The Lake County Board of County Commissioners met in regular session on Tuesday, November 16, 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; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance. He then welcomed back the County Manager, Ms. Sue Whittle, who had been out, due to a death in her family, noting that she was in the Board's thoughts and prayers. He reminded those present that November 18, 1999 was "Blue Jeans for Babies Day"in Lake County. He stated that, for a donation of $10.00, one would receive a T-shirt and would be able to wear blue jeans or khakis to work on "Blue Jeans for Babies Day"with their T-shirts. He encouraged everyone to participate in a very good cause.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that she would like to pull Tab 11, under the County Manager's Consent Agenda, a request from Public Works for authorization to accept the final plat for Village at Black Bear Subdivision, until a later date. She requested that Tab 22, under the County Manager's Departmental Business, a request from Public Works for a discussion concerning participation with Orange County in a study of the Johns Lake Basin and funding of Lake County's share, in the amount of $47,500.00, from the Stormwater Management Fund, be pulled until a later date, as well. She stated that she would also like to have the name of Dr. Robert Westrick removed from appointment consideration for Tab 24, under Other Business, pursuant to a letter from Dr. Westrick. She further stated that there was a published Addendum No. 1 to the Agenda.
Commr. Cadwell informed the Board that he felt they should meet with staff, in a worksession, and review the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan, scheduled to be addressed at 10:00 a.m. this date, before having the final transmittal hearing.
Commr. Swartz requested to place on the Agenda consideration of an emergency ordinance regarding shoreline protection.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a discussion regarding an emergency ordinance for shoreline protection.
MINUTES
Regarding the Minutes of October 19, 1999, the following changes were requested:
On Page 10, Line 32, replace and with at.
On Page 11, Line 1, change $75,000.00 to $180,000.00.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 19, 1999 (Regular Meeting), as corrected.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 21, 1999 (Special Meeting), as presented.
Regarding the Minutes of October 26, 1999, the following change was requested:
On Page 14, Line 7, change owners to residents.
On Page 12, Line 15, insert the fact that Commr. Swartz voted in opposition to the motion.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 26, 1999 (Regular Meeting), as corrected.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds-Contractor
Request for approval of Contractor Bonds - New, Reinstatement, and Cancellation, as follows:
New
3096-2000 Terry Ross TRF, Inc. d/b/a Ross Plumbing
4303-2000 J & H Electric Company
4642-2000 Robert Gay
5039-2000 Golden Triangle Air Conditioning & Refrigeration
5054-2000 Glenn E. Prickett d/b/a Action Air & Electric, Inc.
5658-2000 Brian K. Miller d/b/a Professional Electrical Services, Inc.
5738-2000 Marcum Programmable Controls
5739-2000 Paul R. Canney d/b/a Electrical Design Consulting and Contracting, Inc.
5740-2000 Dennis L. Tilton d/b/a Dennis L. Tilton Construction (General)
Reinstatement
5735-2000 Robyn Banks d/b/a Riptide Electric
Cancellation
4739-97 T. L. Carlson d/b/a T. L. Carlson Construction
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fine for Clarence E. Huffman, Jr. and Joan Huffman, in the amount of $6,832.38, dated April 2, 1999, recorded in Official Records Book 1703, Pages 1833 through 1837, of the Public Records of the Clerk of the Circuit Court. The Judgment-Creditor acknowledges receipt of the property described as: Lots 34, 35, 36, 37, 38, 39, Blk O, Lakeview Park Subdivision, through Special Warranty Deed, dated August 22, 1999, as payment in full of said indebtedness, and hereby acknowledges satisfaction of said Judgment and directs that said Judgment be canceled of record and authorized proper signatures on same.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fine for Fred M. and Cornelia E. McCormick; Jerry Cornelius; Jack Cornelius; and Wayne Tanner. Reduction of Order of Fine, in the amount of $500.00, dated September 16, 1999, and recorded in Official Records Book 1752, Pages 2427 and 2428, of the Public Records of the Clerk of the Circuit Court. The Judgment-Creditor acknowledges receipt of $500.00, as payment in full of said indebtedness, and hereby acknowledges satisfaction of said Judgment and directs that said Judgment be canceled of record and authorized proper signatures on same.
Accounts Allowed/Courts-Judges
Request for approval of Release of Fine for Lee E. Gavin and Gloria Gavin. Reduction of Order of Fine, in the amount of $0.00, dated September 16, 1999, and recorded in Official Records Book 1752, Pages 2429 and 2430, of the Public Records of the Clerk of the Circuit Court, on the 20th day of September, 1999. The Judgment-Creditor directs that said Judgment be canceled of record and authorized proper signatures on same; and Release of Fine for Paul Walsh and Neville Solon. Reduction of Order of Fine, in the amount of $0.00, dated September 16, 1999, and recorded in Official Records Book 1752, Pages 2431 and 2432, of the Public Records of the Clerk of the Circuit Court, on the 20th day of September, 1999. The Judgment-Creditor directs that said Judgment be canceled of record and authorized proper signatures on same.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgments, as follows:
Theodore and Diane Byrne and their child, in the amount of $50.00 - Case No.
88-1279 CJ.
Theodore and Diane Byrne and their child, in the amount of $50.00 - Case No.
87-877 CJ.
Clarence Perry, in the amount of $250.00 - Case Nos. 82-19, 980TT42 and 82-19, 981TT42, and authorized proper signatures on same.
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Accounts Allowed/Clerk/Funds/State Agencies
Request to acknowledge receipt of State of Florida Constitutional Officers Financial Report and Unspent Moneys for FY1998/99, for the Clerk of Circuit Court, in the amount of $176,144.58, to the General Fund, dated October 29, 1999.
Accounts Allowed/Sheriff/State Agencies
Request to acknowledge receipt of Lake County Sheriff's Office State of Florida Constitutional Officers Financial Report for FY1998/99, dated October 28, 1999; and a check, in the amount of $557,897.60, which represents the excess fees for Law Enforcement, Corrections, Bailiffs, and School Guards, pursuant to Chapter 218.35, Florida Statutes.
Audits
Request to acknowledge receipt of Green Swamp Land Authority's Audit of Financial Statements, dated June 30, 1999, in accordance with Government Auditing Standards.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending October 31, 1999, in the amount of $145,357.83. Same period last year: $139,773.51.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 99-006, from the City of Fruitland Park, annexing property into the City of Fruitland Park, Florida; providing for the annexation of property generally located on the east side of U.S. Highway 441, between Shadow Hill Drive and Grays Airport Road, and generally known as the Cecil Clark Chevrolet property; providing for C-2 (General Commercial) zoning of the property; and providing for a Commercial Comprehensive Plan Land Use Designation for the property. Passed and ordained on October 28, 1999, by the City Commission of the City of Fruitland Park, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gerber requested that Tab 7, a request from Procurement Services for approval and signature on the Second Amendment to Agreement between Lake County and Geraldine Kerr and Associates, Inc., for Court Reporting Services, in the estimated amount of $60,416.65, be pulled for discussion.
The Chairman noted that Tab 11, a request from Public Works for authorization to accept the final plat for Village at Black Bear Subdivision, was pulled from the Agenda.
The County Manager, Ms. Sue Whittle, informed the Board that they had before them a corrected Tab 19.
Commr. Hanson questioned why Tab 11 was pulled and was informed that the paperwork pertaining to same was not complete.
Mr. Jim Stivender, Jr., Senior Director, Public Works, interjected that the applicant for Tab 11 had been informed that he would have to resubmit his application - that the original application would not be rolled over to the next meeting, to be submitted again.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests, with the aforementioned tabs being pulled:
Contracts, Leases and Agreements/Funds/Municipalities
Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval for the Chairman to execute First Amendment to Interlocal Agreement between Lake County and the City of Leesburg, Florida, Relating to Contribution of Infrastructure Sales Tax Funds for Community Recreational Facilities for FY 98/99.
Contracts, Leases and Agreements/Funds/Municipalities
Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval for the Chairman to execute First Amendment to Interlocal Agreement between Lake County and the Town of Lady Lake, Florida, Relating to Contribution of Infrastructure Sales Tax Funds for Community Recreational Facilities for FY 98/99.
Accounts Allowed/Fiscal and Administrative Services - Budget
Funds/Public Works/Resolutions
Request from Fiscal and Administrative Services - Budget, for approval and signature on Resolution No. 1999-192, to amend the County Transportation Trust Fund, in order to account for unanticipated revenue from Public Works Fees - Lot Determinations and Flood Determinations to be received, in the amount of $45,000.00.
Fiscal and Administrative Services - Geographic Information System
Request from Fiscal and Administrative Services - Geographic Information System, for approval to declare November 19, 1999, as Lake County Geographic Information System (GIS) Day, as part of the Worldwide GIS Day.
County Employees/Fiscal and Administrative Services - Risk Management
Request from Fiscal and Administrative Services - Risk Management, for approval of continuation of the present Section 125 Flexible Benefits Plan benefits and vendors for the plan year 01-01-2000 to 12-31-2000; and authorization for the Chairman to execute the appropriate document(s).
County Employees/Fiscal and Administrative Services - Risk Management
Request from Fiscal and Administrative Services - Risk Management, for approval of Workers' Compensation Settlement for Rudolph Handy; and authorization for the Chairman to execute the appropriate document(s).
Building Department/Contracts, Leases and Agreements
Growth Management/Subdivisions
Request from Growth Management for approval to accept and execute Agreement between Florida Leisure Communities, for the issuance of six building permits on lots M-60,
M-61, M-62, M-63, M-07 and M-24, in the Pennbrooke Fairways Phase "M" Subdivision, prior to the acceptance and recordation of the final plat.
Public Works/Resolutions/Roads-County and State/Subdivisions
Request from Public Works for authorization to execute Corrected Resolution
No. 1999-193, accepting the following roads for Westchester Phases 6 and 7 Subdivision into the County Road Maintenance System: Wilkinson Drive "Part" (2-0159J) and Herring Lane
(2-0159N) - Commissioner District 2.
Public Works/Resolutions/Roads-County and State/Subdivisions
Request from Public Works for authorization to execute Corrected Resolution
No. 1999-194, accepting the following roads for Hills of Lake Louisa Phase Three Subdivision into the County Road Maintenance System: Lighthouse Court (2-0639J), Grand Bay Boulevard "Part" (2-0639A), and Water Ridge Lane "Part" (2-0639H).
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for approval to accept the following:
Statutory Quitclaim Deeds
Margaret F. Schrock
Merry Road Extension
Jaymark Builders and Developers, Inc.
S. Lake Trail
Tony D. and Carey Judy Hubbard
S. Lake Trail
Wilma L. Bridges, et al
S. Lake Trail
Dessie Mae Bridges
S. Lake Trail
Banyan Construction and Development, Inc.
S. Lake Trail
Statutory Warranty Deeds
Mary E. Murphy
Edwards Road
Clifford F. and Juanita Roundtree
Keene Road (5-8165)
William L. and Theresa M. Berube
Keene Road (5-8165)
John A. Parsons, Ind./Tr.
Twin Ponds Road (5-7676)
Temporary Non-Exclusive Easement Deed
Richard E. and Betty Toole
Lake Emma Road (2-2119)
Accounts Allowed/Bids/Public Works/Road Projects
Request from Public Works for authorization to advertise for bids for CR 445A "Part" Widening and Resurfacing Project No. 4-00, at an estimated cost of $103,220.00, from the Road Impact Fee Fund. Benefit District 1 - Commissioner District 4.
Public Works/Road Closings/Roads-County and State/Subdivisions
Request from Public Works for approval to advertise Petition No. 918, by W. T. and Barbara Sanders, to vacate road (Center Drive) and lots, Green Gables, Section 35, Township 18S, Range 26E, Eustis area - Commissioner District 5.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PRESENTATIONS
PRESENTATION OF FLORIDA DEPARTMENT OF TRANSPORTATION'S TENTATIVE FIVE-YEAR WORK PROGRAM
PUBLIC WORKS/ROADS-COUNTY AND STATE
Mr. Mike Szunyog, MPO Liaison, Florida Department of Transportation, addressed the Board and gave a presentation regarding the Florida Department of Transportation's Tentative Five-Year Work Program for Fiscal Years 2000/2001 through 2004/2005, which he reviewed in detail with the Board, at which time he answered questions from the Board regarding same. He distributed, for the Board's perusal, a handout (2020 Florida Transportation Plan/1999 Short Range Component: Plan-In-Brief), which he noted indicated how the FDOT plans to carry out the goals of the Florida Transportation Plan through the year 2006.
Commr. Hanson questioned one of the improvements that were listed in the report, being the turn lane on Britt Road. She stated that her concern was Britt Road itself and the impact of encouraging more traffic to go down the road, noting that she had already discussed the cattle crossing that exists on said road for a dairy that is located in the area with Mr. Jim Stivender, Jr., Senior Director, Public Works, which is a prescriptive right-of-way that went through the gentlemen's cow pasture, to start with, and now he has considerable problems getting his cattle from one side of the road to the other. She stated that people are not real sensitive to stopping, while cattle crosses the road. She stated that she felt the County needed to do something about the situation.
Mr. Stivender stated that the County has had a standing offer to build a cattle crossing at said site, which he noted would be a box culvert.
Commr. Hanson interjected that it was with the demand that the gentleman provide more right-of-way and she did not feel that was right, since the County had already taken right-of-way from him. She stated that now the law has changed to where the County compensates for right-of-way and she feels the County needs to look into the matter.
Mr. Stivender reviewed the FDOT Five Year Work Program with the Board, noting that, in 2001, Tavares will be six-laned; in 2003, Hwy. 441 will be torn up between Tavares and Leesburg; in 2004, the Florida Turnpike interchange will be going in; and by 2005, there will be construction going on between Tavares and Mt. Dora. He stated that, in south Lake County, the design is underway for Hwy. 27 and SR 50 and noted that FDOT is proceeding forward with the preliminary design for SR 46, from Hwy. 441 to the Wekiva River. He noted that SR 46 will be four-laned.
Commr. Hanson questioned whether there would be signalization at SR 435 and 46 and a turn arrow at SR 437, as indicated by Senator Cowin's Office.
Mr. Stivender stated that those projects were currently underway.
Mr. Szunyog informed the Board that a public hearing has been scheduled for Lake, Orange, Osceola, and Seminole Counties, regarding the FDOT Tentative Five Year Work Program for FY 2001/01 to FY 20004/05, to be held at the METROPLAN ORLANDO Office, on December 7, 1999, at 5:00 p.m. He stated that everybody was welcome to attend.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PRESENTATION
PRESENTATION BY CITY OF LEESBURG CONCERNING MAIN STREET FUNDING AND MAINTENANCE
MUNICIPALITIES/PUBLIC WORKS
Mr. Tony Otte, City Manager, City of Leesburg, addressed the Board stating that it was his understanding that the Board of County Commissioners had placed $200,000.00 in this year's budget for the Main Street Project and that it would place $200,000.00 in next year's budget for said project, as well. He stated that the City of Leesburg was very much appreciative of said funds and thanked the Board for partnering with them on said project. He stated that another issue he would like to address was the fact that the City had been told that the County wished to turn over the maintenance of 1,800 feet of the Streetscape Project to the City, which he noted it had agreed to, along with another 8,050 feet of Main Street, that is located outside the Streetscape area. He stated that the City had studied it and developed some numbers regarding same.
Mr. Richard Coates, Director of Public Works, City of Leesburg, addressed the Board and gave a quick overview of how the City arrived at the numbers indicated by Mr. Otte, for maintaining Main Street and the Streetscape Project. He stated that it had been agreed, over time, that the County would support the paving and milling of the project, curb and gutter portion of the project, and 50% of the sidewalk costs, as well as the installation of new traffic signals at four intersections, totaling $447,000.00, which he noted is how the City arrived at the $400,000.00 figure that the County funded. He stated that it is now being considered for the City to take over Main Street from Dixie Avenue to Hwy. 27, which is going to have a financial
impact on the City, because the road is substandard in many places and is going to cost approximately $679,000.00 to bring it up to standards. He reviewed various pictures with the Board, indicating substandard conditions that currently exist on said road.
Commr. Pool questioned whether it was the Board's responsibility to repair roads and sidewalks that the City has permitted to be torn up, by allowing heavy trucks and equipment to travel across them, while the construction of new buildings is occurring.
Mr. Otte stated that Commr. Pool had a good point, however, felt that it was unfair for the County to add 8,000 linear feet of street, in addition to the Streetscape Project, for the City to maintain, without additional funding.
Commr. Hanson stated that she would be willing to look at some sort of shared costs with the City of Leesburg and then, some time in the future, have the City take over the continued maintenance of the road. She stated that perhaps some sort of phasing in could occur, however, noted that the County would need to get credit for the dollars it has already contributed.
Mr. Otte requested the Board to give county staff direction for negotiating an agreement with the City of Leesburg, along those lines, to bring back to the Board at a later date. Commr. Cadwell suggested having county staff look at the road, with regard to what it would normally do under County policy, and see what the difference would be in the dollar figures and then to look at a long range plan for bringing the road up to standards. He stated that the agreement would include the City of Leesburg taking over the maintenance of the road now and the County agreeing to participate in the improvements, with them being spelled out ahead of time and with a time frame being designated.
Commr. Swartz stated that he felt staff needed to look at the agreements that currently exist on the roads in the County, because there may be some discrepancies, which he alluded to.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed staff to meet with representatives from the City of Leesburg, to look at an eight to ten year phasing in of bringing the roads in the City of Leesburg up to standards and to look at the issue of stormwater, in particular, with the final result being that the City of Leesburg will maintain them from that point forward, and that staff obtain information regarding the various roads that go through the cities in the County, to give the Board some idea of what they are getting into.
RECESS AND REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would recess until 10:15 a.m.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PRESENTATIONS
PRESENTATION REGARDING PROGRAM TO ESTABLISH COMMUTER RAIL IN LAKE COUNTY
GROWTH MANAGEMENT
Mr. Ben Biscan, Vice President and General Manager, Florida Central Railroad, addressed the Board and presented a plan for establishing commuter rail in Lake County, at which time he distributed a handout that he had prepared regarding same, containing articles of information about the commuter rail, as well as a map indicating the various stops that it would make along its route. He stated that his firm was originally a branch of CSX Transportation, however, is currently owned by the Pensley Railroad Company, a family owned railroad business that has been in business since 1935. He stated that his firm feels it will some day be a part of the public transportation infrastructure. He stated that their plan is to take the tracks and the infrastructure that Florida Central has from Eustis through Tavares, around the south side of Lake Dora, and come out at Zellwood, paralleling Hwy. 441 to Orlando, meeting at an intersection with the Lynx Bus System and the proposed light rail system in Orlando. He stated that the plan would create approximately 50 to 100 jobs.
Mr. Biscan stated that he was asking for a vote of support from the Board this date for the concept of the commuter rail system, which he noted his firm could have up and running for less than $50 million, if everybody contributes what is being requested from them. He stated that, if the system does not draw the ridership that is expected, the money invested by each community will stay in those communities, to be used as they see fit. He stated that the funding to construct is available and he feels the system will be up and running 18 months from the time his firm obtains approval. He noted that the cost of operating the system will be approximately $5 million per year.
Mr. Biscan informed the Board that his firm has applied for approximately $20 million in funding from the Florida Department of Transportation and that they have been presenting their proposal to the various entities, looking for acceptance. He stated that they were requesting a show of support from the Board this date, to add to their request for funding.
Commr. Swartz stated that he felt mass transit would be wonderful for Lake County, noting that he is a real proponent of it.
Commr. Pool concurred, stating that he felt the Board should embrace and support the concept and allow staff to investigate it. He stated that, if it is found to be viable, in five to ten years it may pull thousands of cars off the roads in the County.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved for the Chairman of the Board of County Commissioners to write a letter to Mr. Ben Biscan, Vice President and General Manager, Florida Central Railroad, supporting the concept of a commuter rail in Lake County.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PRESENTATIONS
PRESENTATION OF VETERANS SERVICE PLAQUE TO LAKE COUNTY'S VETERANS SERVICE OFFICE
Mr. Fletcher Smith, Senior Director, Department of Community Services, addressed the Board stating that each year the Veterans of Foreign Wars VFW recognizes Veterans Services Offices in the State for outstanding service. He stated that this year Lake County is being recognized for the great work that its staff has been doing.
Mr. Paul Goldych, Director, Veterans of Foreign Wars, State Service Office, addressed the Board and presented a Veterans Service plaque to Mr. Tom Osebold, Division Director, Lake County Veterans Service Office, for providing the best service to the veterans and widows/dependents of veterans in Lake County for 1999. He noted that $22,500,000.00 was brought into Lake County by said staff for its 27,500 veterans.
Mr. Osebold and Ms. Dollie Marie Galusha, Assistant Veterans Officer, Lake County Veterans Service Office, were presented with certificates recognizing their service to the veterans of foreign wars, by the Veterans of Foreign Wars National Veterans Service Office.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARING
ORDINANCE AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS, PLAT SUBMITTAL REQUIREMENTS
GROWTH MANAGEMENT/ORDINANCES/ZONING
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DEFINITIONS; AMENDING SECTION 14.07.04 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS REGARDING
SUBDIVISION SUBMITTAL REQUIREMENTS; PROVIDING FOR ADDITIONAL FINAL PLAT REQUIREMENTS; PROVIDING FOR THE DEDICATION OF A 7.5 FOOT UTILITY EASEMENT ADJACENT TO RIGHT-OF-WAYS AND A 8 FOOT DRAINAGE EASEMENT ADJACENT TO THE SIDE AND REAR LOT LINES; PROVIDING FOR HORIZONTAL CONTROL POINTS USING THE STATE PLANE COORDINATE SYSTEM; PROVIDING FOR MANDATORY USE OF COMPUTER AIDED DRAFTING (CADD) METHODS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1999-108, amending Chapter II, Land Development Regulations, Plat Submittal Requirements, as presented.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARING
TRANSMITTAL OF THE LAKE COUNTY EVALUATION AND APPRAISAL REPORT (EAR) OF THE COMPREHENSIVE PLAN
GROWTH MANAGEMENT/ZONING
The Chairman informed those present that the EAR process was a complicated issue and that he felt to rush through it this date would probably be a mistake. He suggested holding a worksession, to review the changes being proposed, before acting on it
It was the consensus of the Board to postpone the Public Hearing regarding transmittal of the Lake County Evaluation and Appraisal Report (EAR) of the Comprehensive Plan until the Board Meeting scheduled for December 14, 1999, at 9:00 a.m., and schedule a Worksession, to be held at 1:30 p.m., on November 23, 1999, for the purpose of reviewing the changes being proposed.
Commr. Hanson asked staff to deal with the same issues for agriculture that they had dealt with for mining. She stated that she could then address them with the people in the agricultural community.
Commr. Swartz stated that he had some points of concern that he would like to discuss and request staff involvement in between now and the worksession.
The Chairman opened the public hearing.
Mr. Alton Roane, Director of Public Services, City of Eustis, addressed the Board and questioned whether the Board, at some point, was going to transmit copies of the EAR to the
various municipalities in the County and obtain input. He stated that the City of Eustis would like to review it, because they will be significantly affected by it.
Mr. Roane was informed that each municipality has a copy of the report in their respective libraries.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz informed the Board that he felt they had an opportunity, through the EAR process, to make some changes in the County's Comprehensive Plan that was approved five years ago. He distributed a handout that staff had prepared, for the Board's perusal, noting that he was not asking the Board to adopt any of the concepts and anticipated amendments, but to get them to at least direct staff to prepare some of the amendments, to have before them as they begin the workshop, so that they would have a chance to look at them in more detail. He reviewed said handout and requested the Board to authorize staff to develop goals, policies, and objectives to address the following:
Commr. Cadwell interjected that for staff to do what Commr. Swartz was suggesting in such a short period of time would be almost inconceivable, noting that the issues he addressed would drastically change the Comprehensive Plan. He stated that he felt staff could look at the issues and bring back to the Board what they could, but did not feel that staff should be expected to make said changes in such a short period of time. He stated that he felt they were issues that needed to be looked at and discussed; however, he did not want to force staff to say that they
could accomplish said changes, because he does not feel they can, and still do the job that they have to do.
Commr. Hanson stated that she felt the real purpose of the EAR process was to go through and determine what was functioning and what was not and then determine what needed to be changed. She stated that the changes Commr. Swartz was requesting would be a major overhaul, although she felt it would be helpful and some of them would be an improvement. She stated that she felt the Board needed to look at the fact that, over the last six years, the County has not had large developments come before them - most of the developments have been very small. She stated that most of the large developments are coming through the cities, rather than through the County. She stated that she appreciated the points that Commr. Swartz had brought up and felt they should be looked at, however, as far as directing staff to move forward on them, would be opposed to that, at this point in time.
Commr. Cadwell requested staff to bring forward everything they could, with regard to said issues, at the worksession that has been scheduled for November 23, 1999.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
FISCAL AND ADMINISTRATIVE SERVICES - PROCUREMENT SERVICES
Mr. Bruce Conway, Senior Director, Procurement Services, addressed the Board and answered a concern that Commr. Gerber had, with regard to this request, in that it was her understanding that the County entered into this contract in 1995 and that it has been automatically renewed since then. She stated that she felt it was time for it to go out to bid.
Mr. Sandy Minkoff, County Attorney, informed the Board that the contract is only being extended until the end of February, 1999, at which time it will have to go through the RFP process.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Fiscal and Administrative Services - Procurement Services, for approval of the Second Amendment to Agreement between Lake County and Geraldine Kerr and Associates, Inc., for Court Reporting Services, in the estimated amount of $60,416.65, and authorized proper signatures on same.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/SOLID WASTE
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed individuals to vacant positions on the County-wide Solid Waste Study Committee, as follows:
Mr. R. J. (Bob) Fegers, representing District 3
Ms. Claudia Kuhn, representing District 5
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board recommended individuals to forward to the Central Florida Sports Commission, for appointment consideration to the vacant Lake County position on the Central Florida Sports Commission Board of Directors, as follows:
District 1
Christopher James Bell
Steven M. Day
District 2
Ann Dupee
Fred Sommer
John A. Moore
Dennis L. Horton
David Allen
Dr. Larry L. Oexner
District 3
Irene Ann James (Rene)
A. James Jones
Chris Sears
Dennis D. Wilson
District 4
Gene Molnar
District 5
Keith Shamrock
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously,
by a 5-0 vote, the Board appointed members and/or alternate members representing participating
libraries to the Lake County Library Advisory Board, as follows:
Fruitland Park Public Library
Ms. Helen White.
Mr. Chris Bell (Alternate)
Tavares Public Library
Mr. Robert Moore
Ms. Dorothy Keedy (Alternate)
Umatilla Public Library
Mr. Alexander Nixon
Ms. Ann Large (Alternate)
APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board approved Resolution No. 1999-195, appointing members to the
Affordable Housing Advisory Committee, as follows:
A Resident Who is Actively Engaged as a Real Estate Professional in Connection with Affordable Housing
Ms. Shirley Darity
A Resident Who is a Provider of Affordable Housing
Ms. Kelly Pisciotta
A Resident Who is Actively Engaged in the Banking or Mortgage Banking Industry in Connection with Affordable Housing
Colleen R. Walls
Two Residents Who Are Representatives of Those Areas of Labor Engaged in Home Building in Connection with Affordable Housing
Ms. Debbie Vanier
Mr. Bradley J. Mauck
A Resident Who is a Concerned Citizen for Affordable Housing
Ms. Betty Graham
LAWS AND LEGISLATION/MEETINGS
It was the consensus of the Board to postpone action regarding the issues for the 1999 Legislative Delegation Packet until the Board meeting scheduled for November 23, 1999.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
MUNICIPALITIES/PUBLIC WORKS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that the runway for the City of Umatilla's airport is slightly shorter than it should be; therefore, in order to assist the City, it has been requested that West Skyline Drive be closed during Airport operations. He stated that they have proposed to install a gate system that will be manned or pilot operated.
It was noted that this is a temporary fix that the Florida Department of Transportation has approved, to allow the City to look at other options, with regard to extending the runway and the types of things that will be needed, in order to get the runway the way it should be.
On a motion by Commr. Pool, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to authorize the City of Umatilla to construct and operate a traffic control device, such as a manned or pilot operated gate on West Skyline Drive, during Airport operations, with traffic being stopped during the takeoffs and landing of planes.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
PUBLIC WORKS/ROADS-COUNTY AND STATE/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request to extend Johns Lake Road. He stated that said project has been in the County's road program for three to four years. He stated that the estimated cost of the project was originally $2.3 million; however, the County negotiated it down to $1.6 million, which he noted would be with impact fee credits. He stated that the City of Clermont supports the project, because it will be an alternative route to Hwy. 27.
Mr. Sandy Minkoff, County Attorney, pointed out the fact that, in Section 6 of the Agreement, the developer has requested that the County look at changing its current impact fee credits, a scheme where the County currently allows credits to only be used in the development for which the improvements are made. He stated that, in said section, the Agreement provides that, if the County changes its ordinance in the future to allow assignment or transfer of impact fee credits, it allow these credits to thus be assigned. He stated that if, in fact, an ordinance comes forward, it would apply to this Agreement.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and execution of a Developer's Agreement between Lake County and Lost Lake Reserve, L.C., for the extension of Johns Lake Road west from Lost Lake Elementary School to U.S. 27. Lost Lake Reserve shall design, permit, and construct this project. The County will provide $1,566,061.30 in impact fee credits to Lost Lake Reserve, L.C., for the non-site related road improvements.
REPORTS
COUNTY ATTORNEY
GROWTH MANAGEMENT/ORDINANCES/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board that this was a request to advertise an ordinance that would change part of Section 1of the Lake County Code. He stated that the County was sued last month, with regard to the Bingo Ordinance - a request for an injunction to get the County not to enforce its Code. He stated that the County won the suit, however, noted that an argument was made regarding said section of the Code and, in order to clarify the matter and make it very clear, so that that argument could not be made in the future, staff suggested this change to the Code. He stated that it would provide the same constitutional scheme that is presently in the Code for county ordinances, in that generally county ordinances would apply only in the unincorporated county, unless the Ordinance specifically states that it would apply countywide. He stated that, in that case, it would apply countywide, unless a municipality had an ordinance that conflicted with it. He stated that the proposed Ordinance still retains that, if the County passes an ordinance only in the unincorporated county, a municipality can make that ordinance apply within the city, if the County agrees and would enforce it there.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to advertise an ordinance amending Section 1-5 of the Lake County Code entitled "Jurisdiction."
REPORTS
COMMISSIONER GERBER - DISTRICT 1
ORDINANCES/PUBLIC HEALTH
Commr. Gerber informed the Board that she would like to bring the issue of the Ordinance pertaining to cigarettes being placed out of the reach of children in various establishments back to the Board, at a later date, for further discussion and/or action.
REPORTS
COMMISSIONER POOL - DISTRICT 2
MISCELLANEOUS/MUNICIPALITIES
Commr. Pool congratulated those individuals who participated in the South Lake County Community Foundation "Pig on the Pond" event that took place over the weekend in Clermont, noting that it was a wonderful event that was well attended and that it raised a lot of money for many charitable organizations.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
ASSESSMENTS
Commr. Hanson questioned whether staff had a report as to the cause of the recent assessment problem within the County.
It was noted that the County Manager, Ms. Sue Whittle, would be bringing a report back to the Board, at a later date, regarding the matter.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
COMMITTEES/PUBLIC HEALTH
Commr. Hanson informed the Board that, with regard to the issue of hiring a consultant to develop a strategic plan for health care for indigents, for the Health Care Committee, she feels the County should fund the $3,000.00 fee for the facilitator, with the hospitals funding the cost of the facility that will be used for the facilitator's use.
It was noted that the matter would be put on the Agenda for the Board Meeting scheduled for November 23, 1999, for discussion and/or action.
REPORTS
COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-191, honoring Florida's State Parks, which were voted "America's Best" out of fifty states.
REPORTS
COUNTY ATTORNEY (CONT'D.)
GROWTH MANAGEMENT/ORDINANCES
Mr. Sandy Minkoff, County Attorney, brought up for discussion the issue of an emergency ordinance for shoreline protection, at which time he distributed, for the Board's perusal, a draft of said ordinance.
Discussion occurred regarding the matter, at which time Mr. Minkoff addressed concerns the Board had regarding said ordinance.
Ms. Nancy Fullerton, President, Save Our Lakes Committee, addressed the Board and discussed the reason for requesting that an emergency ordinance be approved, noting that there
is dredging and backhoe excavation going on at several lakes in the County and there are several other lakes that have been permitted by the Department of Environmental Protection (DEP) for the clearing of vegetation along the shorelines of the lakes.
Discussion occurred regarding whether or not a moratorium should be passed eliminating any clearing of shoreline vegetation by mechanical means.
It was noted that a moratorium would affect everything, not just the clearing of shoreline vegetation.
Mr. Minkoff informed the Board that, if an emergency ordinance is approved, it will require permits for certain types of activities in the County that are in addition to DEP permits.
It was noted that, if one did not have a DEP permit as of this date, one would fall under the new rules, until the ordinance is passed.
A motion was made by Commr. Swartz and seconded by Commr. Hanson to approve an emergency ordinance dealing with shoreline protection.
Under discussion, Mr. Minkoff questioned whether (1) the Board wanted the proposed Ordinance to include language that anybody with an existing DEP permit could continue with their project, and (2) whether it would pertain countywide only, or county and cities.
Commr. Swartz stated that he felt it should pertain to the unincorporated area of the County.
The Chairman opened the public hearing.
Commr. Hanson stated that she was concerned about the fact that the Board had just been handed the Ordinance, which was quite in-depth. She stated that, while she might support it, she had a problem with acting on it so hastily. She stated that she did not have any evidence before her this date to indicate that the situation that exists is a true emergency.
Commr. Gerber stated that she was concerned about some of the definitions, noting that she felt they should be defined more clearly.
The Chairman called for a vote on the motion, which failed, by a 3-2 vote.
Commrs. Hanson and Pool voted "No".
It was noted that the Ordinance would have had to pass by a 4-1 vote.
Commr. Pool informed the Board that, if he was given an opportunity to review the proposed ordinance, he would have no problem with approving it; however, he was concerned about having to act on a three to four page document that he had not had an opportunity to review. He stated that he did not think that was good government.
Commr. Hanson stated that she did not have a problem with readdressing the proposed ordinance at the Board Meeting scheduled for November 23, 1999, which would give the Board time to review it.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to bring the issue of the emergency ordinance for shoreline protection back to the Board at the meeting scheduled for November 23, 1999, for discussion and/or action.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:10 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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