The Lake County Board of County Commissioners met in regular session on Tuesday, May 20, 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; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the invocation and led the Pledge of Allegiance.
Ms. Sue Whittle noted that the Board had a published addendum to the agenda today. She also wanted to add, under County Manager's Business, discussion of a juvenile justice needs meeting tonight in Leesburg, which was called by Senator Anna Cowin.
Commr. Cadwell requested that the Board add to the agenda, under his business, the approval of an proclamation acknowledging Law Day.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the request to approve a Proclamation for Law Day.
Discussion occurred regarding the Minutes of April 1, 1997, Regular Meeting, with the following corrections being made:
Page 21, Line 12 - Change: "precluded" to "provided"
Page 27, Lines 14 and 21 - Change: "to begin collecting" to
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 1, 1997, Regular Meeting, as corrected.
Discussion occurred regarding the Minutes of April 15, 1997, Regular Meeting, with the following corrections being made:
Page 16, Line 4 - Change: "distressful" to "stressful"
Page 14, Line 4 - Change: "Good" to "Gerber"
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 15, 1997, Regular Meeting, as corrected.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Clerk of Courts' Consent Agenda, Tabs 1 through 16, for the following requests:
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.
Bonds - Contractor
Request to approve the following Contractor Bonds:
5540-98 Paul Getchell Electric (Electrical)
5541-97 George Tiffany/Quality Plus Electric Inc. (Electrical)
Accounts Allowed/County Property
Request to approved the List of items to be deleted from Fixed Assets for the month of May, 1997, in the amount of $11,756.68.
Request to acknowledge receipt of the City of Umatilla, Florida, Comprehensive Annual Financial Report, September 30, 1996.
Request to acknowledge receipt of the following from the Florida Public Service Commission:
a. Notice of Commission Hearing Before the Florida Public Service Commission to All Parties and All Other Interested Persons; Docket No. 950699-TL; In Re: Resolution by City Commission of Haines City requesting Extended Area Service (EAS) from Haines City Exchange to all Exchanges within Polk County. Notice is hereby given that a Public Hearing will be held on April 22, 1997 at 10 a.m. and 6 p.m. at the City Hall/Commission Chambers, Haines City, Florida.
b. Before the Florida Public Service Commission, Notice of Customer Service Hearings to Florida Power Corporation and All Other Interested Persons; Docket No. 970261-EI; RE: Review of Nuclear Outage at Florida Power Corporation's Crystal River Unit 3. Notice is hereby given that public hearings will be held, as follows: May 20, 1997, 6:30 p.m., Winter Park Women's Club, Winter Park, Florida; May 21, 1997, 10 a.m., Haines City, City Commission Chambers, Haines City, Florida; May 21, 1997, 6:30 p.m., Pinellas County Courthouse, Clearwater, Florida; May 22, 1997, 10 a.m., The Heritage Inn, St. Petersburg, Florida; May 22, 1997, 6:30 p.m., Hernando County Fairgrounds, McKethan Auditorium, Brooksville, Florida; June 26, 1997, 9:30 a.m., Betty Easley Conference Center, Room 148, Tallahassee, Florida.
c. Before the Florida Public Service Commission, Order on Motions for Reconsideration, Docket No. 950495-WS, In Re: Application for rate increase in service availability charges by Southern States Utilities, Inc. for Orange-Osceola Utilities, Inc. in 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.
Request to acknowledge receipt from the City of Tavares, Ordinance 97-01, Amending Chapter 17 of the City of Tavares Land Development Regulations pertaining to Utility Service, passed and ordained on the 19th day of February, 1997, by the City Council of the City of Tavares, Florida.
Request to acknowledge receipt of the following from the City of Leesburg:
a. Ordinance No. 97-10, Annexing Certain Property Owned by Albert Leesburg, Said Property Consisting of Approximately 280 Acres and Being Generally Located on the Northwest Quadrant of the Florida Turnpike and C.R. 470, as described, passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 14th day of April, 1997.
b. Ordinance No. 97-11, Annexing Certain Property Owned by William B. Mahan, Sr., Said Property Consisting of Approximately 5.26 Acres and Being Generally Located in the Vicinity of South Street (The North Side of S.R. 44), as described, passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 14th day of April, 1997.
Request to acknowledge receipt from the City of Groveland, Ordinance 97-04-05 Providing for the Voluntary Annexation of a Reasonable Compact Area Contiguous with the Northern Boundary of the City of Groveland, Florida, and a map indicating the location of the properties annexed, passed and adopted by the City Council of Groveland, Lake County, Florida the 7th day of April, 1997.
Request to acknowledge receipt from the City of Mount Dora, Ordinance 692 Annexing Property to the City of Mount Dora; Providing for the Annexation of Property Generally Located West of Donnelly Street, North of Old Eustis Road, Mount Dora, Florida, as described, passed and ordained the 1st day of April, 1997, by the City Council of the City of Mount Dora, Florida.
Accounts Allowed/Code Enforcement
Request to approve and signature authorization on the Satisfaction and Release of Fine for Edward Parker, in the amount of $400.00 as payment in full.
Accounts Allowed/Code Enforcement
Request to approve and signature authorization on the Satisfaction and Release of Fine for Raymond J. Klimowicz, in the amount of $500.00 as payment in full.
Accounts Allowed/Code Enforcement
Request to approve and signature authorization on the Satisfaction and Release of Fine for Charles R. Ritter, in the amount of $500.00 as payment in full.
Request to approve and signature authorization on the Satisfaction of Judgment, State of Florida vs. Rena Dean Beckett, Case No. 96-717-CFA-JL, in the amount of $250.00
Request to acknowledge receipt from Gretchen R. H. Vose, Attorney, the North Lake County Hospital District Annual Financial Report and Audit Report, pursuant to Florida Statutes, Section 189.418.
Accounts Allowed/Budget Adjustments/Resolutions
Request to approve the following Budget Adjustments for FY 96/97:
1. Fund: General Fund
Department: Growth Management
Revenue: Fines and Penalties $ 3,500
Expense: Licensing Support $ 3,500
Amendment #: 97-184
Justification: Resolution to receive unanticipated revenue received from the issuance of citations/fines to unlicensed/licensed contractors.
1. Fund: General Fund
Department: Facilities and Capital Improvements
From: Contingency $ 2,085
To: Accounting and Auditing Fees $ 2,085
Transfer #: 97-185
Justification: Additional funds needed for the audit of the Sales Tax Refunding Revenue Bonds due to the additional time spent by auditors addressing the escrow compliance issue.
2. Fund: General Fund
Department: Judicial/Court Costs
From: Contingency $30,000
To: Court Costs $30,000
Transfer #: 97-186
Justification: Additional funds are required for the costs incurred relating to criminal court activity.
3. Fund: General Fund
Department: Judicial/Public Defender
From: Contingency $11,000
To: Competency Exams $ 4,000
Expert Witness Fees $ 7,000
Transfer #: 97-187
Justification: Additional funds required for costs incurred in the defense of high profile capital cases.
4. Fund: General Fund
Department: Constitutional Officer/Sheriff Support
From: Contingency $3,900
To: Rentals and Leases $1,400
Other Current Charges $2,500
Transfer #: 97-188
Justification: Transfer needed for the lease between Lake County and the City of Leesburg for the hangar at the municipal airport.
5. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency/Sheriff $10,000
To: Transfer/Law Capital $10,000
Transfer #: 97-189
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting $10,000 be transferred to Law Capital Outlay.
Audits/Contract, Leases & Agreements
Request to approve an amendment to the Agreement for External Audit between Lake County and Ernst & Young.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tabs 15 and 18 be pulled for discussion and that staff check the district number on Tab 17.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 22, with the exception of Tabs 15 and 18, and Addendum No. 1, I. A. and B., for the following requests:
Accounts Allowed/Community Services
Request to approve Payment of monthly Medicaid Hospital bill in the amount of $56,201.25, and the Medicaid Nursing Home bill in the amount of $36,256.24 for the month of March, 1997.
Request to approve execution of Substance Abuse Act grant support letter for the allocation of the federal funds through the Department of Community Affairs.
Request to approve execution of Satisfaction of Mortgage for Deidre Denise Bouges.
Communications/Contracts, Leases & Agreements
Request to approve execution of Application for Franchise Authority for the transfer of the Lake County Cablevision/Comcast Corporation Cable Television Franchise from Mr. Ralph Roberts to his son, Mr. Brian Roberts.
Contracts, Leases & Agreements/Grants/Economic Development
Request to approve execution of First Amendment to Incentive Grant Agreement between Lake County and Golden Gem Growers, Inc. granting an extension of time.
Accounts Allowed/Contracts, Leases & Agreements/Economic
Request to approve execution of Job Growth Investment Trust Fund Agreement between Lake County and Handex Environmental, Inc. in an amount not to exceed $50,000.
Contracts, Leases & Agreements/Grants/Fire & Emergency Services
Request to approve execution of Modification to the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement.
Request to approve execution of amended Zoning Ordinance 1996-38 for Vincent Fechtel removing an erroneous paragraph regarding dedication of right-of-way on a non-publicly maintained street, and approval to re-record this Zoning Ordinance.
Bonds - Mobile Home
Request to approve cancellation of Mobile Home Bonds for the following:
MB 16-95-5 William F. and Deborah Alderton
MB 96-001-1 Tom C. Murphy
MB 12-95-2 Arlie Jarrell
MB 96-06-2 Arlie Jarrell
Roads-County & State/Resolutions
Request to approve acceptance of Final Plat for Hills of Lake Louisa, Phase 2 Subdivision, acceptance of a Cashier's check in the amount of $980, execution of a Developer's Agreement between Lake County and Hills of Lake Louisa Development for Construction of Improvements, acceptance of an Irrevocable Letter of Credit for maintenance in the amount of $13,614.49, execution of a Developer's Agreement between Lake County and Hills of Lake Louisa Development for maintenance of improvements, and approval and execution of Resolution 1997-86 accepting the following roads into the County Road Maintenance System: Meadow Crest Lane "Part" (2-0639E), Summer Breeze Court (2-0639F), Grand Hills Boulevard (2-0639G), Water Ridge Lane "Part" (2-0639H), Lazy Oak Court (2-0639I) and Water Meadow Court (2-0640B).
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request to approve acceptance of Final Plat for Susan's Landing Phase I Subdivision, acceptance of Letter of Credit in the amount of $210,108.24, and approval and execution of a Developer's Agreement for construction of improvements between Lake County and Besray Revocable Trust & Raybess Revocable Trust.
Accounts Allowed/Assessments/Public Works
Request to approve to waive title search fee of $75.00, filing fees of $105.50, and interest of $55.30 from August, 1996 through May, 1997, for a total of $235,80 on the assessment of Zebele and Otis Robinson.
Road Vacations - Permission to Advertise
Request to approve to advertise Road Vacation Petition No. 843 by Jim Stivender, Jr., Senior Director, Lake County Department of Public Works, to vacate right-of-way, Sec. 20, Twp. 17, Rge. 29, Forest Hills area - Commissioner District 4.
Road Vacations - Permission to Advertise
Request to approve to advertise Road Vacation Petition No. 844 by Ronald Davis to vacate lots, tracts, and right-of-way, Silver Lake Estates, Sec. 14, Twp. 19, Rge. 25, Leesburg area - Commissioner District 3.
Roads-County & State/Signs/Resolutions
Request to approve execution of Resolution 1997-87 authorizing the posting of "Speed Limit" signs on the following roads in the south Montverde area:
Summerset Ct. 2-1356
Royal Oak Ct. 2-1356A
Carriage Hill Ct. 2-1357
Charter Oaks Tr. 2-1357A
Bay Lakes Tr. 2-1357B
S. Greater Hills Bv. 2-1358
Lake Hodge Ct. 2-1358A
Sausalito Cr. 2-1358B
River Run Ct. 2-1358C
Summit Ct. 2-1358D
Greater Tl. 2-1456
Meadows West Tl. 2-1456A
Peppermill Tl. 2-1456B
Hidden Lake Cr. 2-1458
N. Greater Hills Bv. 2-1458A
Indian Ridge Tl. 2-1458B
Kensington Ct. 2-1458C
Goodings Ln. 2-1458D
Pointe East Tl. 2-1458E
Kensington Tl. 2-1458F
Lake Orienta Ct. 2-1458G
Indiana Wells Ct. 2-1458H
Gingermill Ct. 2-1458I
Watermill Ct. 2-1458J
Oakland Ct. 2-1458K
Arrowhead Tl. 2-1459
Roads-County & State/Signs/Resolutions/Municipalities
Request to approve execution of Resolution 1997-88 authorizing the posting of "No Trucks" signs at the entrance from SR 19 on Beach St. 5-8070 and Palm St. 5-8069 in the Umatilla area.
Deeds/Roads-County & State
Request to approve acceptance of the following deeds:
Quit Claim Deeds
Winifred S. Langley
West Eldorado Dr. 4-6379
John M. Wallis, III and Jacqueline C. Wallis
Lakeshore Drive 3-3128
Bobby Joe Ware
Edgewood Boys Ranch Road 2-0822
Gladys D. Fortner (Ind/Tr) of the James Edward Fortner Family Trust
Abrams Road and Waycross Ave. 4-5071 and 4-5072
Temporary Non-Exclusive Easement Deeds
James T. Douglas and Jacqueline Douglas
6th St. & Forest View Road
James T. Douglas and Jacqueline Douglas
6th & Forest View Road
Richard J. Bringard and Mary R. Bringard
Blue Heron Way 5-6043
Shamrock Homes Inc.
Blue Heron Way 5-6043
Statutory Warranty Deeds
Herbert G. Baker and Alice T. Baker
Douglas Rd. 2-1805
Lee E. Gavin and Gloria Gavin
Guava St. & Main St.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request to approve authorization to accept final plat for Greater Pines Phase 4; execute a Developer's Agreement for Construction of Improvements between Lake County and Greater Construction Company; and accept a performance bond in the amount of $121,921.15.
ADDENDUM NO. 1
Community Services/Contracts, Leases & Agreements
Request for approval and execution of Subordination Agreement.
Contracts, Leases & Agreements/Subdivision/Growth Management
Request for acceptance and execution of Agreement between Lake County and Greater Construction Corporation for the issuance of six building permits in The Greater Pines Phase 4 Subdivision prior to the acceptance and recordation of the Final Plat - Commissioner District 2.
Contracts, Leases & Agreements/Subdivisions/Growth Management
Request for acceptance and execution of Agreement between Lake County and Greater Construction Corporation for the issuance of five building permits in The Greater Groves Phase 5 Subdivision prior to the acceptance and recordation of the Final Plat - Commissioner District 2.
Presentation of Vision, Mission and Value Statements
Ms. Sue Whittle, County Manager, stated that a presentation would be made to the Board from the Quality Initiative Team. Several months ago staff had started the process of working with all County employees on a Vision Statement, a Mission Statement, and Values, and the Team was prepared to report on the results of that work.
Mr. Craig Haun, Senior Director, Fire & Emergency Services, addressed the Board and stated that, in 1995, there was a Quality of Work Life Study Commission, which confirmed that there was some dissatisfaction in the work place, and the employee moral in Lake County had declined. When Ms. Whittle came to work for Lake County in September, 1995, the Board directed that the employees be a priority, and a little over a year ago, through Board direction, the leadership of the County Manager, and the Senior Team, a program was started to improve the quality of service the County provides to its customers, both internal and external, and the program was called PRIDE. In June, 1996, the County Manager asked for volunteers from the Senior Team to attend the Florida Sterling Conference in Orlando. The Team consisted of Mike Anderson, Sarah LaMarche, Alvin Jackson, Ava Kronz, and Craig Haun. After a presentation by the Sterling Team to the entire Senior Team, it was a consensus that the program would be beneficial to the Lake County community. The Sterling Team held 12 workshops, with 371 employees being in attendance. The Florida Sterling process was utilized to establish a Vision and Mission for the County's internal organization.
Mr. Alvin Jackson, Deputy County Manager, stated that on February 21, 1997, the Division Directors prepared their Vision and Mission. During the month of March, 18 meetings were held in the Administration Building, with all employees being involved. The results of their work was taken to the Department Directors, and the Department Directors met on April 24, 1997 to mold the final statements of the presentation to the County Manager and the Board. Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, stated that it was with a great sense of pride that the Team present the outcome of one year of labor to the Board, as follows:
VISION: Earning Community Confidence Through Excellence In Service
MISSION: Providing the Highest Quality Service By Developing Common Goals With the Public Through a Commitment to Excellence, Integrity, Teamwork and Caring.
WE VALUE: Teamwork, Respect, Loyalty, Integrity, Dedication, Caring, Enthusiasm, Sense of Humor, Recognition, Professionalism
Ms. Ava Kronz, Director of Continuous Quality Improvement, stated that an internal customer survey was done, and the results were their goals for the future. The next step would be to present an implementation plan.
Ms. Whittle stated that, two years ago, the Board set as one of its four focus areas excellence and governmental operations and challenged the employees of Lake County to go forward and develop and improve on the quality of work and the quality of services offered to the public. She was very proud of the work that had been done by the employees, and she believed that they had accepted the Board's challenge and were moving forward with it. Ms. Whittle asked that all of the employees in the audience that took part in the development of the Vision and Mission and Value Statements stand and be recognized.
Ms. Kronz gave special recognition to Lora Bailey, Special Services/Interim Division Director, and the Employee Team, as follows: Joseph Waters, Braxton Vasiglia, John Hefler, Patty Harker, Bobby Phillips, Dale King, Joan Pell, Bonnie Atchley, Blaine Logan, Kirsten Mabry, Sue Michaelsen, George Hewlett, Mary LaFollette, and Nicie Parks.
Commr. Good stated that, on behalf of the Board, staff had accepted and taken the challenge and this was a massive communications effort that has moved through all levels of Lake County government, and it was a consensus of direction and purpose that had been shared with the community. He stated that this could only mean good things for Lake County, and for those who were privileged to be employees of Lake County.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board accepted and endorsed the Vision, Mission and Value Statement of the employees.
RECESS & REASSEMBLY
At 9:30 a.m., the Board recessed for five minutes.
Mr. Sandy Minkoff, County Attorney, read the title for proposed Ordinance 1997-35, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING THE "LAKE COUNTY CITIZENS' COMMISSION FOR CHILDREN" AS A PERMANENT ADVISORY BOARD; PROVIDING FOR A TITLE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING THE OBLIGATIONS AND DUTIES; PROVIDING FOR PROCEDURES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff noted that, on Page 4, Line 1, the beginning date of the terms was changed from January 15th to May 15th to accord with the current terms of the existing members.
Commr. Hanson stated that the appointed County Commissioner would not serve as a member and would be a non-voting liaison, and the Sunshine Law would not apply to that member.
Commr. Good opened the public hearing portion of the meeting and called for public comment.
Ms. Linda Rozar, Concerned Citizens, Fruitland Park, addressed the Board and stated that the Concerned Citizens were in opposition to having a permanent committee. Ms. Rozar stated that, in the beginning, some people had asked for a study about childrens' needs in Lake County. The Concerned Citizens came before the Board and stated that they wanted to see the results of the needs assessment and a directory of services put together, to be placed underneath Lake County Community Services. Ms. Rozar stated that the concern that had been expressed by the Concerned Citizens was the administrative costs, because she was told that it would not be over 15 percent, but would be somewhere around ten percent. Ms. Rozar reviewed some of those figures from previous budgets with the Board at this time. Ms. Rozar asked that the Citizens' Commission for Children and the Board do a study for the past seven years, or close to that time, so that she could see the correlation, and she could determine whether the violence with teens had decreased, there had been a reduction in teen pregnancy, and a reduction in drug use.
Mr. Bob Lovell, Supervisor of Child Protective Supervision in Lake County, formerly known as HRS, now known as Department of Children and Families, stated that, in the beginning, this Department had some reservations about the Citizens' Commission for Children, but now they think its wonderful, because it puts the responsibility for concerns about children back with the people. Mr. Lovell felt that this was the best thing that the County had done, and it was nice to have a Commission where this department can go and have a forum to discuss its problems and get help. Mr. Lovell stated that this was the move of the future, and he was in favor of it.
Commr. Gerber noted that Mr. Lovell is a Commissioner for the City of Leesburg.
Father David Randolph, Chairman of the Lake County Juvenile Justice Council, and Chairman of District 13 Juvenile Justice, stated that he would like to speak in favor of the proposal. The State law dictates that Lake County have a Juvenile Justice Council, and the Secretary of Juvenile Justice has stressed collaboration and responsibility, which he feels the Citizens' Commission for Children has provided through the efforts of its director, who has done an outstanding job. With regard to the religious community, Father Randolph did not think this was anti-religious.
Ms. Mary Fletcher, Lake County School Board Member, stated that there were a lot of people in the room that were active in the league back in the early 90s, and she felt that they sort of got this idea started, with the theme being "It Takes a Village". She was very proud of the Citizens' Commission for Children and everyone that has taken part in it.
Ms. Kyleen Fisher, former Chairman and current member of the Lake County School Board, thanked the Board for the opportunity to have such a fine service organization in Lake County. The meetings she has attended, the services, the credibility that this Commission has brought to the County makes her feel that the Board should really give full thought to making this a standing permanent committee. She thanked the Board for considering the needs of Lake County students and stated that the programs being considered gives her great respect for all of them. She hoped that the Board would continue to support the Committee.
Mr. Mark Hasty stated that he felt one of the problems of government was misinformation. A previous person who addressed the Board on this issue supported this because of openness. He stated that, in the Child Protective Services Agency, formally called HRS, there is no openness. He was against the proposition of making this a permanent committee, because it makes another level of bureaucracy for families. Mr. Hasty had left each of the Board members a letter, which he had originally planned to discuss with them, but at this time, he wanted the Board to know that there was a national organization called Victims of Child Abuse Law, which the Board should review. Mr. Hasty informed the Board that he had recently read an article about the district attorney, or state attorney, in Jacksonville who had come under scrutiny for falsification of records. He stated that there were problems with the same thing in the Fifth Judicial Circuit, which he has been trying to address by becoming involved in the political process. He explained that the government has a citizens' commission in every county called the Grand Jury, which can investigate everything that has to do with government. Mr. Hasty informed the Board that three percent of 100,000 cases investigated each year are confirmed as child abuse. The Family Bill of Rights will greatly diminish the overwhelming number of false allegations. He stated that the Citizens' Commission for Children becoming a permanent committee represents a little bit more of the child abuse industry, and as stated earlier, more of the money is being spent on administration than helping children.
Ms. Linda Floyd, Childhood Development Services, addressed the Board and stated that Childhood Development Services was a non-profit independent agency, which works as a partner with children and families and other government and local agencies to provide services for children. Ms. Floyd stated that Lake County was the only county that had a Citizens' Commission for Children, and the Board should be applauded, because it has been visionary in the process. She did not want anyone to be fooled by the figures in the budget, because the figures that were not in the budget were all of the dollar equivalence for the man hours spent by volunteers, and all of the dollars that have been saved by the State, because services can be given to children through other agencies. Ms. Floyd urged the Board to continue the good work and keep the Commission on a permanent basis.
Ms. Sandra Green, Principal at Lifestream Academy, stated that she was here today to commend the Citizens' Commission for Children and to say that the Board has nurtured and protected the children of the County by allowing this Commission to grow very slowly, deliberately, and very professionally under the guidance of Ms. Hillary Knepper, Childrens' Services Coordinator. She stated that early prevention and intervention are what the Commission has targeted with the County's dollars and tax dollars. She further stated that, by having the monies that the County allows them to get through the grant process, these organization are allowed to leverage and bring in additional dollars. Ms. Green personally thanked the Board for its efforts.
Mr. Dave Dawkins, Mount Dora, stated that he is a volunteer who serves on the Citizens' Commission for Children, and he is very proud of the number of hours he has given to the Commission. He discussed the comment made by Mr. Hasty regarding the Grand Jury and stated that it could not help provide day care or lunch for a child that needs it. He stated that the Commission for Children was not another government bureaucracy. It brings things together and makes it easier for families to find help, and it is an advisory group strictly to help children. He applauded the efforts of all who have been involved with the process and asked that the Board make it a permanent commission.
Mr. Don Welsh, Lake County Boys Ranch, stated that, as part of the private sector providing for children in Lake County, he wanted to emphasize the importance of the Citizens' Commission for Children in the role of coordinating services for the community and private agencies such as the Boys Ranch. He stated that the Commission for Children has played a critical role in the sense of actually being able to eliminate waste by bringing people to the table. Mr. Welsh commended the Board for coming together and pushing to make this a permanent part of Lake County.
Ms. Joan McCall stated that she was on the original study committee along with Commr. Hanson, and she had presented the final study report to the Board. The Board voted unanimously to make the proposed committee the Citizens' Commission for Children. She applauded the Board for wanting to make this a permanent committee, because this was about preserving families and giving kids the best possible start in life, so they did not end up in the juvenile justice system.
Ms. Elysia Barrett, Director and Owner of the Child Care 2000 in Lake and Sumter Counties, stated that there were so many needs that were yet to be met, and she would like to see the Citizens' Commission for Children continue with its purpose. She stated that the Commission for Children reaches out to the private sector, and she had a great concern that some of the information being provided was misleading. She further stated that the focus seemed to be cutting the government dollars and salary amounts, yet the volunteer hours and the grant money needed to be considered.
Commr. Good called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson commended the Citizens' Commission for Children for the success they have provided for Lake County in the lives of children. She stated that the figures mentioned earlier for this year would have been for administrative costs, which was $66,000. She further stated that the total was $246,000, but those dollars were being leveraged throughout the community through the Kiwanis Club, Lions Club, and all of the civic organizations, which have become partners in the prevention of problems with children. The administrative costs were limited, although they were the major area of contention when the Citizens' Commission for Children was first created. She felt that this was still the one issue of concern, and she felt that it should always be an area of concern, because the dollars need to get out in the community and not in the administrative costs. Commr. Hanson stated that the clearing house was one of the major goals, and it was taking place and had been a coordination effort. She stated that the plan for the after school programs was brought up several years ago, and it was turned down because of the cost factor. Commr. Hanson stated that one of her big concerns was the Board not supplanting the dollars that the Commission for Children and the County will provide for state and federal dollars. She stated that the Commission for Children has become a part of Lake County, and to eliminate it now would be a step backward. She further stated that 25 percent of children are living at, or below, the poverty level in Lake County. In some parts of her district it was as high as 36 percent. It has never been the goal of the Commission for Children to actually go into the family, and it only provides prevention programs. Commr. Hanson stated that she has been very pleased with the direction that the Commission has taken in this effort.
Commr. Cadwell stated that, previously, this had been one of the tough issues that had come before the Board, and the Board had some questions about it, but the Board now knows what the Citizens' Commission for Children has done and the direction it is heading should have no problem making it a permanent committee.
Commr. Gerber stated that she has seen the Citizens' Commission for Children change over time, and the focus has changed from violence and teen pregnancy to early intervention and prevention. She noted that there was no connection between this committee and Health and Family Services other than the fact that there was a Commission member that sits on the board, and she supports the ordinance wholeheartedly.
Commr. Swartz stated that the Citizens' Commission for Children has done an outstanding job, and he felt that the public hearing today was testimony to the job that the Commission for Children has done, particularly in its more recent years. Commr. Swartz stated that, by removing the sunset provision, people needed to understand that the Committee was performing a vital function in the community. If they did nothing but hold their monthly meetings and provide a forum for all of the agencies to get together, this alone would be helping children and families in Lake County, and they should be made a permanent committee to indicate their importance on the level with the other permanent committees. He stated that people needed to understand that, if there ever came a time when the Commission was not needed in Lake County, the Board would probably phase the agency out. With regard to bureaucracy, Commr. Swartz stated that this organization was the opposite of a bureaucracy. He stated that there was one full time staff member who tries to work with this agency, as well as collaborate and work with all of the other ones that are providing services to children and families in Lake County. He agreed with the other comments that the Board members had shared, and he expected the Board would approve the ordinance.
Commr. Good stated that he was sure that the vote would be one for the 32,000 children living within the County's boundaries, and he was looking forward to reading the written report, which the Board would be receiving no later than March 15th.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 1997-35, as read by title only.
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would take a five minutes recess.
Commr. Good stated that the Board needed to take action on the memorandum from Ms. Jodi Hanson, Executive Secretary, Board Office, regarding the membership of the Citizens' Commission for Children.
Mr. Fletcher Smith, Senior Director of Community Services, discussed the vacancies with the Board.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the following reappointments to the Citizens' Commission for Children, with their terms ending May 14, 1999:
District #1 - Norma W. Calby
District #2 - Jimmy D. Crawford
District #3 - Charlotte W. Lehner
District #4 - Felix Ramirez
District #5 - Beth Anne Scovil Moore
At Large Representatives - David L. Dawkins
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the following appointment and reappointment to the Citizens' Commission for Children, with their terms ending May 14, 1998:
Lake County School Representative - Mary H. Fletcher
Dept. of Children and Families Rep. - Robert Froeman
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the following reappointments to the Citizens' Commission for Children, with their terms expiring May 14, 1998:
District #1 - Joan P. Brown
District #2 - Donald P. Ricci
District #3 - Susan Libbert
District #4 - Jose R. Gonzales, M.D.
District #5 - Cindy Pratt
Member At Large - Ronald D. McQuinn
Mr. Sandy Minkoff, County Attorney, read the title for proposed Ordinance 1997-36, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, REQUIRING "MOTION PHOTOGRAPHY PRODUCTION PERMITS"; PROVIDING A SHORT TITLE; PROVIDING FOR AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIRING A PERMIT; PROVIDING FOR APPLICATION FOR PERMIT; PROVIDING FOR STANDARDS FOR ISSUANCE OF PERMITS AND RULES AND PROCEDURES; PROVIDING FOR COSTS FOR EXTRAORDINARY SERVICES; PROVIDING FOR EXEMPTION FROM OTHER COUNTY ORDINANCE OR ZONING RESOLUTION REQUIREMENTS; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that the only change that had been made to the ordinance, since the approval to advertise, was modifying Section 10-4 and moving the penalty sections to Section 10-9, as the Board had requested. He stated that the ordinance does not regulate news, news features, or documentary productions and only applies when the public areas have to be used. It does not apply to studios or things totally filmed on private property.
Commr. Gerber questioned Lines 6 and 7 on Page 7 regarding the communication of a suspension, and Ms. Leslie Little, Senior Director of Economic Development, explained the procedure that would be used.
Ms. Katrinka Van Deventer, Metro Orlando Film and Television Office, addressed the Board and explained that any County official that notices anything out of the ordinary, as far as filming, can report and actually tell production to cease, and this action would be followed up in writing.
Ms. Sue Whittle, County Manager, explained that Section 10-3 Definitions covers the meanings respectively assigned to the County Manager.
Commr. Swartz questioned whether the County was assuming some liability, because he thought the suspension of the activities would be more related to a situation where they had gone beyond what was anticipated in their permit.
Mr. Minkoff explained that the ordinance was intended to have only one permit, and the actual decision to permit, or not to permit, would not have liability proved to the County. He further explained that the permitting issue would not incur liability to the County, and the failure to enforce the permit would not incur liability to the County.
Commr. Swartz stated that the ordinance provides very good frame work for various production studios, or others to come in and provide some economic benefit to Lake County while they did their production. As you look at their scope of activities, they are not being relieved of other County ordinances and codes, but they are being given a one stop permit that would be consistent with the other codes. Commr. Swartz felt that it was placing a great deal of responsibility in Ms. Whittle and her staff in granting a single permit.
Commr. Hanson stated that she still had a problem with the political campaign videos, because she felt they should be exempted and not require a million dollar insurance.
Ms. Van Deventer addressed the issue, from the political campaign standpoint, and stated that it could be determined by the County Manager what would be considered as a news segment and/or news documentary.
Mr. Minkoff stated that, on Page 3, Line 9, he could include "political campaign domain".
Commr. Hanson felt that, instead of including such language, the County Manager could make the necessary determination.
Commr. Good opened the public hearing portion of the meeting and called for public comment. There being none, 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 Ordinance 1997-36, as read by title only.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Good stated that this was a period for questions and comments from the public concerning items not on the agenda.
Mr. Rodney Lyons stated that he would like to speak on Tab 35 regarding the issue of Lyons v. Lake County.
Commr. Swartz explained that the Citizen and Question Comment Period was placed on the agenda some time ago, in order to provide an opportunity for citizens to bring to the Board's attention items that were not on the agenda. It was never intended to be a place for people to discuss items that were on the agenda, other than those areas that were a part of the public hearing process. Commr. Swartz was not sure that it would be appropriate for Mr. Lyons to speak on Tab 35, as he was concerned that it may be some legal issue involving the County and Mr. Lyons, or his family. He noted that the Board had been advised not to discuss such issues with the individuals who were involved in this particular suit.
Commr. Cadwell stated that, if Mr. Lyons wanted to speak on the Board's ability to have closed sessions, this could be done under Tab 35, as long as the discussion was not about a particular case.
Mr. Lyons explained that he was aware of Florida Statute 286, and he was not asking for any comments on anything from the Board, and he was only asking to speak at a public meeting just to make the Board aware of what was going on.
Commr. Swartz questioned whether Mr. Lyons' comments would be related to the lawsuit, because he felt that this was a situation where the Board could not discuss these types of legal matters.
Mr. Lyons indicated that his comments would be related to his lawsuit.
Mr. Sandy Minkoff, County Attorney, explained that the Lyons have made several requests to speak to County employees, and for the most part, the employees were following his advise not to talk to people that are in litigation with the County without the County's attorney being present. He further explained that, when Mr. Lyons is there without his attorney, he can not be present under the Rules of Ethics, so the employees have not spoken with him. Mr. Minkoff stated that his advise to the Board would be the same that, when a legal proceeding is pending, they speak to the other side only with the lawyers present, although the Board can certainly choose to do otherwise. Mr. Minkoff explained that it was his ethical rule that stops him from talking with Mr. Lyons when his attorney is not present. It was not an ethical rule of the Board, but it was a legal ethical rule.
Mr. Lyons questioned whether the Board was denying him the right to speak at this public meeting.
Mr. Minkoff stated that the interpretation of Florida Statute 286 does not allow anyone to have a right to come speak in front of the Board members. There are certain times when the Board is adopting ordinances where they are required to allow the public to comment, but generally the law does not require the Board to allow people to come and make comments, if the Board did not wish to allow them to do so.
Mr. Lyons disagreed with the interpretation of the law and stated that the Supreme Court has ruled that it is your inalienable right to speak at a public meeting and that was all he was asking to do. He was not asking the Board to discuss the case with him and only wanted the Board to be made aware of what was going on and to not to be mislead in this matter.
Commr. Swartz stated that generally it has been the Board's policy not to enter into discussions with parties that were involved in some type of legal action with the County, and that was clearly the situation at this time.
Mr. Lyons stated that he, nor his attorney, was notified that his case was going to be discussed today, and he found out about the agenda item when he requested a copy of the agenda.
Mr. Minkoff noted that the only item on the agenda was his request to have a closed session, and there was no intent to discuss the specifics of the Lyons v. Lake County case today. This was not a court hearing, and the County was not obligated to give them notice of the meetings, or agendas, other than the public notice, which had been provided.
Mr. Mark Hasty appeared before the Board and stated that he was not present to address an item on the agenda, but it was brought to the Board, in the last situation, the openness to be able to bring situations of some of the higher staff problems to the Board. Mr. Hasty understood that the Board had an attorney, but when he tends to act outside the realm or scope of his authority, then that becomes a problem. He stated that he was not going to address Mr. Minkoff's legal ethical issues, and he was not suing the County, but his objection has been with the County Attorney representing somebody that went against County policy. Mr. Hasty noted that he had left a letter with the Board regarding this issue, because he felt it was his duty to notify the Board of what was going on, because it was not true what they were being told by the County Attorney.
Mr. Minkoff addressed the third paragraph of Mr. Hasty's letter, which stated "please notice that several of the County Commissioners have expressed to me that they do not want the County Attorney involved in this action." He noted that the action being discussed was Hasty v. Jim Watkins. The letter continued to say that, "Since neither you nor the Court of Appeals wishes to sanction Mr. Minkoff, I will be filing formal charges with the Florida Bar." Mr. Minkoff stated that, if the Board will recall, he brought this issue in front of the Board and asked if there was any objection, and the Board unanimously authorized him to represent Mr. Watkins, because it was a previous Board action that was actually being contested. He noted that the County Code authorizes the County Attorney's Office to do legal work for all of the constitutional officers upon their request. Mr. Minkoff stated that the last action in the case was an appeal made by Mr. Hasty at the Fifth District Court of Appeal, and the appeal was denied. Within the last two weeks, Mr. Hasty has filed an appeal to the Supreme Court, and the case at the trial level has not proceeded, because of the pending appeal.
Commr. Gerber had assumed that the County was through with this issue, and she was not aware that the County Attorney's Office was still working on it.
Mr. Minkoff explained that, as long as Mr. Hasty continued to appeal the original decision, he could not estimate how long this would continue, but he did not believe that, once the case goes to the trial court, it would take a long time, because the facts were not being disputed in the case.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
PERSONNEL/CLERK OF COURTS/COMMUNITY SERVICES
Mr. Fletcher Smith, Senior Director of the Department of Community Services, addressed the Board to discuss the request for approval to hire a Records Management Technician on a temporary basis until September 30, 1997 to assist with the updating of our records management data base and prepping of Board of County Commissioner (BCC) standard size documents, and acceptance of the Clerk of Court's offer to microfilm BCC standard size documents.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request as stated above.
ROAD VACATIONS - PERMISSION TO ADVERTISE
PETITION NO. 842 - JOE B. TRAMELL - DEER ISLAND PLAT
It was noted that Tab 15 regarding the request to approve to advertise Road Vacation Petition No. 842 had been pulled for discussion.
Mr. Don Griffey, Engineering Director, addressed the Board and stated that it was his understanding that the public interest in the roads, rights-of-way, and easements on properties in Deer Island would be vacated. He stated that there was a representative from Deer Island present who could answer questions of the Board.
Mr. Sandy Minkoff, County Attorney, explained that there was a replat that was coming to the Board, and both of these items would be scheduled for the same day.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request to advertise Road Vacation Petition No. 842 by Joe B. Tramell to vacate Deer Island Plat, Sec. 36, Twp. 19, Rge. 26; Sec. 31, Twp. 19, Rge. 27; Sec. 1, Twp. 20, Rge. 26; Sec. 6, Twp. 20, Rge. 27, Mount Dora area - Commissioner District 3.
RESOLUTIONS/SIGNS/ROADS-COUNTY & STATE
It was noted that Tab 18 regarding the request for approval and execution of Resolution authorizing the posting of "No Parking on Right-of-Way" signs on Old 441 had been pulled for discussion.
Mr. Don Griffey, Engineering Director, addressed the Board and explained that the request involved the area of Old 441 across from Belew's Welding, which was utilizing the portions of the right-of-way for parking. There were complaints from one of the neighbors, and staff found there was parking on the right-of-way.
Commr. Swartz stated that it was his understanding that this had been reviewed, and he was involved, because there were some code complaints, and the fact was they were parking in the railroad right-of-way, and they had permission to do so. He questioned whether staff was now saying this was County road right-of-way.
Mr. Griffey stated that it was only the portion of the right-of-way itself, and the railroad right-of-way was an issue between the property owner and the railroad. He noted that the traffic sign shop superintendent, who has seen the site, was present.
Commr. Swartz stated that he would like to see more information given the nature of the issue, and to be able see where the County right-of-way was located, and the railroad right-of-way, and where parking would be allowed.
Mr. Griffey stated that staff could prepare the right-of-way maps and bring back an aerial that would show exactly the portion that was being discussed, and the limits of where parking would be prohibited, as opposed to the railroad right-of-way that was available.
Ms. Sue Whittle, County Manager, stated that this item could be rescheduled for the first meeting in June.
COUNTY PERSONNEL/FIRE AND EMERGENCY SERVICES
Mr. Craig Haun, Senior Director, Fire and Emergency Services, addressed the Board to discuss the Training Program for Fire Service personnel. Chief Haun explained that this department had a contract with the Vocational-Technical Center where classes would be provided in exchange for services that the department would provide for them. The contract was canceled, because of such things as paper work and clerical items that needed to be addressed. The program being presented today would provide the training to the volunteers and career staff out in the field. Chief Haun stated that there were three main points with this program. It will give the department a tremendous improvement in its ability to provide training particularly to the volunteers in their locations; there would be no minimum enrollments with the classes; and the department will be able to provide classes back to the volunteers on short notice rather than having to wait to get into a school schedule. He stated that the department currently has career employees as well as volunteers on the staff who are certified as instructors and capable of instructing his people, but there is no mechanism to allow the department to use these people as instructors rather than as the employees for the job that they were hired to do. This program would allow the department to take those people and actually hire them as adjunct instructors at instructor wages. There is also a mechanism in this program to allow the department to provide these classes to other departments and agencies.
Commr. Swartz made a motion to approve the Training Program for Fire Service personnel, as requested by Chief Haun, and Commr. Gerber seconded the motion.
Under discussion, Commr. Cadwell questioned whether the salaried employees would be paid extra to teach the classes.
Chief Haun explained that the employees would be paid extra, because this would not be a part of their normal job, and they would be taken out of their position as a Vo-Tech instructor and be brought into this program at an hourly rate to teach classes.
Mr. Sandy Minkoff, County Attorney, explained that the procedure was being done very carefully, in order to comply with the Fair Labor Standards Act.
Chief Haun noted that it was the easiest and least expensive way to provide the training for staff.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Chief Haun gave a very brief description of a fire fighting activity that occurred yesterday in Mount Dora, as requested by Commr. Swartz.
Commr. Swartz noted that the department has limitations, and it appeared that, given the limitations of staffing and equipment, staff did an outstanding job and deserved praise.
CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board to discuss the Settlement Agreement between International Tournament Skiing, Inc. and Lake County relating to Lake Sarah Estates Planned Unit Development. Ms. Farrell explained that this involved a PUD that was approved in 1986; there was an amendment in 1988, which added four units and five acres; the County adopted a Vested Rights Ordinance in 1996; and in January, 1997, the County denied the applicants vested rights. This particular PUD was in the rural land use, and it was approved at a density of one to one. Under the proposed settlement, staff was requesting that the 48 units be reduced to 26 units, an additional ten acres be added to the legal description which would allow under .4 units per acre, and that the Settlement Agreement be approved by the Board. Ms. Farrell explained that the owner has agreed to pay $3,000 to the Environmental Protection Fund within 90 days of the agreement, and staff has given them formal approval of the ski school that is currently under operation on the site. She noted that the applicants were told in January, 1997, they were not vested, and through the Land Use and Environmental Dispute Act, also known as the Special Master Process, the agreement was negotiated between the County and applicants.
Mr. Sandy Minkoff, County Attorney, explained that this was an old peat mine initially and significant excavation had been done, some of which was outside the boundaries of the PUD, which was one of the reasons there was the Code Enforcement fine. He explained that the ski school was operating; they had not done much in the way of the dwelling units legally; there was a dwelling unit that had not been properly permitted; and the applicants had presented evidence of significant expenditures on the excavation of the land.
Ms. Farrell stated that today there were approximately two to three structures designed for the ski school, and as stated by the County Attorney, most of the expenses were in relation to the preparation for the ski school.
Commr. Good requested that staff identify the infrastructure, Paragraph 8, Page 2, that would be built and installed by the owner within five years of the effective date of the agreement.
Ms. Farrell stated that the infrastructure would include the roads, the central water system and the septic tank. She stated that staff was very comfortable with the Settlement Agreement. Ms. Farrell reviewed a replacement sheet from one of the older zoning maps (1991 or 1992) which showed the mix of the area. The original PUD had 48 upland acres, and ten were being added, which would be 58.9 acres of uplands. Ms. Farrell stated that the applicant can cluster the town homes, and in this specific Ordinance, it requires 11 acres to be set aside as open space, which would be approximately 18 to 19 percent, because this was approved in 1987, and the Settlement Agreement is tied in with the original Ordinance. The only changes to the original Ordinance was language that was being presented in the Settlement Agreement. The amount of open space was not changed, but the number will change due to the additional ten acres.
Mr. Minkoff explained that, with 98 acres and 26 lots and the amount of wetlands and water bodies, the open space issue was not even addressed in the Special Master proceeding.
Discussion occurred regarding the building permits that were not pulled for the structures on the site, and the language in the Settlement Agreement that would not require the owner to pay the fees.
Mr. Minkoff explained that there was one house and one shed, and the $3,000 was negotiated in Paragraph 9, Page 2 of the Settlement Agreement, and it included the negotiation of the permitting fees.
Commr. Hanson stated that she did not have any problem with the Settlement Agreement, but she did believe that, through the County's vesting process and settlement agreements in general, the County was probably forcing developments, because of the time frames being established.
Commr. Gerber stated that she did not know how the applicant could avoid using the project as a commercial enterprise.
Commr. Swartz stated that, when these types of requests come to the Board, they come to the Board because there has been a vested rights determination made and it was to deny vesting. In this instance, it was providing for 26 dwelling units on 58 acres, which was inconsistent with the County Comprehensive Plan, because the County would not allow someone to come in and develop with that density today in this area.
Mr. Minkoff explained that it would not be a significant increase, because even at the one to five in the rural, they would get some credit for the wetlands, and staff was balancing the 49 units versus the 26 including the extra ten acres. He stated that the County has its determination, which ultimately could go to court, and if the County lost, it would get 50 dwellings on ten less acres, and if it won, it would get 18 dwellings.
Commr. Swartz stated that, after talking with Ms. Sue Whittle, County Manager, he would like to ask that, in the future when these requests come to the Board, the things that the Board was asking questions about today would be provided as backup, and that more pertinent information be provided. He stressed the point that you cannot transfer off of lakes.
Mr. Minkoff stated that the 49 versus 14 or 15 units was at risk in litigation and staff had avoided litigation by compromising with the applicants.
Commr. Swartz questioned whether the applicants would be allowed to count, as part of their 11 acres, dredged peat mine that was now lake, because that was not natural water bodies.
Ms. Farrell stated that the issue presented by Commr. Swartz was not considered during the Special Masters, and that determination would have to be made here today.
Mr. Minkoff stated that, if the Board would like, staff could continue this matter and bring back a complete presentation of what was approved and changed and aerial photographs that would show some of the thinking that went on through the process. He noted that, if the agreement was turned down by the Board, the County would go through non-binding arbitration where a hearing would be held in front of the Special Master, who would make recommendations, which would come back in front of this Board. At that point, if the Board chose to turn down the recommendations, the County would be in litigation.
Ms. Farrell noted that staff based its recommendation of approval of the agreement based on having all of the facts.
Commr. Swartz stated that he would like clarification of the open space, to be brought back with aerials, so that the Board can determine what the effect may be. He stated that he would like to see some clarification of staff's indication that the applicants could cluster. Their ability to cluster on less of the land, regardless of the number of units that would be allowed, would make him more inclined to approve the request.
After further discussion of whether the Board would want to approve the request with specific changes to the agreement today, Commr. Good stated that, because it was in his district, he would like to see the request come back to the Board with aerial maps.
It was noted that the issue would be brought back to the Board at next Tuesday's meeting.
Commr. Hanson questioned whether the lot of record variance ordinance was coming to the Board today for approval to advertise.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that there was an ordinance that had been drafted that would provide the relief for all of those people waiting for the lot of record. She stated that there were some changes to Lot of Record, Chapter 3, that would have to compliment the variance language, and this issue would be brought forward to the Board next Tuesday.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENT/PUBLIC WORKS
Mr. Don Griffey, Engineering Director, addressed the Board to discuss the Fifth Amendment to the Interlocal Agreement between Lake County and the City of Leesburg relating to the Provision of Funds from the County Transportation Trust Fund for improvements at the Leesburg Municipal Airport. The request would reallocate monies that were identified for a fuel farm and utilize them for electrical and lighting improvements and would be part of a fund match between the City, the County, and the Department of Transportation (DOT). It would be an 80-20 split between DOT and the local funds. Mr. Griffey noted that the original request was $18,000, because the agenda item had been prepared well in advance of the meeting, and staff has subsequently found that the DOT monies were less than what had been projected, so the amount would be $25,000, which was the same amount that was originally budgeted for the fuel farm to be put toward the improvements.
Mr. Tony Otte, City Manager, City of Leesburg, explained that the original grant was $144,000, and it was leveraged to $212,000. Mr. Otte explained that this would be a very extensive electrical job, the lighting has been needed for a long time for the runways, and the City would actually be allocating $28,000.
Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve the Fifth Amendment to the Interlocal Agreement between Lake County and the City of Leesburg relating to the Provision of Funds from the County Transportation Trust Fund for improvements at the Leesburg Municipal Airport, in the amount of $25,000.
Under discussion, Commr. Swartz stated that a few months ago he had received a call from a citizen who lives in the unincorporated area and under the instrument approach for the Leesburg Airport. Commr. Swartz stated that Mr. Otte and staff responded to his call very quickly with some information that he was able to pass on to the gentleman.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Mr. Otte noted that the City of Leesburg sees the Leesburg Airport as a real economic development tool, as well as a transportation resource, and he thanked the Board for being a partner with the City.
Commr. Swartz stated that perhaps Mr. Griffey could get from the City of Leesburg, to pass on to the Board as a for your information item, some comparison of the type and numbers of aircraft that are using the airport today.
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
Mr. Don Griffey, Director of Engineering, was present to discuss the request to approve the execution of the First Amendment providing an additional 100 days to the Agreement between Lake County and Peregrine Properties, Inc., relating to the Merry Road North Extension.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request, as stated above.
Ms. Sandy Minkoff, County Attorney, reported that Mr. Jim Stivender, Senior Director of Public Works, has been working with the cities of Eustis and Tavares, as well as all of the private property owners in that area, and that part of the agreement involved Peregrine Properties giving a right-of-way from the new Merry Road to Mount Homer. He noted that staff has been working to try and get a road network through the entire area.
ROAD VACATION - PERMISSION TO ADVERTISE
PETITION NO. 845 - ALAN & JOYCE CULVER - MT. PLYMOUTH
Mr. Don Griffey, Director of Engineering, addressed the Board to discuss the request to advertise Road Vacation Petition No. 845 by Alan and Joyce Culver to vacate road, Mt. Plymouth. Mr. Griffey stated that staff was recommending denial of the vacation, as well as denial of the advertising of the request.
Commr. Hanson stated that, without getting into all of the issues, she would like the Board to advertise the request to give the Board the opportunity for the public hearing.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve the request to advertise Road Vacation Petition No. 845.
Under discussion, Commr. Cadwell questioned whether there were any issues that would keep the Board from hearing the request.
Mr. Griffey stated that staff had not wanted to take the time to process the issue, if the Board was not inclined to pursue it.
The Chairman called for a vote on the motion, which was carried by a 4-0 vote. Commr. Swartz was not present for the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of a Resolution appointing Dr. Edward Schlein to replace David Connelly on the Tourist Development Council as a representative of the elected official category.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PARKS AND RECREATION
Mr. Chuck Pula, Special Services/Parks & Recreation Coordinator, was present to discuss the appointment of five individuals to vacancies on the Lake County Parks and Recreation Advisory Board for two year terms beginning May 21, 1997.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the reappointment of Barbara Wilson Smith, to the Lake County Parks and Recreation Advisory Board, District 4.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the reappointment of Margo Messina to the Lake County Parks and Recreation Advisory Board, District 5.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the reappointment of Stephen M. Day to the Lake County Parks and Recreation Advisory Board, District 1.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Basha R. Schlazer to the Lake County Parks and Recreation Advisory Board, District 2.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the reappointment of Debbie Stivender to the Lake County Parks and Recreation Advisory Board, District 3.
REPORTS - COUNTY ATTORNEY
MEETINGS/SUITS AFFECTING THE COUNTY
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to schedule a Closed Session on Tuesday, June 3, 1997, to discuss the following pending claims: Todd v. Lake County; Lyons v. Lake County.
REPORTS - COMMISSIONER SWARTZ - DISTRICT #3
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to remove Ms. Mary Bergeson as a representative at-large member of the Fire Rescue Advisory Board due to her attendance record.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-81 requesting that the Public Service Commission approve Extended Area Service for the Paisley/Pine Lakes area to telephone exchanges in the Deland area.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-82 requesting that the Public Service Commission approve Extended Area Service for the Mount Dora/Sorrento area to telephone exchanges in the Sanford area.
REPORTS - COMMISSIONER GOOD - CHAIRMAN AND DISTRICT #2
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the appointment of Commissioner Welton G. Cadwell as the Commission representative to Lake County Schools' Extended Day Enrichment Program.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-79 commending the Boys & Girls Club of Lake & Sumter Counties, Inc. and declaring May 22, 1997 as Boys & Girls Club Community Appreciation and Youth Awards Day.
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 Resolution 1997-83 proclaiming May 19-26, 1997 as Buckle Up America! Week.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1997-84 declaring the month of June as Safety Month in Lake County.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved for the Chairman to write a letter to the Director, Division of Historical Resources, in support of the City of Eustis' application for a Historic Preservation grant for restoration of the Ferran Park sea wall.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Proclamation 1997-80 declaring May 19, 1997 as Law Day.
PUBLIC WORKS/RESOLUTIONS/ROADS-COUNTY & STATE
Commr. Hanson stated that the Board had approved a couple of months ago a Resolution looking at reducing the speed limits on SR 46 in the Mount Plymouth/Sorrento area, and also one in the Pine Lakes area, and they have not come back before the Board. She requested that staff investigate the status of the request.
REPORTS - COUNTY MANAGER
Commr. Good noted that several of the Board members were planning on attending a meeting tonight in Leesburg regarding juvenile justice needs. It was noted that the meeting had been called by Senator Anna Cowin. He questioned the position that the Board wanted to present, in regards to the preliminary discussion on the future needs of Lake County.
Discussion occurred regarding the Board's position on the issue, with it being determined that the Board did not have one at this time, because the Commissioners had not received all of the facts; the information that had been presented up until this time appeared to be biased in some way or other; and there appeared to be no unified plan.
Commr. Swartz understood, from Senator Anna Cowin's letter, she was putting together this meeting in order to let all of the various agencies provide input. He felt that one of the problems that has existed throughout the whole process has been very little discussion with the County Commission.
Ms. Sue Whittle, County Manager, stated that every year the Board schedules a fiscal priorities Advance Meeting.
After some discussion of available days, it was noted that the Advance Meeting date would be announced at the end of the meeting.
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the meeting would recess and reconvene at 2 p.m.
WORKSHOP - TOURIST DEVELOPMENT COUNCIL'S FIVE-YEAR PLAN FOR
TOURISM IN LAKE COUNTY
Mr. Dave Warren, Tourist Development Director, addressed the Board and stated that the Tourist Development Council (TDC) would like to present the five year plan for tourism. He informed the Board that the following individuals were present: Mr. Joe Bouch, Cramer-Krasselt Advertising Agency, Ms. Jackie MacKay, Cramer-Krasselt Advertising Agency, Ms. Karen Holloran, Cramer-Krasselt Advertising Agency, Evelyn and Bernard Fine, Mid-Florida Marketing & Research, and Mr. Brent Nelson, Lake County Representative for the Orlando Area Sports Commission.
Mr. Bouch presented detailed information and discussion on the following topics, which were contained in the 5 Year Strategic Plan:
Efforts helped determine recommended direction for Lake County as it relates to the destinations:
Overall "Umbrella" Marketing Direction
Overall Industry Trends/Assessment
Overall Leisure Market
Business Traveler Market
1995/96 Lake County Marketing Plan
1996/97 Approved Lake County Marketing Plan
Market Segmentation Overview
Situation Analysis Conclusions/Implications/Opportunities
Ms. Evelyn Fine, Mid-Florida Marketing & Research, informed the Board that she has conducted a good deal of market research for Lake County's tourist effort including occupancy and average daily rate collection, as well as visitor profiles by tracking revenue, sales tax, jobs, payroll, and intangible benefits.
Mr. Bouch, as well as Ms. Jackie MacKay, Public Relations,
continued the presentation by providing detailed information and discussion on the following topics contained in Plan:
5-Year Marketing Objectives
Strategic Marketing Plans (1997/1998 - 2001/2002)
Commr. Hanson stated that it has been a couple of years since the TDC first said it wanted a five year plan, in order to know that the dollars being spent were being spent in the best manner possible. She stated that, at the previous presentation of the plan, there was a recommendation of having a trade show, or a summit, bringing together all of those folks in the County that are already involved in the tourism industry.
Mr. Bouch noted that he was looking into building the recommendation into the plan as part of the first year program.
Mr. Warren stated that this was only a workshop today, and he would be coming back with a recommendation. He stated that he would like to add the plan to the tourism section of the Comprehensive Plan, but it would come back to the Board for action. He acknowledged the efforts made by John McGowan, Andy Hanson, and Jack Sargent to develop the plan.
LAWS & LEGISLATION
Commr. Good informed the Board that he had a received Legislative Alert from the Florida Association of Counties regarding Article V House Bill.
Commr. Good informed the Board that he had received a letter from the Lake County Citizens' Commission for Children asking for support for the SED program to remain with a Lake County provider.
LAWS & LEGISLATION/EDUCATION
Commr. Good informed the Board of the letter he wrote to Governor Lawton Chiles regarding House Bill 2121 Educational Facilities & Funding addressing a question of school concurrency.
Ms. Sue Whittle, County Manager, noted that the Advance Meeting would be held on June 16, 1997, 9 a.m., at the Lake County Boys Ranch.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:55 p.m.
WILLIAM "BILL" H. GOOD, CHAIRMAN
JAMES C. WATKINS, CLERK
The Lake County Board of County Commissioners met in special session on Tuesday, March 20, 1997, at 6:00 p.m., at the City Hall, City of Leesburg. Commissioners present at the meeting were: William "Bill" H. Good, Chairman; G. Richard Swartz, Vice Chairman; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Valerie Fuchs, Assistant County Attorney; Sue B. Whittle, County Manager; Alvin Jackson, Deputy County Manager; and Fletcher Smith, Senior Director, Community Services; and Toni M. Riggs, Deputy Clerk.
SUMMIT ON FUTURE OF LAKE COUNTY JUVENILE JUSTICE NEEDS
Introduction and Opening Remarks
Senator Anna Cowin opened the meeting and welcomed those present, which included Sheriff George E. Knupp, Jr.; Dr. Jerry Smith, Superintendent of Schools; Representative Stan Bainter; Tom Chapman, Chairman of the School Board; Mary Fletcher, School Board Member; Kyleen Fisher, School Board Member; Donna Miller, County Judge, Fifth Judicial Circuit; T. Michael Johnson, Circuit Judge, Fifth Judicial Circuit; several Police Chiefs; Sandra Green, former School Board Member; and Tom Manning, Lake County Boys Ranch.
Senator Cowin explained that the summit meeting was scheduled in order to bring everyone together to look at funding assistance and alternatives for juvenile control. She stated that all of the options for control should probably be considered first, because there may be a need for more studies, as determined from the open discussion.
Overview of Juvenile Justice in Florida - Types of Facilities
Ms. Debbie Beville-Rehder, Juvenile Justice Manager for District 13, presented an overview of Juvenile Justice in Florida, as well as explained the different types of facilities, which included juvenile assessment centers and detention centers. Ms. Beville-Rehder stated that the Department of Juvenile Justice (DJJ) was the State's newest criminal justice agency and was created by the Juvenile Justice Act of 1994. The law transferred responsibility and oversight of juvenile justice services from the Department of Health and Rehabilitative Services to the new department on October 1, 1994. Ms. Beville-Rehder reviewed the Vision and Mission statements for the Department of Juvenile Justice (DJJ), and presented an indepth explanation of the alternatives used to divert juveniles from the normal juvenile justice process, and the process used to determine the need to detain a juvenile in a detention center.
District 13 Facilities and Specifics on Services for Lake County Juveniles
Ms. Dixie Fosler, Superintendent of Marion Regional Detention Center, explained that the Marion Regional Juvenile Detention Center serves Citrus, Hernando, Lake, Marion, and Sumter Counties. The Detention Center was built in 1982 as a 48 bed secure detention facility. In 1995, the Legislature allocated additional funds to expand the various Centers. In January, 1996, the construction began on the 20 bed expansion at the Marion Regional Juvenile Detention Center. Ms. Fosler explained that the average cost of transporting a juvenile from Lake County to the Marion Regional Juvenile Detention Center was $78. It was noted that the Annual Report FY 95-96 for District 13, Marion Regional Juvenile Detention Center, had been provided for review.
Juvenile Assessment Centers from a Private Agency's Prospective
Mr. Barney Bishop, Human Services Associates, Inc., explained that enough time had been saved processing juveniles at the Assessment Center in Orlando that 14 officers were able to go back out on the streets. At the Assessment Center, juveniles are kept no longer that six hours for assessment, with approximately 55 to 70 percent being diverted. Therefore, most of the money is being spent on the "deep end" kids. Mr. Bishop noted that Lake County is providing the next to the largest number of juveniles to the Assessment Center, with Marion County providing the largest number. Mr. Bishop provided a five minute video tape of the Orlando Juvenile Assessment Center, which was produced by the Orange County Corrections Department.
Ms. Vickie Tanaka, Human Services Associates, Inc., explained that this was the first year anniversary for the Marion Regional Juvenile Detention Center. She explained that it cost approximately $37,000 annually to transport youth from Lake County to Marion County. Information was provided, which noted the types of arrests made in Lake County, 54% felony, 30% misdemeanor, and 16% custody order; the arrests made by race, 46% white males, 28% black males, 15% white females, 8% black females, 2% other males, and 1% other females; and the drug testing results, 60% drug-free, 30% marijuana, 7% cocaine, and 3% morphine. The information also noted that detention screening results of Lake County youth, 53% receiving secure detention, 37% being released, and 10% receiving home detention. Ms. Tanaka stated that the annual budget for the Ocala facility was under $500,000 for a 24 hour operation. She discussed the possibility of combining the money received from the Legislature for all five counties, and the possibility of the counties passing a three dollar fine assessment fee for both adults and juveniles who were found guilty through the court system.
Mr. Bishop explained that it would cost approximately $250,000 to $300,000 a year to run a 12 hour assessment center in Lake County.
Commr. Good explained that, after reviewing the statistics presented, it would be more logical to approach the front end of the juvenile issue and stop the arrest and behavorial problems, so that there would be less need for assessment and detention centers.
Group Discussion to Identify Problem and Options for a
Senator Cowin asked that those present be divided into four groups to discuss identifying the juvenile problems and develop alternatives for solving the problems.
After the groups spent some time discussing the juvenile issue, it was detemined that alternative solutions that could be reviewed would include things as a change in truancy and the point system; establishing more productive activities for youth such as apprenticeships and making the school hours consistent with working hours; alternative schools; short term facilities, perhaps ten-bed, three to five day facilities, with the possibility of utilizing Prelude; and a three dollar assessment on fines for adults and juveniles found guilty of a crime.
Commr. Swartz stressed that the County had already paid over $2 million in Article V costs since 1995, and the County needed to look today within its own system and make the most of the funds that were currently available, because you could not afford to put an assessment center and a detention center in every County.
Commr. Gerber stressed that the problem was putting the youth back on the streets too fast, which indicated a need for changing the point system, because the problem would remain the same no matter where the assessment centers and detention centers were located. She noted that truancy was a problem, and alternative schools needed to be considered, which could possibly be part of the truancy system.
Senator Cowin noted that it appeared that the consensus of the group would be to pursue an assessment center, or a second chance school, and ways to approach truancy and the point system. She stated that she would like to send a letter to all participating agencies, in order to form a committe or task force to review the results of the summit. The letter would outline the results of the meeting tonight.
Representative Bainter explained that there was already a Juvenile Justice Committee in Tallahassee, and he did not see the need to start a new committee. He stated that there was a need to stop the problem at the front end and get the children out of the environment where the problems were orginating. He invited Sheriff Knupp, once again, to speak before the Juvenile Justice Committee at the State level, and he stated that he would continue to work closely with all of the associations.
Sheriff Knupp accepted the invitation presented by Representative Bainter and stressed the need for alternative schools where the youth can develop some type of skills.
Ms. Sandra Green, former School Board member, stated that, in defense of the juvenile justice system in Lake county, and the fact that the workers carry a case load of 50 to 60 kids, a good start would be to appropriate more money to this area of the system.
Senator Cowin stated that she would forward the suggestions made tonight to the Juvenile Justice Committee, and hopefully they would be able to develop a plan.
Father Randolph stated that he would be glad to serve as the facilitator for the group, and he would like to ask every agency to send a representative to meet with him.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:56 p.m.
WILLIAM "BILL" H. GOOD, CHAIRMAN
JAMES C. WATKINS, CLERK