The Lake County Board of County Commissioners met in regular session on Tuesday, June 3, 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; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
At this time, Commr. Cadwell introduced Ms. Lauren Ritchie who was present doing her internship for Leadership Lake County.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 had been added to the agenda. She requested that discussion on a recommendation that Lake County place a hold on all tower siting requests for 120 days to provide the Board of County Commissioners, staff, and the industry additional time to address this timely issue be added to the agenda under Reports.
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 discussion on a recommendation that Lake County place a hold on all tower siting requests for 120 days to provide the Board of County Commissioners, staff and the industry additional time to address this timely issue.
Mr. Sandy Minkoff, County Attorney, requested that a request from the Daily Commercial for permission to advertise a meeting scheduled on June 9, 1997 pertaining to the Holiday Lighting Festival be added to the agenda.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda a request from the Daily Commercial for permission to advertise a meeting scheduled on June 9, 1997 pertaining to the Holiday Lighting Festival.
Commr. Good requested that a resolution expressing support of creating a "Local Sources First" task force be placed on the agenda.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda a resolution expressing support of creating a "Local Sources First" task force.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Budget Transfers/Resolutions
Budget Adjustments for FY 96/97
A. Transfers:
1. Fund: General Fund
Department: Community Services
From: Contingency $ 9,021
To: Professional Services $ 9,021
Transfer #: 97-200
Justification: Transfer to fund the joint project with Marion and Sumter Counties for preliminary work done on renovating the existing morgue.
2. Fund: General Fund
Department: Legislative
From: Contingency $14,500
To: Travel $11,000
Books, Publications, Dues $ 3,500
Transfer #: 97-202
Justification: Transfer needed for Commissioners' expenses relating to travel and registration for the remainder of the year while attending conferences on behalf of Lake County.
3. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency $1,824
To: Transfer/Sheriff $1,824
Transfer #: 97-203
Justification: The Sheriff's budget needs to be amended to reflect the actual salary of the Sheriff as provided by the State of Florida.
4. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency - Sheriff $10,000
To: Transfer/Law Operating $10,000
Transfer #: 97-204
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting $10,000 be transferred to Law Operating.
5. Fund: General Fund
Department: Community Services
From: Contingency $11,956
To: Local Law Enforcement $11,956
Transfer #: 97-209
Justification: At the November 26, 1996 regular Board of County Commission meeting the Board agreed to fund the cash match for the Local Law Enforcement Block Grant program.
B. Resolutions:
1. Fund: Central Industrial Park
Department: Facilities and Capital Improvements
Revenue: Land Sales $489,700
Expenditure: Other Costs $ 7,000
Construction in Progress $482,700
Amendment #: 97-205
Justification: Resolution No. 1997-104 to receiveunanticipated revenue from the sale of property at the Central Industrial Park.
2. Fund: General Fund
Department: Non Departmental
Revenue: Sponsorships/Donations $20,000
Expenditure: General Support $ 6,000
Contingency $14,000
Amendment #: 97-206
Justification: Resolution No. 1997-106 to receiveunanticipated revenue from sponsorships/donations to the Lake County Tomorrow Visioning Process.
3. Fund: General
Department: Community Services
Revenue: Local Law Enforcement Grant $107,603
Expenditure: Aid To Government Agencies $107,603
Amendment #: 97-210
Justification: Resolution No. 1997-107 to receive unanticipated revenue from the U.S. Department of Justice for the purpose of underwriting projects to reduce crime and improve public safety.
Contractor Bonds
Request for approval of Contractor Bonds, as follows:
New
958-97 Paramount Plumbing, Inc.
4772-97 David Harvey Electric Co., Inc.
4843-97 David Phelps, Jr.
5350-97 James Walton Ward dba Southeast Roofing, Inc.
5544-97 Farmer Electric Co., Inc.
5545-97 David Harper dba Harper Electric
5546-97 Bryan H. Starling dba Starling Electric Company
5547-97 Gary R. Nichols/Nichols Masonry, Inc.
Contracts, Leases & Agreements/County Property/Fairgrounds
Request for approval of contract with George Gideon Auctioneers, Inc. for the annual auction of surplus government property, to be held June 21, 1997, at the Lake County Fairgrounds; subject to final review and approval by the County Attorney.
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
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending April 30, 1997. Disbursements made to Board: $175,507.79. Same period last year: $153,868.58.
Reports/Audits
Request to acknowledge receipt of Audited Financial Statements of Greater Orlando Area Legal Services, Inc. for the fiscal year ending December 31, 1996.
Municipalities/Ordinances
Request to acknowledge receipt of City of Leesburg Ordinance No. 97-15 annexing certain property owned by Charles B.P. Sellar, said property consisting of approximately 5.81 acres and being generally located at the northwest corner of the intersection of Tavares Avenue and U.S. Highway 441, north of the Municipal Airport, which is contiguous to the city limits of the City of Leesburg, Florida. Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida on April 28, 1997.
Municipalities/Ordinances
Request to acknowledge receipt of City of Leesburg Ordinance No. 97-18 annexing certain property owned by Robert V. Millikan, said property consisting of approximately one acre and being generally located south of U.S. Highway 441 and west of Michigan Avenue, which is contiguous to the city limits of the City of Leesburg, Florida. Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida on May 12, 1997.
Municipalities/Ordinances
Request to acknowledge receipt of City of Fruitland Park Ordinance No. 97-004 annexing property to the City of Fruitland Park, Florida; providing for the annexation of property generally located east of the intersection of new U.S. Highway 441 and Lake Ella Road, Fruitland Park, Florida, and generally known as the Beville property. Passed and ordained by the City Commission of the City of Fruitland Park, Florida on May 8, 1997.
State Agencies
Request to acknowledge receipt of Notice of Commission Hearing Before the Florida Public Service Commission, Docket No. 960217-TI, Initiation of Show Cause Proceedings Against Telecuba, Inc. for Violation of Rule 25-24.470, F.A.C., Certificate of Public Convenience and Necessity Required, to be held Wednesday, May 28, 1997, 9:30 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
Request to acknowledge receipt of Notice of Cancellation of Commission Hearing and Prehearing Before the Florida Public Service Commission to Telecuba, Inc., Docket No. 960217-TI, Initiation of Show Cause Proceedings Against Telecuba, Inc. for Violation of Rule 25-24.470, F.A.C., Certificate of Public Convenience and Necessity Required, which was scheduled for Monday, May 12, 1997.
State Agencies/Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In re: Application for rate increase and for increase in service availability charges in Lake County by Lake Utility Services, Inc., Docket No. 960444-WU, Notice of Proposed Agency Action Order Approving, In Part, and Deny, In Part, Increased Rates and Charges.
State Agencies/Communications
Request to acknowledge receipt of Notice from the Florida Public Service Commission in Re: Notice of Commission Hearing to All Parties and All Other Interested Persons, Docket No. 960216-TI, Initiation of Show Cause Proceedings Against World Access Communications Corporation for Violation of Rule 25-24, 4701, F.A.C., Provision of Regulated Communications Service to Uncertificated Resellers Prohibited, Issued: May 5, 1997, as follows: Notice is hereby given that the Florida Public Service Commission will hold a public hearing in the above-referenced docket. The hearing will be held at the following time and place: Tuesday, May 27, 1997, 9:30 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
Request to acknowledge receipt of Notice of Cancellation of Commission Hearing and Prehearing Before the Florida Public Service Commission, to World Access Communications Corporation and All Other Interested Persons, Docket No. 960216-TI, Initiation of Show Cause Proceedings Against World Access Communications Corporation for Violation of Rule 25-24.4701, F.A.C., Provision of Regulated Communications Service to Uncertificated Resellers Prohibited, which was scheduled for Tuesday, May 27, 1997.
State Agencies/Reports
Request to acknowledge receipt of St. Johns River Water Management District Annual Financial Audit and Annual Local Government Financial Report for FY 1995-96, year ended September 30, 1996; and the Report of Independent Auditors, prepared by Ernst & Young and accepted by the St. Johns River Water Management District Governing Board on March 12, 1997.
Municipalities/Resolutions
Request to acknowledge receipt of City of Clermont Resolution No. 950, as follows: A Resolution of the City Council of the City of Clermont, Lake County, Florida, Finding the Downtown Area to be a Blighted Area; Finding that the Rehabilitation, Conservation, or Redevelopment of the Downtown Area is Necessary in the Interest of Public Health, Safety, Morals, or Welfare of the Residents of the City; Finding that there is a need for a Community Redevelopment Agency to function in the City, and Creating the Agency, adopted at a regular meeting of the City Council of the City of Clermont, Florida, the 27th day of May, 1997.
Budgets/Municipalities
Request to acknowledge receipt of Country Club of Mount Dora Community Development District Proposed Budget Fiscal Year 1997-98.
MINUTE APPROVAL
Commr. Good noted that a corrected page 40 and page 42 had been distributed to the Board prior to the start of the meeting.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of April 22, 1997 (Regular Meeting), as presented.
Regarding the Minutes of May 6, 1997 (Regular Meeting), Commr. Hanson requested the following change:
Page 7, Paragraph 3 - delete "the investment for the on-going turnover of dollars through ad valorem; and insert to create new and increased ad valorem taxes.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of May 6, 1997 (Regular Meeting), as amended.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
County Policies/Libraries
Request for approval and execution of the revised Lake County Library System Confidentiality of Library Records Policy LCC-9.
Accounts Allowed/Grants/State Agencies
Request for approval and execution of the State of Florida Department of Community Affairs Anti-Drug Abuse Act grant funds for the Operation Redirect and Middle School DARE grants for Fiscal Year 1997-98.
Accounts Allowed/Economic Development
Request for approval of Job Growth Investment Trust Fund Monies to Agri-Starts IV, Inc. in an amount not to exceed $19,600.
Accounts Allowed/Economic Development
Request of Job Growth Investment Trust Fund Monies to Agri-Starts III, Inc., in an amount not to exceed $37,500.
Accounts Allowed/Economic Development
Request for approval of Job Growth Investment Trust Fund Monies to Agri-Starts Micros, Inc., in an amount not to exceed $9,100.
Accounts Allowed/Economic Development
Request for approval of Job Growth Investment Trust fund Monies to Kids Unlimited, Inc., dba Cyberplay, in an amount not to exceed $76,000.
Human Resources/County Employees
Request for approval of certificates for employees with one and three years of service.
Risk Management/Insurance
Request for approval and execution of State Farm Insurance Company Release (Property Damage Only) Form; subject to final review and approval by the County Attorney.
Bonds/County Officers
Request for approval of Bonds of County Officers in accordance with Florida Statutes 137.05.
Bonds - Mobile Home
Request for approval of cancellation of the following Mobile Home Bonds:
MB 96-005-4 Edward Glover
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-99, authorizing the posting of "NO PARKING ON RIGHT-OF-WAY" signs on Old 441 for a distance of 350 feet, more or less, for the southerly roadside beginning at a point approximately 250 feet east of its intersection with Lakeview Street (3-4357) in the Tavares area.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1997-100, authorizing the posting of a "NO PARKING ANYTIME" sign in the cul-de-sac on Denali Drive #2-0735 in the Clermont area.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Statutory Warranty Deed:
James L. Runyon and Geraldine Alice Runyon
Luana Drive
Chester A. Mayer and Arlene E. Mayer
Allen Road #1-6411
Drainage Easement Deed:
Carl S. Drummond and Phyllis Drummond
Blue Heron Way #5-6043
James C. Blanton and Delta M. Blanton
Blue Heron Way #5-6043
Trustee's Deed:
Huntington National Bank, as Guardian of the property of Dorothy B. Crooker Steves and Trustee of the Dorothy B. Crooker Steves Trust Agreement
Griffin View Drive #1-7212
Accounts Allowed/Bids/Budgets/Fire Protection
Facilities & Capital Improvements
Request for authorization for Fire Services to advertise and seek bids for a commercial 1250 GPM pumper on 4 X 4 chassis; permission to award to the lowest and best responsive and responsible bidder; and approval to encumber and expend funds in the amount of $180,000. Funding will be from Account #168.2136131.522.8600640.
Request for approval for Facilities and Capital Improvements to award bid #97-103, HVAC Systems for Health Clinics and Health Administration Building; and approval to encumber and expend budgeted funds in the amount of $39,300. Facilities and Capital Improvements and the Office of Purchasing recommend award to the lowest and best responsive and responsible bidder. Funding will be from Account #301.0857620.513.8600620.
Accounts Allowed/Assessments/Roads-County & State
Road Projects
Request for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for the following road assessments:
Alice Willsey $1,710.22
James R. Parks $1,117.83
Ronald Wayne Bateman $2,158.44
B.T. Jones $2,224.30
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
At this time, Commr. Good presented the following awards and plaques, as Ms. Gwen Benton, Personnel Officer, provided information on each individual:
EMPLOYEE AWARDS
Presentation of plaque to employee with five years of service
Maria Velazquez-Colen, Chemist I, Growth Management, Water Quality Services Division, Water Quality Services
Presentation of plaques to employees with ten years of service
Steven M. Lee, Equipment Operator III, Public Works, Roads Division, Road Maintenance, Maintenance Area III (Umatilla) (Not Present)
April Perrigo-Hoover, District Chief, Fire and Emergency Services, Fire/Rescue Division
Presentation of plaque to retiring employee -- 10 Years of Service
Leon D. Lefler, Fire Lieutenant/EMT, Fire and Emergency Services, Fire/Rescue Division (Not Present)
Presentation of plaque and bond to "Employee of the Quarter", 2nd Quarter
Ronald H. Jones, Reprographic Technician, Office of Purchasing, Reprographic Center
"PRIDE" CERTIFICATES
Office of Agricultural Education Service
Dot Heald - Lake County Cooperative Extension Service
Department of Community Services
Thomas R. "Tom" Osebold - Division of Veterans Service
Department of Growth Management
Earl Ronnie "Ron" Allen - Building Services Division
Wanda Williams - Code Enforcement (Not Present)
Department of Public Works
Walter Thompson - Special Services Division (Not Present)
Department of Solid Waste Management Services
Carol Boyle - Assessment Management Services Division
Dondre Collins (Not Present)
LAKE COUNTY BOARDS AND COMMITTEE AWARDS
PRESENTATION OF PLAQUES
John Matche for his service to Lake County as a member of the Lake County Board of Building Examiners from 1984-1997. (Not Present)
Jim Conner for his service to Lake County as a member of the Lake County Natural Resources Advisory Committee from 1991-1997. (Not Present)
Dennis L. Horton for his service to Lake County as a member of the Lake County Sports Committee from 1992-1997.
James L. Miller for his service to Lake County as a member of the Lake County Sports Committee from 1992-1997. (Not Present)
Joseph Parisian for his service to Lake County as a member of the Lake County Sports Committee from 1992-1997. (Not Present)
Keith Shamrock for his service to Lake County as a member of the Lake County Sports Committee from 1992-1997. (Not Present)
PRESENTATION OF CERTIFICATES
Lake County Board of Building Examiners
James C. Lenhart for service from 1993-1997 (Not Present)
A. Lenial Wilkerson for service from 1992-1996
Lake County Industrial Development Authority
Kyleen Fischer for service from 1995-1997 (Not Present)
Lake County Natural Resources Advisory Committee
David Barth for service from 1993-1997 (Not Present)
Lake County Parks and Recreation Advisory Board
David Barth for service from 1996-1997 (Not Present)
Lake County County-wide Solid Waste Study Committee
Joe Woodnick for service from 1995-1997 (Not Present)
Lake County Sports Committee
Denise Wolfe Anastasia for service from 1994-1997 (Not Present)
Ann Dupee for service from 1993-1997
Irving Matthews for service from 1995-1997
Greg Nelson for service from 1995-1997 (Not Present)
T.H. Poole, Sr. for service from 1993-1997
Dottie Smith for service from 1993-1997 (Not Present)
Kenneth E. Strickland for service from 1993-1997 (Not Present)
Lake County Tourist Development Council
David L. Connelly for service from 1996-1997
PUBLIC HEARINGS
PRESENTATION OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WORK PROGRAM PROCESS AND SCHEDULE
Ms. Maryann Bardon, Transportation Engineer, Public Works, appeared before the Board to present the Florida Department of Transportation (FDOT) Work Program Process and Schedule and introduced Mr. Larry Dunlop, Project Engineer on the S.R. 19 project.
Mr. Larry Dunlop, Project Engineer, Florida Department of Transportation, appeared before the Board to present an update on the S.R. 19 project and stated that there would be no lane closures between 6:00 a.m. to 8:00 p.m. He explained that Phase I-A would consist of constructing temporary pavement on the right side of the existing road from C.R. 561 to Highway 441 and that Phase I would consist of moving traffic to the temporary pavement, removal of the existing pavement to allow installation of drainage on the west side of the road, and partial construction on the new bridge. He explained that Phase II would consist of moving traffic to the new pavement and completing the roadway. He stated that completion time for construction was 385 contract days, and that all of the residents and businesses along the project have been informed of the construction schedule. At this time, he invited the Board to an open house on June 13, 1997 at the Florida Department of Transportation Office located at 544 Dora Canal Plaza.
At this time, Mr. Sandy Minkoff, County Attorney, introduced Ms. Kyleen Rogers, a student at Christian Home and Bible School, who was present observing the meeting this date.
Mr. Mike Szunyog, Florida Department of Transportation (FDOT), appeared before the Board to discuss the Florida Department of Transportation Work Program Process and Schedule. It was noted that the following information had been distributed to the Board prior to the start of the meeting: 2020 Florida Transportation Plan; Annual FDOT Work Program Process 1997; The Next Federal Surface Transportation Act - Florida Recommendations for ISTEA Reauthorization; Location Map; Projected Federal Dollars Received and Rate of Return.
Mr. Szunyog explained that the adopted FDOT Work Program was a list of transportation improvements to be undertaken within the next five (5) year period, and that FDOT was in the process of developing the fifth year for the Tentative Work Program that would go to fiscal year 2002 - 2003. He stated that the Adopted Work Program implements the goals and objectives of the FDOT Transportation Plan, the project priorities of the Metropolitan Planning Organization (MPO) and appropriate County Commissions, and mandates set forth in the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991. He stated that the Board of County Commissioners' project priorities should be submitted to the District Planning Manager by September 5, 1997, and explained that FDOT would develop the work program based on the submitted priorities, the Florida Transportation Plan's goals and objectives, and funding and production constraints. He further explained that the Tentative Work Program would be presented at district public hearings in November and December 1997. At this time, he briefly discussed the Next Federal Surface Transportation Act and provided a summary of the recommendations.
Mr. Szunyog discussed the proposed S.R. 40 four-lane project and requested that the Board discuss prioritizing said project. He introduced Mr. Fred Birney, District Director, Environmental Management; and Ms. Nancy Connor, Project Manager, S.R. 40 Study. Ms. Nancy Connor, Project Manager on the S.R. 40 Study, appeared before the Board and stated that they were currently working on a project study on S.R. 40 from Silver Springs (Marion County) to Barberville, (U.S. 17) in Volusia County and that they were working on the study as an environmental impact statement, and in coordination with the Federal Highway Administration and the U.S. Forestry Service. She explained that Marion County and Volusia County have updated their traffic models and have shown a need for roadway improvements to the middle section of S.R. 40, at which time she discussed the S.R. 40 project. She stated that the final alternatives would be completed within the next few months and that a project completion date was expected in approximately two and one-half (2 1/2) to three (3) years. She explained that the design phase of the four-lane project on S.R. 40 from C.R. 445A to the Volusia County line was presently on hold until the S.R. 40 project study was completed and until the construction phase was funded.
Commr. Good stated that it was his understanding that Volusia County, Marion County, and Lake County were not in favor of four- laning S.R. 40 through the Ocala National Forest; at which time, Mr. Szunyog explained that the FDOT was now considering the four- laning of S.R. 40. scenario because of new traffic projections. Commr. Good expressed concern that, in many cases, traffic has become more important than the environment in which we live, and that, at some point, government must develop the rules based on the environment that we have set aside for protection.
Commr. Swartz stated that the Board previously indicated strongly that Lake County was not in favor of four-laning S.R. 40, particularly in Lake County. He suggested that the next appropriate step for the Board to take would be to restate Lake County's position to Nancy Houston, District Secretary, Florida Department of Transportation, and determine if Volusia County and Marion County have changed their positions. He noted that this project was inconsistent with the Lake County Comprehensive Plan.
Mr. Szunyog stated that FDOT was looking for direction from the Board in terms of the appropriate amount of expenditures spent in time, money, and effort. He further stated that, if it was the consensus of Lake County that this project was a very low priority or no priority, FDOT would like to have that consensus from the County in writing.
Ms. Connor noted that the study would be considering a passing lane alternative that does meet the traffic demands in FDOT's level of service.
At this time, Mr. Szunyog discussed funding issues, and stated that over $500,000 has been expended on the S.R. 40 project, and that an additional $823,000, $346,000 of which would be spent on the Lake County portion, would be required in order to complete design of a four-lane facility. He stated that he has been directed to ask Lake County to spend DDR funds, which are the gas tax monies that come to the County, if the project were a priority.
Commr. Hanson stated that the S.R. 40 project makes very little impact on Lake County other than the environmental concerns.
Mr. Fred Birney, District Director, Environmental Management, appeared before the Board and stated that S.R. 40 was a difficult project and was a project that has been prepared as an environmental impact statement because of the significant environmental impacts on the forest, fragmentation of the forest, scrub jays, and black bears. He stated that, in order to address the needs that might be in Marion County and Volusia County, they are required to look at the entire corridor and consider a standard typical section, a minimized typical section, and passing lanes that meet all of the design criteria through the forest. He stated that the Federal Highway Administration has very strict guidelines and are not allowing FDOT to continue with the S.R. 40 project and exempt out the forest unless FDOT can prove to the Federal Highway Administration the importance to minimize the typical section through the forest for environmental reasons.
Commr. Swartz requested that the previous actions taken by the Board regarding S.R. 40 be brought back to the Board as an agenda item for discussion and, at that time, the Board can prepare a current response to the S.R. 40 project.
Mr. Szunyog noted, for informational purposes, that he had attended an Orlando Expressway Authority meeting where discussion occurred regarding a tentative proposal for a toll road from Apopka to Lake County. He explained that the proposal was the result of an origin and destination study that the Expressway Authority had undertaken in October 1996. He stated that a proposal for a feasibility study would be included in the Orlando Expressway Authority Five Year Work Program.
ACCOUNTS ALLOWED/GRANTS
Ms. Allison Thall, Human Services Manager, appeared before the Board to present the request for approval of the recommendation from the Local Law Enforcement Block Grant Advisory Committee regarding allocation of the Federal Local Law Enforcement Block Grant funds. She stated that the Local Law Enforcement Block Grant Advisory Committee met on May 1, 1997 to make recommendations for the allocation of the Local Law Enforcement Block Grant funds, and the following municipalities have been recommended for funding:
Federal Funds County Match
City of Umatilla $26,901.00 $2,989.00
City of Eustis $26,901.00 $2,989.00
City of Tavares $35,508.00 $3,945.00
City of Leesburg $18,293.00 $2,033.00
Ms. Thall stated that the total funds for the Federal Local Law Enforcement Block Grant were $107,603.00, and that the total funds for the County Match were $11,956.00.
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 the request for acceptance and approval of the recommendation from the Local Law Enforcement Block Grant Advisory Committee regarding allocation of the Federal Local Law Enforcement Block Grant funds, in the amount of $107,603.00 - County Match $11,956.00.
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.
Mr. Rodney Lyon appeared before the Board and requested information on public records regarding who has the authority to waive review fees of site plans.
Mr. Sandy Minkoff, County Attorney, explained that the resolution in which the Board adopted the fee schedules provides that the County Manager or her designee has the ability to waive a fee if they determine that said fee was not necessary and in the best interest of the County.
Ms. Carol Clendinen, representing the Harbor Shores Homeowners Association, appeared before the Board and explained that the residents in the Harbor Shores Subdivision have cleaned up the canals in Harbor Shores. She explained that the County had issued a permit to burn the brush and debris; however, the State indicated burning of the brush and debris would not be allowed. She requested assistance from the Board with removal of the brush and debris as a result of said cleanup.
Mr. Tim Davis, a resident of Harbor Shores Subdivision, appeared before the Board and explained that the residents have cut up the wood, and that the remainder of the brush and debris could be ran through a mulcher.
Commr. Cadwell requested permission for the County Manager and himself to assess the situation and make a determination on steps that could be taken to assist in the clean up of the brush and debris.
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:30 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/RIGHTS-OF-WAY, ROADS & EASEMENTS
ROADS-COUNTY & STATE/ROAD PROJECTS
Mr. Don Griffey, Engineering Director, Public Works, appeared before the Board to present the request for approval to seek appraisals on a parcel of land within fifty feet (50') of centerline of C-44 at the intersection of Emeralda Avenue.
Mr. Sandy Minkoff, County Attorney, explained that the County has been working on improving the intersection of C.R. 44 and Emeralda Avenue, and has tried to obtain right-of-way on Emeralda Avenue from Ms. Marion McKinney. He explained that the Board has approved the filing of a maintenance map for a small portion of land approximately 468 square feet at the corner; however, prior to filing the maintenance map, the County requested that Ms. McKinney provide a dedication or a right-of-way deed for a much larger piece of property. He stated that Ms. McKinney refused the County's request and has contacted various county officers concerning her objection to the maintenance map. He stated that Ms. McKinney has made an offer to sell the entire property for $5,000 plus $600 in attorney's fees along with the County erecting a historic monument. He stated that Mr. Jim Stivender, Jr., Senior Director, Public Works, has made a recommendation for approval to seek appraisals on the property in question before making a determination to purchase said property.
Ms. Sue Whittle, County Manager, verified that the County would send notices to property owners who may be affected by the filing of a maintenance map.
Commr. Hanson made a motion, which was seconded by Commr. Cadwell, for approval to seek appraisals on a parcel of land within 50 feet of centerline of C-44 at the intersection of Emeralda Avenue.
In response to a question presented by Commr. Gerber, Mr. Minkoff clarified that the offer from the property owner was to sell the property to the County for $5,000, attorney fees, and the County would erect a historic monument.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
FOR YOUR INFORMATION
The following vested rights determination has been issued.
Vested Rights Determination Relating to Action Taken by the Board of County Commissioners on December 18, 1990, Regarding Petition No. 193-90-3; A Rezoning from A (Agricultural) to AR (Agricultural Residential) pursuant to Ordinance No. 64-90.
Lake County denies any vested rights associated with the West 1/2 of Tract 20 relating to the subdivision of the property into two (2) two and one-half (2-1/2) acre parcels. Lake County considers the West 1/2 of Tract 20 as one (1) lot for the purpose of issuing development orders and development permits, regardless of property ownership. Lake County considers the single family residence permitted pursuant to Building Permit No. 72168 the principal structure associated with the West 1/2 of Tract 20. Accessory structures may be permitted for the West 1/2 of Tract 20. Accessory structures may be permitted for the West 1/2 of Tract 20 in accordance with the Lake County Code.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/STATE AGENCIES
Mr. Sandy Minkoff, County Attorney, presented the request for approval to pay Certification of Costs in the case of State of Florida v. Sherrill B. Turner and explained that the Supreme Court has ruled that only witness fees, Sheriff expenses, and Clerk of Court expenses are defined as taxable costs; therefore, only $108.02 are recoverable costs.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to pay Certification of Costs in the case of the State of Florida v. Sherrill B. Turner, in the amount of $108.52.
MEETINGS/VALUE ADJUSTMENT BOARD
Mr. Sandy Minkoff, County Attorney, presented this request and explained that the Legislature has approved to change to the presumption of correctness statute and that the impact of this change may cause the hearing process for property assessments to be extremely long should the Value Adjustment Board hear the complicated evaluation cases.
Discussion occurred regard a Special Master process; at which time it was suggested that staff review the changes in the Legislature's ruling with regard to the property appraiser's presumption of correctness and bring information back to the Board for discussion in light of the changed statute. Mr. Minkoff noted that it would be the decision of the Value Adjustment Board to use the Special Master process.
At this time, Commr. Good selected Commr. Gerber, Commr. Swartz, and himself to serve on the Value Adjustment Board for 1997. Commr. Gerber noted that she would be unavailable to serve on September 29, 1997 and that Commr. Cadwell would be serving in her place.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved August 7 and 8, 1997, as dates for the Value Adjustment Board to hear requests regarding agricultural and homestead exemptions; and to approve the selection of Commr. Good, Commr. Gerber, and Commr. Swartz to serve on the Value Adjustment Board.
Mr. Minkoff requested that the Board set the dates of September 29, 30, and October 2, 1997 as tentative dates for the Value Adjustment Board to hear requests regarding property assessments.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved September 29, 30, and October 2, 1997 as tentative dates for the Value Adjustment Board to hear requests regarding property assessments.
At this time, Mr. Minkoff was directed to bring back to the Board in June information pertaining to the Special Master process; to include a list of counties that use a Special Master; and to invite the School Board to attend the June meeting.
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT NO. 2
ORDINANCES
Commr. Good presented the Firearms Discharge Ordinance as submitted by the Firearm Discharge Committee and a request for permission to advertise said ordinance for a public hearing.
Commr. Cadwell expressed previous concerns that the problems that have been presented to the Board were problems that could be handled under current law; however, stated that he would support advertising said ordinance for a public hearing; at which time, Commr. Hanson concurred with comments made by Commr. Cadwell.
Mr. Sandy Minkoff, County Attorney, stated that he would provide the Board with copies of Florida Statutes Chapter 790, and the existing code on firearms discharge.
Commr. Hanson requested that Mr. Minkoff provide a legal opinion on the Firearms Discharge Ordinance versus state law.
Mr. Minkoff stated that the Firearms Discharge Ordinance was more stringent than current state law and, after researching the statutes, he was of the opinion that the ordinance could go forward; however, there was a question whether or not the County has the authority to enforce said ordinance.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request for permission to advertise a public hearing on the Firearm Discharge Ordinance.
COUNTY ATTORNEY (CONTINUED)
MEETINGS
Mr. Sandy Minkoff, County Attorney, requested permission for the Daily Commercial to advertise a meeting scheduled on June 9, 1997 pertaining to the Holiday Lighting Festival.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request from the Daily Commercial for permission to advertise a meeting scheduled on June 9, 1997 pertaining to the Holiday Lighting Festival in order to comply with the Sunshine Law due to the Board of County Commissioners, Tourist Development Council, and other County Boards having been requested to attend.
COUNTY MANAGER
ORDINANCES
Ms. Sue Whittle, County Manager, addressed a memorandum dated June 3, 1997, from Ms. Sharon O. Farrell, Senior Director, Growth Management Services Division, pertaining to the Telecommunications Ordinance, which had been distributed prior to the start of the meeting this date. She explained that, in consideration of the fact that staff has had only one workshop with the Board of County Commissioners on this issue, and was scheduling additional workshops with the industry representatives, it was anticipated that a final draft would not be available by the July date. She stated that staff was recommending that Lake County place a hold on all tower siting requests for 120 days to provide the Board of County Commissioners, staff, and the industry additional time to address this timely issue.
Commr. Gerber made a motion, which was seconded by Commr. Hanson, for the purpose of discussion, to approve to place a hold on all tower siting requests for 120 days to provide the Board of County Commissioners, staff, and the industry additional time to address this issue.
In response to a question presented by Commr. Cadwell pertaining to the legal ramifications of a moratorium on tower siting requests, Mr. Sandy Minkoff, County Attorney, stated that, other than the Federal Communications Act, there would not be a mandate to allow towers at all; therefore, the County could pass a law not to allow towers anywhere within the County, which would be a permanent moratorium. He stated that Federal law provides that, while tower applicants are required to get local zoning approval, the local zoning approval cannot stop them from engaging in business. He cited a case in federal court, and stated that there would not be a problem with the delay.
Commr. Cadwell stressed the importance that the amateur radio operators be given the opportunity to present their concerns.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
ADDENDUM NO. 1
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
Commr. Hanson presented this request.
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 Proclamation No. 1997-101 proclaiming June 7 - 14 as Home Ownership Week in Lake County.
WATER RESOURCES
Commr. Hanson brought up for discussion the creation of a county-wide Adopt-A-Shore Program, and stated that this program would encourage those living along lakes to take care of their shoreline. She encouraged the Board to move forward with the evaluation of a county-wide Adopt-A-Shore Program similar to the Adopt-A-Road Program.
A brief discussion occurred regarding a county-wide Adopt-A-Shore Program; at which time, staff was directed to evaluate a county-wide Adopt-A-Shore Program similar to the Adopt-A-Road Program and bring back a recommendation to the Board.
ROADS-COUNTY & STATE
Commr. Hanson brought up for discussion a petition from residents of the Paisley area who strenuously object to the four-laning of C.R. 42, and a request for authorization to go forward with the preparation of a resolution. She stated that the residents want their object to the four-laning of C.R. 42 on record, and assurance that the County and the State have no intention of four-laning C.R. 42.
Commr. Hanson made a motion for approval of a resolution opposing the four-laning of C.R. 42.
The motion died for a lack of a second to the motion.
Discussion occurred regarding this request, and it was noted that the County would monitor the four-laning of C.R. 42 and that the Chairman would write a letter to the residents of the Paisley area explaining that there are no plans, at this time, to four-lane C.R. 42 and that the Board would monitor this issue.
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT NO. 2
RESOLUTIONS
Commr. Good brought up for discussion a draft Local Sources First resolution, which had been distributed prior to the start of the meeting this date. He explained that said resolution addresses to the Governor and the Lt. Governor the concept of "Local Sources First" as applied to ground and surface water flows for local water supplies, reduction of the need for inter-boundary water transfer, reduction of the environmental impacts on adjoining watersheds, and reduction of the conflict that occurs between local communities. He directed the Board's attention to a letter from Ann W. Griffin, dated May 29, 1997, requesting that the Board pass a resolution to be addressed to Governor Chiles and Lt. Governor MacKay asking them to form a Task Force to begin work with the purpose of putting the provision in a legislative bill in 1998 addressing the use of all "local sources" of ground and surface water, including desalination, before looking to other areas for water.
Commr. Swartz requested clarification on language which states that the Governor and Lt. Governor were crucial in the discussions of water sources, and suggested that the word "crucial" be changed to instrumental.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve Resolution No. 1997-103 pertaining to "Local Sources First", as amended changing the word "crucial" to instrumental.
Commr. Cadwell requested clarification that the motion did include contacting other surrounding counties.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
RESOLUTIONS
Commr. Good presented this request.
On a motion by Commr. Cadwell, second by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 102 proclaiming June 7, 1997 as National Trail Day.
COMMISSIONERS
Commr. Hanson informed the Board that she has completed the Leadership Central Florida program sponsored by the Chamber of Commerce and encouraged the Board members to apply for the program.
STATE AGENCIES
Commr. Good distributed a copy of the Florida Association of Counties Legislative Alert, dated May 30, 1997, in regard to Article V Legislation, House Bill 1319 (Article V revenue) Becomes Law, for the Board's review; and read, into the record, the following: "The Florida Association of Counties will make six appointments to the committee, two small county representatives (less than 75,000 population), two medium county representatives (75,000 - 699,999 population), and two large county representatives (700,000 and up). Commissioners interested in serving on this committee are asked to notify Vivian Zaricki, FAC Executive Director, in writing by June 10."
MEETINGS
Commr. Good brought forward discussion of a letter previously received from Father David Randall, Co-Chairman, Lake County Juvenile Justice Council, notifying the Board of a Juvenile Justice Counsel meeting on June 9, 1997, at the Lake County Administration Building, Room 233, from 6:00 p.m. to 8:30 p.m. He stated that Father Randall was requesting that various groups send representatives to said meeting.
Discussion occurred regarding the Board's position on the Juvenile Justice Assessment Center; at which time, Mr. Sandy Minkoff, County Attorney, noted that staff would advertise the above noted meeting on June 9, 1997 if one (1) or more Commissioners plan to attend. It was the decision of the Board that Commr. Good would represent the Board at said meeting and that the Board would continue to monitor the discussions and evaluate what was being proposed.
RECESS & REASSEMBLY
At 11:25 a.m., the Chairman announced that the Board would recess for five minutes, and reconvene at 11:30 a.m.
CLOSED SESSION OF THE BOARD OF COUNTY COMMISSIONERS
COUNTY ATTORNEY/COMMISSIONERS
Mr. Sandy Minkoff, County Attorney, stated that this closed session was being held pursuant to Florida Statute 286.00.1(8) and that he did request, at a public meeting, that this session be held. He stated that only settlement negotiations and strategy sessions would be discussed during the meeting and that no vote would be taken or final decisions made. He indicated that a court reporter was present recording the session, and that the sound system and video system would be shut off at this time. He stated that this meeting had been advertised and that the anticipated length of the meeting would be 45 minutes.
At 11:34 p.m., Commr. Good announced that the Board would go into a closed session. 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 as follows: Sanford M. Minkoff, County Attorney; Sue Whittle, County Manager; and the Court Reporter.
At 12:25 p.m., the Chairman reopened the June 3, 1997 Board of County Commissioners Regular Meeting and announced that the closed session was now terminated.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:26 p.m.
___________________________________
WILLIAM "BILL" H. GOOD, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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