The Lake County Board of County Commissioners met in regular session on Tuesday, June 6, 2000, 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. (Commr. Swartz was not present due to other commitments.) Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a printed Addendum No. 1 had been added to the agenda.
Commr. Cadwell stated that he would be presenting an update on the negotiations with Ogden Martin Systems of Lake, Inc.
MINUTE APPROVAL
Regarding the Minutes of May 2, 2000 (Regular Meeting), clarification was requested on the motions on Page 16 and Page 17 regarding the referral to "50% of the roadway". At this time, the Minutes of May 2, 2000 were postponed until the County Attorney could provide clarification on the motions.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved the following requests:
County Policies/Budgets
Request for approval of Amendment to Investment Policy.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fine - Inland Mortgage, Reduction of Order of Fine, in the amount of $1,500.00, dated April 13, 2000, and recorded in Official Records Book 1812, pages 2388 and 2389, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 14th day of April, 2000; and authorized proper signature on same.
Request for approval of Release of Fine - Jacob Moore, Order of Fine, in the amount of $5,300.00, dated February 25, 2000, and recorded in Official Records Book 1798, pages 1827 and 1828 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 1st day of March, 2000; and authorized proper signature on same.
Request for approval of Release of Fine - Eugene C. Rohrer, Order of Fine, in the amount of $500.00, dated September 16, 1999, and recorded in Official Records Book 1752, pages 2425 and 2426 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 20th day of September, 1999; and authorized proper signature on same.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment - State of Florida vs. Jerry Lee Gills, Case No. 9901773CFA01, in the amount of $750.00. This Final Judgment entered on the 18th day of October, 1999, and recorded in OR Book 1774, Page 1244, of the Public Records of Lake County, Florida; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment - State of Florida vs. Aurelio Villanueva, Jr., Case No. 90-1670CFA, in the amount of $50.00. This Final Judgment entered on the 4th day of April, 1991, and recorded in OR Book 1104, Page 0310, of the Public Records of Lake County, Florida; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment - State of Florida vs. John Lee Johnson, Jr., Case No. 85-1837MM-A-01-34, in the amount of $250.00. This Final Judgment entered on the 8th day of May, 1986, and recorded in OR Book 875, Page 1690, of the Public Records of Lake County, Florida; and authorized proper signature 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/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending April 30, 2000 - Disbursements made to Board: $132,469.00. Same period last year: $143,583.14.
State Agencies
Request to acknowledge receipt of Notice, in accordance with Section 274.05, Florida Statutes, that the Governing Board of the St. Johns River Water Management District has declared certain equipment as surplus, and these items are now being offered to other Florida governmental units within our 19-county district and to other water management districts. Any governmental unit interested in obtaining these items must submit a written offer to:
Wendy Miller, Purchasing Supervisor
Division of Procurement
St. Johns River Water Management District
P. O. Box 1429
Palatka, FL 32178-1429
All offers must be submitted by 5:00 p.m. Thursday, May 18, 2000.
State Agencies
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In Re: Application of Lake Utility Company for amendment of Certificates Nos. 527-W and 461-S to add territory in Lake County, Docket No. 000041-WS, Order No. PSC-00-0804-PAA-WS, Issued April 24, 2000, Order Amending Certificate to Include Additional Territory and Notice of Proposed Agency Action Order Approving Rate for Reclaimed Water Service.
Audits/Reports
Request to acknowledge receipt of Auditor General, State of Florida, Report No. 13647, an audit made of the Lake County District School Board, for the Fiscal Year Ended June 30, 1999.
Request to acknowledge receipt of Audited Financial Statements and Supplemental Information, Greater Orlando Area Legal Services, Inc., as of December 31, 1999 from Simasek & Whitley, P.A.
State Agencies
Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to Neustar, Inc., North American Numbering Plan Administrator; Sprint-Florida, Inc., and Sprint Communications Company Limited Partnership, Sprint PCS; The City of Deltona; Volusia County; Alltel Florida, Inc; Northeast Florida Telephone Company; AT&T Communications of the Southern States, Inc. and AT&T Wireless Services, Inc.; Bellsouth Telecommunications, Inc.; Omnipoint Communications MB Operations, LLC dba Omnipoint Communications; and All Other Interested Persons; Docket No. 990455-TL, Request for Review of Proposed Numbering Plan Relief for the 305/786 Area Code - Dade County and Monroe County/Keys Region; Docket No. 990456-TL, Request for Review of Proposed Number Plan Relief for the 561 Area Code; Docket No. 990457-TL, Request for Review of Proposed Numbering Plan Relief for the 954 Area Code; and Docket No. 990517-TL, Request for Review of Proposed Numbering Plan Relief for the 904 Area Code. Notice is hereby given that a prehearing conference will be held on May 11, 2000, at 9:30 a.m.; and a public hearing will be held on May 18-19, 2000 at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 2000-12, Town of Lady Lake, Florida, Pertaining to Land Development Regulations; Providing for Amendments to the Land Development Code of the Town of Lady Lake, Florida; Amending Provision Regarding the Technical Review Committee, passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 3rd day of April, 2000.
Commr. Swartz was not present for the vote.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 9, Item A.3., a request for approval of budget transfer from Sales Tax Capital Projects, Building, in the amount of $375,000.00, to Books, Publications and Library Materials, be pulled from the agenda. She noted that the revised version of this request was listed on Addendum No. 1, Item A.1.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the following requests, with the exception of Tab 9, Item 3:
Resolutions/Roads-County & State
Request for approval of Resolution No. 2000-74 to rename a portion of Oswalt Road (#2-0840) to Edgewater Drive.
Libraries
Request for approval of names for the Lake County Library System branches, as follows:
Groveland area: Marion Baysinger Memorial County Library
Mt. Plymouth/Sorrento area: East Lake County Library
Four Corners area: Citrus Ridge County Library
Accounts Allowed/Libraries
Request for approval of two blanket purchase orders, in the amount of $50,000.00 each, for the purchase of books and library materials from Baker & Taylor for Four Corners area branch library and Mt. Plymouth/Sorrento area branch library.
Contracts, Leases & Agreements/Grants/Committees
Request for approval and execution of amendments to all 1999-2000 agreements for Annual Grant Funding for the Citizens' Commission for Children. Those agreements include Childhood Development Services; Children's Home Society-Healthy Families; Golden Triangle YMCA-Black Achievers; Hospice of Lake & Sumter-Camp Bridges; Joining Hands of Florida, Inc. - Special Needs Equipment; Lake-Sumter Children's Advocacy Center-Crisis Counseling; and Mount Olive Missionary Baptist Church-Stuckey's Kids.
Accounts Allowed/Libraries
Request for approval for the purchase of automation equipment and licenses through Expitech, Inc. for the Four Corners area branch library, Mt. Plymouth/Sorrento area branch library, and Groveland area branch library in the amount of $76,189.10.
Contracts, Leases & Agreements/County Property
Request for approval of First Amendment to Declaration of Restrictive Covenants for Lake County Central Park.
Accounts Allowed/Budget Transfers/Grants/Sheriff/Emergency Services/Libraries
Resolutions
Request for approval of budget transfer from Law Enforcement - Equipment to General Fund, Constitutional Offices/Sheriff, Grants, in the amount of $146,144.00. The Sheriff has requested the budgeted dollars be transferred from the Law Enforcement - Equipment account to the Grants account.
Request for approval of budget transfer from Contingency - County Fire Control, in the amount of $160,000.00, to County Fire Control, Emergency Services, Office Supplies, in the amount of $99,000.00 and Machinery & Equipment, in the amount of $61,000.00. Additional funds are needed in the Office Supplies and Machinery & Equipment accounts to cover NFPA 1901 standards for minimum equipment to be carried on the fire apparatus/pumpers, and to purchase a plotter and an ARC Info software license.
Request for approval of Resolution No. 2000-75 to amend the Countywide Library System Fund in order to account for unanticipated revenue to be received in the amount of $2,240.00 from LIVE at the Library Grant to provide for costs of Professional Services and Travel & Per Diem for the program series "LIVE at the Library 2000".
County Employees/Personnel
Request for approval and execution of certificates for employees with one and three years of service.
Resolutions/Roads-County & State/Subdivisions
Request for authorization to execute Resolution No. 2000-76 for Village at Black Bear accepting the following roads into the County road maintenance system: Calusa Boulevard (C.R. #4-6587), Oconee Avenue (C.R. #4-6587A), and Saranac Court (C.R. # 4-6587B).
Accounts Allowed/Budgets
Request for approval and signature on the annual Arthropod Work Plan Budget for Fiscal Year 2000-2001, in the amount of $34,328.00.
Accounts Allowed/Contracts, Leases & Agreements/Deeds//Subdivisions/Resolutions
Roads-County & State
Request for approval and authorization to accept the final plat for Courtney Jane Estates; accept a Statutory Conservation Easement Deed to Lake County from Arnold T. Jackson & Pearl M. Jackson; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Arnold T. Jackson, Sr., & Pearl M. Jackson; accept a Letter of Credit for maintenance in the amount of $29,647.00; and execute Resolution No. 2000-77 accepting Yellowstone Lane (C.R. # 4-5984), Stagecoach Trail (C.R. #4-5884), and Foothill Lane (C.R. # 4-5884A) into the County road maintenance system. Subdivision consists of 36 lots - Commission District 4.
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State/Resolutions
Subdivisions
Request for approval and authorization to accept the final plat for Savannas Phase 2C Subdivision; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Maronda Homes, Inc. of Florida; accept a Letter of Credit for maintenance in the amount of $10,863.13; and execute Resolution No. 2000-78 accepting Cinnamon Fern Loop "Part" (C.R. # 2-0258A) and Sundew Court (C.R. #2-0258D) into the County road maintenance system. Subdivision consists of 33 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for approval and authorization to accept the final plat for Palisades Phase 2B Subdivision; execute a Developer's Agreement for Construction of Improvements between Lake County and CanAm Palisades, Ltd.; and accept a Letter of Credit for performance in the amount of $93,604.50.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Budget Transfers/County Property/Libraries
Request for approval of budget transfer, in the amount of $591,000.00 from Sales Tax Capital Projects, Facilities and Capital Improvements, Buildings to Machinery and Equipment, in the amount of $341,000.00 and Books, Publications and Library Materials in the amount of $250,000.00. Funds are needed in Machinery and Equipment to purchase furniture and automation equipment for the library, and funds are needed in Books, Publications and Library Materials for the Four Corners, Mt. Plymouth and Groveland area branch libraries.
Planning/Subdivisions
Request for approval and authorization to accept the final plat for Pennbrooke Phase Q Subdivision. Subdivision consists of 55 lots - Commissioner District 1.
Request for approval and authorization to accept the final Plat for Pennbrooke Phase 1-1 Subdivision. Subdivision consists of 30 lots - Commission District 1.
Commr. Swartz was not present for the vote.
PERSONAL APPEARANCES/PRESENTATIONS/TIME CERTAIN
PERSONAL APPEARANCES
EMPLOYEE AWARDS
At this time, Commr. Cadwell presented the following awards and plaques, as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:
Presentation of Plaque to Employees with Ten Years of Service
John A. Carlson, Equipment Operator III, Solid Waste/WMFO/Trans/Hauling
Archie L. Lambert, Equipment Operator III, Solid Waste/WMFO/Trans/Hauling (Not Present)
Presentation of Plaque to Employee with Fifteen Years of Service
Karen B. Jones, Emergency Management Director, Emergency Services/Emergency Management
Presentation of Plaque to Employee with Twenty-Five Years of Service
Clarence Morgan, Equipment Operator III, Public Works/Roads/Maintenance Area I (Not Present)
Presentation of Plaque to Retiring Employee with Fourteen Years and Two Months of Service
Curtis Reese, Tire Specialist, Public Works/Special Services/Fleet Maintenance
Presentation of Plaque to Retiring Employee with Twenty-Seven Years and Six Months of Service
Harry Howard, Equipment Operator III, Public Works/Roads/Special Projects (Not Present)
VOLUNTEER AWARD TROPHY
Presentation of Achievement Award Trophy
Walt Zeiner, Volunteer Firefighter
BOARDS/COMMITTEE PRESENTATIONS
PRESENTATION OF CERTIFICATES
Lake County Bicycle/Pedestrian Advisory Committee
Rachael Augspurg for service from 1997-2000 (Not Present)
John Elder for service from 1996-2000 (Not Present)
Gary Pike for service from 1998-2000
Lake County Board of Adjustments
Margaret Giacobe for service from 1996-2000
Lake County Citizens' Commission for Children
Gerard King for his service from 1999-2000
Cindy Pratt for her service from 1997-1999
Julie Yandell for her service from 1998-2000 (Not Present)
Lake County County-Wide Solid Waste Study Committee
Mary Pezzo for her service from 1998-2000 (Not Present)
Lake County Environmental Protection Advisory Board
F. Lee Porter for his service from 1997-2000
Lake County Tourist Development Council
Karin Bernard for service from 1998-2000
PRESENTATION OF PLAQUES
Lake County Board of Building Examiners
Marc T. Matthews for his service from 1998-2000
Lake County Tourist Development Council
Stephen Ward for his service from 1993-2000 (Not Present)
CERTIFICATE OF MERIT
Steven Simon, Code Enforcement Officer
MINUTE APPROVAL (CONTINUED)
Mr. Sandy Minkoff, County Attorney, provided clarification to the Minutes of May 2, 2000, (Regular Meeting) and noted that the referral to "50% of the road" was incorrect; therefore, the following changes were requested:
Page 16, Line 29 - delete "over 50% of".
Page 17, Line 9 and Line 26 - delete "over 50% of".
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the Minutes of May 2, 2000 (Regular Meeting), as amended.
Commr. Swartz was not present for the discussion or vote.
INTRODUCTIONS
At this time, Commr. Cadwell introduced Commr. Bob Freeman, Orange County Board of County Commissioners, who was present in the audience.
PRESENTATION - LAKE COUNTY CULTURAL AFFAIRS COUNCIL
COMMITTEES/COUNTY EMPLOYEES
Ms. Connie Petrowicz, Lake County Cultural Affairs Council, appeared before the Board to make a presentation on the Lake County Community Cultural Plan by the Cultural Affairs Council. She introduced Dr. Amy Dickerson, Professional Art Management Consultant; the members of the Lake County Cultural Affairs Council; and the Cultural Plan Task Force who were present in the audience. She stated that the Community Cultural Plan was the first cultural plan for Lake County, and the Cultural Affairs Council was encouraging the Board to incorporate the Community Cultural Plan in the Lake County Comprehensive Plan to provide direction, support and acknowledgment that the arts are important to the citizens of Lake County, not only as a quality of life issue but as an economic and tourist development tool. She explained that Dr. Dickerson was hired to guide this effort, and to develop and distribute a survey instrument to gauge the community's participation in arts activities and determine their expressed needs. Community meetings were held to encourage public participation in the process, and Dr. Dickerson hosted a meeting to engage local arts and cultural organizations in the process to establish a vision for the continued growth of the arts in Lake County.
Ms. Lee Bailey, Grants Officer, Lake County Schools, and Art Instructor, Lake Sumter Community College, appeared before the Board to discuss the essential aspects of art education. She explained that the arts convey knowledge and meaning not learned through the study of other subjects and represent a form of thinking and a way of knowing that was based in human imagination and judgment. She stated that students of the arts continue to out perform their non-art peers on the scholastic assessment test (SAT). She stated that the value of arts education was firmly grounded in theory and in research, and now was the time to find ways as a community to share and make arts an education available to all.
Mr. George Pringle, Lake County Cultural Affairs Council, appeared before the Board to briefly discuss the direct economic impact of the arts in Lake County. He encouraged the Board to support the Cultural Affairs Council's local efforts by establishing and funding a position for a full-time executive director, and to include the goals and objectives of the Community Cultural Plan in the Lake County Comprehensive Plan.
Ms. Petrowicz encouraged the Board to study the Community Cultural Plan Summary. She stated that the Cultural Affairs Council was requesting that the Board accept the Community Cultural Plan, incorporate the goals and objectives of the Cultural Plan into the Lake County Comprehensive Plan, and to fund a full-time executive director's position.
Commr. Hanson stated that the arts are a part of our quality of life, are integral in our daily living, and affect Lake County's well being. She stated that the Community Cultural Plan does need to be a part of the Lake County Comprehensive Plan and suggested that the plan be integrated into the Economic Element of the Comprehensive Plan. She stated that an executive director was necessary to help coordinate all of the art, cultural, and heritage organizations and to go after available grants. She stated that the Tourist Development Council has approved to fund the executive director position out of tourism dollars.
Commr. Pool stated that statistics prove that the arts in the schools were very important and suggested that there may be an opportunity between the Tourist Development Council, Lake County and the Lake County School Board to form a partnership in this effort.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved to accept the Lake County Cultural Affairs Council's Community Cultural Plan as presented; and to incorporate the Community Cultural Plan, as appropriate, into the Lake County Comprehensive Plan.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to create the position of executive director to manage cultural affairs, arts, heritage and ecotourism in Lake County; and for staff to bring back funding options through the budget process.
Discussion occurred regarding funding options, at which time, Commr. Hanson stated that art festivals, craft shows and cultural festivals do generate a lot of dollars in over night stays in Lake County, which is where tourism dollars are generated.
Commr. Gerber stated that she was not comfortable approving an executive director position until the Board has had an opportunity to discuss the Tourist Development Council budget at the Board Retreat.
The Chairman called for a vote on the motion, which carried unanimously by a 4 - 0 vote.
Commr. Swartz was not present for the discussion or votes.
RECESS & REASSEMBLY
At 9:45 a.m., the Chairman announced that the Board would recess and reconvene at 10:00 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE/ROAD PROJECTS
Ms. Sue Whittle, County Manager, presented the request for approval of advance funding for the PD&E study to six lane State Road 50 from U.S. 27 to the Orange County line. She stated that staff recommends approval of this request.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for approval of advance funding and Chairman's signature on subject agreement for the PD&E study to six lane State Road 50 from U.S. 27 to the Orange County line.
Commr. Swartz was not present for the discussion or vote.
Commr. Bob Freeman, Orange County Board of County Commissioners, appeared before the Board to express appreciation to Commr. Pool for his efforts and unwavering support of regionalism in West Orange County and South Lake County. He stated that the West Orange South Lake Task Force was established last year to work together in a regional manner with State Road 50 being the number one priority. He informed the Board that West Orange County has agreed to fund their PD&E study. He expressed his thanks to the Lake County Board of County Commissioners for their vision to understand the cooperative efforts with the Orlando Orange County Expressway Authority and to give them the authority to evaluate other corridors moving into Lake County to ease the County's transportation efforts.
Commr. Cadwell expressed the Board's appreciation to Mr. Michael Szunyog, MPO Liaison, Florida Department of Transportation (FDOT), who was present in the audience for his efforts on the Board's behalf.
REPORTS
COUNTY ATTORNEY
ORDINANCES
Commr. Pool stated that he requested that the County Attorney bring forward the request for approval to advertize an ordinance relating to the harvesting of timber due to the fact that illegally harvesting of timber, wood and cypress was occurring throughout Lake County. He explained that many property owners are not aware of the harvesting and are not being compensated. He explained that the ordinance will require notification, compensation and will prevent the loggers from harvesting without a permit. He further explained that the Sheriff's Office will have the ability, using the Global Positioning System (GPS) through the County GIS Department, to obtain necessary information pertaining to locations, permitting, and permission.
Mr. Donald Bronson appeared before the Board to discuss his concerns with the harvesting of timber in the South Lake County area. He explained that many of the property owners in the South Lake County area are absentee property owners and are not aware of the harvesting of timber on their property. He stated that the loggers are cutting timber on property without permission, building roads through swamps, clogging natural runs, and cutting in the Withlacochee River. He stated that the loggers are not concerned with property lines and an ordinance was necessary that requires that the four corners of a parcel be surveyed by a licensed surveyor and permission from the owner be obtained before timber can be harvested. At this time, discussion occurred regarding the accuracy of the Global Positioning System (GPS). Commr. Pool stated that the GPS was accurate within centimeters and would provide the Sheriff's Department with the four coordinates of the latitude and longitude. He stated that, knowing the legal description of the property with the four corners marked through the GIS Department, the County will insure that the loggers are harvesting in an area in which they have permission with compensation and consideration for the land owner.
Commr. Cadwell suggested that the Board move forward with the approval to advertise and requested that the GIS Department make a presentation to include an update on the accuracy of the GPS to the Board at the first public hearing.
Mr. Bronson requested that the Board notify him of the date of the first public hearing on the ordinance relating to harvesting of timber.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve to advertise an ordinance relating to harvesting of timber.
Sheriff George E. Knupp appeared before the Board and clarified that the GPS does provide the helicopter pilots with the location of property; however, a road deputy is sent to the location on most calls. He explained that the road deputy can only make an arrest if the property boundaries are marked on the ground, and the ideal situation would be for the property to be surveyed with the four corners marked so that the Sheriff can determine who owns what property.
Commr. Pool amended his motion to include in the title a boundary survey requirement, and Commr. Hanson amended her second to the motion.
Commr. Gerber expressed concern that it does not appear that the County is enforcing the Best Management Practices for Silviculture.
The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.
Commr. Swartz was not present for the discussion or vote.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments or concerns.
PRESENTATION - AQUATIC PROGRAM UPDATE
Ms. Lora Baily, Special Services Division Director, Department of Public Works, appeared before the Board and noted that material on the history of the Aquatic Plant Management Program had been distributed to the Board prior to the start of the presentation.
Mr. Eric Cotsenmoyer, Mosquito and Aquatic Plant Management Director, appeared before the Board to make a presentation on the current status and proposals for the future of the Aquatic Plant Management Program in Lake County. Mr. Cotsenmoyer introduced Mr. Bob Rinehart, Assistant Director; Mr. Jim Bridgewater, Aquatic Biologist; and Mr. Jeff Waalewyn, Aquatic Technician, who were present to assist in the presentation. Mr. Cotsenmoyer explained that there have been inconsistencies in the program, and staff was requesting direction from the Board on how to alleviate those inconsistencies. At this time, Mr. Cotsenmoyer made a "Power Point" presentation on the Aquatic Plant Management Program, as follows:
OBJECTIVES
Review Lake County's Current Aquatic Plant Management Program
Our Current Program
- Maintain water hyacinths, water lettuce and hydrilla on eligible sovereignty lands.
- State funded
- Provide services on case by case basis causing inconsistencies
- County funded
- Ocklawaha and Palatlakaha Chain of Lakes
- Provide services on case by case basis outside River Basins causing inconsistencies.
- County funded
- Public rights-of-ways/properties
- County funded
A Comparison of Lake County With Other Counties
Polk County
Orange County
Volusia County
- Eichlornia crassipes (water hyacinths)
- Pistia Stratiotes (water lettuce)
- Hydrilla verticillata (hydrilla)
- Panicum repens (torpedograss)
- Alternanthera philoxeroides (alligator weed)
- Hygrophila polysperma (hygro)
- Spirodela polyrhiza (duckweed)
- Salvinia minima (salvinia)
- Typha spps. (Cattails)
- Schinus terebinthifolius (brazilian pepper)
- Melaleuca quinquenervia (melaleuca)
- Sapium sebiferum (chinese tallow)
Where These Plants Are Managed
- Public boat ramp
- Directional sign to boat ramp
- Sufficient space for turning and parking
How These Plants Are Managed
Herbicidal - all counties
Biological - all counties
Mechanical - all except Lake County
Funding Sources
- General Revenue/Ad Valorem - all counties
- MSTU - Orange County only
- Environmental Lands Tax - Polk County only
Current Budgets
Polk County - $3.75 million
Orange County - $870,000
Volusia County - $240,000
Lake County - $245,000
Proposed Directions For Lake County
Eliminate Lake County's Program
- Assign activities to other county departments
- Hire private applicator
Reduce Level of Service
- Residential canals not funded by FDEP
- Non-eligible sovereignty lands
- Those activities funded by FDEP
- Those activities authorized through other government agencies
Maintain Status Quo
Cooperative APM Program
In-eligible Sovereignty Sites (Inconsistencies)
Residential Canals (Inconsistencies)
Arthropod Breeding Sites
Increase Level of Service
- St. John's and Wekiva Rivers
- Increase in operating expenditures ($15,000)
- Silver Lake, Spring Lake, Lake Gertrude, etc.
- Increase in operating expenditures ($15,000)
- Water bodies less than 10 acres
- Increase operating expenditures ($30,000)
- Public rights-of-way/Public properties
- Increase operating expenditures ($55,000)
- Purchase or rent harvesting equipment
- Increase in total budget ($40,000+/Rent)
- Develop facilities for bio-control agents
- Increase in total budget ($50,000+)
- Purchase or rent aircraft
- Increase in total budget ($10,000+/Rent)
Mr. Cotsenmoyer explained that an increase in level of service would require an increase in staff which would increase the total budget from 50% to 250% . He stated that the Board needs to establish a Standard Operating Procedure for the program so there are guidelines. He discussed inconsistencies as they pertain to the canals in the Astor area and the lakes in Lake County that are infested with hydrilla and other major exotic invasive aquatic plants.
Commr. Gerber stated that she would support controlling water hyacinths, water lettuce and hydrilla as a priority.
Commr. Pool stated that some land owners have stated that they were willing to participate and pay for a portion of the herbicides if the County would administer the herbicides. He encouraged staff to discuss partnership opportunities with the Lake County Water Authority to jointly work with the County on aquatic plant management.
In response to a question presented by Commr. Hanson, Mr. Cotsenmoyer explained that the Department of Environmental Protection provides funding for the County to spray for the major exotic invasive aquatic plants but not for the minor exotic invasive aquatic plants.
At this time, staff was directed to establish two expanded programs for Aquatic Plant Management, to include two levels of funding, consideration of cost share on certain qualified lakes, and the impact on fisheries.
Ms. Sue Whittle, County Manager, noted that this issue would be discussed at the Fiscal Retreat scheduled on June 26, 2000.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present the request for approval and authorization to lease, as a public library, the community building in the Sorrento area; and approval of a lease agreement with the East Lake County Chamber of Commerce, in the amount of $8,751, for Fiscal Year 1999/2000. He introduced Ms. Betty Ann Christian, President; and Ms. Robin Weiss, Vice President, East Lake County Chamber of Commerce, Inc. who were present in the audience. He explained that the lease agreement was for five years and renewable for two additional five year periods. He stated that the agreement includes a First Right of Refusal clause should the property come up for sale.
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present an illustration of the library after the renovations are completed and discussed same. He responded to a question presented by Commr. Hanson and stated that there was not an existing dedicated right-of-way north of the site for access to State Road 46.
Commr. Hanson declared a conflict of interest and stated that she, along with other Chamber of Commerce members and Board of Directors, guaranteed the mortgage for the purchase of the Chamber of Commerce land. A conflict of interest form was filed with the Clerk's Office.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 3 - 0 vote, the Board approved the request for approval and authorization to lease, as a public library, the community building located at 31336 County Road 437 South, Sorrento; and approval and execution of a lease agreement with the East Lake County Chamber of Commerce, Inc., in the amount of $8,751.00, for Fiscal Year 1999/2000; subject to the County Attorney's review and approval.
Commr. Hanson abstained from the vote.
Commr. Swartz was not present for the discussion or vote.
Mr. Smith acknowledged the efforts of Ms. Wendy Breeden and Mr. Mike Anderson
for getting the libraries in place.
GRANTS/MUNICIPALITIES
Mr. Fletcher Smith, Senior Director, Facilities and Capital Improvements, appeared before the Board to present the request for approval to extend an invitation to the non-participating municipalities in Lake County to join the Community Development Block Grant (CDBG) Urban County Program. He explained that, if a municipality does choose to enter the program, an Urban County Agreement would need to be executed between the County and the municipality and submitted to the Jacksonville HUD Office prior to July 14, 2000. He stated that twelve cities are currently not participating in the program.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for approval to extend an invitation to the non-participating municipalities in Lake County to join the Community Development Block Grant (CDBG) Urban County Program.
Commr. Swartz was not present for the discussion or vote.
CONTRACTS, LEASE & AGREEMENTS/SUITS AFFECTING THE COUNTY
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present the request for approval of a Settlement Agreement between Richard Toole vs. Lake County. She stated that this Settlement Agreement was the final resolution of a Special Master proceeding. She explained that a Vested Rights Determination was granted to Richard Toole in 1997, and the Tooles are requesting a ten (10) month extension. She stated that staff was recommending approval of a ten (10) month extension with no option for further extensions or modifications.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the request for approval of the Settlement Agreement between Richard Toole vs. Lake County.
Mr. Sandy Minkoff, County Attorney, explained that the Lake County Code requires that Vested Rights Determinations have no more than a three (3) year expiration date and this Vested Rights Determination, under the new code, required that plats be recorded on this property by June 2000. He stated that Mr. Toole was unable to get a plat recorded, and the only way for him to get an extension was to use the Special Master process.
Commr. Gerber stated that she would not support this request because it sets a precedent. She questioned how we can open the door for these types of projects if the County was requiring deadlines in the Lake County Code.
The Chairman called for a vote on the motion, which carried by a 3 - 1 vote.
Commr. Gerber voted in opposition.
Commr. Swartz was not present for the discussion or vote.
CONTRACTS, LEASES & AGREEMENTS/COUNTY EMPLOYEES
Ms. Sue Whittle, County Attorney, presented the request to ratify the Contract between Professional Firefighters of Marion County, Local 3169, and the Lake County Board of County Commissioners. She explained that the Professional Firefighters, in May 2000, unanimously approved the Collective Bargaining Agreement, effective June 6, 2000 to September 30, 2002.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for ratification of the Contract between Professional Firefighters of Marion County, Local 3169 and the Lake County Board of County Commissioners.
Commr. Swartz was not present for the discussion or vote.
OTHER BUSINESS
APPOINTMENTS/RESOLUTIONS/TOURIST DEVELOPMENT COUNCIL
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Resolution No. 2000-79 appointing Mr. Craig Willis to the Tourist Development Council to complete the unexpired term ending December 1, 2000 and to complete a consecutive four year term ending December 1, 2004.
Commr. Swartz was not present for the discussion or vote.
It was noted that the appointment of one member representing the category of owner/operator was postponed until it could be verified which applicants qualify as owner/operator of a motel, hotel, recreational vehicle park or other tourist accommodation in Lake County.
REPORTS
UPDATE - ASTOR-ASTOR PARK WASTEWATER TREATMENT FACILITY
Mr. Bill Chandler appeared before the Board to present an Astor-Astor Park Wastewater Treatment Facility Status Report. Mr. Chandler briefly discussed the water quality problem in the Astor area and stated that there has been an on-going battle for years between the St. Johns River Water Management District, Army Corp of Engineers, Florida Fish and Wildlife Conservation Commission and the citizens of Astor about the effect of spraying aquatic plants in the river and the canals. He stated the citizens of Astor feel very strongly that spraying has been a detriment to the fishing industry.
Mr. Chandler reported that Phase I of the Astor-Astor Park Wastewater Treatment Facility was scheduled to go out for bid on June 11, 2000, and the facility should be operational during the latter part of 2001. The wastewater treatment system was a state of the art facility and will cost approximately 6.75 million dollars. He explained that the treatment plant was a sequential batch reactor with a capacity of 400,000 gallons per day, the effluent disposal system consists of three rapid infiltration basins, and the collection and distribution system was a low pressure system sealed to prevent stormwater infiltration and was comprised of more than 20 miles of piping and 552 pump stations.
Mr. Chandler stated that Governor Bush has signed this year's budget which includes $1,500,000 for Phase II engineering and construction. He stated that the design and engineering for Phase II would begin in July 2000 and should be ready for bid no later than June 2001. He stated that the Astor-Astor Park Water Association sincerely appreciates the support they have received from the Board of County Commissioners and staff.
COUNTY MANAGER
ACCOUNTS ALLOWED/ASSESSMENTS
Ms. Sue Whittle, County Manager, provided a status report on the creation of the software module for Emergency Services assessments by Perconti Data Systems. She informed the Board that Phase I, the preliminary design was completed at a cost of $25,000; and the cost of Phase II would be $35,000. She stated that full implementation was scheduled to take place on June 19, 2000, and they expect to certify the roll on schedule September 15, 2000.
No Action was required.
ADDENDUM NO. 1
COUNTY ATTORNEY
ORDINANCES/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, presented a request for approval of an Emergency Order Resolution and Ordinance prohibiting the sale, purchase and use of all fire works that are allowed to be sold in the State of Florida. He stated that the Emergency Order will require unanimous approval by the Board. He explained that the emergency order would go into effect for seven (7) days and the Chairman of the Board of County Commissioners will be asked to extend the emergency order for an additional seven (7) day period or additional seven (7) day periods thereafter if the dry conditions continue.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved Lake County Emergency Order Resolution No. 2000-81, an emergency order prohibiting the sale, purchase and/or use of fireworks, certain pyrotechnic novelties, and trick noisemakers, and the use of flares and outdoor burning; and Ordinance No. 2000-34, as follows:
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, DECLARING A STATE OF EMERGENCY PURSUANT TO AND IN ACCORD WITH THE PROVISIONS OF CHAPTER 252, FLORIDA STATUTES, AND THE LAKE COUNTY COMPREHENSIVE LOCAL EMERGENCY MANAGEMENT PLAN, DUE TO THE EXTENSIVE FOREST AND BRUSH FIRES IN LAKE COUNTY AND THE CONTINUING THREAT CREATED THEREBY; MAKING FINDINGS; PROVIDING A DURATION FOR THE DECLARED STATE OF EMERGENCY AND EXTENSION THEREOF; MAKING UNLAWFUL THE SALE, PURCHASE, USE, DISCHARGE, DISPENSING OR DISPLAYING OF FIREWORKS, SPARKLERS AND CERTAIN PYROTECHNIC NOVELTIES AND TRICK NOISEMAKERS; MAKING UNLAWFUL THE USE OR DISCHARGE OF FLARES AND EXPLOSIVES; MAKING UNLAWFUL OUTDOOR BURNING AND THE USE OF OTHERWISE LAWFUL OUTDOOR BURNING DEVICES; PROVIDING FOR PENALTIES; PROVIDING AN EXCEPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Commr. Swartz was not present for the discussion or vote.
COMMISSIONER POOL - DISTRICT NO. 2
FOR YOUR INFORMATION ITEMS
Commr. Pool expressed his appreciation to Mr. Steve Judson for the trip to Lake Lowery which was attended by Senator Anna Cowin and Representative Randy Johnson. He stated that it was an informative trip and an opportunity to see Lake Lowery and the issues of concern with the flow of water to the north and south.
Commr. Pool expressed his appreciation to Chairman Mel Martinez for addressing his concerns at the South Lake and West Orange Transportation Task Force last week.
RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Resolution No. 2000-80 declaring June as Safety Month in Lake County.
Commr. Swartz was not present for the discussion or vote.
COMMISSIONER HANSON - DISTRICT NO. 4
EMERGENCY SERVICES FIRE UPDATE
Mr. Tad Stone, Senior Director, Emergency Services, appeared before the Board to provide a status report on the fires that have occurred in Lake County. He reported that the drought index for the Lake Mack and Paisley area was in the upper 700 range, and the index for the south end of Lake County was in the mid 700 range. He stated that there were currently 20 active fires that are being worked daily, and 15 of those fires are in the south end of the County. He stated that the fires in the south end of the County have been turned over to a state overhead team, and they are attempting to maintain the fires and are assisting the County with the initial attack.
COMMISSION CADWELL - CHAIRMAN AND DISTRICT NO. 5
COMMISSIONER'S BUSINESS
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved the selection of Commr. Cadwell as the voting delegate; and Commr. Hanson and Commr. Pool as the alternates for NACo's annual election of officers.
Commr. Swartz was not present for the discussion or vote.
UPDATE - OGDEN MARTIN SYSTEMS OF LAKE, INC. NEGOTIATIONS
Commr. Cadwell informed the Board that the meetings with Ogden Martin Systems of Lake, Inc. and Mr. F. Brown Gregg were positive, and Ogden Martin has been given a 60 day deadline to work together to develop a solution. He stated that he reminded Ogden Martin that the County's goals were to be out of the current contract and to have a garbage rate comparable with the State of Florida. He expressed his appreciation to Ms. Sue Whittle, County Manager; Mr. Sandy Minkoff, County Attorney; and Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, for their efforts in the negotiation process.
Mr. Sandy Minkoff, County Attorney, reported that two conditions have tentatively been agreed to subject to the Board's approval of the process. The first condition was that the offers that are made by the parties will be considered offers; therefore, they will not be admissible in court should litigation occur if there is no settlement agreement. The second condition was that, during the 60 day period, the three sides will not discuss publicly the issues that are offered unless an agreement is reached or unless the parties all agree to discuss them. He stated that, should no agreement be reached within the 60 day time frame, all discussions will be considered public information.
Commr. Cadwell stated that he also related to Ogden Martin that it was the Board's intent to move forward with litigation if an agreement cannot be reached at the end of the 60 day period.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:40 a.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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