning and Zoning Commission.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointments of Ms. Tracey A. Schoonmaker, representing the category of At-Large Representative; and Arthur "Mac" Elder, representing District 3, on the Lake County Solid Waste Study Committee.
ADDENDUM NO. 1
REPORTS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Lori-Webb-Paris, representing District 5, on the Lake County Board of Adjustments.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:10 a.m.
___________________________________
WELTON G. CADWELL, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
MSF\BOARDMIN\6-18-96\6-25-96