The Lake County Board of County Commissioners met in regular session on Tuesday, October 21, 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 (Commr. Good was not present for the afternoon session); G. Richard Swartz, Jr., Vice Chairman; Welton G. Cadwell, Catherine C. Hanson (Commr. Hanson was not present due to another commitment); and 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. Cadwell gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell introduced Mr. Gary Padgett, a member of Leadership Lake County who was present doing his internship today.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 and Addendum No. 2 had been added to the agenda.
Mr. Sandy Minkoff, County Attorney, requested that discussion on Certification of the Tax Roll in advance of the Value Adjustment Board completing VAB business, and discussion on the pending All Seasons Resort case be added to the agenda under County Attorney Business.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved to place on the agenda discussion on Certification of the Tax Roll and discussion on the pending All Seasons Resort case.
Commr. Hanson was not present for the discussion or vote.
Ms. Whittle requested that Tab 18, update on the status of the closure of the Lady Lake Landfill; discussion of the possible courses of action available to the County; and authorization to proceed with the preferred course of action, be postponed until November 4, 1997.
MINUTE APPROVAL
Regarding the Minutes of September 9, 1997 (Regular Meeting), the following change was requested:
Page 22, Line 1 - delete "drain" and insert terrain.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of September 9, 1997 (Regular Meeting), as amended.
Regarding the Minutes of September 9, 1997 (Special Budget Meeting), the following change was requested:
Page 7, Line 3 - delete "Social Childrens".
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of September 9, 1997 (Special Budget Meeting), as amended.
Commr. Hanson was not present for the discussions or votes.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the following requests:
Accounts Allowed/Budgets/ Resolutions
Budget Adjustments for FY 96/97 and FY 97/98 from the Office of County Finance, as follows:
A. Resolutions
FY 1996/97:
1. Fund: Law Enforcement Trust Fund
Department: Sheriff
Revenue: Confiscated Property $1,040
Interest $ 252
Expenditure: Aids to Government Agencies $1,292
Amendment #: 97-421
Justification: Resolution No. 1997-194 to receive unanticipated revenue from confiscated property collected by the Sheriff's Office. Per Florida Statutes, all funds received from confiscated property shall be budgeted to the Sheriff.
FY 1997/98:
1. Fund: Landfill Enterprise Fund
Department: Solid Waste Management
Revenue: Hazmat Emergency Services $33,700
Expenditure: Several $33,700
Amendment #: 98-009
Justification: Resolution No. 1997-195 to receive unanticipated revenue from the Department of Community Affairs for conducting site-specific hazards analyses and hazardous materials emergency management activities in Lake County.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
112-98 Gunter W. Wittig Electric & Equipment
801-98 James L. Stinson dba Stinson Electric, Inc.
1453-98 John E. Slater (Building)
1542-99 Charles Welch (Residential Builder)
1613-98 John Brunson dba Brunson Electric, Inc.
1949-98 John Victor Farris dba Vic Farris Air Conditioning & Heating
1976-99 John Roper/Roper Enterprises, Inc. Dba All Service Company
4095-98 Karl Von Kaas dba Von Plumbing, Inc.
4098-98 S.E. Dollen, Inc. (Electrical)
4243-98 John S. Stevens dba Stevens Electric, Inc.
4388-99 Richard Hirsch dba Hirsch Electric
4419-99 Nelson L. Morrow dba Central State Electric, Inc.
4488-98 Florida Air & Heat, Inc.
4543-98 John S. Mudrick dba Air Engineers/Ductbusters
4616-98 Stephen W. Rust (Electrical)
4674-98 Craig M. Sorg/C.L.S. Electric, Inc.
4880-98 Charles M. Long dba C.A. Long Masonry, Inc.
4890-99 Thomas Eidson dba Devane Electric, Inc.
4989-98 Jerry Smith dba Jerry Smith Electric, Inc.
5039-98 Golden Triangle Air Conditioning & Refrigeration
5117-98 J.B. Johnson & James Cliff Johnson dba "Fore J" of Lake County dba
Johnson Electric
5173-98 Robert C. Robey (Masonry Contractor)
5251-98 Mary Jo Long dba C.A. Long Masonry, Inc.
5253-98 Ron Troutman (General)
5367-98 Edward J. Smith dba Associated Piping Services, Inc. (Air Conditioning)
5405-98 Ralph L. Drew, Jr. (Electrical)
5425-98 John T. Roman (Sign)
5453-98 Timothy C. Melville dba Melville Electrical Systems
5493-98 Keith Huntington dba Petros Electric & Lighting
5510-98 Arnoldo Zapatero dba A.Z. Heating & A/C
5537-98 Randy Alumbaugh (Residential)
5541-98 George Tiffany dba Quality Plus Electric, Inc.
Cancellation
4321-97 Stephen H, Fox (General Contractor)
4661-97 Banyan Construction & Development, Inc.
5493-97 Keith Huntington dba Petros Electric & Lighting
5510-97 Arnoldo Zapatero (Contractor)
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.
Audits/Reports
Request to acknowledge receipt of Deer Island Community Development District's Annual Financial Report and Audited Financial Statements for the fiscal year ended September 30, 1996.
Meetings
Request to acknowledge receipt of Notice of Public Meeting Schedule and District Map from the Village Center Community Development District for Fiscal Year 1998. The meetings will be held at the District Offices, 1133 Main Street, Lady Lake, Florida, at 9:00 a.m., on the last Friday of each month, as follows: October 31, 1997; November 21, 1997; December 19, 1997; January 30, 1998; February 27, 1998; March 27, 1998; April 24, 1998; May 29, 1998; June 26, 1998; July 31, 1998; August 28, 1998; and September 25, 1998.
Request to acknowledge receipt of Notice of Public Meeting Schedule and District Map from the County Club of Mount Dora Community Development District for Fiscal Year 1998. The meetings will be held at the County Club of Mount Dora, Clubhouse Dining Room, 1900 Country Club Boulevard, Mount Dora, Florida on the following dates: November 4, 1997; November 13, 1997; January 8, 1998; March 12, 1998; May 14, 1998; and July 16, 1998.
Request to acknowledge receipt of Notice of Public Meeting Schedule and District Map from the Deer Island Community Development District for Fiscal Year 1998. The meetings will be held at the Deer Island Clubhouse, at 10:00 a.m., 17450 Deer Island Road, Deer Island, Florida on the following dates: May 26, 1998; and July 28, 1998.
Budgets
Request to acknowledge receipt of District Boundaries Oklawaha Basin Recreation and Water Conservation and Control Authority in Lake County Map, as required by Section 189.418, Florida Statutes; and a copy of the Oklawaha Basin Recreation and Water Conservation and Control Authority's Final Budget for Fiscal Year 1997-98 from the Lake County Water Authority.
Request to acknowledge receipt of Annual Budget for the St. Johns River Water Management District for Fiscal Year 1998, adopted by the Governing Board on September 24, 1997.
Reports
Request to acknowledge receipt of Annual Report for Florida Development Finance Corporation for Fiscal Year 1996-1997, as required by Section 288.9604(4)(C) of the FDFC Act, from Florida Development Finance Corporation.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To Health Liability Management Corporation, United Telephone Company of Florida and All Other Interested Persons; Docket No. 960811-TI - Application for Certificate to Provide Interexchange Telecommunications Service by Health Liability Management Corporation. Notice is hereby given that a prehearing conference will be held on October 8, 1997, at 9:30 a.m.; and a public hearing will be held on October 22, 1997, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Commr. Hanson was not present for the discussion or vote.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the following items:
Grants
Request for approval and execution of letter of support to accompany a Talent Search grant application being submitted by Lake Sumter Community College for a talent search project designed to assist low-income students.
Bonds/Resolutions
Request for approval and execution of Resolution No. 1997-196 approving the issuance by Florida Development Finance Corporation of Industrial Development Revenue Bonds to finance Maritec Industries, Inc. in Lake County, Florida.
Bonds - Mobile Home
Request for approval of cancellation of Mobile Home Bond for C.R. and M.L. Borns and release of Check No. 1354 written to Lake County for $5,000.00 on April 7, 1997.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Resolutions
Request for approval and execution of Developer's Agreement for Maintenance of Improvements between Lake County and Greater Construction Company; acceptance of a Maintenance Bond, in the amount $32,429.00; release of a Letter of Credit for Performance, in the amount of $411,000.00; and approval and execution of Resolution No 1997-197 accepting the following roads into the County Road Maintenance System: Greater Trail "Part" #2-1456, Peppermill Trail "Part" #2-1456B, Crystal Creek Court #2-1456C, N. Greater Hills Blvd. "Part" #2-1458A, Indian Ridge Trail "Part" #2-1458B, Pointe East Trail "Part" #2-1458E.
Accounts Allowed/Assessments
Request for approval and execution of Change Order No. 1 to Forest View Road and Sixth Street Special Assessment Project No. SA-87 for additional drainage work, in the amount of $10,236.50, from the Transportation Trust Fund - Commissioner District 4.
Accounts Allowed/Bonds/Subdivisions
Request for approval to release a Maintenance Bond, in the amount of $27,085.00, for the Vistas Phase III Subdivision (aka The Vistas 2nd Addition).
Accounts Allowed/Bonds/Subdivisions
Request for approval to release a Maintenance Bond, in the amount of $6,007.32, for Cross-Tie Ranch Phase II.
Rights-of-Way, Roads & Easements/Subdivisions/Road Closings
Request for approval to advertise Road Vacation Petition No. 855 by Thomas G. Jones, President, Stratford Homes, Inc., to vacate utility easements, Woodridge, Phase I, Section 26, Township 24, Range 26, nearest town: Clermont - Commissioner District 2.
Rights-of-Way, Roads & Easements/Signs/Roads-County & State
Request for approval and execution of Resolution No. 1997-199 authorizing the posting of "No Parking on Right of Way" signs on both sides of Carolina Avenue #1-4118B from its intersection with Sunnyside Drive. #1-4122 to Sealine Drive #1-4118 in the Leesburg area.
Deeds
Request for acceptance of Drainage Easement, Non-Exclusive Easement Deed, and Statutory Warranty Deeds.
Purchasing/Utilities
Request for approval for departments to direct pay utility bills up to the approved budgetary limits; and authorization for each department director to designate an individual, or individuals, to approve such expenditures. Department directors will be responsible for providing Finance with a listing of such designated personnel. Examples of utility bills covered would be water, electric, telephone, gas, sewer charges, stormwater fees and the like. Funding is from various 430 accounts.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
AFFORDABLE HOUSING
Ms. Debbie Tinis, Community Development Specialists, and Ms. Kelly Pisciotta, Executive Director, Affordable Housing by Lake, Inc., appeared before the Board to present an update on the accomplishments of the Affordable Housing Program. At this time, the Board acknowledged the Affordable Housing Advisory Committee, past applicants, and partners that work with the Affordable Housing Program. Ms. Debbie Tinis explained that the Affordable Housing Program, with the assistance of Lake County government, participating partners, and the SHIP Grant, has accomplished putting 472 families in homes and has helped 87 households with needed repairs since the inception of the Affordable Housing Program five years ago. She presented graphs illustrating household income levels serviced, income requirements, awards per strategy type, and the Affordable Housing Year to Date Review, and discussed same. She explained that the households aided must be below the median area income levels and many were single parents, handicapped, elderly, or others on a fixed income. She discussed the economical impact of the Affordable Housing Program to Lake County and stated that the success of this program could be attributed to the partnerships developed with non-profit and for profit entities in real estate, lending, building, contracting, and service agencies.
Ms. Kelly Pisciotta presented a brief summary of the Affordable Housing By Lake, Inc. Education and Counseling Program and stated that Affordable Housing by Lake, Inc. was formed by governmental agencies, local lenders and concerned citizens because there was a loop of individuals missing out on the American dream of home ownership. She explained that education was the key to the program and was the reason there was a zero percent default rate. She stated that, since the beginning of the Affordable Housing Program in Lake County, 41 Community Homebuyer seminars have been held, 2,712 residents have been in attendance to receive their education on the American dream of home ownership, and 2,010 have gone through Affordable Housing by Lake for their home ownership counseling.
Mr. Carl Ludeke, Charlie Johnson Builders, appeared before the Board and emphasized how well Affordable Housing by Lake was working in Lake County and that the program in Lake County has been acknowledged throughout the State of Florida by builders and realtors. He stated that the maximum house price was $82,000, and that the majority of the applicants were coming from substandard housing or in a Section 8 program.
Mr. Lee Hokr, representing the fourteen municipalities in Lake County on the Affordable Housing Committee, appeared before the Board and expressed his appreciation to the Board of County Commissioners for their cooperation with the Affordable Housing Program.
PUBLIC HEARINGS
PLANNING/RESOLUTIONS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present an amendment to the Lake County Fee Schedule for the Department of Growth Management for Fiscal Year 1997-1998, and explained that there were three changes to Exhibit "A", and briefly discussed changes under PUD Master Preliminary Development Plan, PUD Subdivision Preliminary Plat 5 - 30 Lots, and Lot of Record.
At this time, the Chairman opened the public hearing portion of the meeting.
There being no one present wishing to discuss this amendment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1997-200, amending the Lake County Fee Schedule for Fiscal Year 1997-1998 for services provided by the Department of Growth Management.
Commr. Hanson was not present for the discussion or vote.
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. It was noted that no one wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS
Ms. Sue Whittle, County Manager, presented the recommendation to appoint Ms. Deborah Boulware to the position of Lake County Extension Director and briefly discussed the recruitment process.
At this time, Ms. Deborah Boulware was introduced.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Ms. Deborah Boulware to the position of Lake County Extension Director.
Commr. Hanson was not present for the discussion or vote.
ADDENDUM NO. 2
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/GRANTS
Ms. Sue Whittle, County Manager, presented a request to provide a grant to Virgil D. Hawkins Foundation, Inc., in the amount of $10,000, to assist in the establishment of the Hawkins Foundation.
Mr. T.H. Poole, Sr., representing the Virgil D. Hawkins Foundation, Inc., appeared before the Board and briefly discussed the mission of the Hawkins Foundation to establish, manage, and fund a Civil Rights Library and Museum to house the history and artifacts of Virgil Darnell Hawkins and other civil rights figures of the State of Florida, the nation, and the world. He stated that an official kick-off for this endeavor has been scheduled on October 25, 1997, at 7:00 p.m., at Vic's Embers on U.S. Highway 441, Leesburg, Florida and requested that a representative of the Board be present for the kick-off function.
Ms. Whittle stated that it was her preliminary recommendation to fund one-half of the grant from Board Contingency funds and that the Tourist Development Council be asked to provide one-half of the grant from TDC funds. She noted that the establishment and operation of a museum was an appropriate expenditure of TDC funds. She stated that she would bring back to the Board the actual funding sources.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to provide a grant to the Virgil D. Hawkins Foundation, Inc., in the amount of $10,000, to assist in the establishment of the Hawkins Foundation; and direct the County Manager to fund $5,000 from Board Contingency funds and to make a request to the Tourist Development Council to fund $5,000 from TDC funds.
Commr. Good requested that Commr. Swartz attend the official kick-off for this endeavor on October 25, 1997.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
ROAD-COUNTY & STATE/ROAD PROJECTS
Mr. Jim Stivender, Senior Director, Public Works, presented the recommendation to pave Robbins Road, a private road located in Section 4 and 9, Township 21 South, Range 26 East, in lieu of paving Ranch Road and explained that this request was a unique situation that staff has been working on for many years. He noted the location of the roads in question on an aerial map and briefly discussed the Robbins Road Summary of Activity that dates back to May 6, 1976. He stated that the residents in the area have been notified by certified mail and that two letters have been received in opposition to this request. He noted that a letter from the Department of Public Works, outlining the proposal for Ranch Road, located in Sections 3, 4, 9, and 10, Township 21 South, Range 26 East, has been signed off by Henry Dean, Executive Director, St. John's River Water Management District. He explained that the project would remove Ranch Road from the County's inventory; however, would not remove Ranch Road from the County's maintenance responsibility in conjunction with the agreement with the St. John's River Water Management District. He clarified that Public Works proposes that Lake County abandon maintenance on that portion of the unpaved Ranch Road as it currently exists; allow the clay portion of Ranch Road to become an access driveway within the St. John's River Water Management District property; the County would apply for a vacation of the abandoned portion of Ranch Road upon a request from the St. Johns River Water Management District at no cost to the District; and the County would authorize the St. Johns River Water Management District to construct a gate at the east end of the paved Peebles Drive, following construction and at the discretion of the St. Johns River Water Management District. He stated that the uniqueness of this issue warrants a situation that allows the County to transfer this and place their capital costs on Robbins Road. He stated that the request before the Board at this time was authorization to proceed with appraisals to determine the value of the property where the right-of-way has not been acquired and, if necessary, permission to move forward with the use of Eminent Domain.
Commr. Good announced that the Board would receive brief comments on the paving of Robbins Road and Peebles Road at this time.
Ms. Pamela Helton, a local resident and school bus driver for the elementary school children, appeared before the Board in support of the paving of Robbins Road and discussed safety issues relating to the school age children. She stated that she would have the ability to take the bus closer to where the children live if Robbins Road and Peebles Road were paved.
Mr. Chris Smith, a local resident, appeared before the Board in support of the paving of Robbins Road and requested that speed bumps be installed on the road to slow down traffic..
Ms. Linda Dennison, a local resident, appeared before the Board in support of the paving of Robbins Road and discussed the drastic reduction in maintenance of the road by the homeowners. She stated that her daughter must walk seven-tenths of a mile from her home to the school bus stop.
Ms. Sherrie Hargrove, a local resident, appeared before the Board in support of the paving of Robbins Road and discussed the poor road conditions, the difficulty of passing other vehicles because of the sugar sand, and concern for the safety of the children in the area.
Ms. Charlotte Hoppenstedt, Postmaster, Town of Astatula, appeared before the Board in support of the paving of Robbins Road and discussed the poor road conditions and problems with the mail trucks getting stuck on Robbins Road.
Ms. Susan Smith, a local resident, appeared before the Board in support of the paving of Robbins Road and stated that the garbage trucks were one of the major problems with the breakdown of the road.
Ms. Joan Gray, a local resident, appeared before the Board in support of the paving of Robbins Road and expressed concern that speed bumps would cause damage to tractor-trailer vehicles that use Robbins Road..
Ms. Kathy Van Dingstee, a local resident, appeared before the Board in support of the paving of Robbins Road and stated that her family recently moved to the area and were under the impression that the road was going to be paved. She expressed concern with the safety of the children at the school bus stop and emergency vehicles not having access to the residents in the area.
Ms. Pamela Helton reappeared before the Board and stated, for the record, that she was told by her realtor that Robbins Road would be paved.
Ms. Linda Dennison reappeared before the Board and stated, for the record, that she was told be her realtor that Robbins Road would be paved.
Mr. Ray Youngblood, a local resident, appeared before the Board in support of the paving of Robbins Road in lieu of paving Ranch Road and stated that he was told in 1971 that Ranch Road would be paved.
Mr. Alvin Beck, a local resident, appeared before the Board in support of the paving of Robbins Road and discussed the difficulty that emergency vehicles were having traveling down Robbins Road.
Mr. Raymond Byers, a local resident, appeared before the Board in support of the paving of Robbins Road for the safety of the children, and the homeowners.
Mr. William Smith, a local resident, appeared before the Board in opposition to the paving of Robbins Road, and discussed the abandonment of maintenance on Ranch Road. He expressed concern with the accessibility of his property and directed the Board's attention to a letter addressed to Henry Dean, Executive Director, St. John's River Water Management District, dated August 15, 1997, which proposes that Lake County, upon a request from the District, apply for a vacation of the abandoned portion of Ranch Road. He requested that the Board postpone this request until he has had time to consult with his legal counsel about clarification on the abandonment and maintenance issues. He requested assurance in a legal document from the St. John's River Water Management District, as well as from Lake County, that the maintenance would be maintained at the same standards that it was currently being maintained and that he would not be asked to vacate in the future. He stated that it was his understanding that, if the Board approved the paving of Robbins Road, maintenance would be shifted from Ranch Road. He stated that other issues that need to be addressed were property taxes, and the resale value of his property if he was forced to cut a driveway through his property.
Mr. Scott Sojourner, a local resident, appeared before the Board in opposition to the paving of Robbins Road and stated that they were hoping to find another solution without paving Robbins Road. He expressed concern with traffic speeds in the area and stated that paving Robbins Road was totally unacceptable. He stated that he prefers to live on a clay road. Mr. Joe Phantom, a local resident, appeared before the Board in opposition to the paving of Robbins Road and expressed concern with the safety of his daughter due to the speed of commercial vehicles using Robbins Road.
Mr. Chuck Newcomb, a local resident, appeared before the Board in opposition to the paving of Robbins Road and stated that his vehicle has never gotten stuck on Robbins Road and expressed concern with the speed of traffic on a paved road. He explained that there was a whole dynamic to living in the country on a clay road that you cannot get on a paved road, and expressed concern that the community has been divided by this issue.
Ms. Lavonne Silvernell, a local resident, appeared before the Board in opposition to the paving of Robbins Road and expressed concern with the loss of quality of life for herself and her mother if Robbins Road was paved. She stated that, as a member of the Florida Native Plant Society, she realizes that the sand pine scrub was a unique habitat and that there were a number of animals and plants in the sand pine scrub that are found in very few other locations. She stated that the people that bought and built on Robbins Road did so with the knowledge that it was a clay road and they made that choice. She discussed the issue of taking property by eminent domain and stated that it would be an expense factor for the County if it becomes common knowledge that this process is used.
Ms. Carol Kidd, a local resident, appeared before the Board in support of the paving of Robbins Road, and discussed the slick, muddy road conditions of the roads in the area, and the dangerous access down Ranch Road for the school bus.
Ms. JoAnn Sojourner, a local resident, appeared before the Board in opposition to the paving of Robbins Road and requested clarification on the location of the proposed gate. She expressed her opposition to a gate at Peebles Road and Robbins Road due to safety issues in the event of a fire in the area. She presented a brief video tape of Robbins Road which illustrated vehicles speeding along Robbins Road, and expressed concern with speed enforcement, and stormwater management in the area. She proposed that a barrier be used to pave a portion of Robbins Road and a portion of the road remain clay. She submitted three petitions with signatures in opposition to the proposed request.
Mr. Robert Castle, a local resident, appeared before the Board and explained that he has access to both roads and requested that the Board postpone this issue until the underlying agenda is made known.
Ms. Jane Jackson, a local resident, appeared before the Board in opposition to the paving of Robbins Road and requested clarification on the costs to the residents for this project and what process would be used if additional right-of-way was needed for stormwater maintenance.
Ms. Jerry Newcomb, a local resident, appeared before the Board in opposition to the paving of Robbins Road and explained that she was a terminal cancer patient and that there have been no problems with Hospice reaching her home due to poor road conditions. She expressed concern with the speed of traffic in front of her home and stated that there was no problem with the maintenance of Robbins Road.
Mr. William Smith reappeared before the Board and reiterated his previous concerns and requesting further clarification on the future plans of the St. John's River Water Management District, maintenance abandonment, and vacation of the abandoned portion of Ranch Road. He again requested that the Board postpone this request to allow he and his legal counsel time to review the issues.
Ms. Tracy Baseman, a local resident, appeared before the Board in support of the paving of Robbins Road, and stated that flooding was a problem in front of her home. She stated that her children would love to ride their bikes on the road; however, they cannot because the sugar sand was so thick.
Commr. Swartz stated that clearly the majority of the residents who live along Robbins Road would benefit from having Robbins Road paved. He stated that the issues that have been brought up would be addressed and the action that the Board may take today does not mean that all of the decisions have been made. He stated that traffic calming issues would be addressed, and the road width would be addressed to help slow the traffic. He stated that he would not support a road vacation until such time that it was clear that all of the people that have relied on Ranch Road in the past for access to their property could either continue to access their property from Ranch Road or have chosen to access it through a different way. He stated that he would be committed to seeing a resolution come back to the Board that would make it very clear that the County will maintain Ranch Road at least to the level that exist today in order to provide access to those residents who currently use Ranch Road.
Commr. Gerber stated that the paving of Robbins Road would forever change the dynamics of the neighborhood; however, it was not so much the changing of the road that has changed the dynamics as it was the number of families that have moved to the area. She stated that it was the Board's responsibility to make sure that services be provided to everyone in the area.
Commr. Good stated that the issue of paving Robbins Road raises the question of what level of service is rural. He stated that he would support a motion to support the paving of Robbins Road and requested that the residents in opposition to the paving remain involved in the discussions throughout the process.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, for approval for the Department of Public Works to prepare a resolution to reclassify Robbins Road, Peebles Road and Ranch Road; to approve to place Robbins Road and Peebles Road on the County road paving program; and to authorize the use of Eminent Domain to acquire the necessary right-of-way.
Commr. Good requested that the motion include notification to the property owners when the road resolutions come back to the Board for approval.
Ms. Whittle confirmed that notification would be made to the property owners prior to approval of the road resolutions.
Commr. Swartz suggested that the residents look at road designs as they become available to provide input in the design of Robbins Road and Peebles Road. He stated that the residents would have the opportunity to review the resolutions to assure that all of the issues of concern were addressed.
The Chairman called for a vote on the motion, which carried unanimously by a 4 - 0 vote.
Commr. Hanson was not present for the discussion or vote.
RECESS & REASSEMBLY
At 11:35 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 11:45 a.m.
PERSONAL APPEARANCES (CONTINUED)
WORKSHOP: UPDATE ON THE POLLUTION PREVENTION AND NEW CESQG PROGRAM
Mr. Gary Debo, Division Director, Department of Solid Waste Management Services, appeared before the Board to present a workshop on the status of the Lake County Pollution Prevention Program; at which time, he distributed a booklet titled Lake County Environmental Outreach Program. He noted that the Pollution Prevention Program has been renamed the Lake County Environmental Outreach Program and explained that, in January 1997, the Department of Solid Waste Management Services began an active roll in the development and implementation of an aggressive Pollution Prevention Program (P2). He stated that the P2 program enables staff to visit businesses in Lake County to determine if hazardous waste is generated and to assist in the disposal of these types of waste through source reduction, waste minimization, and on-site recycling recommendations, and also enables staff to deliver to businesses an information package of available disposal alternatives and waste handling methods. He stated that staff distributed a questionnaire/survey to businesses in Lake County and staff commenced on-site assistant visits in June 1997. At this time, Mr. Debo discussed the current status of the P2 program, its purpose, its benefits, results of the survey conducted in May, analysis of the responses, observations, ways to enhance the program, improvements to the public awareness and participation, next steps for the existing program and Lake County's future planning.
Mr. Don Post, Senior Director, Department of Solid Waste Management Services, appeared before the Board and stated that the Florida Department of Environmental Protection (FDEP) has identified Lake County as one of the most active government programs implementing the Pollution Prevention Program (P2), and FDEP has indicated that Lake County's input in the P2 program in Florida will be useful in the future direction of the P2 efforts throughout the State.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the appointments of the following individuals to the Lake County Agricultural Advisory Committee as members representing commercial agriculturists:
John Kennedy Sue Morris
Bill DuVall S.J. Stephany
Brian Huffman Russell Bryan
Mike Rinck Brad Blanton
Bret Wood John Arnold
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Richard Royal to the Lake County Agricultural Advisory Committee as an allied agricultural field representative.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of John Jackson to the Lake County Agricultural Advisory Committee as a member representing the University of Florida.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of John Tedder to the Lake County Agricultural Advisory Committee as a member representing agricultural marketing.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Nolen Joy to the Lake County Agricultural Advisory Committee as a member representing agricultural education.
Commr. Hanson was not present for the discussions or votes.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of David Springstead to the Lake County Code Enforcement Board as an engineer representative for a three year term expiring October 31, 2000.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Charles K. Jacobs to the Lake County Code Enforcement Board as a member at large representative for a three year term expiring October 31, 2000.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the appointment of James E. Sisco to the Lake County Code Enforcement Board as a member filling the position of sub-contractor for a three year term expiring October 31, 2000.
Commr. Hanson was not present for the discussions or votes.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented a request from Nabors, Giblin, and Nickerson, P.A., outside counsel for Lake County, to retain Tampa Bay Engineering Group, Inc. as an expert to assist in the Todd v. Lake County eminent domain litigation.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved to retain Tampa Bay Engineering Group, Inc. To assist in the Todd v. Lake County eminent domain litigation.
Commr. Hanson was not present for the discussion or vote.
RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, presented this request.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1997-198 opposing adoption of minimum standards by the Supreme Court which would require trial courts to appoint two attorneys in each death penalty case.
Commr. Hanson was not present for the discussion or vote.
VALUE ADJUSTMENT BOARD
Mr. Sandy Minkoff, County Attorney, informed the Board that Mr. Bob McKee, Tax Collector, has requested that the Board of County Commissioners order that the Tax Roll be certified in advance of the Value Adjustment Board completing the hearings. He stated that it was his recommendation that the Board order that the Tax Roll be certified so that the tax bills could be mailed on November 1, 1997.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board ordered that the Tax Roll be certified in advance of the Value Adjustment Board completing the hearing proceedings.
Commr. Hanson was not present for the discussion or vote.
ACCOUNTS ALLOWED
Mr. Sandy Minkoff, County Attorney, requested approval to participate in a tax deed sale on October 27, 1997 for All Seasons Resort, an R.V. park, and explained that All Seasons Resort owes approximately $900,000 in back taxes to Lake County. He stated that the appraisals on the property were significantly greater than the tax lien. He requested authorization to bid the amount of back taxes owed to the County, in the amount of $900,000, on advice of the County's attorneys.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved authorization to participate in the tax deed sale on October 27, 1997 for All Seasons Resort; and authorization to bid up to $900,000, the amount of the tax lien.
Commr. Hanson was not present for the discussion or vote.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved Proclamation No. 1997-192 proclaiming November, 1997 as Adoption Awareness Month in Lake County.
Commr. Hanson was not present for the discussion or vote.
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT NO. 2
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 1997-193 recognizing and thanking Mayor Joseph Morrin; Town Clerk Helen Pearce; and Assistant Town Clerk Patricia Morrin for having serviced the Town of Montverde for a combined total of twenty-three years.
Commr. Hanson was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the reappointment of Commr. Richard Swartz to the Lake Community Action Agency Board of Directors for 1998 as a representative of the Board of County Commissioners.
Commr. Hanson was not present for the discussion or vote.
DISCUSSION ON ANNEXATION BY COMMR. GOOD
Commr. Good brought up for discussion the issue of annexation and the types of annexations that the Board considers appropriate. He displayed on the monitor an example of an annexation that he considered an extreme measure encouraging arching and encircling, and he questioned what was an appropriate annexation. It was noted that the rules for annexation were outlined in Florida Statutes. He stated that the purpose of the discussion at this time was to bring to the attention of the Board that the type of annexation in the example on the monitor does occur and that it may be timely for the Board to look at the policy of accepting all annexations.
Commr. Cadwell suggested that the Board choose a vehicle to discuss the annexation issue with either the cities or County staff in a workshop setting. He stated that there were many issues to address dealing with annexation.
Commr. Good requested that the County Attorney look at the legality of the specific annexation displayed on the monitor.
Commr. Swartz requested that the County Manager and the County Attorney prepare a workshop to provide the Board with the opportunity to review the issues related to voluntary and involuntary annexation and the perimeters of annexation, as addressed in Florida Statutes, so that the Board could better understand the issues.
Mr. Minkoff stated that the Joint Planning Agreements with the municipalities contemplated that each municipality and the County would agree where the municipalities should and should not be annexing. He suggested that the Joint Planning Agreements would be one vehicle with which to solve this problem.
At this time, it was the consensus of the Board to direct staff to schedule a workshop on the issues of voluntary and involuntary annexation.
MEETINGS
Commr. Cadwell requested that the presentation on the Parks and Recreation and Open Space Systems by Dave Barth of Glatting, Jackson, Kercher, Anglin, Lopez and Rinehart, tentatively scheduled on November 4, 1997, be rescheduled to a later date to allow the presentation to be made to the Parks and Recreation Advisory Board prior to being made to the Board of County Commissioners.
INFORMATIONAL
PLANNING
The following vested rights determination has been issued:
Lots 1 through 5, Block 26, and Lot 1, Block 55, Mount Plymouth, as shown on the plat of record in Plat Book 8, Page 85, Public Records of Lake County, Florida.
Lake County will not deny the owner of Lots 1 through 5, Block 26, Mount Plymouth, as recorded in Plat Book 8, Page 85, the opportunity to develop the property in accordance with the R-6 Zoning District, as one (1) buildable lot, provided this vested rights determination is recorded in the Public Records of Lake County, Florida, within three (3) months from the date of this vested rights determination.
Vested Rights Determination Relating to Lakefront Motel, Travel Trailer Park and Restaurant
Lake County denies any vested rights associated with property being the subject of rezoning Resolution No. 1-71, Case No. 76-70-1, and property being the subject of Conditional Use Permit Case No. 308-2. Lake County considers the subject property a legally existing nonconforming use consisting of a motel and recreational park with a restaurant oriented to the interior of the park for tourist.
RECESS & REASSEMBLY
At 12:55 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
WORKSHOP WITH THE LEAGUE OF CITIES: GAS TAX FORMULA AND DISCUSSION OF 5 CENT LOCAL OPTION GAS TAX
Commr. Swartz, Vice Chairman, noted that Commr. Good would not be present for the afternoon session due to another commitment and that Commr. Hanson was not present.
6 Cents Local Option Gas Tax
Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board and explained that the workshop between the Board of County Commissioners and the League of Cities was for the purpose of discussing the formula for the existing 6 Cents Local Option Gas Tax. It was noted that backup had been distributed prior to the workshop. Mr. Stivender stated that the proposed formula was presented to the Board on August 19, 1997, and that staff meet with the League of Cities on September 12, 1997. He stated that the normal formula used in state law for distribution of the Local Option Gas Tax funds was to use transportation expenditures over a five year period. He explained that the current distribution of the 6 Cents Local Option Gas Tax, as of October 1, 1997, provides Lake County with 66.3767% for a revenue estimate of $3,648,038 and that the proposed reallocation using Maintained Road Miles/Population provides Lake County with 63.1852% for a revenue estimate of $3,472,635 or a loss of revenue in the amount of $175,402. At this time, he briefly discussed other proposed distribution options, as follows: 5 Year Transportation Expenditures 75%/Population 25%; 5 Year Transportation Expenditures 65%/Population 35%; 5 Year Transportation Expenditures without Impact Fees; and 5 Year Transportation Expenditures without Impact Fees 65%/Population 35%.
Mr. Robert Moore, President of the League of Cities and the Tavares City Council, appeared before the Board and distributed the League of Cities Road Miles Maintained Analysis. He explained that on June 17, 1997 the League of Cities made three recommendations to the Board of County Commissioners on the distribution of the 6 Cents Local Option Gas Tax. He stated that the League of Cities has used one common formula for all 6 Cents using current numbers; no impact fees would be included because the County is the only one who can levy and spend the funds and a substantial portion of the funds do come out of the cities secondary to city activities; and a validation committee would be established comprised of county and city representatives and said committee would develop compliance audit criteria which would help to insure fairness and equity of the funds. He stated that it was the recommendation of the League of Cities to use a 5 Year Transportation Expenditures 65%/Population 35% split and that they feel said option meets the test of fair and equitable. He discussed the costs associated with maintaining a city road mile versus a county road mile, and stated that, on an average, $1.63 was expended on a per road mile within the cities for every $1.00 that is expended within the County. At this time, extensive discussion occurred regarding the various distribution options and the Road Miles Maintained Analysis, and Mr. Moore stated that the objective of the League of Cities was to derive at one formula that both the County and Cities could sign off on that was fair and equitable.
Commr. Cadwell made a motion, which was seconded by Commr. Gerber, to establish a County-City Validation Committee to be comprised of three (3) County representatives and three (3) League of Cities representatives for the purpose of establishing expenditure criteria for the 6 Cent Local Option Gas Tax by November 15, 1997.
Commr. Swartz suggested that Commr. Cadwell serve on the County-City Validation Committee and that the County Manager select two (2) additional members to serve on behalf of the County.
The Vice Chairman called for a vote on the motion, which carried unanimously by a 3 - 0 vote.
Commr. Hanson and Commr. Good were not present for the discussion or vote.
Commr. Swartz noted that Commr. Cadwell would serve on the County-City Validation Committee and that the County Manager would select two (2) additional members to serve on behalf of the County.
5 Cents Local Option Gas Tax
Mr. Stivender discussed the timelines for approval and adoption of the 5 Cents Local Option Gas Tax and explained that staff was in the planning stages of getting the Lake County Comprehensive Plan issues addressed and submitting capital improvement programs that would be placed in the Lake County Comprehensive Plan. He directed the Board's attention to the proposed 5 Cent Local Option Gas Tax Program chart which identified roads in rural Lake County where sufficient impact fees were not being collected to improve the roads because of the low density in the areas. He stated that the estimated cost of the five year total Countywide resurfacing program was $5,312,167.25, and explained that a full 5 Cents Local Option Gas Tax generates approximately $2,452,965 using a formula of 63.19% for the County and 36.81% for the Cities, or $500,000 per penny. He requested direction from the Board to proceed with the Comprehensive Plan Amendments.
Mr. Moore stated that the League of Cities has not reached a vote on the 5 Cents Local Option Gas Tax and has no position at this time. He stated that he would send communications to all of the cities asking for their position on the 5 Cents Local option Gas Tax, and would consolidate the positions of all fourteen (14) cities.
Mr. Stivender discussed the benefits of keeping a similar time frame for the approval and adoption of the 5 Cents Local Option Gas Tax and the approval of the new 6 Cents Local Option Gas Tax formula.
Commr. Swartz stated that there was a consensus to direct staff to prepare the necessary Lake County Comprehensive Plan amendments.
Commr. Hanson and Commr. Good were not present for the discussions or vote.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:00 p.m.
WILLIAM "BILL" H. GOOD, CHAIRMAN
ATTEST:
____________________________
JAMES C. WATKINS, CLERK
msf\10-21-97\11-4-97\boardmin