The Lake County Board of County Commissioners met in regular session on Tuesday, May 6, 1997, 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; Welton G. Cadwell, Catherine C. Hanson; Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 had been added to the agenda. She requested that Tab 21, a request for approval and execution of a resolution recognizing the Irmalou Fruci Live Oak (Quercus Virginiana) as a Protected Tree and designating the Irmalou Fruci Live Oak as a Specimen Tree, be withdrawn from the agenda.
Ms. Sharon Farrell, Senior Director, Growth Management Services, informed the Board that notification has been received from the City of Leesburg indicating that the city would prefer that the County not move forward on the request to recognized the Irmalou Fruci Live Oak as a Protected Tree due to the fact that the live oak was located within the city limits of Leesburg.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to withdraw the request for approval and execution of a resolution recognizing the Irmalou Fruci Live Oak (Quercus Virginiana) as a Protected Tree and designating the Irmalou Fruci Live Oak as a Specimen Tree.
It was noted that the Chairman would address a letter to the City of Leesburg expressing the County's support of a resolution recognizing the Irmalou Fruci Live Oak as a Protected Tree and designating said tree as a Specimen Tree.
MINUTE APPROVAL
Regarding the Minutes of March 25, 1997 (Regular Meeting), the following changes were requested:
Page 27, Line 7 - insert after "at times," he had.
Page 27, Line 11 - insert after "that a" commercial.
Page 31, Line 2 - delete "was carried"; insert failed.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of March 25, 1997 (Regular Meeting), as amended.
CLERK OF COURT'S 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:
Accounts Allowed/Budget Transfers/Resolutions
Request for approval of Budget Adjustments for FY 96/97 from the Office of County Finance, as follows:
BUDGET ADJUSTMENTS FOR FY 96/97
A. Resolutions:
1. Fund: General Fund
Department: Agricultural Center
Revenue: Donations - HLC $8,000
Expenditure: Buildings $8,000
Amendment #: 97-157
Justification: Resolution to receive unanticipated revenue from the Friends of the Lake HLC for their part of the purchase of a maintenance building.
B. Transfers:
1. Fund: General Fund
Department: Judicial
From: Contingency $30,000
To: Other Court Costs $30,000
Transfer #: 97-158
Justification: Transfer needed to cover costs incurred in the case State of Florida vs. Terry Lee Woods.
2. Fund: General Fund
Department: Growth Management
From: Contingency $14,621
To: Personal Services $14,621
Transfer #: 97-159
Justification: Funds needed to pay for three (3) interns for the Department of Growth Management for a maximum of 15 weeks. The Department's midyear adjustments included $70,000 in additional revenues, which will adequately cover the above expenditures.
3. Fund: General Fund
Department: Non Departmental
From: Contingency $28,000
To: Contractual Services $28,000
Transfer #: 97-161
Justification: Funds needed to cover training for the "Community Visioning Project". It is anticipated that $14,000 cash and several thousand dollars of in-kind contributions will be donated for this project.
4. Fund: General Fund
Department: Non Departmental
From: Contingency $609
To: Other Charges $609
Transfer #: 97-162
Justification: Funds needed to pay real estate taxes pursuant to the settlement agreement regarding Watson vs. Lake County.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
NEW
4168-97 Mike Gillespie (Building Contractor)
5451-97 Charles M. Watts Air Conditioning, Inc.
5537-97 Randy Alumbaugh Construction, Inc.
5539-97 Harry A. Dalbow (Residential Building)
CANCELLATIONS
4170-96 Classic Construction & Design
5373-96 John Reger dba Reger Electric Service
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.
Accounts Allowed/Bonds
Request to acknowledge receipt of Calculation of arbitrage rebate on the $35,995,000 Lake County, Florida, Sales Tax Refunding Revenue Bonds, Series 1992.
Reports
Request to acknowledge receipt of Oklawaha Basin Recreation and Water Conservation and Control Authority's Annual Financial Report for Fiscal Year 1995-96.
Municipalities/Ordinances
Request to acknowledge receipt of City of Groveland Annexation Ordinance 96-0909, providing for the voluntary annexation of a reasonably compact area contiguous with the northern boundary of the City of Groveland; passed and adopted by the City Council of Groveland, Florida on October 21, 1996.
Reports
Request to acknowledge receipt of copy of the Country Club of Mount Dora Community Development District's Audited Financial Statements for the year ended September 30, 1996, in accordance with Section 218.32(1)(b), Florida Statutes, and a copy of the Annual Financial Report for Units of Local Government for the same period.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission; Docket No. 960793-WU; Order No. PSC-97-0375-FOF-WU; IN RE: Application for Transfer of Certificate No. 130-W in Lake County from Haines Creek Mobile Homesites Waterworks to Crystal River Utilities, Inc.; Order Approving Transfer and Notice of Proposed Agency Action Order Establishing Rate Base for Purposes of the Transfer and Approving Customer Deposits, Miscellaneous Service Charges, and Late Fee.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Hearing Before the Florida Public Service Commission, Docket No. 970242-TP, Petition for Arbitration, pursuant to Section 252(B) of the Communications Act of 1934 as amended by the Telecommunications Act of 1996, of rates, terms, and conditions for interconnection and related arrangements with Sprint-Florida, incorporated by KMC Telecom Inc. A public hearing will be held on Monday, April 28, 1997, 9:30 a.m., and a prehearing conference will be held on Monday, April 21, 1997, 9:30 a.m., Room 152, Betty Easley Conference Center, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Application for a Transfer of Water Certificate from the Law Offices of James C. McClendon II; Notice is hereby given on October 10, 1996, pursuant to Section 367.045, Florida Statutes, of the application for transfer of Water Certificate No. 324-W from Glenn's Cove Central Water System to Cove Water System, Inc., providing service to described territory in Lake County, Florida. Any objection to the said application must be made in writing within thirty (30) days from this date to the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. A copy of said objection should be mailed to the applicant whose address is Glenn's Cove Central Water System, 30932 Circle Drive, Tavares, Florida 32778.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gerber requested that Addendum No. 1, Item I.A.1., a request for approval and execution of First Amendment to Incentive Grant Agreement between Lake County and Silver Springs Citrus Cooperative, Inc., be pulled from the consent agenda for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Addendum No. 1, Item I. A. 1.:
Contracts, Leases & Agreements/County Property
Request for approval and execution of Estoppel and Consent Agreement for Robert A. Montovani.
County Property
Request for approval of sale of Lot 15 of the Lake County Central Park to the highest bidder.
State Agencies/Utilities
Request for approval and execution of Bill of Sale to Florida Water Services, Inc., f/k/a Southern States Utilities, for the Central Park utility system.
Accounts Allowed/County Buildings
Request for approval and execution of Change Order, in the amount of $172,712.00, to Metric Construction for additional renovation work within the Sheriff's Administration Building, the Historic Courthouse, and the County Administration Building.
Contracts, Leases & Agreements/Municipalities
Request for approval and execution of Interlocal Agreement between Lake County and City of Tavares relating to parking.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance and execution of a Public Non-Exclusive Easement Deed from Lamar A. Loudermilk (FDE #97-0007).
Contracts, Leases & Agreements/Municipalities
Request for approval and execution of an Interlocal Agreement between Lake County and the Town of Lady Lake pertaining to contractor licensing and regulation services.
Bonds - Mobile Home
Request for approval of cancellation of the following Mobile Home Bonds:
MB 96-0003-4 John and Lori Jones
MB 96-0002-3 Larry and Nancy Miller
County Employees/Human Resources
Request for approval of certificates for employees with one and three years of service.
County Employees/Human Resources
Request for approval of the reclassification/downgrade of one position and the reclassification/upgrade of one position.
Accounts Allowed/Subdivisions
Request for acceptance of Final Plat for Pennbrooke Fairways Phase 1-K, Units I and II Subdivision - Commissioner District 1.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to award #4-5983 Lake Seneca Road and #4-6084 East Lake Seneca Road Paving Project No. 5-97, Bid No. 97-087, to Professional Dirt Service, Inc.; and to encumber and expend funds in the amount of $379,280.00 from the Transportation Trust Fund - Commissioner District 4.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Roads-County & State/Road Projects
Request for approval to award Countywide Resurfacing Project No. 1-97, Bid No. 97-086, to Paquette Paving Company, Inc., in the amount of $862,439.20; authorization to encumber and expend funds from the Transportation Trust Fund (TTF), in the amount of $496,235.00; and approval of signatures on Interlocal Agreements with the Municipalities of Clermont, Eustis, Howey-in-the-Hills, Lady Lake, Leesburg, Tavares, and Umatilla for payment of their roads included in this bid.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Statutory Warranty:
Thomas L. Bentley
Price Road #3-3216
Non-Exclusive Easement:
Sprint-Florida, Inc.
Merry Road Ext. #3-4455
Quit Claim:
Omer Schrock
Merry Road Ext. #3-4455
Deeds/Rights-of-Way, Roads & Easements
Request for approval and execution of a Quit Claim Deed to David E. Cauthen for abandoned railroad right-of-way in the Sunnyside area.
Accounts Allowed/Assessments
Request for approval and execution of nine Satisfaction of Assessment Liens for the following:
Peg J. Jolley $2,038.29
A.G. Lowrie, Estate $2,090.07
Anthony & Tammara Ritter $1,387.99
Michael Matthews $1,205.85
Ralph Higgens, Jr. $818.56
Rita Gower Tabor $948.51
DiAnne Waters $5,231.91
Terry E. Callihan $1,189.67
Yu Lao Bo $1,028.44
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Contracts, Leases & Agreements
Request for approval and execution of Agreement of Indemnity Form for the Estate of Sadie Miles.
CONTRACTS, LEASES AND AGREEMENTS/GRANTS
Mr. Sandy Minkoff, County Attorney, explained that the First Amendment to the Incentive Grant Agreement between Lake County and Silver Springs Citrus Cooperative, Inc. extends the timeframe in which the County can pay the funding from the Jobs Growth Investment Trust Fund for jobs created.
Ms. Leslie Little, Senior Director of Economic Development, appeared before the Board to provide clarification to the request to amend the Incentive Grant Agreement between Lake County and Silver Springs Citrus Cooperative, Inc. She noted, for informational purposes, that Silver Springs Citrus Cooperative has qualified to receive $60,600.00, although the Board had previously approved $82,500.00. In response to a question presented by Commr. Hanson, Ms. Little explained that the guidelines of the Jobs Growth Investment Trust Fund do not require that new businesses create new ad valorem dollars.
Commr. Hanson stated that her understanding was that the basis of the Jobs Growth Investment Trust Fund was the investment in the community to create jobs, and to create new and increased ad valorem taxes.
Ms. Little stated that a summary of activity and incomes generated not only in ad valorem, but in impact fees and other fees that get paid as a revenue point, was being prepared to provide the County a picture of how those dollars are affecting and generating incomes to the County.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of First Amendment to Incentive Grant Agreement between Lake County and Silver Springs Citrus Cooperative, Inc.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
At this time, Commr. Good presented the following awards and plaques, as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:
EMPLOYEE AWARDS
Presentation of plaque to employee with ten years of service
Yancey D. Peterson, Fire Lieutenant/EMT, Fire & Emergency Services, Fire/Rescue Division
Presentation of plaque to employee with fifteen years of service
Carmen G. Carroll, Building Office, Growth Management, Building Services Division, Main Office
Presentation of plaques to retiring employees
Charlotte Geraghty, Secretary III, Growth Management, Code Enforcement Services Division -- Ten Years and Five Months Service (Not Present)
Robert R. Hasek, Equipment Operator III, Public Works, Roads Division, Road Maintenance, Maintenance Area I (Leesburg) -- Ten Years and One Month Service
Helen M. Thibodeau, Secretary III, Community Services, Director's Office Administration -- Eleven Years and Seven Months Service (Not Present)
Stephen A. Thompson, Chief Building Inspector, Growth Management, Building Services Division, Main Office -- Ten Years and Three Months Service (Not Present)
"PRIDE" CERTIFICATES
Office of Agricultural Education Service
Dot Heald - Lake County Cooperative Extension Service (Not Present)
Doris Taylor - Lake County Cooperative Extension Service
Joanne Meyer - Lake Soil and Water Conservation District
Office of Communications Systems
Andrew Morales
Bonnie Atchley
Department of Growth Management
John O'Connor - Building Services Division (Not Present)
Department of Public Works
Jerry Langsdorf - Engineering Division
Walter Thompson - Special Services Division (Not Present)
RESOLUTIONS
Commr. Good presented Proclamation No. 1997-60, designating the month of May 1997 as "Law Enforcement Month", to Glen Waterman of the Police Benevolent Association.
Mr. Glen Waterman, Police Benevolent Association, expressed his appreciation to the Board and extended an invitation to a memorial service to be held in front of the Criminal Justice Memorial on May 15, 1997 at 12:00 noon. He requested that a representative of the Board of County Commissioners address those present at the memorial service.
COMMISSIONERS
At this time, Commr. Cadwell introduced Mr. Ed Pixby who was present doing his internship for Leadership Lake County.
ADDENDUM NO. 1 (CONTINUED)
PERSONAL APPEARANCES/PUBLIC HEARINGS
PETITION NO. 838 - LOUIS GEYS, DABI, INC. - GROVELAND AREA
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board to present Road Vacation Petition No. 838 by Louis Geys, DABI, Inc. to vacate drainage easements, Town Plat of Villa City, Section 36, Township 21, Range 24, in the Groveland area, and explained that Louis Geys, DABI, Inc. had requested a postponement at the April 22, 1997 Board of County Commissioners meeting to allow completion of work on sodding at the new location and cleanup of the old location. He stated that Ms. Leslie Campione, Attorney, representing the Petitioner, was also inquiring about the possible encroachment of the swale on the north end. He stated that staff has verified that the swale was not in the right-of-way, and was not impacting adjacent properties. He presented an aerial view of the property in question on the monitor, and explained that this was a relocation of a stormwater swale with the old being vacated and the new swale being relocated closer to the shore line.
Commr. Good opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Road Vacation Petition No. 838 by Louis Geys, DABI, Inc. to vacate drainage easements, Town Plat of Villa City, Section 36, Township 21, Range 24, in the Groveland area, Commissioner District 2 - Resolution No. 1997-78.
ROADS-COUNTY & STATE
At this time, Commr. Good stated that Mr. Thomas Winn, Transportation Office, Lake County School System, has provided him with a document listing all of the school bus stops in Lake County. At this time, Commr. Good presented said document to Mr. Jim Stivender, Jr., Senior Director, Public Works. He suggested that said document would assist staff in providing consideration of school bus stops as the County reviews developments, and how developments may impact the bus stops.
PRESENTATION - STORMWATER QUARTERLY REPORT - 2ND QUARTER FISCAL YEAR 1996/97
Mr. Sandy Minkoff, County Attorney, informed the Board that the Supreme Court has issued a Sarasota County opinion on a Stormwater Assessment and upheld the assessment in Sarasota County as a special assessment which includes services, administration, and capital projects.
Ms. Lora L. Bailey, Interim Special Services Director, Public Works, appeared before the Board to present the Stormwater Management Quarterly Report for the Second Quarter Fiscal Year 1996/97, and introduced Mr. Dave DeLoach, P.E., Ghioto & Associates; Mr. Rod Ghioto, Ghioto & Associates; and Mr. John Richmond, Project Manager, St. Johns River Water Management District, who were present to participate in the presentation. At this time, a hard copy of the presentation, and a map of the major basin, sub-basins, and watersheds were distributed to the Board. Ms. Bailey stated that the report would provide a detailed in depth Stormwater Management program for Lake County and would address the Quarterly Report; Stormwater Management - the program; Lake Dora Basin Study; and Lake Gertrude - a watershed study. She discussed the following information and highlighted key items that she felt were of interest to the Board:
THE QUARTERLY REPORT
- 99% complete with the Dora Basin Study;
- 80% complete with the Astor Study (in-house)
- FEMA Remapping Contract - completed April 15, 1997
- 382 Flood Determinations (4300 to date)
- Stormwater Video - 75% complete
- Letters of Map Revision for individuals
STORMWATER MANAGEMENT - The Program
What Do We Have:
- 5 Major Basins (e.g. the Oklawaha River Basin)
- 20 Basins (e.g. the Lake Dora Basin)
- 250 Watersheds (e.g. the Lake Gertrude Watershed)
Goal/Policy/Objective:
- Correct Existing Deficiencies
* Wolf Branch Road
* Lake Yale Dike
* Astor Area
- Guide Future Development
- Protect Floodplains and Floodways
- Establish Stormwater Funding
Stormwater Management in Lake County:
- Phase I - Problem Definition
- Phase II - Conceptual Design & Permitting
- Phase III - Implementation & Construction
Aerial Topographic Mapping:
- Contour interval mapping
- 1-ft. contour intervals
- Provides detailed topographic information for
* Development review
* Flood determinations
* Basin studies
FY 1997/98 Budget:
- Baseline - $180,000
- Enhanced - $498,867
Mr. Dave DeLoach, Ghioto & Associates, explained that the Board of County Commissioners and the St. Johns River Water Management District contracted with Ghioto & Associates to develop a Master Stormwater Management Plan for the Lake Dora Basin. He displayed on the monitor an overall view of the extent of said study and discussed same. He presented Phase I - Problem Definition, and discussed the following information:
- Scope of Work
- Reconnaissance
- Water Quantity Modeling
- Water Quality Modeling
- Water Quantity Problem Areas Prioritization
At this time, Ms. Bailey discussed funding for the Master Stormwater Management Plan, and Ghioto & Associates and staff addressed questions presented by the Board.
Commr. Swartz suggested that staff and the Board review the feasibility of a special assessment program for the Master Stormwater Management Plan as a possible funding source, and noted that currently funding for stormwater projects has been from the County Transportation Trust Fund.
Commr. Hanson suggested that a task force be created to look at the various opportunities for funding the Stormwater Management Plan. She discussed the prioritizing of problem areas, to be completed by July 15, 1997, and stated that the Lake Gertrude Study would be at the top of the list once prioritization and funding sources have been determined. She stated that she would like to see the Board move forward, at this time, with the Lake Gertrude Study, and noted that said study would provide solutions, and the basis with which to prepare a permit.
Commr. Cadwell stated that the Board would have to make a commitment on how to provide long range funding for the entire Stormwater Management Plan and not just for the Lake Gertrude Study.
Commr. Good stated that it would be wiser as a Board, and more productive for the environment of Lake County, to move forward methodically to address those areas where the Board can actually fund resolution of the problems whether they are water quality or water quantity problems.
Commr. Hanson emphasized that the City of Mount Dora was prepared to move forward with the Lake Gertrude Study, and the city's capital improvements program at this time.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to establish a task force or committee to look at the different opportunities for funding stormwater management in Lake County.
Under discussion, Commr. Cadwell stated that the Board should not spend additional funding on studies, if the Board was not committed to finding a dedicated revenue source in the affected areas.
Commr. Swartz suggested that the Board review the different options and attempt to determine which options are acceptable and would work best in Lake County before establishing a task force or committee to look at said options. He stated that each watershed or water basin would have to be considered separately and, after prioritization has been established, one possible approach to take in determining appropriate projects would be to discuss the problems and solutions with the people in their communities. He suggested that the motion be modified to include multiple task forces, noting that the difficult task was providing the funding to retrofit, and not the funding to perform the studies.
Commr. Swartz made a motion to amend the motion, which was seconded by Commr. Gerber, to establish multiple task forces to address the individual projects that may be appropriate based on County staff setting priorities and bringing back to the Board recommended watersheds, sub-basins, or basins during the July 17, 1997 budget workshops.
Under discussion, Commr. Good stated that it was premature to establish task forces until such time that the Board has established criteria, methodology, and direction for the task forces to follow.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Good voted "No".
The Chairman called for a vote on the amended motion, which carried by a 4 - 1 vote.
Commr. Good voted "No".
RECESS & REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:00 a.m.
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, and invited comments on the Stormwater Quarterly Report - 2nd Quarter Fiscal Year 1996/97.
Mr. Rod Stroup, Director of Public Services, City of Mount Dora, appeared before the Board to address the Stormwater Quarterly Report and stated that the Mount Dora City Council has approved funding, in the amount of $64,368.00, for the Lake Gertrude Study. He discussed the Mount Dora Stormwater Master Plan and noted that the areas in the City of Mount Dora that have been addressed in the report presented this date were being addressed by the city at this time. He stated that the city was prepared to address the stormwater problems associated with Lake Gertrude and that the proposed study was necessary to allow the city to look at the stormwater problems systematically. He further stated that it was his understanding that the Board was to take action at the meeting today to provide the County's share of the Lake Gertrude Study, in the amount of $48,276.00, and noted that the St. Johns River Water Management District has made a commitment to fund $48,276.00 of said study.
Ms. Michele Pillow, residing on Overlook Drive, appeared before the Board to address the Lake Gertrude Study and stated that it was her understanding that action would be taken by the Board today in regard to the Lake Gertrude Study. She expressed concern with stormwater run-off and the water quality of Lake Gertrude, and concern that an additional twenty-two (22) homes on eight (8) acres were being constructed in Dogwood Mountain, which would contribute to the problems.
Mr. Bob Herndon, residing on Heim Road, appeared before the Board to address the Lake Gertrude Study and distributed letters of concern from Mr. and Mrs. Richard Norford; Mr. Terry W. Wilson; Mr. Sam S. Sadler, III; Mr. Del G. Potter; and Mr. George Spencer. Mr. Herndon stated that the Lake Gertrude Study was unique from other projects because of the joint participation between the City of Mount Dora, St. Johns River Water Management District and Lake County. He requested that the main thrust of the Lake Gertrude Study be devoted to water quality, with the lake level a secondary and distant issue. At this time, he distributed a map of Lake Gertrude illustrating the storm inlets and discussed same.
Mr. Ronald G. Allee, residing on Morningside Drive, appeared before the Board to address the Lake Gertrude Study and expressed concern with building on lake lots that were not zoned for construction, and concern with pollution of Lake Gertrude.
Commr. Swartz responded to Mr. Allee's concerns and explained that old Lots of Record allow construction on the above noted lots and that the only option available to prohibit construction on said lots would be to purchase the land. Mr. Sandy Minkoff, County Attorney, interjected that the above noted lots were in litigation between the various parties and before Judge Mark J. Hill at this time.
PUBLIC HEARING
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending Section 13-46, Lake County Code, providing that the Tourist Development Tax be collected by the Department of Revenue, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, SECTION 13-46, PROVIDING THAT THE TOURIST DEVELOPMENT TAX BE COLLECTED BY THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
At this time, Commr. Good opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1997-34, an ordinance amending Section 13-46, Lake County Code, providing that the Tourist Development Tax be collected by the Department of Revenue, as read on its final reading, by title only.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services Division, presented the request for appointment of individuals to the vacant positions on the Board of Building Examiners.
Commr. Swartz stated that it was his understanding that the category of consumer member was to have individuals who represented consumers and who were not related to the provision of construction and building. It was the decision of the Board to readvertise two positions of consumer member and to clearly outline the definition of consumer member; and to readvertise one position of business person.
Mr. Dale Greiner, Building Services Director, appeared before the Board to discuss the two applications that had been received that fit the description for the category of consumer member. At this time, extensive discussion occurred in regard to the appointment of individuals to the Board of Building Examiners.
On a motion by Commr. Cadwell, seconded Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Brandon Wald to the Board of Building Examiners representing the category of architect, with his term commencing on January 15, 1997 and expiring January 14, 2001.
On a motion by Commr. Gerber, seconded Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Tom L. Hofmeister to the Board of Building Examiners representing the category of Section 489.105(3)(a)-(c) (General Building Contractor), with his term commencing on January 15, 1997 and expiring January 14, 2001.
On a motion by Commr. Gerber, seconded Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Gail Savage to the Board of Building Examiners representing the category of engineer, with her term commencing on January 15, 1997 and expiring January 14, 2001.
On a motion by Commr. Hanson, seconded Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of Marc T. Matthews to the Board of Building Examiners representing the category of business person, with her term commencing on January 15, 1997 and expiring January 14, 2001
Mr. Sandy Minkoff, County Attorney, noted that one term on the Board of Building Examiners would expire January 14, 1999; at which time it was the decision of the Board that one appointment to the consumer member category would have a term expiring January 14, 1999.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to appoint Tom Chapman, as a representative of the Lake County School Board; Robert W. Westrick, as a representative of Lake-Sumter Community College; and Ann Dupee, as a representative of the Lake County League of Cities, to the Industrial Development Authority, with terms expiring March 10, 1999.
In response to a question presented by Commr. Swartz, Mr. Sandy Minkoff, County Attorney, stated that the above-mentioned appointments were non-voting members and that there were no proxies.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
Commr. Good presented the request for approval of a resolution to appoint to the Tourist Development Council one (1) member from the category of owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in Lake County and subject to the resort tax.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Thomas R. Fultz to the Tourist Development Council as a representative of the category of owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in Lake County and subject to the resort tax, to fill an expired term ending December 1, 2000.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Good presented the request for appointment of members to the Evaluation and Appraisal (EAR) Advisory Committees.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointments of Joyce M. McTier and Tait Trussell to the Evaluation and Appraisal (EAR) Housing Element Advisory Committee.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Howard P. Barry to the Evaluation and Appraisal (EAR) Transportation Element Advisory Committee.
Discussion occurred in regard to the remaining appointments to the Evaluation and Appraisal (EAR) Advisory Committees; at which time, Ms. Sharon Farrell, Senior Director, Department of Growth Management Services Division, stated that staff has discussed combining the Housing Element Advisory Committee and the Intergovernmental Element Advisory Committee into one committee, and noted that she could bring this suggestion back to the Board for consideration. Staff was directed to approach various agencies, such as the Lake County Water Authority and the Department of Environmental Protection, in regard to appointment of individuals on the Evaluation and Appraisal (EAR) Advisory Committees.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, presented the request for approval of Lease Agreement between Lake County and the City of Leesburg for property at the Leesburg Municipal Airport, and explained that the term of the lease was for a period of 25 years for property to construct a hanger to house the Lake County Sheriff's Office helicopter. He explained that the lease amount includes $2,500 to defray the cost of relocating a hangar on the premises and that the annual rent would be $1,333.53 beginning with the second year of the lease; and every two years thereafter, the rent would be increased according to the current Consumer Price Index (CPI).
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the Lease Agreement between Lake County and the City of Leesburg for property at the Leesburg Municipal Airport.
REPORTS
COUNTY MANAGER
INSURANCE/COMMITTEES
Ms. Sue Whittle, County Manager, informed the Board that she has been requested to serve on the Board of Directors of the Florida Health Care Purchasing Cooperative on behalf of the Florida Association of Counties. She stated that Mr. Sandy Minkoff, County Attorney, and the International City/County Management Association (ICMA) Ethics Office have confirmed that there were no legal conflicts involved with her appointment. It was noted that the Board of County Commissioners did not have a concern with Ms. Whittle serving on the Board of Directors of the Florida Health Care Purchasing Cooperative.
COUNTY ATTORNEY (CONTINUED)
COMMITTEES
Mr. Sandy Minkoff, County Attorney, informed the Board that the Lake County School Board has appointed him to serve on a short term advisory committee to review School Board facilities.
COUNTY MANAGER (CONTINUED)
STATE AGENCIES
Ms. Sue Whittle, County Manager, informed the Board that, as County Manager, she was a designated member on the Green Swamp Land Authority and that Mr. Sandy Minkoff, County Attorney, has agreed to be her designee on said Authority.
ADDENDUM NO. 1 (CONTINUED)
COMMISSIONER GERBER - DISTRICT NO. 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Gene Caputo, St. Johns River Water Management District, as representative of an institution or agency; and the appointment of Elizabeth Barker, as a representative of development on the Natural Resources Advisory Committee.
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT NO. 2
STATE AGENCIES
Commr. Good distributed, for informational purposes, a copy of a letter to the Board, dated May 2, 1997, addressed to The Honorable Daniel Webster, and Senator Toni Jennings, President, in regard to Right-of-Way Acquisition Guidelines Conflict Between the Department of Environmental Protection and the Florida Department of Transportation, requesting assistance in resolving a conflict between the right-of-way acquisition guidelines for the Department of Environmental Protection (DEP) and the Florida Department of Transportation (FDOT).
RESOLUTIONS
Commr. Good distributed a copy of a draft letter and resolution to the Board in regard to state funding of the Article V costs of the State Court System and support of SB902 and HB1319.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1997-96 expressing support of state funding of the Article V costs of the State Court System and support of SB902 and HB1319.
COMMUNICATIONS
Discussion occurred in regard to broadcast issues relating to the broadcasting of Board of County Commissioners' meetings and the broadcasting of said meetings in South Lake County. Mr. Sandy Minkoff, County Attorney, provided an update on broadcasting the meetings in South Lake County and stated that Comcast Cablevision has indicated that the meetings would be televised in South Lake County if tapes of the meetings were delivered to their office. He noted that currently there was no capability to transmit from Lake Sumter Community College to South Lake County.
COMMISSIONER HANSON - DISTRICT NO. 4
MEETINGS/PLANNING
Commr. Hanson noted that a well drilling workshop was to be scheduled and requested that staff schedule said workshop.
Commr. Hanson further noted that residential dwellings above small commercial buildings was currently not being allowed and was not in the matrix illustrated in the Lake County Land Development Regulations. She stated that it was the intent of the Board to allow residential dwellings above small commercial buildings.
Commr. Hanson informed the Board that Law Day, sponsored by the Umatilla Kiwanis Club, was scheduled on May 19, 1997 at the Umatilla Community Building and that the speaker would be from Boggy Creek.
COMMISSIONER SWARTZ - DISTRICT NO. 3
ORDINANCES
Commr. Swartz informed the Board that he has received a call in regard to protection of duck boxes located on local lakes as a result of the proposed ordinance regulating the discharge of firearms. He suggested that a bird sanctuary would be an appropriate way to provide protection of ducks and duck boxes. At this time, staff was directed to review this issue.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:35 p.m.
___________________________________
William "Bill" H. Good, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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