The Lake County Board of County Commissioners met in regular session on Tuesday, December 17, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuance Quality Improvement; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that there was an Addendum to the Agenda.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 19, 1996 (Special Meeting - Investiture), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budgets/Budget Transfers/County Finance
Request for approval of the following Budget Adjustments for Fiscal Year 1996/97:
A. Transfers:
1. Fund: Landfill Enterprise
Department: Solid Waste
From: Contingency $6,000
To: Communications & Freight $6,000
Transfer #: 97-038
Justification: Transfer necessary to establish 410 account which was erroneously omitted from the adopted budget.
Bonds - Contractor
Request for approval of Contractor Bonds - New, Cancellations, and Rider, as follows:
New
5345-97 Jerry D. Hill d/b/a A-R-S-Roofing
5461-97 Vicki Syanne Theriault d/b/a Top Choice Roofing
5505-97 Edward Sant (General Contractor)
5507-97 John P. Rosier d/b/a Rosier Electric, Inc.
Cancellations
5276-95 Gary Jaworski
5364-95 Tom Lane Construction (General Contractor)
Rider
1722-97 James J. McCutcheon d/b/a J-Mac Builders and Developers (Anniversary date has been changed to read September 30, 1997.)
Ambulances-Hospitals/Bonds/Committees/Resolutions
Request for approval of Bond for Joseph H. Nolette, who was elected as a member of the Board of Trustees, North Lake County Hospital District, as required by Lake County Resolution No.
1990-12.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for State
of Florida vs. Kenneth S. Lamkin, in the amount of $300.00, Case No. 85-26631TT42, and authorized proper signatures on same.
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.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 96-26, from the City of Eustis, adopted by the Eustis City Commission on November 7, 1996, with an effective date of November 7, 1996, initiated by the property owner, annexing into the corporate limits of the City of Eustis, Florida, 12.14 acres of land at 2000 E. Washington Avenue, subject to the Lake County Land Use Map Designation of "Urban", pursuant to Florida Statute 171.062, with a proposed city land use designation to be assigned following review by the State of Florida.
Utilities
Request to acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Application for transfer of Certificate No. 123-W, in Lake County, from Theodore S. Jansen, d/b/a Ravenswood Water System, to Crystal River Utilities, Inc., Order Approving Transfer and Notice of Proposed Agency Action Order Establishing Rate Base for Purposes of the Transfer and Decision Not to Include a Positive Acquisition Adjustment in the Calculation of Rate Base and Implementing a Late Charge and Modifying the Deposit Charge.
ADDENDUM NO. 1
CLERK OF COURTS' CONSENT AGENDA
BUDGETS/COUNTY FINANCE
Ms. Barbara Lehman, Chief Deputy, County Finance, presented the Board with the 1997 Annual Budget Book. She pointed out the fact that the cover of the book, as well as the various tabs, contained art work that was submitted by Lake County secondary high school students who participated in the "Lake County Vision Through the Eyes of Youth" project. She stated that staff included the Focus Areas of the Board and referenced the action steps from the Focus Areas to each department and their performance objectives, as a means of enhancing the book as a policy document. She introduced the Budget Office staff and thanked them for their hard work.
Commr. Good thanked Ms. Lehman and the Budget Office staff for all the work they do and noted that it helps the Board tremendously to have the Budget Book come to them in such a concise and organized format.
Commr. Hanson interjected that she felt the art work contained in the Budget Book was a nice touch and displayed the talent that is present in Lake County in its young people. She thanked Ms. Sarah LaMarche, Budget Director, for being instrumental in obtaining the art work for the books.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PUBLIC HEARING
RESOLUTIONS/SOLID WASTE
Ms. Cindy Heffler, Assessment/Customer Service Coordinator, Solid Waste Management Services, appeared before the Board stating that the Resolution before them was a Notice of Intent to Use the Uniform Method for the Levy, Collection, and Enforcement of Non-Ad Valorem Special Assessments, provided for in Chapter 197 of the Florida Statutes. She stated that the County is currently using the uniform method for Fire and Rescue Services; the Solid Waste Collection and Disposal Assessment; the Village Green Street Lighting Assessment; and three subdivision assessments, being Greater Groves, Greater Hills, and Greater Pines, which include street lighting, recreational service facilities, and sidewalks. She stated that, during the next year, staff will be investigating the possibility of a stormwater assessment, additional street lighting assessments, and utilizing the uniform method to collect new road project assessments. She stated that, in addition, staff will be working with the Board appointed Solid Waste Study Committee on a commercial assessment. She stated that the Resolution did not bind the Board to add any new assessments, however, would be required, should the Board elect to do so.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste Management Services to authorize and execute the Notice of Intent of Use of the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Municipal Service Benefits Resolution, subject to review and approval by the County Attorney.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that she would like to withdraw Tab 7, a request from Fire and Emergency Services for approval and execution of a Four-Party Interlocal Mutual Fire and Disaster Agreement between Osceola County, Orange County, Lake County, and Polk County, from the County Manager's Consent Agenda, and reschedule it for another date; and pull Tab 19, a request from the Office of Tourism for approval and execution of a contract between Lake County and the Orlando Area Sports Commission, for a period of one year, and to encumber and expend $50,000.00 as a membership fee, subject to review and approval by the County Attorney, for discussion.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Community Services/Grants/State Agencies
Request from Community Services for authorization for Social Services to apply for Federal Emergency Management Agency (FEMA) grant, in the amount of $22,436.00.
Facilities and Capital Improvements/Ordinances
Outdoor Recreation
Request from Facilities and Capital Improvements for approval to advertise an Ordinance amending Sections 16-41 through 16-45 of the Lake County Code, Adopt-A-Park Program.
Facilities and Capital Improvements/Ordinances
Outdoor Recreation
Request from Facilities and Capital Improvements for approval to advertise an Ordinance amending the Lake County Code, Chapter 16, Article II, Parks and Recreation Advisory Board.
Accounts Allowed/Contracts, Leases and Agreements
County Employees
Request from Facilities and Capital Improvements for approval and execution of Memorandum of Understanding between Lake County and Betty H. Dittman, for FY 1995-96 and FY 1996-97, at a fiscal impact of $16,873.39.
Municipalities/Public Works
Request from Public Works for approval and execution of boundary maps for the small urban areas of Leesburg, Tavares, Lady Lake, Eustis, Clermont, and Mt. Dora.
Contracts, Leases and Agreements/Municipalities
Public Works/Roads-County and State
Request from Public Works for approval and execution of Traffic Signal Maintenance Agreement between Lake County and the City of Eustis, to facilitate traffic engineering and the safe and efficient flow of traffic in and about Lake County and the City of Eustis.
Accounts Allowed/Contracts, Leases and Agreements
Municipalities/Public Works/Resolutions/Roads-County and State
Request from Public Works for approval and execution of a Developer's Agreement between Lake County and Shamrock Development Corporation, for maintenance of improvements; acceptance of an Irrevocable Letter of Credit, for maintenance, in the amount of $27,000.00; release of a Letter of Credit, for performance, in the amount of $297,000.00; and approval and execution of a Resolution accepting Tiffany Lane (4-5475), Parkview Avenue "Part" (4-5476), and Park Place Boulevard "Part" (4-5477) into the County Road Maintenance System.
Accounts Allowed/Public Works/Subdivisions
Request from Public Works for approval to release a Letter of Credit, for maintenance, in the amount of $16,131.19, for Westchester Phase I Subdivision.
Accounts Allowed/Contracts, Leases and Agreements/Deeds
Public Works/Roads-County and State/Subdivisions
Request from Public Works for acceptance of the Final Plat for Chelsea Park Subdivision; approval and execution of a Developer's Agreement for Maintenance of Improvements between Lake County and Godfrey Custom Homes, Inc.; acceptance of a Letter of Credit, for maintenance, in the amount of $15,000.00; approval and execution of a Resolution accepting the following roads into the County Road Maintenance System: Patrick Drive (3-5034), Kaylee Way (3-5034A), and Connie Court (3-5035); and acceptance of a Conservation Easement Deed from Godfrey Custom Homes, Inc.
Contracts, Leases and Agreements/Public Works
Roads-County and State
Request from Public Works for approval and execution of Subordination of Easement Rights, from Florida Gas Transmission Company, for Lake Seneca Road (4-5983).
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for acceptance of a Statutory Warranty Deed, from Agnes T. May, Trustee; John B. Whitaker, Trustee; and Betty Sue Whitaker, Trustee, for right-of-way easements on Apiary Road (5-6745) and Yale Road (5-7043).
Accounts Allowed/Landfills/Public Works/Road Projects
Request from Public Works for approval and execution of Change Order No. 1 to Countywide Resurfacing Project No. 1-96, in the amount of $24,422.00, for the construction of a dumpster pad at the Astatula Landfill, and for pipe replacement on Sunnyside Drive
(1-4122).
Public Works/Rights-of-Way, Roads and Easements
Road Vacations
Request from Public Works for approval to advertise Road Vacation Petition No. 835, by SunTrust Bank, Central FL, N.A., as Trustee, by Nancy P. Hargadon, to vacate land, tracts, and right-of-way, Bowman Realty Company, Section 7, Township 24, Range 26, Green Swamp area/South of Lake Louisa - Commissioner District 2.
Public Works/Rights-of-Way, Roads and Easements
Road Vacations
Request from Public Works for approval to advertise Road Vacation Petition No. 836, by Mr. and Mrs. Timothy Wilcox and Mr. and Mrs. Terry Wilcox, to vacate easement, Section 17, Township 19, Range 28, Seminole Springs area - Commissioner District 4.
Accounts Allowed/Bids/Contracts, Leases and Agreements
Purchasing
Request from Purchasing for approval to seek bids, proposals, and professional services; approval to waive bid requirements, accept quotes, and issue purchase orders; approval to award bids and proposals and issue purchase orders and/or contracts; approval to issue purchase orders for services or commodities from annual bids, state contracts, G.S.A. or cooperative bids; approval to waive bid requirements and issue purchase orders for services or commodities that are not bid or quoted, or, if they are OEM repairs; and approval and execution of contracts, agreements, amendments, and encumbrance of 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
LIBRARY SERVICES $151,071.00
Ameritech Library Services/Authorization to purchase additions and upgrades to Ameritech Library Services/Dynix turnkey library automation system. Purchase to include NetConnect Internet server, frame relay network equipment, peripheral equipment, software, licenses and installation. As background, the Board of County Commissioners approved the award of Proposal No. P-5-3-18, Library Automation System on December 7, 1993, to Dynix, Inc., for a turnkey library automation system. On July 11, 1995, the Board approved sole source purchases of $69,868.20, to expand and enhance the Dynix library automation system.
This requested purchase will further upgrade the automation system to accommodate new technologies in information delivery. Justification for the single provider purchase is based on a need for continued turnkey operation, to insure that one supplier is completely responsible for all system- wide maintenance, service, and compatibility of system hardware and software. This approach will also optimize the router configuration for NetConnect and Internet connectivity and allow on-line monitoring of the entire system, including CPU, NetConnect, and routers. Funding for this project is from Library Services and Construction Act Project No.
DLIS-96-I-02-F-05, Account No. 690.2038475.571.8600640, and State Aid to Libraries Grant, Account No. 690.2038610.571.8300510/8600640.
Accounts Allowed/Grants/Committees/Office of Tourism
Request from the Office of Tourism for approval to award the third installment of $5,000.00, in grant funds, from the Tourist Development Council to the Lake Soccer League, Inc., and to encumber and expend funds in that amount.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
COUNTY EMPLOYEES/EDUCATION/RESOLUTIONS/TAX COLLECTOR
Commr. Good presented the following Resolutions:
Resolution to T. Keith Hall
Resolution to T. Keith Hall, Tax Collector, for his many years of service to Lake County
Mr. Hall appeared before the Board and remarked, briefly, about his tenure as Tax Collector and his retirement from same.
Commr. Swartz informed Mr. Hall that it had been a pleasure to work with him over the years.
Resolution to Sarah Jones
Resolution to Sarah Jones congratulating her on her many achievements as a musician
Resolution to Joseph Todd
Resolution to Joseph Todd commending him on his honesty and integrity
Resolutions to Three 4-H Members
Resolutions to Holly Fausnaugh, Jody Paradis, and Mickie Schwartz recognizing the outstanding presentations they made at the Florida 4-H Congress, in Gainesville, Florida
Resolutions to Six 4-H Members
Resolutions to Shelly Stewart, Jessica Quale, Erica Sines, Jessica Sines, Stacey Irrgang, and Cherie Lacey recognizing the outstanding presentations they made at the State Horse Show
Resolutions to Four FFA Members
Resolutions to Jason Jones, David Wagner, Benny Krupski, and Wendy Pranger, the Umatilla FFA Meat Evaluation Team, congratulating them on their success and thanking them for presenting a positive image of Lake County at the State and National competitions
EDUCATION
The newly elected Superintendent of Lake County Schools, Dr. Jerry Smith, appeared before the Board and thanked them, on behalf of the School Board, for the spirit of cooperation the School Board has received from the Board of County Commissioners and for allowing the School Board to hold their meetings in the Board's Meeting Room. He stated that, during the next few months, he looked forward to working with the Board and bringing them some opportunities that they can work together on, in better serving the citizens of Lake County.
PUBLIC HEARINGS
ROAD VACATIONS
PETITION NO. 831 - PIERRE AND DENISE GRIMM - GROVELAND
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request by the Swiss Fairways Ski School for a right-of-way to be vacated in the Groveland Farms area, Section 32, Township 22, Range 25 - Commissioner District 2. He reviewed a map of the area in question and stated that the right-of-way runs across a pasture, between two county roads, and that all the lots in the area retain legal access to those roads.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Road Vacation Petition No. 831, by Pierre and Denise Grimm, Swiss Fairways, to vacate road right-of-way, Groveland Farms, Section 32, Township 22, Range 25, Groveland area - Commissioner District 2, and Resolution regarding same.
PETITION NO. 832 - DALE LADD - CLERMONT
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request by Mr. Dale Ladd to vacate rights-of-way, lots, and tracts in subdivisions within the boundaries of the proposed Plat of Montclair Estates, Phases I, II, and III, Sections 1 and 2, Township 23, Range 25, on the south side of Lake Minnehaha, in Clermont - Commissioner District 2. He reviewed a plat of the area in question, stating that there are developed and proposed phases of the subdivision, Montclair Estates, that are partially platted, off Bronson Road. He stated that all the property to the south, west, north, and east has been developed into lots and that the area in question is part of the subdivision that remains. He stated that Mr. Ladd is vacating the underlying plat, so that he can proceed with the development.
Commr. Swartz questioned why the vacation was not requested earlier, stating that he felt it was a little unusual that construction was already occurring and that staff was relying on the plat.
Mr. Sandy Minkoff, County Attorney, interjected that this issue came up at the final platting stage, when staff discovered that the old plat had underlying roads. He stated that everything had already been done and it was on the Board's Agenda, so staff had the applicant go through with the platting with the understanding that, prior to that, they would have the vacation petition in hand.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Road Vacation Petition No. 832, by Dale Ladd, to vacate rights-of-way, lots, and tracts of Ledoux Acres and Clermont Farms, lying within the boundaries of the Plat of Montclair Estates, Sections 1 and 2,
Township 23, Range 25, Clermont area - Commissioner District 2, and Resolution regarding same.
PETITION NO. 833 - CHRISTOPHER AND SUZANNE THOMPSON - TAVARES
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request by Christopher and Suzanne Thompson to vacate a very small portion of Doodle Boy Circle, in the Rod 'N Reel Club, Section 26, Township 19, Range 25, in the Tavares area - Commissioner District 3. He reviewed a plat of the area in question, stating that the request was to clear the title on an existing home that is on the circle, noting that the overhang of the home is in the right-of-way.
The Chairman opened the public hearing.
It was noted that the applicant's representative was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Road Vacation Petition No. 833, by Christopher and Suzanne Thompson, to vacate portion of road (Doodle Boy Circle), Rod 'N Reel Club, Section 26, Township 19, Range 25, Tavares area - Commissioner District 3, and Resolution regarding same.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
OFFICE OF TOURISM
Mr. Dave Warren, Tourist Development Director, appeared before the Board and explained this request, stating that he was very pleased with what the Orlando Area Sports Commission has done for Lake County in one year and that he sees a tremendous opportunity for the future, in working with them.
Commr. Hanson stated that she had brought this same request to the attention of the Board last year and they approved it. She stated that she felt, without a doubt, it has been a real positive action for Lake County.
Commr. Cadwell interjected that he felt it was a good investment, on the County's part, noting that the County's name is out there and one can see, from the activities in 1996, that some real dollars have been brought into the County.
Commr. Gerber noted that she had requested monthly reports and that, without fail, they were on her desk and they were very comprehensive reports.
Commr. Hanson stated that she felt Mr. Warren had done a very good job in getting information back to the Board, ensuring that the dollars are spent the way that the Board feels they should be.
Mr. Randy Johnson, President, Orlando Area Sports Commission, and Mr. Brent Nelson, Orlando Area Sports Commission Representative for Lake County, appeared before the Board and commented briefly on the role of the Orlando Area Sports Commission, with regard to Lake County, in that this year's efforts have resulted in over $650,000.00 in direct economic impact to the County, from events and opportunities that they have either hosted, or contracted to host; they have sold 3,134 room nights and generated almost $40,000.00 in sales tax revenue; over $13,000.00 in bed tax revenue; and over $1,000.00 in gas tax revenue. He noted that said figures were very conservative estimates. He further elaborated on the relationship between the Orlando Area Sports Commission and the County and events that have occurred within the County, as well as some events that have been scheduled for 1997.
Commr. Hanson interjected that the Tourist Development Council feels very strongly that the dollars are being spent the way they want them to be spent, in promoting Lake County and what it has to offer.
Commr. Good challenged the Orlando Area Sports Commission to help the youth of Lake County in any way they can, possibly by creating new activities, and to involve them in their programs whenever possible.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the Office of Tourism for approval and execution of a contract between Lake County and the Orlando Area Sports Commission, for a period of one year; and to encumber and expend $50,000.00, as a membership fee, subject to County Attorney review and approval.
PUBLIC WORKS/ROAD PROJECTS/STATE AGENCIES
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that he was requesting direction from the Board, with regard to the mitigation issue involving Maggie Jones Road, where two acres of wetlands were damaged, in June of this year, while constructing an extension of the road, during the filming of the movie "Rosewood". He stated that the Florida Department of Environmental Protection (FDEP) directed the film crew to clean up the problem; however, the Board stepped in, looked at the problem, tried to work something out with FDEP, and is now waiting to secure a permit from them.
Mr. Stivender reviewed a map of the area in question and stated that staff was bringing the following three options to the Board, to try to meet the requirements of FDEP and resolve the problem, and needed direction as to which option to pursue:
1. A written agreement has been prepared for signature between the Lake County Water Authority (LCWA) and the Board. By this agreement, the LCWA will provide a 40 acre hardwood swamp parcel for use as a preservation area. Also, by this agreement, the Board cannot pave any portion of Maggie Jones Road, lying within the Wekiva River Protection Area, without first paying the LCWA a fee of $500,000.00. Those funds would be used by the LCWA for the purchase of an additional preservation area.
2. Purchase mitigation bank credits from ECO-BANK, a wetland mitigation banking company. ECO-BANK has provided a quote to the County, in the amount of $70,000.00. ECO- BANK owns property south of Clermont that will be restored and enhanced to wetland conditions. The purchase of these credits will go toward this wetland construction.
3. The County has an 80 acre swamp parcel located south of State Road 50 and west of the Palatlakaha River that could be used as a preservation area. The 80 acre swamp area is part of a 572 acre swamp parcel located along the river. The County would dedicate a conservation easement to FDEP over this area.
Discussion occurred regarding the matter, at which time Mr. Sandy Minkoff, County Attorney, stated that he prepared a written agreement, in accordance with what he believed the Board had approved, and sent it to the Water Authority; however, the Water Authority sent it back and included not only the area that was under the permit, but also another three or four miles of road, which he noted was never his understanding, so, either they misunderstood, or he misunderstood. He stated that he proposed only the area within the permit and that is what the agreement contains.
It was noted that FDEP would be satisfied with any of the three options and that, legally, any one of them would work.
Commr. Hanson stated that the first option of paying the Water Authority $500,000.00 would not restore the wetlands, nor would paying the ECO-BANK $70,000.00; therefore, she would propose Option 3, with the $70,000.00 that the County would pay to ECO-BANK being used for wetland restoration within the County, to be determined at a later date.
Commr. Swartz stated that he was aware of the fact that restoration is difficult and not always successful, but would like to see the County look at the restoration concept, perhaps on some of the property that is in the area in question, that the Water Authority may own. He stated that there are probably some portions of said property that might have an area that the County could successfully restore.
Commr. Hanson questioned whether Commr. Swartz would limit it to Water Authority property, or to government owned property. She noted that there is a lot of state owned property in the Wekiva Basin and feels that there are locations that could use restoration. She suggested not limiting it to just one government owned property, as long as it is within the Basin.
Commr. Swartz stated that he would like to see the Board look at that, before trying to settle on any one of the three options before them. He stated that he felt, because the County is a government agency, FDEP might be requiring less than it would require of somebody else.
Mr. Minkoff stated that he did not feel that was the case, noting that an interbasin transfer is now FDEP's policy. He stated that developers are allowed to dedicate wetlands in another basin from where the destruction occurs. He stated that he did not feel they treated the County any differently than anybody else, although, if the County presses them, they might, even to the extent of waiving the mitigation altogether. He stated that, in this case, the County was treated the same as any other developer would be treated.
Ms. Sue Whittle, County Manager, interjected that she felt what the Board was discussing might be a major policy shift for them. She stated that it was her understanding that it has been the policy and practice of Lake County to mitigate to FDEP standards, just as the County would expect any developer to do. She stated that, when the County was discussing the issue of Maggie Jones Road with Warner Bros., they felt it was a win/win situation, however, had staff considered the additional cost of restoration, or mitigation, they might not have made the same recommendation.
Mr. Minkoff, County Attorney, suggested that, even if the Board determines that it would like to restore two acres of wetlands in the Basin, for the purposes of FDEP, the County would be better off giving them the easement on the other properties, so that the County does not get into five year monitoring and the costs involved, because, if the County enters into an agreement with FDEP, it is an open-ended agreement and, if the County restores the wetlands and it fails, then the County will have to restore it again and, if it fails again, the County will have to restore it another time. He stated that the Board can do both, but they do not have to obligate themselves legally for the creation, or restoration.
Commr. Good stated that he felt the Board needed to look at the issue further, that the answer was not in the three options before them this date. He stated that mitigation is not scientific compensation of the value or function of the wetlands. He stated that he was not sure the County was doing a cost benefit analysis, nor were they looking at the real long-term effect of the loss of two acres of wetlands, and he was concerned that this case points out to the Board that the County needs to look at its policies a little closer and decide whether or not mitigation is something the County does, or whether the County should do what the objective of the Comprehensive Plan states and have no net loss of value or extent. He stated that FDEP may have a different standard than what is stated in the Comprehensive Plan, therefore, would request that staff take direction, in whatever the Board decides to do, and the Board take direction, from agreements that have been made in the past, in trying to decide what to do.
Commr. Gerber stated that she felt the County was making a mistake when it puts a zero dollar value on mitigating to the 80 acres, because she feels the 80 acres adds value to the County, because it is zoned R-1 and is in the Transitional Land Use category, which is four units to the acre.
A motion was made by Commr. Hanson to approve Option 3, which would satisfy FDEP requirements to have a conservation easement over the 80 acres in the swamp parcel of property south of SR 50 and west of the Palatlakaha River that would be a preservation area, and to look at two acres for restoration, but that it not be part of the FDEP agreement.
Commr. Cadwell seconded the motion.
The Chairman called for a vote on the motion, which failed, by a 3-2 vote.
Commrs. Swartz, Gerber and Good voted "No".
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to ask staff to request from the Florida Department of Environmental Protection (FDEP) an additional 60 to 90 days, whatever they feel is needed, in order to bring back to the Board some options on possible locations where the County can meet its Comprehensive Plan requirements and restore two acres of wetlands; and to provide some language that the County might be able to include in a conservation easement with FDEP that would deal with the future expansion of Maggie Jones Road.
RECESS AND REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess for five minutes.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/SOLID WASTE
Mr. Don Post, Senior Director, Solid Waste Managements Services, appeared before the Board and explained this request, stating that it was a request for approval of the expanded operations of the IMPACT Center, to include a manual sorting line; approval of the budget, transfer, bid, and list; authorization for the Chairman to execute a final employment proposal with Sunrise Industries; and approval of the transfer from Solid Waste Contingency, in the amount of $97,000.00. He stated that the seed the Board planted for investing in recycling in Lake County has already taken fruit and is growing. He stated that staff is cultivating that crop and, as the crop is increasing and growing, the County needs more expansion.
Mr. Gary Debo, Division Director, Waste Management Facilities, Operation Division, Solid Waste Management Services, appeared before the Board and introduced Ms. Denise Lloyd, the department's new Program Assistant. He stated that the purpose of his presentation was to seek authorization for the expansion of Lake County's Recycling Program, which is to be accomplished by the installation of a manual sorting line, to gain better recyclable materials. He discussed the existing operation of the Impact Center, the proposed operation, and the advantages of having a manual sorting line, at which time he answered questions from the Board regarding same.
Commr. Swartz clarified the fact that, once the IMPACT Center has the manual sorting line, the labor component is going to be offset by the revenues, so the County will actually have a positive cash flow of materials sold from recycling, over the cost of sorting it - that the County will actually make some money from recyclables, which is contrary to what the County was told, for years.
Mr. Debo interjected that the improvements will pay for themselves. He stated that, once the equipment is purchased, installed, and paid for, it will enable the costs of operating the manual sorting line to decrease.
Mr. Debo introduced Mr. Stuart Klatte, Director, Sunrise Industries, to those present and noted that, during the Telephone Book Recycling Program, his personnel was a pleasure to work with. He stated that it was an efficiently run operation and they were very helpful to staff.
Mr. Klatte appeared before the Board stating that Sunrise Industries was glad to be in partnership with Lake County and he felt that it shows it is a win/win situation, not only for the taxpayers, but for his employees, as well. He stated that the direction his firm brought forward is based upon the leadership that they have had and the visions on doing the whole process of recycling much different than it was originally perceived.
The Board thanked Mr. Post and his staff for a very good presentation.
A motion was made by Commr. Gerber and seconded by Commr. Hanson to approve a request from Solid Waste for approval of the expanded operations of the IMPACT Center, to include a manual sorting line; approval of the budget, transfer, bid, award and purchase of equipment list (contained in Board's backup material); authorization for the Chairman to execute a final employment proposal with Sunrise Industries; and approval of a transfer from Solid Waste Contingency, in the amount of $97,000.00.
Under discussion, Commr. Cadwell informed the Board that he serves on the Board of Directors of ARC, however, while he receives many benefits from serving on that Board, none of them are monetary.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/OFFICE OF TOURISM
RESOLUTIONS
Mr. Dave Warren, Tourist Development Director, appeared before the Board and explained this request. He stated that he had another slot open, being that in the area of tax collection, due to the fact that the General Manager for the Lakeside Inn, in Mt. Dora, resigned. He noted that he would be advertising for that position.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from the Office of Tourism for approval and execution of a Resolution reappointing members to the Tourist Development Council, as follows:
Group 2 - Owners or Operators of Motels, Hotels, Recreational Vehicle Parks, or Other Tourist Accommodations in Lake County Subject to the Tax
Robert Beucher - Four (4) year term expiring December 1, 2000
Group 3 - Persons Involved in the Tourist Industry who have Demonstrated an Interest in Tourist Development, but are not Owners or Operators
John N. Sargent - Four (4) year term expiring December 1, 2000
Stephen C. Ward - Four (4) year term expiring December 1, 2000
Robert J. Zahradnik - Four (4) year term expiring December 1, 2000
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES
PUBLIC HEALTH
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the Lake County Comprehensive Health Care Committee, as follows:
NO TERM LIMIT:
North Lake County Hospital Tax District
Dr. Tully Patrowicz
THREE YEAR TERMS:
The following appointments are to complete terms ending August 16, 1997:
Lake County Nursing Home Association
Deborah L. Brazill, Avante' at Leesburg
Lake County Dental Association
Dr. Alan Hays
Associated Home Health Industries of Florida, Inc.
Susan Moore, Florida Hospital Waterman Home Care
THREE YEAR TERMS:
The following appointments are for terms ending August 16, 1999:
Lake County Citizen-at-Large
Tom Wetherington
Representative of Business Community (Small Business)
Patricia Price
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, explained this request, stating that it involved a vesting case.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Special Master Agreement between Lake County, Mr. H. Wayne Klekamp, and Mr. Gary Cooney.
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/COUNTY FINANCE/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, explained this request, stating that the amount of money actually being authorized for approval was $7,500,000.00. He stated that the first portion of the transaction closed last week and that this would be the second portion, which would probably close later this week, or next week.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of a Resolution, in connection with the refinancing of the outstanding $9,000,000 Lake County, Florida, Line of Credit Revenue Note.
REPORTS
COUNTY MANAGER
COMMISSIONERS/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that she would like to schedule the Board's Fiscal Policy Advance Meeting.
A brief discussion occurred regarding the matter.
It was the consensus of the Board to schedule said meeting for Thursday, January 23, 1997, at 9:00 a.m.
REPORTS
COMMISSIONER GERBER
LIBRARIES/MUNICIPALITIES
Commr. Gerber informed the Board, for informational purposes, that the City of Fruitland Park had submitted a Letter of Intent to join the Lake County Library System to the County, to become effective October 1, 1997.
REPORTS
COMMISSIONER HANSON
MEETINGS/PUBLIC WORKS
Commr. Hanson informed the Board, for informational purposes, that she had received a memorandum from Ms. Lora Bailey, Engineer III, Public Works, requesting the Board members to attend the Stormwater Management Workshop, scheduled for January 21, 1997.
It was noted that the Board members were aware of said meeting and would be attending.
REPORTS
COMMISSIONER GOOD
LAWS AND LEGISLATION
Commr. Good informed the Board, for informational purposes, that the County had received from the Florida House of Representatives the following meeting dates for the Lake County Legislative Delegation:
January 15, 1997, Fine Arts Auditorium, Lake Sumter Community College
January 22, 1997, Fine Arts Auditorium, Lake Sumter Community College
REPORTS
COMMISSIONER GOOD
COMMISSIONERS/MEETINGS
Commr. Good informed the Board that he had distributed, at the last Advance Meeting, a List of Proposals for Workshops for 1997 and that he would like to add to that list some Mitigation or Land Management Policy Workshops. He requested the Board members to give feedback to the County Manager, so that they can decide which workshops they would like to attend.
ADDENDUM NO. 1
REPORTS
COMMISSIONER GOOD
COMMISSIONERS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Board/Committee Commissioner Liaison/Member Appointments for 1997.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 p.m.
_______________________________
WILLIAM "BILL" H. GOOD, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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