The Lake County Board of County Commissioners met in regular session on Tuesday, July 8, 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 requested that Tab 28 regarding awarding RFP #97-080 to Karlin Daniel & Associates, Inc. and negotiating a contract with Keith & Schnars for proposal 97-092, be pulled from the Agenda today. She noted that it would be rescheduled at a later date.
Mr. Sandy Minkoff, County Attorney, stated that he had a item that he wanted to add to the agenda under his business. The item involved the possibility of an appeal of an order and an attorney's fee award in a criminal case that he wanted to discuss with the Board.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried by a 4-0 vote, the Board approved to place the item on the agenda, as requested by Mr. Minkoff.
Commr. Hanson was not present for the discussion or vote.
Mr. Minkoff introduced Mr. Brian Welke, the newest lawyer that has joined the County Attorney's Office.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Tabs 1 - 15 on the Clerk of Courts' Consent Agenda, as follows:
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
Contractor Bonds, as follows:
4750-97 Paul S. King (Electrical)
5550-97 Alfredo Abel Enriquez dba Enriquez Air
5551-98 Michael H. Rance (Roofing)
5552-97 Steven J. Nichols dba Nicholsworth (Electrical)
5554-97 Scott Esterbrook of D & E Electrical Systems, Inc. (Electrical)
5555-98 Kevin Blackburn dba Blackburn Brothers Constr. (Residential Contractor)
Satisfaction of Judgment, State of Florida vs. Michael Clarence Blackmer, Case No. 96-1844-CFA, in the amount of $750.00.
Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending May 31, 1997.Disbursements made to Board: $164,329.61; Same period last year: $133,428.23.
Accounts Allowed/County Property
List of items to be deleted from Fixed Assets for the month of June, 1997, in the amount of $54,867.00.
Unclaimed excess proceeds for tax deeds totaling $155.69.
Unclaimed excess proceeds for tax deeds totaling $11,445.00.
Unclaimed excess proceeds for tax deeds totaling $117.68.
State of Florida Auditor General Report No. 13008, operational audit of the Office of the State Attorney, Fifth Judicial Circuit, for the period January 1, 1996 through December 31, 1996.
City of Clermont Miscellaneous Ordinance No. 326-M, Providing for the Annexation of a Certain Parcel of Land Contiguous to the Present City Boundaries, as described, which was passed and ordained by the City Council of the City of Clermont on the 27th Day of May, 1997.
City of Tavares, Ordinance 96-29, Amending the Boundaries of the City of Tavares by Including within the City Limits Property Generally Described as Approximately 18.3 Acres Located on Dead River Road East of Lake Harris, as described, which was passed and ordained on the 22nd day of January, 1997.
City of Eustis, Ordinance No. 97-07, Initiated by the Property Owner, Annexing into the Corporate Limits of the City of Eustis, Florida, 5.7 Acres of Vacant Land on the Northeast Corner of State Road 19 and County Road 44, Subject to the Lake County Land Use Map Designation of "Urban Expansion", as described, which was passed, ordained and approved in Regular Session of the City Commission of the City of Eustis on the 5th day of June, 1997.
Notice from the Florida Public Service Commission in Re: Notice of Hearing and Prehearing to Florida Power Corporation and All Other Interested Persons, Docket No. 970261-EI - Review of Nuclear Outage at Florida Power Corporation's Crystal River Unit 3, Issued: May 10, 1997, Notice is hereby given that the Florida Public Service Commission will hold a public hearing in the above docket at the following time and place: Thursday, June 26, 1997, 10:30 a.m., 4075 Esplanade Way, Room 148, Betty Easley Conference Center, Tallahassee, Florida. A prehearing conference will be conducted at the same location on Thursday, June 17, 1997, 9:30 a.m.
Notice from the Florida Public Service Commission in Re: Notice of Cancellation of Commission Hearing and Prehearing to Florida Department of Education, Bellsouth Telecommunications, Inc., Florida Department of State, Florida Department of Management Services, and All Other Interested Persons, Docket No. 970157-TP, Establishment of Intrastate Discounts for Schools and Libraries, Pursuant to Section 254(H) of the Telecommunications Act of 1996, Issued: May 27, 1997, as follows: Notice is hereby given by the Florida Public Service Commission that the public hearing scheduled in the above referenced docket for Thursday, June 13, 1997, has been canceled. The prehearing conference scheduled for Thursday, May 29, 1997, has also been canceled.
Budget Adjustments for FY 96/97.
1. Fund: General
Department: Growth Management
Revenue: Building Permits $ 30,000
Expenditure: Overtime $ 30,000
Amendment #: 97-234
Justification: Resolution to receive unanticipated revenue from the issuance of building permits over the amount anticipated.
1. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: Contingency - Sheriff $15,000
To: Law Operating $ 8,000
Jail Capital $ 7,000
Transfer #: 97-235
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting a transfer from Contingency - Sheriff in the amount of $15,000.
2. Fund: Landfill Enterprise
Department: Solid Waste Management
From: Several $ 83,870
To: Several $ 83,870
Transfer #: 97-239
Justification: Transfer needed to cover personnel changes approved in January of 1997.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 24 regarding the First Amendment to Agreement between Lake County and Reynolds, Smith and Hills, Inc. be pulled for discussion.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved Tabs 2 through 29, with the exception of Tab 24, which was pulled for discussion, and Tab 28 to be rescheduled, for the following requests:.
Resolutions/Roads-County & State
Request for execution of Resolution relating to the renaming of Magnolia Blossom Court to Magnolia Island Boulevard. Execution of Satisfaction of Mortgage and Security Agreement for John A. Batchelor, Jr.
Contracts, Leases & Agreements/Community Services
Accounts Allowed/Contracts, Leases & Agreements
Request for execution of First Amendment to Agreement between Lake County and Childhood Development Services, Inc. For annual grant funding at a Fiscal Impact of $10,000.
Request for execution of Proclamation 1997-117 adopting the Children's Bill of Rights as presented by the Road Knight Corporation.
Certificates for employees with one and three years of service.
Accounts Allowed/Bids/Road Projects
Request to award Florida Avenue Widening & Resurfacing Project No. 3-97, Bid No. 97-105, to Art Walker Construction Company and approval to encumber and expend funds in the amount of $89,171.84 from the Road Impact Fee Fund, Benefit District 4 - Commissioner District 3.
Accounts Allowed/Bids/Road Projects
Request to award US-27/441 & CR-25 Connector Project No. 6-97, Bid No. 97-106, to Art Walker Construction Company and approval to encumber and expend funds in the amount of $257,850.81 from the Road Impact Fee Fund, Benefit District 3 - Commissioner District 1.
Accounts Allowed/Roads - County & State/Resolutions
Contracts, Leases & Agreements
Request to release a Cashier's Check in the amount of $9,394 that was posted for sodding, seeding, mulching and planting 18 laurel oak trees, acceptance of a Letter of Credit for maintenance in the amount of $31,411, approval and execution of a Developer's Agreement for maintenance of improvements between Lake County and Montclair Land Trust, and approval and execution of Resolution accepting the following roads into the County Road Maintenance System: Versailles Boulevard "Part" #2-0936B, Marseilles Boulevard "Part" #2-0936C, Park Promenade Way #2-0937A, and Lyons Court #2-0937B.
Accounts Allowed/Roads - County & State/Resolutions
Contracts, Leases & Agreements
Request for execution of Change Order No. 1 to Orange Circle, Azalea Way, Parkinsonia Street "Portion", Palm Street "Portion", and Oakridge Drive Special Assessment Project No. SA-83 to provide and install four inlet skimmers and install six additional driveways in the amount of $4,840.24 from the Transportation Trust Fund - Commissioner District 5.
Accounts Allowed/Road Projects
Request for execution of Change Order No. 1 to CR-455 Rebuilding and Resurfacing Project No. 11-96 for additional striping that was performed on Shirley Shores Road #3-3358 and East Shirley Shores Road #3-3561 in the amount of $2,365.68 from the Transportation Trust Fund - Commissioner District 3.
Request to release a Letter of Credit for maintenance in the amount of $10,456.14 for the Hills of Lake Louisa Subdivision.
Request to release a Letter of Credit for performance in the amount of $997,227.08 for the Devonshire at Kings Ridge and Huntington at Kings Ridge plats (aka Kings Ridge Phase 2).
Request to release a Letter of Credit for maintenance in the amount of $69,151 for the Tavadora Subdivision Replat.
Accounts Allowed/Bids/Road Projects
Request to advertise for bids for CR-470 Widening & Resurfacing and #2-3108A Bay Avenue Paving Project No. 7-97 at an estimated cost of $785,300 from the Transportation Trust Fund and the Road Impact Fee Fund, Benefit District 3 and 4 - Commissioner District 2.
Accounts Allowed/Bids/Road Projects
Request to advertise for bids for Phase I of the Lake Harris Shores Reconstructing and Resurfacing Project No. 9-97 at an estimated cost of $170,000 from the Transportation Trust Fund - Commissioner District 3.
Accounts Allowed/Bids/Road Projects
Request to advertise for bids for Cassidy Street, West Skyline Drive, Skyline Drive, Twin Ponds Road, Lake Burns Road and East 9th Avenue Improvement Project No. 8-97 at an estimated cost of $581,325 from the Road Impact Fee Fund and the Transportation Trust Fund, Benefit District 2 - Commissioner District 5.
Road Vacations - Permission to Advertise
Request to advertise Road Vacation Petition No. 847 by Donald C. Anderson and Thomas R. Anderson to vacate right-of-way, Lakeview Heights, Sec. 12, Twp. 19, Rge. 26, Eustis area - Commissioner District 4.
Road Vacations - Permission to Advertise
Request to advertise Road Vacation No. 848 by Mike Anderson, Sr., Director, Lake County Facilities and Capital Improvements, to vacate utility easement, Lake County Central Park Phase 1, Sec. 29, Twp. 21, Rge. 25, Groveland area - Commissioner District 2.
Request to release a Maintenance Bond in the amount of $16,500 for the Kings Cove 7th Addition Subdivision.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for execution of DEP Grant Amendment, Contract #AP127 for the Cooperative Aquatic Plant Management Program. Fiscal Impact: $89,700
Request for execution of Arthropod Control Work Plan Budget for Fiscal Year 1997/98. Fiscal Impact: $34,328
Request for execution of Resolution authorizing the posting of "Speed Limit" signs in the Green Swamp area.
Request for acceptance of the following deeds:
Nadine D. Foley
Twin Ponds Rd. #5-7676
Luis Eduardo "Ed" Vergara Individually and as Trustee of Airport Properties
Maggie Jones Rd. #4-8190
Request to approve Settlement Stipulation on past due special assessments 679002 and 679070, Jerry and Barbara Fought, executed by the County Attorney's office.
Assessments/Roads-County & State
Request for execution of seven road assessment Satisfaction of Assessment Liens, as follows:
Assessment # Name Amount Paid
656038 Nancy Sue Taylor $ 574.38
661494 Hansel & Bobbie Carroll $2,618.21
662006 Mildred W. Layer $4,270.37
677039 Larry G. Bissell $ 888.65
678026 Michael & Melanie Tucker $1,452.02
683031 Penelope Thompson $1,851.79
687018 Arvin Teston $1,023.97
Presentation of plaques to employees with five years of service
Mark A. Knight, Principal Planner, Growth Management, Planning & Development Services Division, Current Planning Services (not present)
Presentation of plaques to employees with ten years of service
Earl R. Allen, Building Inspector IV, Growth Management, Building Services Division, South Lake Annex
Thomas Depaolo, Mechanic/Welder, Public Works, Special Services Division, Fleet Maintenance Services
Steven M. Lee, Equipment Operator III, Public Works, Roads Division, Road Maintenance, Maintenance Area III (Ambitiously)
Tensley D. Williams, Equipment Operator I, Public Works, Roads Division, Road Maintenance, Special Projects (not present)
Presentation of plaques to employees with fifteen years of Service
Dorothy C. Heald, Secretary II, Agricultural Education Service, Cooperative Extension Service
Ms. Sue Whittle, County Manager, announced that she was notified last week that Lake County is the recipient of three of the National Association of Counties 1997 Achievement Awards for programs developed by the County, and the following programs received the Award: Family Disaster Planning Notebook Program, which was developed by the Fire and Emergency Services' Department (Susan Larson); the County Maintained Clay Road Assessment Program, which was a team effort through the Department of Public Works (Laurie Nichols, Kathy McDonald, Maryann Bardon, Don Griffey, Bob Book, Gary Spires, Bo Carlton, Dennis Warren and Mike Brooks); and the "PRIDE" Program, which was created and developed through the senior staff.
The following employees were presented with the "PRIDE" Certificates:
Department of Community Services
Cheri Greer - Division of Library Services
Charlene Smith - Division of Library Services
Department of Growth Management
William F. "Bill" Hechler
Deanna Lavoie - Building Services Division, South Lake Office
Wanda Williams - Code Enforcement
Department of Public Works
Walter Thompson - Special Services Division (not present)
Department of Solid Waste Management Services
Commr. Cadwell stated that Ms. Sue Whittle, County Manager, played a big part in the PRIDE Program, and she provided the County employees with the type of leadership that allowed them to go out and develop these types of innovative programs, which the Board greatly appreciated.
PRESENTATION OF PROCLAMATION
Commr. Good presented Miss Tanya Felton with Proclamation 1997-107 recognizing her swimming accomplishments and academic excellence, and he acknowledged her family members who were present in the audience.
SOUTH LAKE COUNTY FOUNDATION
Commr. Good stated that Mr. Jim O'Neil, Chief Executive Officer, South Lake County Foundation, was present to provide an update on plans for the creation of the Lake County Center for Nonprofit Organizations. He noted that backup information had been submitted to the Board.
Commr. Hanson stated that she had met with Mr. O'Neil about two weeks ago, along with the County Manager, and she had asked him to appear before the Board.
Mr. O'Neil addressed the Board to discuss the South Lake County Foundation, which was a grant making organization that awards funds and non-monetary assistance to 5013Cs in the south Lake area. The Foundation has received many applications and proposals from organizations who are providing excellent and beneficial services to all of Lake County, but the Foundation was unable, because of their by-laws and other restrictions, to provide them with any type of monetary support. Therefore, he wanted to develop the Lake County Resource Center for Nonprofit Organizations, which was formulated after the Orange County Resource Center, in order to provide nonprofits with a cost effective means to acquire the tools, the skills, and the training to be successful. He stated that, with professional and organizational development being a top priority of the Resource Center, sharing that realm will be the Center's commitment to assist the nonprofits to become more aware of diverse funding sources and developing competitive proposals. He further stated that he would also be very interested in assisting the local and County governments identify potential funders for projects and programs. Mr. O'Neil noted that information has been received about several grants that can assist local communities.
Mr. Dick Clark, former President and Chairman of United Way of Lake and Sumter, addressed the Board and stated that he was here today to endorse what has been presented by Mr. O'Neil. He stated that, from his many years of experience in working with nonprofits, the services and education that can be provided by this organization was vitally necessary, if the nonprofits were going to continue meeting the needs of the community.
Ms. Barbara Lightner, Director, Joining Hands Inc. Of Florida, addressed the Board and stated that, thanks to the Nonprofit Organization and Foundation in Orlando, she attended seminars and training and was able to present to the Board updated information, which has been developed, with the assistance of Mr. O'Neil, and included the Statistics Report for Joining Hands and their request for $2,000.
Mr. Leah Johnson, Executive Director of Angel Flight Southeast, addressed the Board and stated that he was on the Board of Directors for the Florida Association of Nonprofit Organizations, and he has seen what these resource centers have done for the local communities. Mr. Johnson remembered Commr. Good envisioning a Social Services Summit, which he thought was a wonderful idea, and stated that he would be glad to help him facilitate something like that. He requested that the Board give very strong consideration to the Resource Center being proposed, which would help improve the quality of life for everyone in Lake County.
Commr. Hanson stated that, if the Board was to fund the Resource Center, or to fund a grant writer through the County's budget, she felt the Board could leverage dollars more effectively than awarding dollars to nonprofits. She stated that she was in support of the request, and she would like to see the Board find the dollars in this year's budget, because the dollars from the Federal and State governments were going to be stretched tighter and tighter, and the County was going to have to fight very hard to get the dollars back to Lake County. She stated that it would be very beneficial if the County could become somewhat of a partner in this instance.
Mr. O'Neil stated that they were very interested in any type of partnership that would be mutually beneficial between Lake County and the South Lake County Foundation, as well as the Lake County Resource Center for Nonprofit Organizations. He stated that he would be glad to assist the Board in developing a strategy on how to meet each others needs. He further stated that he was going to continue to pursue identification of those State funds that are available for communities and share the information with the County. Mr. O'Neil explained that the South Lake County Foundation is a grant making organization, which is primarily restricted to awarding funds in the South Lake area to 5013Cs, or other nonprofit groups, such as schools. At this time, he took a moment to explain the origin of the South Lake County Foundation and the hospital and why certain funds were restricted to the South Lake area. He stated that he has many organizations coming to him asking for monetary support, and he is unable to provide the help, because of the geographical limitations.
Commr. Hanson noted that the County was having a volunteer summit in the fall.
Mr. O'Neil noted that there was a grant available for $25,000 for organizations who are going to be hosting volunteer summits. Commr. Hanson referred to the letter in the backup material from The Villages in support of the request today.
Mr. O'Neil stated that there was going to be some commitment from the South Lake County Foundation to support the Resource Center, even though the Center may evolve outside of the South Lake area, not only financially but with time and in-kind services.
Commr. Good stated that his only concern was duplication with other agencies.
Mr. O'Neil stated that, once everyone starts finding out about the Resource Center, he will begin engaging these activities and organization plans, so that there will be no duplication.
No action was taken by the Board.
COUNTY MANAGER'S CONSENT AGENDA
REPORTS/RISK MANAGEMENT/COUNTY EMPLOYEES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the execution of IRS Form 5500 and Schedule F - Annual Return/Report of Employee Benefit Plan, subject to the County Attorney's review and approval.
THE LIGHTS OF LAKE PRESENTATION
Mr. Jim Perry, Publisher of The Daily Commercial, addressed the Board to discuss the focus project of the Commercial, to unite the cities in Lake County for a common goal and to produce a positive economic benefit for the communities. The project selected is called The Lights of Lake, which is a nonprofit organization to unite Lake County for the purpose of generating tourism dollars through a holiday lighting festival. The project was designed to utilize Lake County's geographical location, tap into the Orlando tourist trade, and enhance the beauty of the lakes with holiday lighting displays in the waterfront parks for five of the principal cities in Lake County. Mr. Perry noted that there has been a tremendous response from the business community and several articles have been run in The Daily Commercial about the proposal. He stated that the paper has spent $2,000 to bring a consultant, Mr. George Smith, to the area to brief the community and the private sector on the feasibility of the project. Mr. Perry explained that the goal of The Lights of Lake is to put up three million lights in Lake County. Mr. Perry presented a five minute video, which included a summary of Mr. Smith's presentation at Lake Sumter Community College and holiday light displays in other areas of the country.
Ms. Carmen Cullen, Advertising Director, The Daily Commercial, addressed the economic impact of the proposed project and stated that she has conducted feasibility studies for Lake County and in-depth studies in nine other cities that put in lighting displays, and she found that, in the first year, there was local movement; by years two and three, you can start pulling in your regional; and by year three to five you can start bringing in your tourists from national. Ms. Cullen reviewed graphs, which showed the hotel/motel sales tax receipts and the economic impact since the following areas brought in their festivals: West Virginia; Marshall, Texas; Fayetteville, Arkansas; Gatlinburg, Tennessee; and Polk County. Ms. Cullen stated that the economic impact was evident, and in the month of December in Lake County, the occupancy rate in the RV and parks was 79 percent; bed and breakfasts, 16 percent; and hotels, 39 percent. She stated that they have been looking for the funds to come from the County, the cities, the businesses, the TDC, the EDC, foundations, residents, and civic clubs. She noted that there were 65 people serving on the Committee; without solicitation, they have received $8,200 from the private and business sector; over 70 businesses have indicated that they will light up; over 20 residents have written to tell them they would like to be a part of the effort as well; and they have a volunteer base of 150 people.
Mr. Perry stated that he approached the Tourist Development Council (TDC) with the idea, and they endorsed the project and promised some in-kind advertising to help get the word out regionally. He stated that The Daily Commercial was very committed to the project, and it comes to the Board today to ask for a commitment from the County. Mr. Perry requested matching funds from the County up to $20,000, which would be used to buy lights. In addition to the matching funds, he requested that the County assist them with approximately 500 hours in labor to erect displays. They already had commitments from the five cities to provide labor. Mr. Perry explained that the TDC approved to support the project 100 percent with the funds that they already had available this year, which would include some advertisements and billboard space during the holiday season. They also agreed to consider funding their brochure for the festival for 1998.
Commr. Hanson stated that she was Chairman of the TDC, as well as Chairman of The Lights of Lake, and she could not vote at the TDC meeting on the project. She explained that the TDC did not approve to allocate funding, because the TDC has always focused dollars on promotion rather than on infrastructure. She stated that the TDC has five billboards, which would be made available to the project, as well as advertising promotion for any of the other sources they have around that time, which could easily add up to the dollar amount that was being requested.
Commr. Cadwell stated that this seemed to be a good project, but he could not imagine the dollars coming from anywhere else other than the TDC.
Commr. Hanson explained that the dollars that would be coming into the County would be going back to much more than just the TDC dollars, but the economic impact would be much more than just the hotels/motels. She stated that a lot of the cities already have lights, but for instance, the City of Mount Dora was planning to expand their lights, particularly since the announcement of this project. She felt that a lot of promotion was going to be needed.
Ms. Cullen stated that the TDC also agreed to participate in a trade show to help bring the people and buses into Lake County sometime next spring.
Commr. Swartz stated that earlier he had indicated to those individuals addressing the Board today that the project being discussed would seem to be the perfect thing for the TDC to get involved in, if Lake County could expect the increase in the bed tax revenue that appears to be happening in other communities, and it seemed logical that, if the TDC sees that potential for increasing their bed tax revenue, this would be the logical place for any cash funding. He had told them that, if the TDC supported the project and recommended to the Board an expenditure of funds for the type of infrastructure being discussed, he had indicated that he would support the recommendation, but at the same time he said that, given some of the budget constraints that the Board has this year, there were far more requests than what the Board could actually fund. He would support the TDC and their effort to fund them, but he would have a hard time seeing the Board use General Revenue dollars to fund this type of project.
Commr. Hanson stated that the TDC had agreed to support in-kind services, which would be substantial, and include billboards and promotion. She stated that she could not vote on the project today as part of this Board.
As a point of order, Commr. Swartz questioned whether Commr. Hanson could vote on the issue today.
Mr. Sandy Minkoff, County Attorney, stated that this would be a decision that each Commissioner would make for his/her own position. Typically, if there was no personal benefit, there would be no conflict.
Commr. Hanson questioned whether Commr. Swartz would support the project, if the TDC comes to the table with some dollars, and she questioned whether he had a dollar amount in mind, if the Board voted to support it.
Commr. Swartz felt that the appropriate direction would be to present it to the TDC again and explain to them how the project relates to economic development. If tourist dollars through the bed tax was the case, then the Board needed to indicate to the TDC that the money was needed to get the program started. It may not require the ongoing support that the TDC usually tries to avoid, but it seemed to be the appropriate place. Commr. Swartz stated that the Board should have the TDC look at these issues to try and determine how it might be appropriate and what levels to spend TDC dollars and make recommendations to the Board.
Commr. Gerber stated that, if you take into account what was being suggested as in-kind, and up to $20,000 matching funds, the TDC may only have to come up with less money.
Ms. Sue Whittle, County Manager, explained that she did not believe the County could commit 500 hours outside the efforts needed to do the County's own buildings, and staff had considered lighting the Historic Courthouse, the Administration Building, and the Public Works building, which would provide somewhat of a trail to the park that would be lighted by the City of Tavares. She stated that the County may be able to offer to the cities use of its available equipment.
Mr. Perry stated that any in-kind gestures would be very much needed particularly if they were to be successful with their goal of three million lights. He stated that they would like the Board to step forward with some dollars that match the funds that they are getting from the private sector.
Commr. Good stated that the TDC dollars are Board dollars, and the TDC is an advisory group to the Board and not a separate entity from the Board. He stated that the question would be whether the Board wanted to spend General Fund dollars, or restrict it to the funding source of the TDC.
Commr. Cadwell stated that the motion should come from the TDC liaison Commissioner, to commit the Board to in-kind services, to be worked out with the County Manager and the group; not any particular hours, but in-kind services; and to request the TDC to re-address this issue, with the Board looking to them as the funding source.
Commr. Swartz stated that he agreed with Commr. Cadwell, and if the project was going to move forward, then one of the commitments the County would make, and there would be some expenditure involved, would be to try and aluminate some of the County buildings. He would support a motion, whether it came from the liaison to the TDC, or from Commr. Cadwell, to take such action.
Mr. Perry stated that, even though the TDC supported them emotionally, The Daily Commercial was unable to get the funds necessary to order the lights, and they were running out of time.
Ms. Cullen stated that she has not started soliciting the businesses, and that effort would begin August 1, 1997.
Commr. Hanson stated that, as the concept gets more visible, people will be getting more involved, and the cities and businesses will begin to do more, and there will be a lot more happening without actually having to have the dollars. It was a coordinated effort by The Daily Commercial and not only that, the promotion of the project was necessary, and this was where she saw the TDC as a major player. Even if the TDC puts dollars into the project, she did not feel that the dollars should go to buying lights, but should go for promotion.
Commr. Good stated that it was his understanding, from the discussion, that there were some Commissioners who felt that, in this case, the TDC could step forward and support the project with some further dollars for the purchase of lights, or infrastructure, to get the project started, but they were hesitant to commit General Fund dollars. He noted that the Board will start going through its budget this month.
Commr. Hanson questioned whether, if TDC was to commit up to $50,000 in promotion, in either cash or in-kind, it would serve the same purpose.
Commr. Swartz stated that the presentation today was asking not only for in-kind in terms of labor, but also dollars, and The Daily Commercial went to the TDC primarily asking for dollars. If the TDC looks at the project and determines it is going to be beneficial from a tourist development economic standpoint, then he would support it, whether they supported it with additional dollars, or dollars in exchange. He would not vote today to spend the TDC's money without that review.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to request the TDC to reconsider the request that has been made to them by The Lights of Lake program, perhaps at a special meeting as necessary, to convey to them the Board's interest in their relooking at it and determining if it would be helpful to their economic tourist base development; secondly, the County would participate in lighting up one or more County buildings for the program; and lastly through the County Manager, she would work with Public Services and other County agencies to help provide the types of support for material and equipment and manpower that may be available.
Mr. Perry stated that they did need to order the lights, and they have approximately $10,000 committed from the business community. The Daily Commercial would be agreeable to putting up $10,000, as well, in the form of an interest free loan to order the lights. He questioned whether the Board could fund them at this level, or at the $20,000 matching level that they had originally requested for this year's program.
Commr. Swartz hoped that the TDC could meet as early as possible to evaluate the request and get back to the Board with its recommendation.
Mr. Perry extended his appreciation for the agreement made by the Board today.
RECESS & REASSEMBLY
At 10:35 p.m., Commr. Good announced that the Board would recess for 5 minutes
SOUTHLAKE FLORIDA QUALITY DEVELOPMENT NON-SUBSTANTIAL AMENDMENT
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and stated that staff was requesting approval of the Southlake Florida Quality Development Non-Substantial Amendment. Ms. Farrell stated that this was a Planned Unit Development located in south Lake County on the east and west side of US Highway 27. The new purchasers of Southlake Development have requested to amend the PUD Ordinance, as well as the Florida Quality Development Order (FQDO) with the State. The requested changes, as presented in today's package, would bring these into alignment with each other. The Amendment would also amend the Traditional Neighborhood Design (TND) criteria to bring them in line with the new theory and practices of the 1990s, as opposed to the 1980s, as created by Mr. Andres Duany. The Amendment also makes changes in the Transportation Element within the PUD and brings them up to today's Department of Transportation (DOT) standards, and some numbers were changed in the Affordable Housing Element. Ms. Farrell stated that her staff, as well as staff from Public Works, have spent an incredible amount of hours working with the Regional Planning Council, the Department of Community Affairs (DCA), and DOT, and she was here today with what she and staff felt was a good package. She stated that the FQDO was a State development order, and the PUD was a local development order. She noted the requirements of Administrative Code 9J-28, and stated that, on June 16, 1997, staff received a letter from Mr. Mike McDaniel, Growth Management Administrator for DCA, where he finds the proposed changes, after all staff review and modifications, to not constitute a substantial change, and he has asked staff to get a modified FQDO and PUD back to them by July 12, 1997, therefore, the need for today's item to be placed on the Addendum today. She noted that the Board had before them a copy of the draft FQDO that was sent to her yesterday, and staff was comfortable with the changes. She further noted that Tab 12 provided a summary of the proposed provisions for both the DO and PUD. Ms. Farrell stated that the changes were mainly text amendments, and staff did not go into changing any of the development plans, and because it was nonsubstantial, it did not offer the staff an opportunity to make any changes to any exhibits, as adopted with the original 1990 DO and PUD Ordinance.
Commr. Cadwell questioned whether this was a better project with the changes, from a planning aspect and a transportation aspect.
Ms. Farrell stated that staff was pleased to put the open space requirement in the PUD, as well as the recreation minimums, and there was also some minor language changes that, through the development review process, will make it an easier project for staff to review, and to get a better project. As far as transportation standards, she stated that, after all of the conferences and meetings, staff was pleased with what has developed into an agreement. She stated that it has been difficult, because of the location of the project and having to take into consideration three other counties. Ms. Farrell stated that she did not have anything in text that could promise a better project.
Discussion occurred regarding the issues that had been considered by staff when extending the expiration date and build out time for the project.
Commr. Good stated that he was concerned about the transportation in this particular area, and the number of units that have been allocated historically in that section of south lake and US Highway 27. He stated that the effect of the monitoring and the modeling will result in the County having information about what the impacts will be on the transportation system, but a design to remedy those impacts, or reduce those impacts, was not addressed.
Ms. Maryann Bardon, Transportation Engineer, Public Works, stated that the changes did not address the design. She stated that staff had a problem with the issue of providing the stop mechanism, in case the roadway went over the appropriate level of service as deemed for the Federal Interstate Highway (FIH) System and according to the DOT level of service. She noted that the speed limit was going up to 65 mph from the Lake County line all the way to the turnpike, which is the FIH System. Ms. Bardon stated that, at the breaking point after Phase I, staff will begin the monitoring and modeling, and if they reach a peak hour of 721 trips, this will be a stopping point. Permits will not be issued beyond that point, until mitigation, which will mean the physical impacts of the increased traffic flow will be reduced.
Commr. Good opened the public hearing portion of the meeting and called for public comment.
Mr. Bill Deas, Esquire, Jacksonville, appearing in behalf of the new owners of Southlake Development LTD, addressed the Board and stated that Mr. Jeff Cagan, General Partner of Southlake, Mr. Jeff Speck, Andres Duany's Office, Don McIntosh, Engineer from Orlando, Mike Wala, Design Architect from Orlando, and Bob Apgar, Growth Management Specialist from Tallahassee, were also present today. Mr. Deas stated that the Planning and Zoning Commission had recommended approval of the request to approve a nonsubstantial change to the FQDO and the amendment to the PUD Ordinance, and he was here today asking for Board approval of the request, as recommended by staff. He stated that they corresponded with the neighbors, and as far as he knew, they were in favor of the request. He explained that the only construction on Southlake was the 434 unit apartment project on the middle of the westerly parcel, which they had no participation in developing. In the purchase, they looked at both the FQDO and PUD Ordinance and identified provisions in each that needed to be updated and changed. Mr. Deas stated that this was going to be a unique project, and it was going to be the only TND project that provided affordable housing.
Mr. Jeff Speck, Director of Town Planning, Duany Plater-Zyberk & Company, Architects, presented historical background information about the firm he was representing, as well as discussed architectural designs that have been the product of Mr. Duany, and the location of each. Mr. Speck presented slides, which showed models of developments throughout the country and the Southlake plan. He stated that, in the question of whether Southlake was a better or worse project than it was before, from the perspective of his firm, the obligation of the new hearing gave them the opportunity to bring the plan up to their standards, which have changed quite a bit in seven years. Mr. Speck stated that they were satisfied that it was now as good as they could make it.
Mr. Deas addressed the issue of affordable housing and stated that there was a provision that allows for the income threshold to be updated every year, and they update by using the Orlando Municipal Service Area (MSA) standards.
Commr. Swartz stated that he had the highest regard for Mr. Duany and his wife and their planning efforts, and he has attended seminars of some of the best concepts for development that could be utilized, or encompassed, in what they have been trying to do. He stated that most of the things, which Mr. Speck showed and cast in a very negative light, were correct and unfortunately that was primarily, predominantly, almost exclusively the development that was occurring all over the State of Florida, and this Board, over the years, has been just as guilty of approving these, allowing these, and worst than that, encouraging these through the Land Development Regulations (LDRs). As a result, Lake County was experiencing the very same problems as all of the State of Florida and the rest of the country have experienced as they have grown, and that was the tremendous traffic problems, and all of the associated problems. Commr. Swartz stated that he supports TND concepts and other conservation type development programs, and he has the highest regard for Mr. Speck's employer. However, his concern was that, what has occurred at Southlake at this point does not come close to representing what Mr. Duany has tried to see in TND. He stated that it was absolutely an abomination and an ugly sore at the gateway to south Lake County. He was concerned that there was nothing before him today that would suggest that the County was ever going to end up with a TND community. As he reviewed some of the information that was provided, the idea that this was now going to be affordable housing, which was not normally a part of TND, was not correct. Commr. Swartz stated that it remains an abomination, it is absolutely multi-family, and there is virtually no single family development, and there was nothing in the FQDO or PUD Ordinance that would assure it would have any appearance, or any outcome related to what Mr. Duany has been preaching for years and years. Commr. Swartz stated that he voted against the project, because it so miserably failed to meet, in his opinion, what the FQDO process was designed to achieve, and it so miserably failed to meet any of Mr. Duany's expectations. He challenged Mr. Speck to tell him that this was not pod construction, because it was all multi-family. He saw nothing today that could assure him that there would be a different outcome from what was currently there.
Mr. Speck stated that he did not believe it was pod construction, and that Mr. Duany was happy with the project as a beginning of something that could fulfill the objectives of TND. He explained that it was very rare for TND to accomplish every objective of mixing every type, be it housing type or use type, of function. He further stated that there was no way that this project could ever viably support a significant school, because of the population. However, the plan has more potential of being more of a TND, because it was a higher multi-family. Mr. Speck stated that a TND needs not to be complete, but to satisfy their goals as being an improvement over pod development. He stated that there was nothing that makes a strictly multi-family development not a TND. There was already single family in the plan, but not very much, and then there was the affordability aspect of the project and the diversity goal, which they felt would be achieved.
Mr. Deas noted that they were not buying the present apartments, and they were not their responsibility, but they would be working with them. He stated that this was a TND development order, and it was full of TND.
Mr. Jeff Cagan, the new developer of the property, addressed the Board and stated that he had the same concern when seeing the property for the first time. He stated that he contacted Mr. Duany and said that they needed to look at the regulating document to see what they could do to change things. He found that the regulating document had been done by the Chapmans, and now Mr. Duany has done a whole new regulating document that has been filed with the State. Mr. Cagan explained that multi-family did not mean it had to be all apartments. He stated that there was a regulating document approved by the County and its staff, and the State, which has all of the regulations that were put in by Mr. Duany, based on 1997 information.
Mr. M. L. Waller, Principal of Charrette Design Group Architects, addressed the Board and stated that they were the first architects on the project, and the Board was right about the project. He and Mr. Duany had a difficult time doing the whole project, because they were working for an unpredictable owner. Mr. Waller stated that half of the things that were designed in the project were never done, because they were taken out arbitrarily. He stated that Mr. Cagan came to him with a totally different attitude, and he wants to make his money on his apartments from the rent. Mr. Waller has gotten orders from Mr. Cagan for the project to be done right, aesthetically, and he wants to do a good project. Mr. Waller stated that the TND would be achieved this time.
Commr. Swartz stated that he still had a problem, and if it is not in the Development Order in such a way that you can be assured of the outcome, then there is no assurance of the outcome.
Mr. Deas stated that there is a TND Development Order, and a TND regulating document attached to it, and they cannot do anything but TND.
Mr. Bob Apgar, Attorney, addressed the Board and discussed the regulating document that was drafted and revised by Mr. Duany to update it to the current 1997 TND standards. Mr. Apgar stated that this was the most restrictive design criteria he has ever seen for a development in the State of Florida. He further stated that the problem was the implementation by the prior owners.
Mr. Kamal Zaharin, Project Manager, addressed the Board and reviewed the master plan and the rights-of-way and parking that have been proposed for the project.
Mr. Apgar explained that multi-family covers a variety of housing types including attached single units.
Commr. Swartz explained that he has found some of the street changes, but the PUD Ordinance was changing very, very little. He stated that, until they get a better mix of housing types, they were not building a TND, but were building a variety of rental apartment type buildings.
Mr. Olin Fisher, Windemere, addressed the Board and stated that he has property on US Highway 27 one mile north of the property in question. He stated that his south line and their north line runs east and west for about one mile. He stated that he and Mr. Chapman had owned the property since 1954, and they had common boundaries. Now that the property in question was being bought, he questioned whether he would have enough room to turn his vehicles around when he cultivates his grove and harvests his fruit. He wanted some assurance that this could still be done. He wanted to know if the 25 foot strip that runs east and west could be maintained and insured.
Mr. Cagan stated that he had spoken to Mr. Chapman about the situation presented by Mr. Fisher, and they have agreed to let Mr. Fisher continue to turn his vehicles around on the property and farm his orange groves.
Mr. Sandy Minkoff, County Attorney, explained that, if Mr. Fisher wanted something in writing, it would be a document between the two parties.
Commr. Gerber expressed her concern about Mr. Fisher spraying his trees and having a group of people living 100 feet away.
Commr. Good called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Good stated that the action before the Board today was based on changes to an existing document. He stated that the TND design was something he felt would be appreciated by the south lake community, and it would result in a successful community. The attempt in making the changes, as well as the sale of the project, was to open the door to a different direction from what has occurred in the present apartments. Commr. Good did feel they were becoming consistent with the documents and the policy, but he did have severe concerns about the policy and with them accepting the Orlando MSA as affordable housing. He stated that before the Board today was the change and the PUD Ordinance, and he could support the request.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the Southlake Florida Quality Development Non-Substantial Amendment.
Under discussion, Commr. Hanson stated that she was going to take the word of those present today that the project would be better, and the regulations were restrictive.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Swartz voted "no".
RECESS & REASSEMBLY
At 12:10 p.m., the Chairman announced that the Board would take a five minutes recess.
ORDINANCES - FIREARM DISCHARGE
Mr. Sandy Minkoff, County Attorney, read proposed Ordinance 1997-53, by title only:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 14, SECTION 14-2 OF THE LAKE COUNTY CODE, REGULATING THE DISCHARGE OF FIREARMS WITHIN THE URBANIZED POLITICAL BOUNDARIES OF LAKE COUNTY, FLORIDA; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED ACTIVITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Good opened the public hearing portion of the meeting and called for public comment on the proposed Firearm Discharge Ordinance.
Mr. Carey Baker, Peterson Gun Shop, Mount Dora, addressed the Board and stated that he felt the proposed Ordinance was well written, and it protects the lawful use of firearms. He stated that he supports the effort of law enforcement to try and stop dangerous discharge of firearms, and he was a big supporter of firearm safety being in the gun business. Mr. Baker stated that there was a problem with the Ordinance, in relation to the State pre-emption. He reviewed the language in Chapter 790, in the State Firearm Laws, which indicated that all ordinances and regulations would be null and void that have been enacted by any jurisdiction other than State and Federal, which regulate firearms, ammunition and components thereof, to prohibit the enactment of any future ordinance or regulations relating to same and requires local jurisdictions to enforce State laws. Mr. Baker noted a letter that he had presented from Mr. Jon H. Gutmacher, P.A., which stated his opinion that the law interferes with several aspects of Chapter 790, and his opinion that the proposed ordinance was unconstitutional. He further noted that the Speaker of the House, Mr. Daniel Webster, also had the opinion that the County could not enact the ordinance. Mr. Baker felt that the County needed to spend extra time reviewing the State pre-emption to make sure the County could not be held liable. He stated that he was not opposed to the ordinance.
Sheriff George E. Knupp, Jr. addressed the Board and stated that the ordinance was drafted with the help of the County Commissioners, a member of his staff, and the general public that saw a need for the ordinance. The cities in the County do have an ordinance prohibiting weapons being fired near homes, and if they have these ordinances on their books, then they, too, would be in violation of the State law, as Mr. Baker has brought to the attention of the Board. He thought the Board may need to reconsider it, to make sure the County can pass it, and if so, he supported it.
At this time, the Board acknowledged those individuals in the audience that played a part in the process of developing the proposed ordinance.
Mr. Hersh (Bubba) Volat, addressed the Board and stated that he had the opportunity to serve on the committee that helped to develop the ordinance. He was a firm believer in gun control, and the ordinance was something that he and his neighbors could support. He only heard opposition pertaining to the number of rules and laws already on the books. Mr. Volat urged the passage and enforcement of the ordinance.
Ms. Sherry Wilkins addressed the Board and stated that individuals needed to have something that would help protect their children and family. Ms. Wilkins felt that it was now the responsibility of the Board to see that the County has something to protect them and to help the Sheriff. She felt that the Committee was able to present such a document for the Board's approval.
The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that he had strong concerns when the ordinance was first being proposed, and he was not totally convinced that the current Florida Statute does not cover the concerns brought forth, but if the law needs this tool to make this a safer place, then he would support it. He stated that the Committee developed a good ordinance that protects lawful use of firearms.
Mr. Sandy Minkoff, County Attorney, stated that there was an issue as to whether or not the State has pre-empted this area, and if so, this ordinance, like the Palm Beach Ordinance and the cities' ordinances, would not be valid. The pre-emption Statute does not specifically talk about firing of weapons, but it does address other issues. Since the Statute has been put into place, there has not been any cases found that invalidate a city or county ordinance regulating the firing of firearms. It was possible that the Statute could be declared to be void, if someone was prosecuted as a defense, in which case there may be the need for Legislative action at the State level.
Commr. Swartz commended Commr. Good, Sheriff Knupp, and the Committee members and those who worked to draft the ordinance, because it was formed in such a way that it dealt only with the inappropriate discharge of firearms. He referred to Page 4(c) and suggested that, under the exceptions, they be individually delineated, so that each sentence stands on its own. He felt that it was an achievement in Lake County, and there may be a question whether the ordinance exceeds the State Statute, but this would be determined if someone decided to challenge it. If it was found to exceed the Statute, then it would show that the State needs to amend its regulations.
Mr. Minkoff acknowledged the work of prior Judge Bill Milton, who actually wrote the draft of the ordinance.
Discussion occurred regarding the language on Page 3, (b), and Page 5 and the five acre provision, with Commr. Hanson recommending the deletion of the following language: "The prohibition is also not applicable to the discharge of shotguns utilizing shotshell on land which is zoned agricultural and which has a minimum parcel size of five (5) acres so long as such discharge poses no threat to another person or property as defined in Section (b)."
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Ordinance 1997-53, as read by title only, with the elimination of the sentence in Exceptions, as stated, and the enumeration of the other exceptions.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Carl Simpson, Mount Plymouth, addressed the Board and stated that he was representing Ms. Sandra Brunson, who operates a day care center in Mount Plymouth. Upon Ms. Brunson's completion of the State required course to operate a day care center, she obtained a license from the County for the center. After advertising for clientele, she found that she was in violation of the zoning, and she could only have five children. Mr. Simpson had a letter from the State saying that she could have five pre-schoolers, and five after-schoolers. The County told her that she would have to be rezoned and pay approximately $1,000 to $1,100 in a fee. The problem was the discrepancy between the County and the State requirements.
The Board directed Mr. Simpson and Ms. Brunson to meet Ms. Sharon Farrell, Senior Director, Growth Management, to discuss the matter.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Rodney Lyons addressed the Board and stated that he wanted to ask a question about the Environmental Protection Board. He noted that the item was not on the agenda. Mr. Lyons stated that there was a time when the Environmental Protection Board had the authority to impose fines, and now this Board was an advisory board. He questioned whether the County Commissioners were going to refund the peoples' money that were fined, because Florida Statute 162 gives the County the authority to create these code enforcement boards, and in Section 162.05, it indicates that a seven member board must be appointed. Mr. Lyons stated that this particular board had five members.
Commr. Swartz stated that Environmental Protection Board, which was earlier known as the Lake County Pollution Control Board, was created by a Special Act of the Legislature that enumerated the various positions and the number of positions, and during the time it was in place, it was operating under a Special Act and was consistent with it.
Mr. Sandy Minkoff, County Attorney, noted that Mr. Lyons could come to his office and obtain copies of the requested information.
RECESS & REASSEMBLY
At 12:50 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.
Ms. Lora Bailey, Engineer, Public Works, appeared before the Board to make a special presentation on the Stormwater Management Program Prioritization System. Ms. Bailey stated that this was a special workshop for the purpose of communicating the watershed management system approach. She noted that there were 252 watersheds in Lake County and eight criteria were developed by the Department of Public Works and applied to all of the watersheds. Ms. Bailey discussed the following criteria in detail:
1. Drainage problems and/or concerns
2. Flooding potential
3. Pollution potential
4. Receiving water body
5. Funding (cost-sharing) availability
6. Previous work
7. Major Basins
8. Population (Actual)
After the presentation, Ms. Bailey noted that staff did not weight any of the criteria, and the criteria was developed just for the studies.
Mr. Jim Stivender, Director of Public Works, noted that staff did a generic ranking based on the Comprehensive Plan evaluation of all of these basins.
Commr. Swartz stated that, in the Comprehensive Plan, there were areas identified as priorities, and Astor was one of them. He suggested that, if staff was going to use the major basins as a criteria and rank them based on the Plan, the Plan also includes priorities within the basins, so whatever was developed here needed to be transferred into the Plan, in terms of priorities, and it needed to flow with the funding for capital improvements.
Ms. Bailey presented the scores for the watersheds and referred to the major basin water map to note the top seven ranked watersheds.
Commr. Swartz noted that the number one watershed that the Comprehensive Plan identifies is Astor, and Astor is not reflected in the top seven.
After further discussion, the Board felt that there were other criteria that needed to be considered outside of the health and safety parameter.
Ms. Bailey noted that staff was doing an in-house study of Astor. She reports to the Board every quarter on stormwater management, but then there was the question of what to study in-depth next. She stated that Astor is addressed through the County maintenance system, and if staff is doing the in-house study and it identifies culverts that need to be replaced, these types of items will be done. Staff is also looking at a grant program for funding in that area.
Commr. Swartz stated that some of the criteria being used was appropriate. He discussed the eight listed criteria and noted that the first four appeared to be real quality/quantity issues.
Ms. Bailey understood that staff would prepare another draft of the criteria, with the cutoff at number four, unless there was other criteria that staff believed hit the science of water quality/water quantity. She stated that staff would be back before the Board on August 5, 1997, and she would like to get the information to the Board before that time. Ms. Bailey presented a ten minute stormwater video.
Mr. Bob Herndon addressed the Board and presented a letter from himself, as well as a letter from Mr. Del Potter, P.A., regarding Lake Gertrude. Mr. Herndon complimented staff for their presentation and stated that he had a couple of recommendations for the Board to consider. He suggested that, in considering the study of Lake Gertrude, the Board drop studying lake levels. He stated that this has little impact on water quality of that lake, and it is an expense that can be reduced. He stated that he would not even suggest studying septic fields, until the County and city are satisfied that they can energize a system for connecting all residents in both the County and the city. Mr. Herndon thoroughly recommended that the Board energize a portion of that study to design, to either retrofit or modify the storm sewers to get that situation under control, because that will solve a lot of the other problems. He stated that his main point of interest was water quality.
Mr. Bob Taylor, Executive Director of the Lake County Water Authority, addressed the Board and stated that, regarding the discussion about the criteria, he felt it was very important, when coming up with such a list and determining how to use it, that it be very clearly stated what the purpose is and what you are trying to accomplish with it. He stated that, in the weighting of the criteria, he would consider some of them to be more important than others. Mr. Taylor stated that he would support some of the comments regarding the need to focus on the more descriptive geographic physical type criteria, because he did not feel that the cost sharing funding should be taken into account in rating the importance of a project.
Commr. Hanson stated that, as a follow up to Mr. Herndon's letter, the issue regarding Lake Gertrude has been discussed for several months, and there has been no resolution.
Commr. Hanson made a motion to include funding in next year's budget to reduce and/or control stormwater into the pristine waters of Lake Gertrude.
The motion died for the lack of a second.
No action was taken by the Board.
CONTRACT, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Tab 24, which was pulled for discussion. Mr. Stivender stated that staff was requesting approval and execution of the First Amendment to the Agreement between Lake County and Reynolds, Smith and Hills (RSH), Inc., relating to the north-south bypass and east-west connector PD&E Study. Because of time delays with the County, and other issues associated with talking to the Department of Transportation (DOT), this has delayed the contract to where it has expired. He stated that the project was approximately 55 percent complete, and staff will be coming back to the Board in September with the findings of public comment.
Commr. Swartz stated that he was reluctant at the end of Phase I to go forward for the lack of any detailed funding, and he was more convinced now than ever that the road will not be paved soon. Commr. Cadwell reminded the Board that this was an impact fee project that involved municipalities as partners.
` Mr. Stivender stated that this was not an issue that needed to be decided today, because staff wanted the Board to hear all of the data, and the emphasis has changed from the original presentation.
Commr. Gerber stated that RSH is not billing the County monthly right now, because they are not doing anything, so she would like to see a real origin and destination study on the intersection of Highways 27/441, and Dixie and Highway 27 where South Street crosses Highway 27. She noted that a presentation was made to the Board on April 1, 1997.
Discussion occurred regarding whether another presentation should be made to the Board.
Mr. Don Griffey, Engineering Director, addressed the Board and explained that, when the contract was originally developed a couple of years ago, it was based upon the time line that was given to staff by the consultant to do the work, but now the contract has run out of time. In order for the County to pay the bills and the costs that have already been incurred, the contract needs to be amended. Mr. Griffey stated that staff would be coming back before the Board in September, after it consults with the Department of Transportation (DOT).
Commr. Swartz stated that the Board should look at the traffic needs, as it views them, as well as the traffic impacts. He requested that staff bring back information on those issues that the district Commissioners felt were most important and schedule an agenda item for September.
Commr. Hanson made a motion to extend the County's contract with Reynolds, Smith and Hills, Inc., for 60 days.
Mr. Sandy Minkoff, County Attorney, stated that the contract has a paragraph that allows the County to terminate at its convenience paying only for the work that has been performed up to that date. He stated that the contract can be extended for 60 days, if it is agreeable to the contractor. Any modifications to the contract requires both parties to agree other than termination.
The motion died for the lack of a second.
Commr. Swartz stated that the County should only have to pay for those things that the contract provided for within the time frames, which does not require any additional motion. If it was for anything that was beyond the contract, or after the contract expired, that might require additional action.
After further discussion, it was noted that the issue would be placed on a future agenda for discussion, and no action was needed by the Board at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY BUILDINGS/COMMUNITY SERVICES/COMMITTEES
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board to discuss the request for approval to use County facilities by the Lake County Cultural Affairs Council for the purpose of conducting artistic displays or cultural presentations. He stated that attached to the backup material was a draft agreement which establishes the eligibility and guidelines for the displays.
Ms. Maria Lawton explained a quilt project that had been made by children at risk, and she stated that Representative Everett Kelly has been contacted about displaying the quilts in the Capitol in Tallahassee. She noted that Lake County lacks representation for the visual arts.
Commr. Hanson made a motion to approve the request for the use of County facilities by the County Cultural Affairs Council for the purpose of conducting artistic displays or cultural presentations. Commr. Swartz seconded the motion for discussion.
Under discussion, Mr. Sandy Minkoff, County Attorney, explained that, on Page 2, IV. Selection, it refers to "committee", and the way that this was set up, this committee would be subject to the Sunshine Law. He suggested the following language: "This exhibition or cultural presentation event will be selected based on guidelines adopted by the Lake County Cultural Affairs Council. The County reserves the right to accept or reject any exhibit, event, presentation, or show at its discretion." Mr. Minkoff explained that, even though the language states "at your discretion", it did not mean that the Board has total discretion. He stated that there were going to be very limited areas where the County can exclude things that will be presented to it, based on the First Amendment. He further stated that guidelines could be set up, but even though something may be offensive to some, it may not be excluded in certain cases.
Discussion occurred regarding the language in Section VI. Sales, with Ms. Lawton noting that it would be best if this language was not included.
After some discussion, it was noted that the language in Section VI. Sales would have the following change: "provide a donation".
Commr. Hanson clarified the motion, as follows:
Page 2 - Change language to read "This exhibition or cultural presentation event will be selected based on guidelines adopted by the Lake County Cultural Affairs Council. The County reserves the right to accept or reject any exhibit, event, presentation, or show at its discretion."
Page 3 - Change language to read "provide a donation"
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Mr. Bruce Thorburn, Communications Systems Director, addressed the Board to discuss the request for approval to transfer/sale all properties of Performance Cable to Florida Cable, Inc., and to determine any additional requirements for authorization of said transfer/sale. He noted that the change would include an increase to the franchise fee to the FCC allowable five percent to correspond with all other service providers. The letter in the backup material from Performance Cable makes a request to leave the franchise fee at the current level. Mr. Thorburn suggested that the Board increase to the five percent, because of the Telecommunications Reform Act of 1996.
Commr. Swartz stated that, in regard to full channel of access, even though the County was only getting a portion of it, it did not mean that they were not obligated to provide a full access channel. On this issue, in order to bring them into full compliance with the County's existing ordinance, the Board needed to approve this request to transfer, with the franchise fee consistent with that which has been approved for all others, and to require the full channel of access.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the transfer/sale of all properties of Performance Cable to Florida Cable, Inc., with the requirement that the franchise fee will be increased consistent with those of all of the County's other cable channels that have been increased, and that they be required to provide the full channel of access that is necessary under the County's cable agreement.
Ms. Sue Whittle, County Manager, stated that she would like to modify the recommendation and required action on the Lake County Library System Information Technology Plan. Since this was the first time that the Board has seen the Plan, she would like to recommend that the Board receive it, and it can be brought back to the Board at another time for any comments and revisions.
Mr. Fletcher Smith, Senior Director, Community Services, stated that, in May, the FCC adopted the order recommending the library and school discount program for the Telecommunications Act (1996), and one of the requirements for applying for the discount was to have a technology plan that has been certified by the State or independent entity, which would allow the County to receive up to a 60 percent discount on telecommunications hookup.
Commr. Swartz stated that the Board needed to look at the request, because it does have significant budgetary consequences or impacts, and it needed to be looked at in the context of the budget and where the County was going in libraries.
Ms. Wendy Breeden, Library Services Manager, addressed the Board and stated that a deadline had not been established, however, it would be good to get the Plan to the State by September or October at the latest.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to accept the Library System Information Technology Plan.
ACCOUNTS ALLOWED/COUNTY BUILDINGS/COMMUNITY SERVICES
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board to discuss the request to approve the expenditure of funds in the amount of $121,000, to upgrade the network backbone so data transmission between the County Administration Building, Sheriff's Building, Jail, and Criminal Justice Facility, as well as internal data transmission within the County Administration, was more efficient. Mr. Anderson stated that, over a year ago, a "Start Team" was put together to perform an evaluation of the existing data systems, computers, and information network, which was built into the renovation and the new construction. Due to the rapid rate in the advancement of technology, the system would need to be enhanced. Mr. Anderson noted that there had been some closing down of data transfer between the Sheriff's Building and the Jail. He stated that the money would come from the infrastructure sales tax to help fund the upgrade of the network.
Mr. Chris Greco, Computer Technician, addressed the Board and explained, in detail, the need for the request and explained that he has considered several different technologies, with ATM becoming the high speed standard. Mr. Greco stated that ATM would provide the County with what it needed, with the flexibility to build into the future without having to change its standards, and to utilize the existing equipment without making it obsolete.
At 3:40 p.m., it was noted that Commr. Cadwell left the meeting.
ACCOUNTS ALLOWED/COUNTY BUILDINGS/COMMUNITY SERVICES
Ms. Sue Whittle, County Manager, continued the discussion about the upgrade of the network backbone and stated that staff has been looking at this issue for the last year and thought it could be budgeted into the next fiscal year. However, there has been some operation difficulties that have made it abundantly clear that this was something that needed to be done now.
Mr. Anderson noted that, one of the strongest indicators of the problem was the recommendation from the Start Team that, without the enhancement, there would probably not be the capacity to handle GIS.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the network backbone upgrade, as presented.
It was noted that Commr. Cadwell was not present for the vote.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Mr. Sandy Minkoff, County Attorney, presented the request to approve the execution of a Stipulated Settlement Agreement between the State of Florida, Department of Community Affairs (DCA), and Lake County regarding FLAWAC Case No. APP-96-015. Mr. Minkoff stated that this was a lot split that had started before the Comprehensive Plan was approved by the County. He did not believe the lot split was rendered to the Department of Community Affairs (DCA). Later, when building permits were issued on the two lots to the Ellingtons and Chris Fultz, the DCA appealed those two building permits and claimed that they were inconsistent with the Green Swamp rules in the Comprehensive Plan. There were some issues with the appeal and the timeliness of it, but in the end, they have agreed to dismiss the appeal, and the County has agreed to talk to them regarding lot-of-record issues. Mr. Minkoff noted that this was the case that uncovered the two different interpretations of lots-of-record between the County and the State. He clarified that the approval of the request would result in the dismissal of the appeal by the DCA and leave the permits outstanding.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved staff's recommendation of the Stipulated Settlement Agreement between the State of Florida, Department of Community Affairs, and Lake County regarding FLAWAC Case No. APP-96-015.
Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the appointment of Leslie Little as the Economic Development Commission of Mid-Florida's representative on the Lake County Impact Fee Evaluation and Review Committee.
Commr. Cadwell was not present for the discussion or vote.
At 3:50 p.m., it was noted that Commr. Cadwell had returned for the meeting.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Dale E. Bartch to the vacant position on the Industrial Development Authority, to fill the unexpired term of Judson Stringfellow.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following appointments to the Women's Hall of Fame Selection Committee: Carol Gregg, Wanda Andrews, Rena Poole, Paulette Alexander, and Joan Messina.
REPORTS - Commissioner Gerber - District #1
ENVIRONMENTAL ISSUES/COUNTY EMPLOYEES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to participate in Environmental Fund of Florida (EFF) fundraising efforts by re-authorizing an employee campaign.
REPORTS - Commissioner Swartz - District #3
Commr. Swartz discussed his request for a Land Use and Development Seminar in Lake County and stated that he had tried to outline, in brief, what he had in mind. He stated that this was an outgrowth of a discussion that he and Mr. Steve Richey had after the retreat in Fruitland Park.
Mr. Steve Richey stated that, after he and Commr. Swartz had their discussion in December, he contacted various members of the community to try and get a general consensus of participation, and he felt there was a broad base for support for the idea of coming together to re-evaluate Lake County and its future land use and development potential for the future, and he has committed to put together the groups, with hopes that the cost of funding this seminar would be shared by many of the organizations.
Commr. Swartz noted that he has been trying to reach Mr. Randall Arendt of the Natural Lands Trust to present a program, and if the Board approved the proposal, he hoped that Commr. Cadwell would take it to the League of Cities, because it could be very helpful to them.
Commr. Hanson informed the Board that, while attending Leadership Central Florida, she was told that Mr. Duane Dufreese, Brevard Community College, was going to speak to Leadership Lake County on July 31, 1997 about environmental and economic issues.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to further establish a Land Use and Development Seminar in Lake County, in cooperation with some of the business groups and chambers and other interested groups in Lake County, for a day hopefully in late August.
ADDENDUM NO. 1
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the appointment of Barbara Newman to the Conservation Element Advisory Committee.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Roy Scott to the Economic Element Advisory Committee.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Helen Kildea, Barry Wright, and Yeuell Watkins to the Housing Element Advisory Committee.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointments of Jane Pichette to the Intergovernmental Element Advisory Committee.
On a motion by Comr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the reappointment of Dr. Stacy John Berckes, M.D., President of the Lake County Medical Society, as the Medical Society's representative on the Lake County Comprehensive Health Care Committee.
REPORTS - COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, stated that, in the capital case, State vs. Smalls, Mr. Ron Fox, Attorney, was appointed to handle the appeal, and over a year ago, Mr. Fox had asked for attorney's fees. Mr. Bruce Duncan, then the Assistant County Attorney, argued the case and the judge issued an order for $9,000 in fees, which the County paid. About six weeks ago, Mr. Fox asked the court to reconsider the order and issue him additional fees, and the court has agreed to reconsider it. He stated that staff does no feel this is appropriate and would like to appeal the order, which would involve the filing of a Writ of Prohibition with the District Court of Appeal. He stated that approximately $8,000 to $9,000 is involved, and if the County loses the appeal, it may risk another $2,000 to $3,000 in fees.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved for the County Attorney to appeal the order issued by the court, in the State vs. Ron Fox case, as requested.
Ms. Sue Whittle, County Manager, reminded the Board that budget deliberations would begin at 9 a.m. tomorrow morning.
ADDENDUM NO. 1
REPORTS - COMMISSIONER GERBER - DISTRICT #1
Commr. Gerber discussed the request to approve the recommendations made by the Impact Fee Evaluation and Review Committee. She stated that the vote was 5-2 in favor of continuing in the program that had been configured from last year. She further stated that, in regards to day care, there would be a 50 percent waiver for one year. This would be coming to the Board in a separate recommendation. Commr. Gerber stated that, as the Committee goes through this process, it is finding that the study will have to be updated about as often as the ISTEA trip manual comes out.
Commr. Gerber made a motion, which was seconded by Commr. Swartz, to approve the recommendations made by the Impact Fee Evaluation and Review Committee.
Under discussion, Commr. Hanson stated that she was going to vote against the motion, because she did not think the County should be charging the impact fees for commercial and industrial. She had the same problem as the Committee, with the differences between the mobile homes and the homes. She felt that the study, as well as the recommenation of amounts, were flawed. She could not see moving forward with it when there were so many problems.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Hanson voted "no".
GAME AND FRESH WATER FISH COMMISSION
Commr. Gerber informed the Board that she had received a call from the Game and Fresh Water Fish Commission in regards to the consumptive use permit for Harbor Hills, because the Commission was in opposition to the consumptive use for Harbor Hills. She noted that they eventually want to do a drawdown.
Commr. Swartz stated that, whenever the Board had questions about consumptive use permits, or a request for the Public Service Commission (PSC), it had staff look at them and determine whether or not there was some reason for the Board to be concerned.
Mr. Steve Richey addressed the Board and stated that water is taken out of the lake, for only one reason, and that is because this is what is required by the St. Johns River Water Management District (SJRWMD), and this is the preferred way to take water out of a source for the purpose of irrigating. He stated that Harbor Hills had to close down all of its wells and had to take it out of the lake. Mr. Richey stated that $3.2 million was spent doing what the first agency had asked them to do, and now the second agency does not want them to do it anymore. He stated that they want the drawdown, they supported the drawdown, and the only thing they ask to be able to do is to provide an alternate source of water, or be compensated, so that they do not lose the golf course that was put in. Mr. Richey clarified that there was a drawdown proposal, and it went to the Board of the SJRWMD, and they voted to do the drawdown, if Game and Fish would indemnify and hold them harmless, and Game and Fish has refused to do this.
No action was taken by the Board.
ORDINANCES/JUVENILE ASSESSMENT CENTER
Commr. Hanson informed the Board that, at the last meeting with Father David Randolph, Juvenile Justice Council, a deputy from the Sheriff's Department gave her a copy of the a Seminole County ordinance authorizing the Clerk of the Court to collect a three dollar ($3) court cost, to be made available for the implementation and operation of a Juvenile Assessment Center. She thought the Board should start raising the money for the Assessment Center, although it would not cost very much to operate it.
Commr. Cadwell understood that the Sheriff wanted to run his own Detention Center, which he cannot do, and he had not heard the Sheriff's opinion on an Assessment Center. He noted that this particular ordinance gives the money directly from the Clerk of the Court to the Sheriff.
Mr. Sandy Minkoff, County Attorney, stated that the Statute requires that, before the County approves the ordinance, there be an agreement between the Sheriff and the juvenile justice assessment center, or between the Sheriff and the School Board for a suspension program. He stated that the Board would have to have the Sheriff's agreement, before an ordinance could be done.
Commr. Hanson stated that, she did not feel the Board was ready to do anything at this point, but she did feel that the Board needed to be discussing the issue with the Sheriff.
Commr. Gerber stated that she would like to see the Teen Court Program, and the Truancy Program put into place.
Commr. Swartz stated that he did not think it was premature for the Board to begin, at least at staff level, looking at it and having some discussion with the Sheriff, but the Juvenile Justice Council basically had asked the Director of the District 13 Juvenile Assessment Group to spend about 90 days looking at the possibility of some proposal that would include an assessment center. It might be appropriate to take some action depending on the outcome of that proposal.
REPORTS - COMMISSIONER GOOD - CHAIRMAN AND DISTRICT #2
Commr. Good informed the Board that he had received from Mr. Fletcher Smith, Senior Director, Community Services, a copy of a letter from Mid-Florida Community Services, Inc., asking for support of them being a provider of the WAGES program for Lake and Sumter Counties.
After some discussion, the Board directed Mr. Smith to bring the information to the Board tomorrow during the budget session for discussion.
Commr. Good informed the Board of a letter he had received from the Florida Association of Counties regarding the House Committee on Water and Resource Management researching a number of water-policy issues relating to "Local Sources First". The Chairman of the Water Committee was seeking input from various entities to individually draft a definition of what the concept means to them.
After some discussion, the Board directed the information to the Environmental Planning area of the County to define "Local Sources First" and to bring the information to the Board tomorrow during the budget session.
Commr. Good informed the Board of a letter he had received from Ms. Joanie Schirm, President, Geotechnical and Environmental Consultants, Inc., regarding the proposed 7th cent Infrastructure Sales Tax referendum being considered for this November in Orange County.
No action was taken by the Board.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:18 p.m.
WILLIAM "BILL" H. GOOD, CHAIRMAN
JAMES C. WATKINS, CLERK