The Lake County Board of County Commissioners met in regular session on Tuesday, August 17, 1999, 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Sue Michaelsen, Executive Secretary, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle, County Manager, stated that there were no additions to the agenda, but there were two changes. Ms. Whittle stated that Tab 29, which is listed under Departmental Business, has been advertised as a public hearing, and Tab 31 regarding a Joint Participation Agreement between the Orange County Board of County Commissioners and the Lake County Board of County Commissioners for Consulting Engineering Service for the Transportation Alternative Study, needs to be pulled and rescheduled for another date.
Commr. Cadwell stated that, under his business, he had a couple of items to add that would probably not require action by the Board. He wanted to discuss the red light at the new school, and the calls that the County has been getting on the additional tax exemption for senior citizens.
Discussion occurred regarding the Minutes of July 13, 1999, Regular Meeting, with the following changes being made:
Page 8, Line 13: Correct "Sannah" to "Sanna"
Page 10, Line 31: Correct "October" to "July"
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 13, 1999, Regular Meeting, as corrected.
Discussion occurred regarding the Minutes of July 22, 1999, Special Meeting, Budget Workshop, with the following amendment being made:
Page 6, Lines 12 and 13: Amend language to read as follows: "Commr. Hanson stated that there were several large parcels in Mount Plymouth that will be developed in the near future, and the County will need to look at the possible need for utilities in the area, and Astor is another area that needs to be looked at."
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 22, 1999, Special Meeting, Budget Workshop, as amended.
Discussion occurred regarding the Minutes of July 23, 1999, Special Meeting, Budget Workshop, with the following amendment being made:
Page 3, Line 3 - Amend: "can be" to "should"
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 23, 1999, Special Meeting, Budget Workshop, as amended.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following requests:
Acknowledged receipt of the 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
Approved Contractor Bonds, as follows:
4560-99 William J. Klein
4882-99 Richard C. Copeland Jr./Copeland Electric, Inc. (Electrician)
5713-99 Gary Parkinson d/b/a Parkinson Plastering, Inc.
5714-00 Chris A. Solazzo (Electrical)
5715-99 Robert C. Dietz (Class "A" General)
5716-99 David Sparks d/b/a David Sparks Custom Framing
5717-99 William L. Mielke d/b/a Solf Drink Systems of Orlando, Inc.
5718-99 Thomas Quenette d/b/a United Refrigeration Inc.
5719-00 Bradley Alan Raver d/b/a Raver Roofing, inc. (Roofing)
5720-99 Krystie Harward d/b/a Ocean Breeze Pools Inc.
Acknowledged receipt of the Proof of Publication of unclaimed moneys and payment to the Board for those moneys advertised less claims and publication costs. Fiscal/Budgetary Impact: $5,811.84 less amounts claimed and publication costs will be receipted as fines and forfeits revenue before September 25, 1999.
Acknowledged receipt of the copy of Application for Transfer of Certificate, Legal Notice, as follows: Notice is hereby given on July 21, 1999 pursuant to Section 367.071, Florida Statutes, of the application for a transfer of Water Certificate No. 560-W and Wastewater Certificate No. 488-S in Lake County held by Lake Yale Utility Company from Lake Yale Corporation d/b/a Lake Yale Utility Company to Lake Yale Treatment Associates, Inc., providing service to the described property in Lake County. Any objection to the said application must be made in writing and filed with the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within thirty (30) days from the date of this notice. At the same time, a copy of said objection should be mailed to the applicant: Lake Yale Treatment Associates, Inc., 11643 Martel Court, Leesburg, FL 34788.
Approved and authorized signature on the Satisfaction and Release of Fine, Clarence Thornblad, Order of Fine in the amount of $400.00, dated June 17, 1999 and recorded in OR Book 1726 Pages 210-211 of the Public Records.
Budgets/Water Management District
Acknowledged receipt of the Southwest Florida Water Management District August 1, 1999 Standard Format Tentative Budget Submission for FY 1999-2000 (Pursuant to Section 373.536, Florida Statutes).
Acknowledged receipt of the following: Before the Florida Public Service Commission, Notice of Commission Hearing and Prehearing Conference to Mr. Mark D. Ridley and All Other Interested Persons, Docket No. 971279-TC, In Re: Cancellation by Florida Public Service Commission of Pay Telephone Certificate No. 3905 Issued to Mark D. Ridley for Violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees. The hearing will be held Friday, September 3, 1999, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. The prehearing conference will be held Monday, August 16, 1999, 1:30 p.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, informed the Board that she had a request to pull Tabs 7 and 13 for discussion.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following requests, Tabs 3 through 23, County Manager's Consent Agenda, and pulling Tabs 7 and 13 for discussion:
Accounts Allowed/Grants/Community Services
Request for approval and release of Notice of Funding Availability and Request for Proposal for the Human Services Grant in Aid Funds for fiscal year 1999/2000 in the amount of $40,000.00.
Accounts Allowed/Grants/Community Services
Request for approval to submit an electronic application for the Local Law Enforcement Block Grant Program for FY 1999 through FY 2001, in the amount of $111,773.00 designating Robbie Hollenbeck to complete the grant application. The cash match of $12,419.00 shall be provided by the local recipient(s) of the grant award.
Request for approval and authorization of Resolution 1999-134 to amend the Lake County Housing Assistance Plan (HAP) to expand a strategy allowing eligible sponsors to apply for SHIP funds as a match for HOME applications under the Home Ownership and Construction Loan Program, authorize a Request for Proposal for eligible sponsors, and authorize the Chairman to sign a letter of commitment to set aside funds as required for the HOME application to the Florida Housing Finance Corporation.
Grants/Water Management District/Libraries
Request for approval to accept the Southwest Florida Water Management District Grant for county libraries in its service area to increase our collection with water and/or water resource materials.
Accounts Allowed/Central Park/Facilities and Capital Improvements
Request for approval of Change Order No. 3 to Boykin Enterprises, Inc. for an increase in the scope of services for the Christopher C. Ford Central Park in the amount of $9,914.00.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities/Grants
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Leesburg who are recipients of the grant for FY 99/00, in the amount of $15,000.00.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the Trout Lake Nature Center Museum, who are recipients of the grant for FY 99/00, in the amount of $10,000.00.
Accounts Allowed/Outdoor Recreation/Municipalities
Request for approval to increase the amount funded for Paisley Park in the amount of $1,430.00 due to excessive excavation, increasing the total from $25,000.00 to $26,430.00.
Accounts Allowed/County Buildings/Facilities and Capital Improvements
Request for approval of an increase in the amount of $80,000.00 for the County Water Lab capital project.
Accounts Allowed/Property Appraiser/Contracts, Leases & Agreements
Request for approval and execution of a lease with the Villages of Lake-Sumter, Inc. to provide office space for the Property Appraiser at the Village Corner Office Center, Avenida Central, The Villages, Unit 910. The term of the lease shall be for an initial period from September 1, 1999 through August 31, 2004 at $170.00 per month ($2,040.00 annually) plus a pro rata share of the common area maintenance charges. Funding will be from the General Fund, Constitutional Officers, Property Appraiser, Rentals and Leases.
Accounts Allowed/Bids/County Buildings
Request for approval for authorization to award Bid 99-135, to encumber funds in the amount of $174,020.00 and execute a contract to Construction Development and Design Company to provide construction of the Water Quality Laboratory which will be located in Astatula, Florida. Funding will be from Sales Tax Capital Projects Fund, General Government Buildings.
Growth Management/Contracts, Leases & Agreements/State Agencies
Request for approval to expedite Amendment No. 3 for the Florida Department of Environmental Contract GC-514 due to changes in the guidance documents.
Request for approval for a temporary non-conforming use to utilize up to eight recreational vehicles for temporary housing of "Campers on Missions".
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of one Drainage Easement Deed, one Non-Exclusive Easement Deed, one Statutory Quitclaim Deed, two Statutory Warranty Deeds, and two Temporary Non-Exclusive Easement Deeds.
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State/Resolutions
Request for approval of authorization to accept a letter of credit for maintenance in the amount of $26,216.83, execute a Developer's Agreement between Lake County and McDermott/Ladd Land Trust for Maintenance of Improvements, release the cashier's check in the amount of $1,000.00 that was posted for the remaining amount of improvements, and execute Resolution 1999-135 accepting the following roads into the County road maintenance system: Sunburst View Drive (County Road Number 2-0846), Sunwood Court (County Road Number 2-0846A), Calabay Court (County Road Number 2-0846B), and Lakewind Drive "Part" (County Road Number 2-0847).
Contracts, Leases & Agreements/Municipalities/Public Works
Request for approval and authorization for the Chairman's signature on each of the modifications to the Local Mitigation Strategy Interlocal Agreements between Lake County and the fourteen municipalities.
Roads-County & State/Municipalities/Subdivisions
Request for approval to accept a Maintenance Map for that portion of Hartwood Marsh Road #3-0854 located at the intersection of the South Hancock Road Extension - located in the Clermont Area, South of the Kings Ridge Subdivision.
Request for approval of Resolution 1999-136 to advertise public hearing on Road Vacation Petition No. 908 by Ruby Brewer to vacate road, Lake View Homes, Sec. 24, Twp. 20S, Rge. 26E, Lake Jem Area - Commissioner District 3.
Request for approval of Resolution 1999-137 to advertise public hearing on Road Vacation Petition No. 909 by Jeff and Valerie Allen to vacate roads and lots, Washington Heights, Sec. 3, Twp. 19S, Rge. 27E, Eustis Area - Commissioner District 4.
Request for approval of Resolution 1999-138 to advertise public hearing on Road Vacation Petition No. 910 by Lake County Public Works to vacate right-of-way, Sec. 35, Twp. 18S, Rge. 24E, Fruitland Park Area - Commissioner District 1 and to vacate right-of-way, Sec. 12, Twp. 20S, Rge. 24E, Okahumpka Area - Commissioner District 2.
ASSESSMENTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss Special Assessment 91 (SA-91) Lake Eustis Drive (Part), in the Haines Creek area, Special Assessment Lump Sum Construction to Professional Dirt Service for $29,040.00, and to encumber and expend funds in the amount of $29,040.00 (Commissioner District 3, CTT Funds). Mr. Stivender stated that there were three questions raised by the property owners. There was a question about a parcel owned by James and Wilma Sneed, but staff had the wrong family members on the wrong parcels. There was also a question about another parcel where a previous owner had petitioned the project, but the property has been sold to a new owner, and the new owners are the Waylands. Mr. Stivender stated that the Water Authority has a frontage on this road, which amounts to approximately $1,800, and the County has absorbed their cost within the assessment and did not charge the property owners a share of this amount.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.
Mr. George Sneed, Lake Eustis Drive, stated that, in the original assessment that was issued to the homeowners, he was listed as the property owner on the road to be assessed, when in fact, his parents own the property. He lives on a piece of property that does not front the road, however, he lives at the end of the road, and he has many reasons for wanting the road paved. He and his parents have lived on the property since 1973, and in 1984 he built his own home, and he consistently uses the road on a daily basis. He presented the Board with seven photographs of the road. Mr. Sneed explained that they moved their mail boxes to the end of the road, because the trucks were damaging the road, and the garbage trucks are also very destructive to the road. He stated that the 911 system has failed them on two occasions, because of the conditions of the road, and when it rains, they have a much more serious problem. Mr. Sneed explained that the appraisal on his property is in the excess of $105,000, and the property itself is valued at less than $10,000. Based on one half acre of land facing a canal adjacent to wetlands, he has a hard time understanding this amount. In 1996, they were appraised on the clay/sand road, which the Property Appraiser found to be detrimental to his property value. Mr. Sneed explained that the property owners have paid over seven times to have the dirt portion of the road repaired. He stated that he has a bid for the portion of property that his father owns, in the amount of $12,000, to have it paved as a driveway. He and his father are going to assume that debt and pay that bill. Mr. Sneed stated that his father, Mr. James Sneed, and their neighbors, Mr. and Mrs. Charles Tisdale, and the Walkers, paid to have a portion of Lake Eustis Drive paved almost 20 years ago. There were property owners at the front that did not pay, and he and his family assumed the additional costs, but the road was not paved all of the way, due to lack of funds. He noted that about five-tenths of the road is paved and about two-tenths of the road is not paved. Mr. Sneed stated that he and his wife initiated the contacts with the homeowners that would be affected by the special assessment, and they passed out petitions. One resident did not get a petition, because he was not in town at that time, but when he was approached again, the resident explained that he did not want the road paved, because people would drive too fast on the road. Mr. Sneed stated that he and his wife have three children under the age of 12, and their safety is important to them, and if the project passes, they hope they can get speed limit and "children at play" signs.
Mr. Don Smith stated that he sympathizes with the way that Mr. Sneed feels about the road, but his property does not front the road. Mr. Smith explained that he understands their traveling problem on the road, but with the condition of the road being the way it has been for six years, it does not seem to slow people down now, because they are traveling 40 and 50 miles per hour. Mr. Smith stated that the road is pretty safe the way it is right now, and there is not a lot of traffic on the road, so he sees no benefit of having the road paved.
Ms. Rhonda Smith explained that she has talked to some of the homeowners, and right now there are 36% of the property owners in favor of the project. She explained that, in the case of the Walker property, which is now the Wayland property, they had no notification about this project, or the petition being circulated. She and her husband were never presented a petition, and someone spoke to them briefly about wanting the road paved. Ms. Smith stated that the County has a petition signed by the Wallaces, but they are here today, and they have indicated that they do not want the road paved. They are ten feet off of the pavement, and they are being assessed $2,800. The Wilsons do not use the road, and they are being assessed $2,800. She explained that 55% of the people are voting "no" to the project, based on information that she got from Mr. Stivender, which included the actual breakdown of the assessed footage and the votes. She stated that three actual property owners were voting "yes" out of nine property owners, which is 417.91 feet out of 1,154.42 feet. She further noted that the Waylands are a "no" vote, as well as the Wallaces.
Mr. Smith stated that the information he and his wife received show the Water Authority as a "yes" vote, but he understands that they do not have a real desire to have the road paved.
Mr. Stivender explained that the County did not count the Water Authority as a "yes" vote, and the Waylands bought the parcel from the Walkers, so there is a Walker parcel and a Wayland parcel being assessed.
Ms. Julie Sneed explained that the Wayland's daughter is a Walker, and she bought the property from her father, and they were very aware of the petition. She stated that it is impossible to go 40 or 50 miles per hour down this road.
Mr. Ed Wilson stated that he has a paved driveway, and he will be assessed $2,800, and he will not be using the road at all. He was concerned about the water runoff onto his property when the road is paved, because he gets water on his property now when there is a heavy rain. He also noted that people do travel fast down the road.
Mr. Stivender explained that there will be open swale drainage, which will collect the water.
Mr. Wilson stated that he has never participated in a special assessment, and he has been living there for about 12 or 13 years. His house faces the dirt portion of the road, and he has not seen anybody that has had any trouble traveling this road.
Mr. Glynn Wallace stated that, when this idea originated, he was definitely in favor of taking a look at having the road paved. Mr. Wallace stated that his driveway is ten feet off of the paved road, so he is being assessed $2,800. He stated that he has a concern about the drainage as the road is paved, and if there are going to be ditches, it will really affect his property, as far as the collection of the water and the runoff, because he owns seven acres of pristine property behind him, which he bought because of the wildlife. It is a designated fernery and natural area. Mr. Wallace stated that he has no problem in the future meeting with his neighbors and putting in four or five hundred dollars a year to redo the road with clay all the way to the end of it. He stated that, if the Board can consider this in the future, he does own seven acres and he definitely be willing to donate three or four of these acres to the County to see what they can do about paving this road and putting in good proper drainage. The donation would be in terms of practically little or no cost to all of the home owners down the road. Mr. Wallace stated that he is no longer in favor of the assessment.
Ms. Annette Tisdale stated that her parents live behind her, and they are not property owners. Ms. Tisdale stated that she is being assessed the most ($4,400), because she has the most frontage on the property. She stated that she has no problem with the assessment, because she lived with her parents on the road before she built her house, and she explained that no one can go 40 or 45 miles down this road without damaging their vehicle. She stated that the garbage and recycling trucks that go by her house have dug up her underground wires four times, and she is in favor of having the road paved. Ms. Tisdale stated that her front yard becomes a lake when it rains, and it is her understanding that, if the County paves the road, this situation will be resolved.
Ms. Margaret Tisdale explained that she and her husband built their home in 1974, and Lake Eustis Drive was a dirt road, and over the years, it became impassable. The homeowners on that street paid to get the road paved, and since that time, they have spent quite a bit of money keeping the dirt part of the road up to certain standards. She explained that, since they are quite elderly, if they need to call 911, she hopes they will get there on time. She feels that the value of their property and taxes will go up, and they are looking forward to having the road paved.
The Chairman called for further comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson stated that Mr. Sneed had indicated, in his presentation, that he would be extending a private drive, and she questioned the location of the drive.
Mr. Sneed pointed out the location of the drive and noted that the property is owned by his father. He and his father will pay $11,200 to have the ten foot driveway paved to his parent's house. At this point in time, the Tisdales and the Walkers travel on his father's road to get to their property, and they will use the paved property. Mr. Sneed noted that he has always said that he would pay part of the cost of the assessment, even though he is not being assessed at this time. He stated that he initiated the issue, and although he is paying a portion of the $11,200 for private property, he would be willing to be assessed a portion of the fee.
Mr. Stivender explained that the 55% is a guide, and the Board, at any time, can do a mandatory assessment.
Mr. Gary Race, Land Resource Planner for the Lake County Water Authority, addressed the Board and stated that he talked to Dr. Robert Taylor, the Executive Director, about the issue, and after talking to the County Attorney's Office and finding out that the Water Authority was not responsible for the assessment, he found out, through the Public Works Department, that there was some earlier discussion about them being considered as a "yes" vote. He explained that Dr. Taylor as not in favor of this idea, and that the Water Authority would like to be considered neutral. Mr. Race stated that the Water Authority has about 527 acres, which are mostly wetlands, and it has a couple of access points through other roads, and the Water Authority does not use this road for access to the property. He stated that, basically, the Water Authority would rather not see anything paved, because of runoff issues, but they do not want to interfere, if the majority of the people want to have the road paved, and they most certainly do not want to be considered a "yes" vote on this issue.
Commr. Swartz stated that the Board has not heard from the Waylands, so they must not be present today, and staff does not have a letter from them. He stated that Mr. Wallace is against the assessment, but not necessarily against the paving of the road, because if the County was to enter into some agreement with him, for this other parcel, and pave the road at no charge, he would be in favor of this. Commr. Swartz stated that he is going to support the special assessment, but with one change. He stated that he would like to ask the County Attorney, or Mr. Stivender, how the Board can include Mr. George Sneed's property in the assessment, thereby reducing all of the other assessments proportionately, since he has volunteered to be a part of the assessment.
Mr. Sandy Minkoff, County Attorney, explained that, if the Board's motion includes this, staff will recalculate the assessment roll and include his property, based on the parameters determined by the Board.
Discussion occurred regarding possible ways to recalculate the numbers.
Ms. Annette Tisdale addressed the Board and explained that she is the one that owns the property that is being assessed, and her parents are not being assessed, but she was sure that they would be willing to pay an assessment.
Commr. Swartz explained that all of the property owners at the end are benefitting, so there should be a way to assess everyone.
Commr. Swartz made a motion to approve Resolution 1999-139 for Special Assessment (SA-91) Lake Eustis Drive (Part), Haines Creek Area, but to include in the special assessment property for George Sneed at 112.5 feet; the Charles Tisdale property at 110; and the total for James and Wilma Sneed's property at a total of 125 as opposed to the 90; and thereby apportion all of the costs equally based on those footages, reducing the amounts for all of the other property owners proportionately.
Commr. Hanson seconded the motion for discussion and stated that the individuals present need to know what their figures are going to be, and the Board really needs an update on the percentage figures, because of the "no" vote by the Water Authority and the Wallaces, in order to make sure the County is still in the parameters on the percentages.
It was noted that 257 was being added to the amount of footage.
Commr. Hanson noted that she disagreed with the formula being presented for the footage, and that the Sneeds should be charged the assessment on all three parcels. She stated that she would like to be able to vote for the motion.
Further discussion occurred regarding the formula for the assessment, with the motion being clarified by Commr. Swartz.
Mr. Stivender explained that the assessment drops from $17.24 per square foot to $14.09.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Mr. Smith clarified that the people that are speeding on the road are visitors, not the residents of the area. He questioned whether it would be possible to get speed bumps on the road, once it is paved, because the residents would be willing to pay the additional money involved.
Commr. Cadwell stated that staff would follow the normal signage requirements on the road, because, by policy, the County does not use speed bumps on public roads, and the Board would try to alert the Sheriff that this will be a new road on the system.
Commr. Swartz stated that the residents need to note who is speeding on the road, and if there are solid waste trucks speeding on the road, they are franchised by Lake County government, and the County can make it known to the franchise haulers that this is not acceptable. If there are other vendors, he suggested that the people get in touch with their managers, or editors.
FIVE-YEAR ROAD IMPACT FEE PROGRAM
COUNTY TRANSPORTATION TRUST FUND PROGRAM
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss the adoption of the Five-Year Road Impact Fee Program and approval of the County Transportation Trust Fund Program. Mr. Stivender noted that the public hearing would be on the Impact Fee Program. Mr. Stivender reviewed highlighted areas in each district, as noted in the backup material, and presented detailed information about each one, with the Commissioners asking specific questions about their districts.
Discussion occurred regarding District 5 and the Hancock Road project, with Commr. Swartz asking staff to bring back information regarding the County's ability to create double fine areas.
Commr. Swartz questioned whether there was an ordinance coming forward modifying the Land Development Regulations (LDRs), to require sidewalks in places where they are not currently required.
Mr. Sandy Minkoff, County Attorney, explained that the Public Works' Department was working on such an ordinance, and it was sent to Growth Management, but he was not sure where they were in the process of presenting it to the Board.
Commr. Cadwell opened the public hearing portion of the meeting on the Road Impact Fee Program and called for public comment.
Mr. Charles Deckman addressed the Board and stated that the County seems to be having a problem with CR 439 and SR 44A and getting the intersection cleared. Mr. Deckman felt that the County should put a light at this location, before it spends money widening the road. In regards to the bypass that goes around Eustis, Mr. Deckman stated that it was sagging, and he felt that the County should look into putting beds that are substantial to carry it, and put a scale under them to help determine the cause of the problem. He stated that the County has a great number of roads in Commr. Hanson's area, yet the Board is talking about the construction of new roads. He has not seen anything done to the old roads in 15 years. Mr. Deckman asked the Board to seriously consider doing something about the disgraceful roads in this area.
The Chairman called for further public comment There being none, the public hearing portion of the meeting was adjourned.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the adoption of the Five-Year Road Impact Fee Program.
RECESS & REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for 15 minutes.
FIVE-YEAR ROAD IMPACT FEE PROGRAM
COUNTY TRANSPORTATION TRUST FUND PROGRAM
Mr. Stivender addressed the Board and explained that, in regards to impact fees, staff is expecting an expenditure of $4.5 million to $5 million this coming year on top of the projects that are being rolled over from this year to next year. The staff is anticipating $2 million in gas tax.
Mr. Stivender addressed the County Transportation Trust Fund Program and noted that there are no plans for any road projects in District 1. He explained that Church and Mills in District 5, will be paid for this year, and there will be culvert replacements this year at Dwights Road, Lake Nellie Road, Greenswamp Road and Maggie Jones Road. He stated that Robbins and Peebles Roads are ready to be built, along with the final reconstruction of Lake Harris Shores. He noted that there are no funds available for any other projects at this time, even though they have been noted on the list. Mr. Stivender explained how some of the road projects have changed, due to priorities in the development areas of clay roads. He explained that this would be the time for the Commissioners to make any noted changes.
Commr. Gerber requested that Priority Number 7 in District 1, Myrtle Lake Avenue (pave) be moved and placed under Priority Number 3, Shady Acres Road (pave).
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Transportation Trust Fund Program.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMITTEES/SHERIFF'S DEPARTMENT
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board regarding the request for approval of the Local Law Enforcement Advisory Board's recommendation to utilize grant funds for the purchase of computer equipment for the Sheriff's Department. Mr. Smith stated that Ms. Robbie Hollenbeck, Special Projects Coordinator, and Mr. Ty Roden, Computer Services, were present for the discussion.
The Chairman opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Local Law Enforcement Advisory Board's recommendation to utilize the 1998 through 2000 grant funds of $127,612.00, including a match of $12,761.00 for purchasing computer equipment to enhance and upgrade the Sheriff's Department system and bring it into Y2K compliance.
ROAD PROJECTS/STATE AGENCIES
FDOT FIVE-YEAR WORK PROGRAM
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss the staff recommended prioritization of projects for the FDOT Five-Year Work Program to include enhancement projects. Mr. Stivender explained that the material contains all of the projects that the Lake County Department of Transportation (DOT) has on their program, as of today, for a total amount of approximately $116 million. It was noted that Priority 4, SR 50, and Priority 5, SR 19, SR 44, had been reversed.
Mr. Mike Szunyog, DOT, addressed the Board and explained that they will be working with Lake County, and with the funds that have been allocated for the fifth year, and preparing a tentative work program in November. Mr. Szunyog explained that the US 27 project is a high priority for the department and State. There are two sections, one from US 192 to Boggy Marsh, and one from Steve's Road to CR 561 through Clermont, where they have been funded for design and right-of-way. These were pointed out to be the most critical portions of the whole section, but they will be slowly programming the other segments, as funds are available.
Mr. Stivender addressed the Projects List for Safety Funds and noted that there are four projects, and the County has been successful getting support from the State to add paved shoulders to Projects 1 and 2, CR 42 and CR 561 respectively, and the County will be asking for the same for Projects 3 and 4, CR 48 and Bates Avenue respectively. He discussed the Projects List for Intermodal Development Funding and stated that the County was asking DOT for funding for the South Lake Trail for right-of-way acquisition, as well as the Department of Environmental Protection (DEP).
Ms. Pat Mayhill, City of Eustis, referred to the change list where Priority 4 and Priority 5 were switched, and stated that Number 4 (238373) is the storm water retrofit project, and this is the ranking that has been maintained for the last couple of years. Ms. Mayhill stated that it is very important that this ranking be maintained, in order to secure funding for future phases. This is an eight phase project and right now they only have the beginning phase, which is really a study. She stated that this storm water retrofit project has taken many years, and the joint participation of the DOT, the Water Management District, the County and the City, to reach this point. Ms. Mayhill urged the Board to approve the listing it has received today, for forwarding to DOT.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of staff recommended prioritization of projects for the FDOT Five-Year Program to include enhancement projects.
1999 CLAY TO PAVE RATING PROGRAM LIST
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board to discuss the request for adoption of the 1999 Clay to Pave Rating Program List. It was noted that there are 179.28 total clay miles, as of June 18, 1999. Mr. Stivender stated that the County has successfully improved, through either paving or double surface treatment, or taking it out of the maintenance system, 26.88 miles, and the County is averaging about six or seven miles a year. In 1995, staff brought to the Board a program where they took the type of road and ranked it; the maintenance problem on the road and ranked it; and the population based on the 1994 aerials and identified how many users were on that particular road, and then developed a priority list. Mr. Stivender noted that the Board had before them a list of the projects since 1995 that have been completed.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the
request for adoption of the 1999 Clay to Pave Rating Program List.
Under discussion, Commr. Swartz clarified that all of the roads on the list, particularly those with the highest rankings, will all be clay roads that need to be paved, or at some level double-surface treated, and finally, at some point, the only way they will get done is through special assessment. He also noted that there is nothing being proposed this year for any of these clay to pave roads.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
NON-COUNTY MAINTAINED NEIGHBORHOOD COLLECTOR ROADS
Mr. Jim Stivender, Senior Director, Public Works, presented the Board with the Non-County Maintained Collector Road Study July 1999 and stated that, at the last Board retreat, staff was asked to put together a review of the neighborhood collector roads that were in the original 1981 study, which were eligible for a 50% participation on a special assessment from the County, and to bring that forward for discussion. Mr. Stivender noted that the County has had 91 special assessments. The County has required, except in one case, a paved road in each particular situation. In the backup material, there was a list of costs to bring these roads up to clay standard, and up to a paved standard. Mr. Stivender explained that the information provided included the name of the road, the commissioner district, maintenance area, section, township and range, the number of miles and number of feet, the surface of it today, right-of-way, estimated cost to put down clay, the dollars to maintain that clay road annually, the estimated cost to pave the road, and dollars to maintain the paved road annually. He was comfortable with the last two columns for paving, but the first two columns he felt were on the low side, because they do not include drainage, and they were low on the maintenance, because that was assuming a nominal amount of grading. He noted that the total amount of dollars for clay is $979,000; total amount of dollars to maintain annually is $60,000. The total amount of dollars for paving is $4.8 million; total amount of dollars to maintain annually is $42,000. Mr. Stivender stated that discussion occurred regarding how to develop a priority order, with staff feeling that it would be the participation from the property owners like the special assessments.
Commr. Swartz stated that, since 1981, there would be other roads, that may now meet the same criteria that would have put these roads at the 50% in 1981, that will not be on this list.
He explained that there have been areas that have built up over the last 20 years that have roads that would now be considered collectors.
Commr. Hanson stated that the Board should look at bringing dirt roads into the County maintenance system, and if it can still get the people to do the assessments at this rate, then she feels that the Board has done a lot to improve the road system in some of these areas, and if they want to go on to paved from clay, then that is another issue, and the Board would probably have to come back to a special assessment. She noted that there are petitions already out on Forest Drive, and a special assessment in the Pine Lakes area.
Mr. Stivender noted that the area referred to by Commr. Hanson already has the petition numbers to move forward with that project.
Discussion occurred regarding ways to determine which other roads would meet this criteria that are not included on this list, with Mr. Stivender explaining that staff can move forward and look at this in the current areas, because the Board may want to look at a ranking system just like the clay roads.
Commr. Cadwell stated that staff does need to move forward with this process, because if the Board is looking at the total transportation needs, and there is a feel from this Board that the County needs to take some of those additional roads in, the Board needs to know the cost involved, so that it can be put with the other needs in transportation, which the County does not have revenue for either, but the Board needs to know this and then make decisions as to whether the County is going to let the roads out there deteriorate and take on new ones, or find a funding source to do both. He stated that it is important that the County develop this program to identify those needs, and it will be the Board's job to find the funding.
Commr. Hanson stated that, historically, the Board would not be setting a precedent, if it used some General Fund dollars for these roads. She noted that, before this Board was elected, the Commissioners used some of these funds to clay those roads early on.
Commr. Cadwell felt that this would be a policy decision by the Board, but he felt that the Board needed to know what kind of dollars are involved including the other roads that are there now.
Mr. Stivender clarified that the Board was wanting him to take the entire remaining portion of the 1981 list and put dollars to clay and pave those roads. He stated that staff will move forward with getting the prices more in line and ranking the projects based on 1998 aerials and information it can get in the field in 1999.
Discussion occurred regarding the Board setting a policy, with Commr. Swartz stating that he was not ready to set one, until he knows the ramifications and what is going to be the Board's response to those people who still live on these non-county maintained roads that are not shown by the indicated lines.
Commr. Hanson stated that she would have some changes to make on some of these, and one of them would be in Lake Mack and Lake Katherine area. In regards to the policy setting, Commr. Hanson stated that the Board can set the policy, even if these are all the Board is going to deal with at this point, and it adds to them later. She stated that this can be added to the policy the Board already has for special assessments, and this is what she is asking staff to move forward on.
Commr. Cadwell explained that the Board would need the criteria that staff is going to use, on a shorter time frame, and not the dollar amounts at this time.
Commr. Hanson stated that she would like to have staff provide the Board with the wording on the recommended policy.
Mr. Stivender stated that the County Attorney and staff have talked about reviewing the whole road policy issue.
It was noted that staff would provide the Board with the frame work for the policy and the criteria for the roads in 30 days.
Commr. Swartz stated that he was concerned with the issue of equity, because for the last 20 years, the Board has had people who live on these types of roads go through a special assessment process and share the costs of bringing these roads into the County and up to County standards, and they are still paying their special assessments. He was having trouble finding the equity when these people are still on the rolls paying, and now the Board is saying you can bring a clay road in, which is one issue of equity he is struggling with, and the second one is telling people that, since the Board has developed some criteria, they do not fit into it, and they cannot be in the program.
Commr. Hanson stated that the Board needs to set it up much like it has with its special assessment program. She stated that anyone can come in and ask for a special assessment on their road, if it connects to a paved road. She further stated that the policy needs to be flexible enough to allow for that. Commr. Hanson stated that the Board is still going to have a special assessment for this program, and what it will do is make it in stages by expanding the policy and making it a step process, but the equity is still there. She feels that this will make the program better than it has been in the past, and if the County does not have the dollars to do roads, at least this spreads the dollars wider and into more areas.
Commr. Swartz explained that the County does not have sufficient money to maintain the existing road network, and to be contemplating, to whatever extent people would be willing to come in and do a special assessment and bringing them up to clay, the County does not have those dollars either, and it does not appear to be the will to create what opportunities the County has for those dollars.
Commr. Cadwell felt that the direction the Board has given Mr. Stivender today will help the Board in its decision making process, and he does not feel that the Board has committed to anything to this point other than it realizes there is a problem and it needs to find a way to solve it. He asked Mr. Stivender to bring back the information to the Board, and the item will be placed back on the agenda for discussion.
Commr. Pool stated that the Board could do a lot, if it made some pledges and promises, in the event this additional one cents sales tax is continued. He felt that people would appreciate the County having a program and a mandate and seeing it completed. He felt that the Board needs to take a good look at how it can get a lot of these things accomplished that it is not accomplishing now, and the School Board can still spend their dollars, and the cities their dollars, and then maybe the County needs to focus its dollars in a certain direction.
CITIZEN QUESTION AND COMMENT PERIOD
Fire & Emergency Services/Road-County & State
Mr. Roy Hunter, representing Northeast Lake Chamber or Commerce, extended his appreciation to the Board for the white stripes on CR 439 over to CR 44A and stated that he will be looking forward to the County continuing them over to SR 44. The people in this area also appreciate the repair work at CR 42 and SR 44. Mr. Hunter stated that there have been some reports that the heavy sand trucks are causing the new piece of pavement to slide toward the white line and this has been brought to Mr. Stivender's attention. He stated that they also appreciate the County removing the obstacle at CR 439 and CR 44A. Mr. Hunter stated that the people in this part of the County need help now with their roads. They are quite elderly and they have paid their taxes all of their lives, and they are not getting compensation for those taxes. Mr. Hunter referred to an article dated August 15, 1999 in the Lake Sentinel that presented statistics involving the number of cars and trucks on the roads today and explained that the sand trucks are tearing up the roads, and they do not pay any tax to Lake County. He referred to the schools in this area and explained that the children can be at risk in school busses, because of these trucks. He stated that the people need help with the speed limit on CR 42, and the Sheriff is doing everything he can about this situation. He feels that laws could be passed in Lake County to prohibit radar detectors, which would cut down on road expenses and help with the safety issue. He knows that the impact fee and gas tax are for the roads only, but he felt there was no reason why property taxes could not be used for roads, or the sales tax. He addressed the issue of clay roads versus paved roads and the issue of maintenance being so much higher for clay roads than paved, yet there is not that much difference in costs, according to the information provided by staff. It seems that the large difference between a clay road and a paved road would pay for maintenance for a long, long time on a clay road. Mr. Hunter explained that taxes are used to pay for fire, sheriff, health and ambulance services, so before the County can have these services, it needs to have the roads fixed. He noted that there have been 123 new registered voters in the northeast area of the County, and they are striving for 100% voter registration as their goal, and this should be a goal of all Lake County. Mr. Hunter extended his appreciation to Commr. Gerber for being a guest speaker tonight at the Spring Creek School. He also thanked the Board for its discussion on non-maintained roads.
Commr. Swartz questioned whether Mr. Hunter, or his organization would be in favor of raising property taxes, in order to pay for road work.
Mr. Hunter stated that they were in favor of just compensation for the taxes that they are currently paying. When they see that they are getting just compensation for the taxes that they are paying, they would probably be willing to pay more taxes.
It was noted that the amount of money needed to fund the Sheriff's Department is equal to the amount of revenue received by the County in ad valorem taxes.
Mr. Hunter stated that he has facts and figures that he got from the former Acting Fire Chief, Frank LaFleur, and since 1986, Lake County has made a business profit of $1,700,000 on the fire tax just in the two postal patron areas of Paisley and the people on the river that get mail out of Deland. He stated that the fire tax could go to a lot of uses in the fire department, and it could also be used for things to help them with roads. He stated that there may be profits in other expenditures and other taxes.
Commr. Swartz questioned whether Mr. Hunter, or his organization, would support an additional gas tax to fund road improvements.
Mr. Hunter stated that they want just compensation for the taxes they are now paying, and he, personally, would be willing to pay more taxes than he is now. He stated that right now Lake County is paying 12 cents a gallon, and that is the same tax that Volusia, Orange, and Seminole counties are paying.
Commr. Swartz stated that the gasoline tax has increased, but it does not increase as fast as the overall growth and the demand for roads, and there are various types of roads on the program, but the County has no funding whatsoever to improve those roads.
Code Enforcement/Rights-of-Way, Roads & Easements
Mr. Robert Godwin, Paisley, stated that he owns ten acres, and he spoke to Commr. Hanson and the County Attorney yesterday about the issue he is bringing before the Board today. Mr. Godwin stated that he is the title holder of an easement and he pays the property taxes and the insurance on it. He was cited for a code violation in June of this year, and he is to pay $50 a day. He stated that he tried to work out a solution where he would quit claim the easement to the County, if the County would move the fence, and this would save him from having to sue the County. Mr. Godwin stated that he was informed this morning that the County and its staff turned his proposal down.
Commr. Hanson stated that it would not be a problem if Mr. Godwin gave the County the right-of-way, but moving the fence would be a problem. She questioned whether the landowner in the back of his property would move the fence.
Mr. Godwin explained that the landowner indicated to him that he would tear down his fence and allow his livestock to run free.
Mr. Sandy Minkoff, County Attorney, explained that the Code Enforcement Board has issued an Order requiring that the fence be moved. The fence has not been moved, so it will be back at Code Enforcement for an Order of Fine next month, if the fence is not moved.
Commr. Cadwell explained that it would be improper and probably illegal to interfere with the actions of the Code Enforcement Board, so the Board is not going to hear the issue today.
Roads-County & State
Mr. Bill Lockwood addressed the Board to discuss the safety on CR 42. Mr. Lockwood stated that there are sand trucks traveling this road at 2 a.m., at 68.2 miles per hour according to staff's road survey, through the Deer Haven intersection. He explained that the Sheriff's Department is handling traffic on CR 42 in Paisley, in an area that already has an established speed limit of 40 miles per hour. He has been trying for two years to get the communities the same recognition as Paisley and Altoona, which is a respectable speed limit of 40 miles an hour through Lake Katherine, Deer Haven, and the Lake Mack areas. Mr. Lockwood stated that he lives in Lake County, and the people need some help getting the same speed limit established for the so noted areas.
Mr. Andy Colando, Attorney representing Ms. Kathleen Schwabel, stated that his client has been cited with a violation of a particular ordinance dealing with bingo operation. The County Ordinance indicates that bingo is allowed in a particular building two days a week, and the Sheriff has begun to enforce the ordinance. He noted that Ms. Schwabel was present today with many supporters. Mr. Colando stated that the City of Leesburg and the City of Mount Dora have passed particular municipal ordinances superceding the County's ordinance, and in those particular cities, bingo is permitted more than two days a week. The City of Eustis has on its agenda, for the first week in September, a similar ordinance that would permit the bingo to be held in a particular building more than two days a week. He was asking the County to temporarily suspend the enforcement of this particular ordinance on this particular bingo hall, until the City of Eustis takes action on the issue.
Commr. Cadwell explained that the Board could not take action on this issue today, unless there was a four-fifths vote of Board to put this particular item on the agenda. He stated that the County's ordinance was pretty clear, and the cities had the option to opt out of the ordinance, and he did know whether this Board would want to address this issue again.
Commr. Hanson explained that the County got involved when those who met more than twice a week had an unfair advantage over the non-profit operations, and even though the operation being discussed gives money to charities and to non-profits, this is exclusively how some of the other organizations fund their non-profit operations.
Mr. Colando explained that the Florida Statute protects them from private entities for profit reaping the benefits from these organizations. He explained that, if the parlor is shut down for three weeks, or a month, before it goes through the Eustis hearing board, it will cause economic injury to Ms. Schwabel, and they are trying to avoid having to go into Circuit Court to get an injunction. He stated that it was his understanding that she came to the County and inquired if there were any restrictions and was told that it was fine to operate.
Commr. Gerber suggested that Mr. Colando set an appointment with the Sheriff and explain to him their story, because according to the ordinance, the Sheriff is in charge of enforcement. She noted that, if the Board was in favor of acting on this issue, the three weeks would be up and the City would be hearing Ms. Schwabel's case, because the County would probably need to readvertise the issue for a public hearing.
Commr. Cadwell explained that, in regards to the issue of economic hardship, it was the intent of the Board for a business only to operate two days a week, so they have made more than they should have by operating beyond the restrictions placed in the ordinance.
No action was taken by the Board.
Mr. Albert Hanson congratulated Lake County for getting an award for being number 41 out of 67 counties of having the lowest tax rate in the State of Florida.
Roads-County & State/Storm Water
Mr. Charles Deckman addressed the Board and stated that he would like to know who is in charge of the County's storm water, because there has been a problem at Deer Haven for many years. He stated that, even though the County has made some major improvements in this area, the County still needs to do more to get better filtration. He felt that the Board members should be made to pay for the damages out of their own pockets, not the County's pocket, for procrastinating so long.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ROAD VACATIONS -
PETITION NO. 904 - Harold Bloder - Montverde Area
Mr. Jim Stivender, Senior Director, Public Works, stated that he just received a letter today regarding Petition No. 904 by Harold Bloder. Staff was recommending denial of the petition today, because when they platted the Trails of Montverde Subdivision, there were Lots 1, 2, and 3 on the left side, and a park on the east side, however, it has property owners' names on it. Staff was concerned with this area being dedicated in the plat as a recreation area, and staff received a letter today from the Trails of Montverde Association stating that they held a meeting and the Executive Committee voted unanimously to relinquish any non supervisory control of the approximate 9/10ths of an acre parcel recently purchased from Montverde Groves.
Commr. Pool stated that he spoke to the owner of Montverde Groves, and the developer of the Trails of Montverde, and it was never intended to be a recreation area, and it was on the plat, but it was not something to be set aside, nor was it County property. In talking to the homeowner's association, they do not want any part of this piece of property. They only want to see it cleaned and maintained, which is what the Bloders have agreed to do. They have also agreed not to develop it, and not to ask to build on it.
Mr. Stivender stated that staff will move forward in answering those questions, and staff was expressing a concern over protecting the public's interest, especially the homeowner's association of the Trails of Montverde, which is part of the plat.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval of Resolution 1999-140 to advertise a public hearing on Road Vacation Petition No. 904 by Harold Bloder to vacate tract "A", Trails of Montverde, Sec. 9, Twp. 22S, Rge. 26E, Montverde Area - Commissioner District 2.
RECESS & REASSEMBLY
At 12:23 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board to discuss the appointment to the School Readiness Coalition as mandated in the School Readiness Act, SB 366. Mr. Smith noted that the backup material is suggesting the appointment of a county commissioner to this coalition. He stated that, if the coalition is named and in place by January, the coalition receives startup funding in the amount of $50,000.
Commr. Cadwell stated that it would be in the best interest of the Board to either appoint a Commissioner, or appoint the Chairman of the Citizens' Commission for Children to serve in that capacity.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board appointed Ms. Beth Scovill-Moore, to the School Readiness Coalition as mandated in the School Readiness Act, SB 366.
CONTRACTS. LEASES & AGREEMENTS/EMERGENCY SERVICES
In regards to Tab 7, which was pulled for discussion, Commr. Cadwell stated that the request for approval and signature on the Interlocal Agreement with the City of Leesburg for Fire-Rescue Response is not mutual aid, and they will be providing the service in a certain area of the County, and the County will be providing the service in a certain area for them.
Mr. Sandy Minkoff, County Attorney, clarified that it is not just to provide the service, but both parties will go anytime in the entire area of the map.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and signature on the Interlocal Agreement with the City of Leesburg for Fire-Rescue Response.
Ms. Sue Whittle, County Manager, noted that Mr. Tad Stone, Director of Fire and Emergency Services, was present this morning, and he has worked very hard with the cities, and he continues to work hard with them, and she has been very pleased with his reaction to these things.
FISCAL AND ADMINISTRATIVE SERVICES/BUDGETS
Commr. Gerber addressed Tab 13, the item regarding Medicaid, which was pulled for discussion, and stated that, when the Board starts working on its Legislative Delegation package, this needs to be high on the list of priorities for relief, for the local, State and National delegations.
Commr. Swartz explained that it will mean that the Board will be asking for the State to pick up that share, which they now require the County to pay.
Commr. Gerber explained that the hospitals lobbied the legislature for the address unknown issue, because they were footing the bill, even though she was not sure that is what happened. So if the hospitals can lobby the legislature to get it done, then the County can lobby the legislature to get it undone, especially when they are already getting tax dollars that are really not accounted for.
Commr. Cadwell directed Mr. Smith, when he prepares his legislative items, to make sure that this item is one of the top ones that he brings forth to the Board.
Commr. Gerber made a motion, which was seconded by Commr. Pool to approve the following:
Under discussion, Commr. Hanson stated that Lake County really needs to work with the other counties and not go in independently to try and push this item forward.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
REPORTS - COUNTY ATTORNEY
LAWSUITS AFFECTING THE COUNTY/ZONING
Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the litigation of Conway K. Kittredge v. Lake County and stated that the Court's Order issued by the Honorable Mark J. Hill quashes the County's denial of the vested rights. The Board has two alternatives that are setforth in the memorandum from Ms. Valerie Fuchs, Assistant County Attorney. Mr. Minkoff stated that, after talking to Ms. Sharon Farrell, Senior Director, Growth Management, their recommendation to the Board is to go ahead and issue the vested rights and allow them to build what they were originally approved to build, which probably will not be built, because of the requirements in the PUD for a central water/sewage system.
Commr. Hanson stated that the whole process involving this case has been extremely expensive, and she would be interested in knowing the actual cost to the County. She stated that, under the PUD, it requires water and sewer, but if it is determined that this is not substantial deviation, to put in wells as septic tanks on that particular land, would it be substantial deviation.
Mr. Minkoff stated that he did not believe that Kittredge can make any amendments to the PUD without bringing the entire PUD into compliance with the Comprehensive Plan, which would be a substantial reduction in density. He noted that it is approximately 600+ acres, and the development approval is 600 lots, and under the Comprehensive Plan, it is one to five for most of it.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the recommendation of the County Attorney, to grant the requested vested rights in Conway K. Kittredge v. Lake County.
Mr. Minkoff clarified that the County will not appeal, and Ms. Farrell and/or Ms. Sue Whittle, County Manager, will issue the actual vested rights decision.
ACCOUNTS ALLOWED/CODE ENFORCEMENT
Mr. Sandy Minkoff, County Attorney, informed the Board that, as a temporary measure, the Code Enforcement Board has been sending Orders of Fine to the County Attorney's Office for foreclosure. In cases where they cannot find the people who own the property, they are required to have an attorney, Guardian Ad Litem, appointed for them. They have not been able to develop a bid process at this time, but they did get some quotes, and Mr. Scott Gerken has agreed to serve at a flat fee of $150 per case, which is extremely reasonable.
On a motion by commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to retain Scott Gerken, Counsel as Guardian Ad Litem for Code Enforcement Foreclosure Cases, in the amount of $150 per case.
Mr. Sandy Minkoff, County Attorney, informed the Board that the Board Policy for alternative payment methods for customers originally came from Growth Management, which would like to allow licensed contractors, through Building Services Department, to set up debit accounts, or deposits with the County, so that, when they come to pull building permits, they would not have to write checks, and they could have it debited immediately from their accounts. A procedure has been developed, as noted in the backup, which would allow that to occur. Staff felt it would be best to have the Board approve the policy to have the County Manager issue these types of procedures.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Board Policy authorizing alternative payment methods for customers.
REPORTS - COUNTY MANAGER
Ms. Sue Whittle, County Manager, advised the Board that the E-911 Fall Conference is scheduled for September 12-15, 1999, at the Mission Inn. She stated that the County will be sponsoring the Continental Breakfast on September 14, 1999, from 8 to 9 a.m.
REPORTS - COMMISSIONER GERBER - DISTRICT #1
Commr. Gerber stated that she has been asked the question about the status of the Evaluation and Appraisal Report (EAR).
Commr. Hanson stated that she has been asked the same question, and Mr. Jerry Cox, Lake County School Board, has indicated that the School Board has already given to the County what it will need for the Element for the Comprehensive Plan for Education.
The Board directed the Growth Management staff to provide the Board with an update on the Evaluation and Appraisal Report (EAR).
REPORTS - COMMISSIONER POOL - DISTRICT #2
ROAD-COUNTY & STATE
Commr. Pool informed the Board that, when some of the clay improvements were made on Dewey Robbins Road, the signs were removed, and he thought maybe the County could put some of the signage back in this area to help identify areas where the children are playing, or where there is a curve.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PROPERTY APPRAISER/STATE AGENCIES
Commr. Hanson addressed the issue of the senior citizen exemption, with Commr. Cadwell noting that he has a memorandum going to Mr. Sandy Minkoff, County Attorney, regarding this issue.
Commr. Cadwell stated that he talked to Mr. Ed Havill, Property Appraiser, about the senior citizen exemption, and there are about 52,000 exempt properties on the rolls now, and the number that would qualify would be the number that the Board would want to know about.
Mr. Sandy Minkoff, County Attorney, noted that there are a little less than 13,000 additional properties that would qualify, which would be $1.3 million impact to the County, if the total exemption was put in force.
Commr. Cadwell stated that the Board needs a copy of the implemented legislation, because the intent was to give people who make $20,000 or less to get an additional exemption. When it came out of the legislature, it was adjusted gross income, so the County needs to look at this and see what its ability would be to work with that.
Mr. Minkoff explained that the County is not required to do the whole $25,000, and it is also done on a city and county basis, so it would have 15 different rules inside of Lake County, because each city in the County is different. It requires the adoption of an ordinance before December 1.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to advertise the Ordinance creating Section 14-4, Chapter 14, Lake County Code, to be entitled Laser Beam Devises.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to schedule the 1999 State of the County event for Thursday, October 21, 1999, at 6:30 p.m. in the Administration Building.
RECESS & REASSEMBLY
At 1:55 p.m., the Chairman announced that the Board would recess and reconvene in the Training Room for the Library Workshop.
Commr. Cadwell opened the meeting on the presentation about libraries and turned the meeting over the Ms. Sue Whittle, County Manager.
Ms. Whittle stated that several months ago the Board asked her to put together a team to look at library issues in the County. The Library Team Mission is to determine the best way to organize and provide library services in Lake County and to recommend several funding levels to provide this service. She asked staff members to look at library issues and bring back their recommendations to the Board. The Library Team Members were Barbara Lehman, Chief Deputy Clerk; Sharon Farrell, Senior Director, Growth Management; Kathleen Thomas, Operations Director, Solid Waste Management Services; Sanford A. Minkoff, County Attorney; Alvin A. Jackson, Jr., Deputy County Manager; Mike Anderson, Senior Director, Facilities and Capital Improvements; and Fletcher D. Smith, Senior Director, Community Services. They were assisted by Wendy Breeden, Library Service Manager, and her staff, Charlene Smith, Edie Singleton, Carolyn Szucs, and Brenda Quattlebaum.
The Library Team Members presented detailed information on the following topics, which was provided to the Board members and those present after the presentation:
Lake County Library System History - 1982 through 1997
Three ways library systems are organized -
Public Library Cooperative
Consolidated County System
Mixed Consolidated/Cooperative Library System
Expenditures per Capita
HAPLR Index Percentile
Selected Library Comparison - Florida
Selected Library Comparison - National
Lake County Library System Budgets
FY96/97, FY 97/98, and FY 98/99
Lake County Library System
Fiscal Year 98/99 Percentages
The noted Recommendation was the Mixed Consolidated/Cooperative System.
Mr. Smith explained that the Team developed three scenarios for the library system, and each scenario has a different funding level. The cornerstone of each one of these scenarios is the continuation of the cooperative library system with those cities who elect to participate in it, and including the payments to those cities for the provision of library services to the County residents. The goal is to have all of the libraries in the County cooperating with each other on some level. Should any library elect to join the consolidated system, or should a library, which is currently independent, elect to become part of the cooperative, costs in the three scenarios will increase. The Team is recommending that the consolidated library system remain an active part of the cooperative system and that programs and resources be shared with the number of cooperative library systems there are now. Also included in the scenarios is the establishment of a public school community college county library access system by August, 2000. Under this plan, students and staff and all public schools and Lake Sumter Community College will be able to order books through the computer access at their school, with the books being delivered at the school using the County or School Board courier systems. All of the alternatives include the cost of increased support staff and additional space for library services that will be needed to be increased with the overall size of the system. In recommending the locations of the additional library services, the geographical issues were considered, such as distance from existing libraries, and the pattern of County residents using the municipal libraries. Each of the scenarios covers a period of two to three years, and the Team acknowledged that significant changes in the population and the makeup of the County will cause the need to reevaluate some of the recommendations made in this report. Besides the cost, the main differences in the three scenarios are the size, type of construction, and number of libraries, as well as the inclusion of a headquarters library.
The three plans, as noted in the handout material, were reviewed in great detail by different staff members, and the Team members answered questions of the Board.
Commr. Swartz commended the Team for bringing forth, even in Plan 1, a bold recommendation for libraries in Lake County. He is encouraged by the recommendations, and he has more confidence in it than any of the things that the County has looked at in past. As noted, the County will still need to partner with the member city libraries, but in order to accomplish this goal, it is going to have to go out and create a county system. Commr. Swartz stated that the County's funding level today, including payments to the member libraries, and the overall operation, is about $1.3 million. He felt that the Team came back in terms of fulfilling the request of the Board, and it gave the Board some options that did involve different funding levels. He stated that, when you look at the initial costs that you have in the first year, the initial early costs is going to be the capital costs that occurs, and then the operating cost will follow as you open these facilities. If the Board were able to select a plan, they still might be able to implement the necessary ongoing operating cost in perhaps a fiscal change in next year's budget. Commr. Swartz explained that the additional operating cost in Plan 1 is equal to about half a mill in the unincorporated area, which would raise about $2 million.
Ms. Breeden explained that State Aid is a matching grant based on expenditures per capita, which right now is about 10 to 11 cents on the dollar, so that would greatly increase what the County receives now.
Commr. Swartz stated that the base line would either be a MSTU that raises about $2 million, or it would be an extra one-half mill that raises about $2 million, and the grants would be the extra that the County may get. He stated that the Board certainly needs more time to consider the information provided today, and he would like to see the Board, before it finalizes its budget this year, look within the existing budget. He noted that some of the Constitutional Officers have indicated the willingness to help with some of the dollars that had been discussed, and that might be one place where the Board may be able to free up some dollars to move into next year's budget, and there may be others that the Board may ask the County Manager to look at. He would at least like to see the Board prepared to select one of these proposals and try to begin implementing it in next year, even if the hardest choice is going to be the funding that would be needed in the following year to continue operating.
Commr. Cadwell extended his appreciation to the Team for their hard work. He assumed that the Library Board will be discussing this at their meeting on Thursday, and he will report back to the Board on their discussions.
Mr. Jim Page, Chairman of the Lake County Library Advisory Board, stated that he would like to have the Team at its next meeting.
Ms. Whittle extended her appreciation to the Team for the magnificent job they did on the presentation.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:10 p.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK