The Lake County Board of County Commissioners met in regular session on Tuesday, November 7, 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 Chair; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. 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
It was noted that a published Addendum No. 1 had been added to the agenda. Commr. Hanson requested that discussion on inviting a Palm Beach County Planner to make a presentation on urban boundaries be placed on the Agenda under Reports.
Ms. Sue Whittle, County Manager, noted that she would be presenting minor wording changes to Tab 43 and Tab 44.
MINUTES
Regarding the Minutes of October 3, 2000 (Regular Meeting), Commr. Pool requested the following correction:
Page 14, Line 28-29 - change "Springfellow" to Stringfellow.
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 3, 2000 (Regular Meeting), as corrected.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 10, 2000 (Regular Meeting), as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 19, 2000 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Bonds
Request for approval of Engagement letter from Ernst & Young to perform services for the following bond issues, for a fiscal impact in the amount of $4,000.00, and authorized proper signature on same:
$69,615,000
Lake County, Florida
Industrial Development Refunding Revenue Bonds (NRG/Recover Group Project)
Series 1993A (the Series 1993A Bonds)
$6,500,000
Lake County, Florida
Line of Credit Revenue Note
Draw Number 6
Audits/Reports
Request for approval of Engagement Letter to audit and report on the general purpose financial statements of The District Five Medical Examiner (Medical Examiner) for the year ending September 30, 2000, for a fiscal impact in the amount of $10,000.00.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Fine for John and Bessie B. Kiser, Reduction of Order of Fine, in the amount of zero dollars ($0), dated October 17, 2000, and recorded in the Official Records Book 1871, Pages 1944 and 1945, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the19th day of October, 2000; and authorized proper signature on same.
Accounts Allowed/Courts-Judges
Request for approval of Release of Fine for Richard and Doris B. Daniels, Reduction of Order of Fine, in the amount of zero dollars ($0), dated September 25, 2000, and recorded in Official Records Book 1864, Pages 555 and 556, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of September, 2000; and authorized proper signature on same.
Request for approval of Release of Fine for Josephine Norris, Second Order of Fine, in the amount of six hundred dollars ($600.00), dated October 10, 1997, and recorded in Official Records Book 1585, Pages 0047 and 0048, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 19th day of February, 1997; and authorized proper signature on same.
Request for approval of Release of Fine for Marcus Seward, Jr. and Daisy Seward, Order of Fine, in the amount of three thousand two hundred fifty dollars ($3,250.00), dated January 12, 2000, and recorded in Official Records Book 1786, Pages 2365 and 2366, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 19th day of January, 2000; and the Second Order of Fine, in the amount of twenty-four thousand dollars ($24,000.00), dated April 18, 2000, and recorded in Official Records Book 1814, Pages 833 and 834, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 19th day of April, 2000; and authorized proper signature on same.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Timothy Twice Moody, Case No. 9900775CFA01, in the amount of $750.00, and recorded in Official Records Book 1858, Page 1806, of the Public Records of Lake County, Florida, on the 21st day of June, 2000; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Trina Michelle Fields and Parents Barbara Fields and Dorsey Fields, Case No. 85-454-CJ, in the amount of $250.00, and recorded in Official Records Book 847, Page 1039, of the Public Records of Lake County, Florida, on the 26th day of July, 1985; and authorized proper signature on same.
Request for approval of Amended Satisfaction of Judgment for Justin Dale Brown, Case No. 87-495-CJ, in the amount of $50.00, and recorded in Official Records Book 0921, Page 2119, of the Public Records of Lake County, Florida, on the 21st day of May, 1987; and authorized proper signature on same.
Bonds - Contractor
Request for approval of Contractor Bonds, New, Cancellation and Rider, as follows:
New
1086-01 Don Walters/B & V Refrigeration, Inc.
1442-01 Terry V. Schichtel (Plumbing)
4356-01 Peltz Inc. dba Mike Peltz Professional Plumbing
4478-01 Kenneth A. Young dba Young's Electric
4535-01 John F. Kiley dba Kiley & Sons, Inc. (Plumbing)
4595-01 J.D. Martin dba J.D. Martin Plumbing
4616-01 Stephen W. Rust/Rust Electrical Services
4750-01 Stan King dba R.E.W. Services, Inc. (Electrical)
4753-01 Norman Adams Home Builders, Inc.
4817-01 Gary L. Hampton (Class C Residential)
4849-01 Larry D. New/Economy Electric
4901-01 William S. Roboski Jr./The Plumbing Connection of Central Florida, Inc.
5024-01 Gary Gioia/Anthony's Plumbing, Inc.
5037-01 Myron D. Deetz/Smith's Air Conditioning and Electric, Inc.
5054-01 Glenn E. Prickett/Action Air and Electric, Inc.
5304-01 Sign Center of Central Florida, Inc. dba Sign Centers USA
5359-01 Gregory Wayne David dba Greg David Electric
5391-01 Samuel F. Sears and Countryside Pools and Spas, Inc.
5402-02 G. C. Stanley, Inc. (Electrical)
5404-01 Tom Duncan dba Duncan Air Conditioning
5442-01 Dennis Paul Solomon (Residential Class C)
5479-01 David Elmer Olds/D.E.O. Construction Services, Inc.
5491-01 George F. Crispi (Electrical)
5565-01 Rex A. Russell dba Russell Electrical Constructors
5569-01 William Greenberg dba Morris Electric
5573-01 John Cadwell/Affordable Roofing by John Cadwell, Inc.
5719-01 Bradley Alan Raver/Raver Roofing, Inc.
5723-01 Dennis E. Rogers/Professional Roof Systems, Inc.
5801-01 Willie B. Milam, Jr., dba Milam Roofing Company
5802-01 Scott A. Emrich/B & E Electrical of SC, Inc.
5803-01 Raun W. Treible Air Conditioning & Heating
Cancellations
4711-00 Lynn Gilbert-Imperial Enterprises by Gilbert
5047-00 Jim Bader (General Residential Contractor)
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending September 30, 2000. Disbursements made to Board: $88,230.10; Same period last year: $151,093.87
Reports
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.
State Agencies
Request to acknowledge receipt of Notice before the Public Service Commission, Notice of Staff Workshop to All Florida Certificated Pay Telephone Companies and All Other Interested Persons; Re: Undocketed Pay Telephone Workshop. Notice is hereby given that the staff of the Florida Public Service Commission will conduct public workshops at the following locations:
Orlando City Council Chambers
October 19, 2000 at 9:00 a.m. - 1:00 p.m.
400 S. Orange Avenue
Orlando, Florida
Jacksonville City Hall Annex Building
October 24, 2000 at 9:00 a.m. - 1:00 p.m.
The Chamber, 15th Floor
220 East Bay Street
Jacksonville, Florida
Broward County Governmental Center
October 20, 2000 at 9:00 a.m. - 1:00 p.m.
115 S. Andrews Avenue, Room 422
Ft. Lauderdale, Florida
Budgets
Request to acknowledge receipt of Southwest Florida Water Management District Budget in Brief - Fiscal Year 2001 Annual Service Budget pursuant to the provisions of Section 373.507(3)(a), Florida Statutes.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $5,540.77.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, County Manager, requested that Tab 14, a request for approval to purchase the Heath A. Adkins property located along the St. Johns River in Astor, Florida, be pulled for discussion. She further requested that Tab 15, Item 4, a request for approval of budget transfer in the amount of $350,000.00 from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvement, Land, in the amount of $260,000.00 and Buildings in the amount of $90,000.00 (total $350,000.00); and Item 11, a request for approval of a resolution to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001, in the amount of $17,000.00, from developmental review revenue and to provide appropriations from the disbursement of these funds to the County Health Department into Aid to Government Agencies, be pulled for discussion.
Commr. Hanson brought up for discussion Tab 3, a request for approval of waiver of impact fees for applicants for the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP); and approval of payment of these fees from the Impact Fee Trust Fund interest. She stated that she would support designating the County Manager to approve waiver of impact fees.
Mr. Sandy Minkoff, County Attorney, explained that staff has implemented a process where the applicant's name is brought forward as soon as the applicant applies for waiver of impact fees so there should be no waits or delays for any of the individuals.
It was noted that Tab 3 would be approved under the County Manager's Consent Agenda and would be further discussed under Commr. Hanson's business.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Tab14, and Tab 15, Item 4 and Item 11:
Accounts Allowed/State Agencies
Request for approval of waiver of impact fees for applicants for the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP); and approval of payment of these fees from the Impact Fee Trust Fund interest.
Robert Wright 3 bedroom home 50%= Road $672 School $616 Fire $65
Lamar Loudermilk 3 bedroom home 50%= Road $672 School $616 Fire $65
Gabriele Stafford 3 bedroom home 50%= Road $672 School $616 Fire $65
Alfredo Lopez 3 bedroom home 50%= Road $672 School $616 Fire $65
David Nasert 3 bedroom home 50%= Road $672 School $616 Fire $65
Robert Bedgood 3 bedroom home 50%= Road $672 School $616 Fire $65
Amanda Buse 3 bedroom home 50%= Road $672 School $616 Fire $65
Brian Larson 3 bedroom home 50%= Road $672 School $616 Fire $65
Jacki Schwid 3 bedroom home 50%= Road $672 School $616 Fire $65
Rochelle Rucker 3 bedroom home 75%= Road $1,007 School $924 Fire $98
Shannon Peters 3 bedroom home 75%= Road $1,007 School $924 Fire $98
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and authorization of signature on the Agreement between LifeStream Behavioral Center and Lake County for annual funding contribution in the amount of $166,925.00.
Accounts Allowed/Department of Community Services
Request for approval to continue the direct pay procedure during Fiscal Year 2000/2001 for the monthly Medicaid Nursing Home and Hospital bills, as well as for direct pay of the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 2000 in the amount of $1,730,000.00.
Accounts Allowed/Grants
Request for approval to change the Emergency Medication Voucher Program guidelines to march the CDBG Prescription Drug Program guidelines.
Accounts Allowed/Grants
Request for approval to accept the Community Development Block Grant (CDBG) Agreement in the amount of $929,000.00; authorize the Chairman's signature; and direct the Department of Community Services to implement the programs covered under the Agreement.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval of a lease renewal for the Lake County Probation Office located at 2753 W. Old Highway 441, Mount Dora, Florida, in the amount of $18,000.00.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Fiscal Year 2000/2001 Emergency Management Preparedness and Assistance Trust Fund Agreement in the amount of $102,926.00.
Accounts Allowed/Grants/Municipalities
Request for approval to reallocate Community Recreation Facilities Grant Funds from the Infrastructure Sales Tax Fund, in the amount of $15,000.00, to the City of Clermont; $5,000.00 to the Greater Altoona Society; and $10,000.00 to the City of Umatilla.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Municipalities
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the Town of Howey-in-the-Hills, recipients of the grant for Fiscal Year 2000/2001, in the amount of $12,000.00, for the construction and installation of four each playground components and benches on property owned, operated and located within the Town of Howey-in-the-Hills.
Accounts Allowed/Municipalities/Recreation
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Clermont, recipients of the grant for Fiscal Year 2000/2001, in the amount of $12,000.00, for the construction of lights for a full size softball field at Hancock Road Regional Recreational Facility property owned, operated and located within the City of Clermont.
Contracts, Leases & Agreements/Water Authority
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County, Lake County Water Authority and Lake County Soccer League Second Amendment and Restatement of the Agreement. The Water Authority has reached an agreement with the Soccer League for a ten-year facility use agreement. This Second Agreement and Restatement relieves the County of any and all further obligations under the Agreement.
Accounts Allowed/Budget Transfers/Libraries/Solid Waste/Capital Improvements/Medical Examiner/Health Department/Clerk of Courts/Resolutions
1) Request for approval of budget transfer, in the amount of $264,000.00, from Buildings to Sales Tax Capital Projects, Facilities and Capital Improvements, Machinery and Equipment, in the amount of $139,000.00, and Books, Publications and Library Materials in the amount of $125,000.00. Funds are needed in Machinery and Equipment to purchase library furniture and automation equipment and in Books, Publications and Library Materials to purchase books, publications and library materials for Marion Baysinger Memorial County Library. The funds needed were budgeted in object code 620 (Buildings).
2) Request for approval of budget transfer, in the amount of $99,650.00, from Contractual Services and $1,800.00 from Information Services - Other (total amount $101,450.00) to Landfill Enterprise, Solid Waste Management Services, Contractual Services, in the amount of $96,400.00; Communications and Freight (45065200) in the amount of $1,800.00; Communications and Freight (45069160) in the amount of $800.00; Communications and Freight (45069120) in the amount of $500.00; Printing and Binding in the amount of $150.00; and Communications and Freight (45065100) in the amount of $1,800.00 (total amount $101,450.00). (1) Funds are required to pay for temporary positions and security at the drop-offs ($94,00.00). (2) An emergency response system must be installed at the Residential Drop-offs for security purposes ($2,800.00). (3) The original budget omitted base phone charges and cellular charges for MIS/Scales and WMFO ($3,100.00). (4) The original budget omitted printing and binding costs for WMFO Administration ($150.00). (5) The funds for the telephone charges were budgeted in the wrong account number ($1,800.00). The total retrofit balance is $454,000.00 and the total original budget included $800,000.00 for retrofit costs.
3) Request for approval of budget transfer, in the amount of $36,985.00, from Land to Parks Capital Projects Fund, Facilities and Capital Improvements, Professional Services. Funds are needed to complete the park development on McTureous Memorial Park. Funds received from the Department of Transportation for this project were put in object code 610 (Land).
5) Request for approval of budget transfer, in the amount of $298,341.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvements, Machinery and Equipment. Funds are needed for telephone switch upgrades for Administration Building and the Judicial Center. The Board of County Commissioners approved the upgrades on September 26, 2000. Infrastructure Sales Tax revenue will be used for the purchase.
6) Request for approval of budget transfer, in the amount of $855,000.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvements, Machinery and Equipment in the amount of $480,000.00 and Books, Publications and Library Materials in the amount of $375,000.00 (total $855,000.00). Funds are needed for furnishing the three libraries (Astor, Paisley and Central Lake) approved by the Board of County Commissioners for Fiscal Year 2000/2001. Funds will provide furniture and equipment of $160,000.00 for each library for a total of $480,000.00 and will include library materials of $125,000.00 for each library for a total of $375,000.00.
7) Request for approval of budget transfer, in the amount of $890,000.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvements, Buildings. Funds are needed for buildings for the three libraries (Astor, Paisley and Central Lake) approved by the Board of County Commissioners for Fiscal Year 2000/2001. Funds will provide a modular building for each library for a total of $590,000.00 and an additional $100,000.00 allowed for site preparation at each location.
8) Request for approval of budget transfer, in the amount of $100,000.00, from Special Reserve to Parks Capital Projects Fund, Facilities and Capital Improvements, Buildings, in the amount of $33,000.00, and Improvements Other Than Buildings, in the amount of $67,000.00 (total $100,000.00). The Fiscal Year 1999/2000 budget reflected the receipt of the Florida Recreation Development Assistance Program Grant. It was not originally awarded; then notice was given of the award at the end of Fiscal Year 1999/2000. The budget for Fiscal Year 2000/2001 was not approved with this revenue and the matching funds from Lake County. This transfer allows the $100,000.00 grant matching as approved by the Board of County Commissioners in Fiscal Year 1999/2000. Special Reserve is available to meet the matching need for the FRDAP grant revenue. Agenda Item 2001-024A-R for the November 7, 2000 Board meeting discusses Twin Lakes Park Development Master Plan for review and approval.
9) Request for approval of budget transfer, in the amount of $66,000.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvements, Buildings. Funds are needed to purchase land and buildings for storage space for the Sheriff's Office. Estimated costs include an environmental assessment and survey. Object Code 620, Buildings, has funds for additional space needs. Contingent upon approval of Agenda Item 2001-060A by the Board of County Commissioners on November 7, 2000.
10) Request for approval of Resolution No. 2000-192 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 1999/2000, in the amount of $44,800.00, from medical examiner fees and to provide appropriations from the disbursement of these funds to the Medical Examiner's General Fund budget. Funds to be disbursed as follows: $1,881.00 into Salaries and $42,919.00 into Contractual Services.
12) Request for approval of Resolution No. 2000-193 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001, in the amount of $154,550.00, from Building Services Division fees and to provide appropriations from the disbursement of these funds to Building Services Division personnel and related operating costs, as follows: $144,330.00 into Salaries, $1,820.00 into Office Supplies, and $8,400.00 into Machinery and Equipment.
13) Request for approval of Resolution No. 2000-194 to amend the Parks Capital Projects Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001, in the amount of $100,000.00, from Florida Recreation Development Assistance Program Grant and to provide appropriations from the disbursement of these funds for Twin Lakes Park development, as follows: $15,000.00 into Professional Services and $85,000.00 into Improvements Other Than Buildings.
14) Request for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for September 2000. The total payment is $28,522.00.
15) Request for approval of Impact Fee Refund request to Val Coursey Homes, Inc. in the amount of $788.50. Waiver approved for Teri L. Fisher on August 15, 2000 by the Board of County Commissioners for low or very low-income housing. Building permit had already been issued to the builder.
16) Request for approval of Impact Fee Refund request to Val Coursey Homes, Inc. in the amount of $1,182.75. Waiver approved for Darnell Newton on August 15, 2000 by the Board of County Commissioner for low or very low-income housing. Building permit had already been issued to the builder.
17) Request for approval of Impact Fee Refund request to Pamela A. Edwards in the amount of $1,972.50. Waiver approved for Pamela Edwards on September 7, 1999 by the Board of County Commissioners for low or very low-income housing. Building permit had already been issued to the builder.
18) Request for approval of Impact Fee Refund request to Lennar Homes in the amount of $7,019.89. Builder purchased Impact Fee Pre-payment Certificates for seven properties, but did not present them until after the building permits were issued.
Accounts Allowed/Reports
Request for approval and authorization of change order to Hartman and Associates, Inc. to increase the scope of service and expend an additional $19,115.00 for the Astatula refueling facility Limited Contamination Assessment Report (LCAR).
Accounts Allowed/Bids/Libraries
Request for approval and authorization to award Bid #00-070 to design, construct and install three modular library buildings to Vision Building Solutions, L.L.C. in the amount of $594,717.00.
Accounts Allowed/Bids
Request for approval and authorization to award RFP #00-095 for the Transportation Impact Fee Study, encumber funds and authorize a contract, subject to County Attorney approval, to Tindale-Oliver and Associates, Inc. in the amount of $73,879.36.
Contracts, Leases & Agreements/Planning
Request for approval of Developer's Agreement to permit and start single family construction on ten units in Packing House By Products Company doing business as Mission Inn Golf & Tennis Resort Las Colinas Phase I Plat located at 10400 County Road 48, Howey-in-the-Hills, Florida.
Bonds - Mobile Home
Request for approval of a Mobile Home Bond for A.C. and Linda Keller at 32915 Ponderosa Avenue, Deland, Florida to place a self-contained recreational vehicle on the property for security reasons during construction of their home.
Contracts, Leases & Agreements/Communications
Request for approval of Sales/Installation Agreement including Addendum 1 with Verizon Communications to upgrade/enhance the Department of Growth Management's voice mail system per Resolution No. 2000-152 approved by the Board of County Commissioners on September 19, 2000.
County Employees/Personnel
Request for approval and execution of Certificates for employees with one year and three years of service.
Accounts Allowed/Bids/Road Projects/Roads-County & State
Request for approval and authorization to advertise for bids for CR-42/CR-450 Intersection Improvement Project No. 2001-02 at an estimated cost of $108,855.00 from the Impact Fee Fund. Commissioner District 5, Benefit District 1.
Assessments/Roads-County & State
Request for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for seven road assessments, as follows:
Assessment No. Name Date Paid
677018 Rosalie Sallee 09/13/00
677075 Lake County BCC 09/19/00
677082 Harvey and Jane Kellom 09/01/00
679042 Dawn Gruno Mac Afee 09/13/00
679048 Janet E. Warren 09/01/00
683020 Leo and Martha Blake 09/01/00
687025 William R. Kennan 09/25/00
Accounts Allowed/Bonds/Subdivisions
Request for approval and authorization to release a maintenance bond, in the amount of $25,450.00, that was posted for Clear Creek Phase Two Subdivision.
Deeds/Rights-of-Way, Roads & Easements/Roads-County & State
Request for approval to accept Statutory Quitclaim Deed, Statutory Warranty Deeds, Statutory Warranty Deeds (Corporation), Temporary Non-Exclusive Easement Deed, and Non-Exclusive Easement Deed, as follows:
Statutory Quitclaim Deed
Instrument/Grantor Road Name
Judith Ann Kurtha Thompson Place (#2-1235)
Lynn Marie Innerst
Rita J. Detweiler
Statutory Warranty Deed
Instrument/Grantor Road Name
H. James Jr., & Anita K. Simpson 441/44B Intersection
Frederick T. Olson & Priscilla B. Lynn Bill Collins & Thrill Hill Road (#4-6880)
Margarette C. Dubois Holly Way
Don E. & Sarah R. Tillery Lake Norris Road
Statutory Warranty Deed (Corporation)
Instrument/Grantor Road Name
Four Gators, Inc. a Florida Corporation 441/44B Intersection
HEP-8-CLER, L.C., a Florida Ltd. Hartwood Marsh Road (#2-0854)
Liability Company
Temporary Non-Exclusive Easement
Instrument/Grantor Road Name
Joann M. and David K. Greene Youpon Trail
Non-Exclusive Easement Deed
Instrument/Grantor Road Name
Francis R. Berens, et al Merry Road
Resolutions/Roads-County& State/Signs
Request for approval of Resolution No. 2000-195 authorizing the posting of "STOP" signs to create a three-way stop condition at the intersection of Belo Horizonte Avenue (2-0838B) and Alameda Sandra (2-0838E). A "No Thru Traffic" sign will be posted on Alameda Sandra (2-0838E) at its intersection with Oswalt Road (2-0840), and on Avenida Augusta (2-0838D) at its intersection with Lakeshore Drive (2-1040).
Accounts Allowed
Request for approval to refund Road Impact Fees, in the amount of $57,934.58, to Florida Choice Bank located in Eustis.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval and authorization to advertise for bids for #5-6903 Rolling Acres Road Signalization Project No. 2001-03 at an estimated cost of $60,000.00, from the Impact Fee Fund. Commissioner District 5, Benefit District 3.
Resolutions
Request for approval of Proclamation No. 2000-191 recognizing November 15 as Lake County Recycles Day in conjunction with America Recycles Day and Florida Recycles Day.
Accounts Allowed/Contracts, Leases & Agreements/Grants/State Agencies
Request for approval and authorization for the Chairman to execute the Playground Surfacing Grant application for 2000/2001 between Lake County and the Florida Department of Environmental Protection; authorization for the Chairman to execute and submit reimbursement requests as needed; and authorization to execute Interlocal Agreements with sub-grantees for the use of grant funds, subject to County Attorney approval, in the approximate amount of $19,266.00.
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
At this time, Commr. Cadwell presented the following plaques, as Ms. Lourdes Ramos,
Personnel Manager, provided information on each individual:
Presentation of Plaque to Employees with Five Years of Service
Ronald J. Searcy, Sign/Striping Technician, Public Works/Roads/Signs Signals & Stripping (Not Present)
Ricky J. Magnus, Sign/Striping Technician, Public Works/Roads/Signs Signals & Stripping (Not Present)
Presentation of Plaque to Employees with Ten Years of Service
John K. Starcher, Survey Technician II, Public Works/Engineering
Roy T. Weddle, Sr., Sign/Striping Technician, Public Works/Roads/Signs Signals Striping (Not Present)
John M. Bringard, Parks Services Supervisor, Facilities & Capital Improvements/Parks & Recreation/Parks (Not Present)
Presentation of Plaque to Employee with Twenty Years of Service
Nicie A. Parks, Human Services Coordinator, Community Services/Human Services
Presentation of Plaque and Bond to "Employee of the Quarter"
Russell C. Cheatham, Chief Mechanic, Public Works/Mosquito/Aquatic Plant Management
PRESENTATIONS TO COMMISSIONERS
Commr. Cadwell presented a plaque on behalf of the Board of County Commissioners and all of the citizens of Lake County to Commr. Rhonda Gerber for her eight years of service to the citizens of Lake County, and to Commr. Richard Swartz for his twelve years of service to the citizens of Lake County.
Ms. Ruth Russell Gray, President, Lake County Conservation Council, presented plaques and gifts in appreciation to Commr. Gerber and Commr. Swartz for their service to Lake County on behalf of the Lake County Conservation Council, Save Our Lakes, and the environmental community of Lake County.
Ms. Barbara Turcyn, a resident of Sugarloaf Mountain, presented a poem and plaque to Commr. Swartz on behalf of the residents of Sugarloaf Mountain in recognition of twelve years of unwavering support to help protect their lifestyle.
Mr. Bob Resetar, a resident of Sugarloaf Mountain, publicly thanked Commr. Gerber and Commr. Swartz for their years of service and dedication to Lake County and its citizens.
RECESS & REASSEMBLY
At 9:45 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 10:55 a.m.
PRESENTATIONS - LEAGUE OF CITIES JOINT PLANNING INTERLOCAL AGREEMENT
Commr. Cadwell announced that the presentation by the League of Cities on the Joint Planning Interlocal Agreement would be at this time, and discussion on the Joint Planning Agreement would be placed on the February 6, 2001 Board agenda at which time public comment would be received and action would be taken by the Board.
Mr. Hal Turville, representing the Lake County League of Cities, appeared before the Board to make a presentation on the Joint Planning Interlocal Agreement between Lake County and the Municipalities of Lake County. He explained that the proposed Interlocal Agreement describes how an existing joint planning area would be governed, and the key to the process was that each municipality would come before the Board with a proposed joint planning area to be approved by the Board. This provides the Board with the opportunity to legitimately negotiate whatever it is within the structure of the municipality's joint planning area that may not be agreeable to the Board. He explained that, as an example, if the city's Land Development Regulations were less stringent than the County's Land Development Regulations, the Board could, as part of the approval process, require the city to adjust their LDRs to the Board's satisfaction which, in turn, would help the city with their own LDRs. He stated that, if the Board embraces the concept, the Board would end up with a good many cities that enjoy a relationship with the County that describes exactly what is going to go on in a defined, predictable area. He explained that the document provides that all development within the joint planning area shall be to City standards as found in the city's Land Development Regulations, and the municipality would assume all permitting responsibility within the joint planning area. He stated that this proposal comes to the Board with a very sincere effort on behalf of the League of Cities to come up with concepts that the Board can endorse that will create urban boundaries that everyone will understand. He stated that this first step was to agree on how to govern a joint planning area and step two would be to find a joint planning area that the Board could embrace.
Commr. Swartz stated that the idea of joint planning areas, and the urban boundary concept was essential. He stated that it was the intent of the agreement to achieve eleven essential objectives; however, this agreement will not achieve most of those objectives and those are the issues that need to be addressed. He expressed concern that an area will come into an urban service boundary joint planning area, and the city with the lower regulations will suddenly come into play. He stated that the agreement should state that the more restrictive Land Development Regulations would apply. He stated that this agreement, as written, will not reduce urban sprawl and this agreement needs to address that issue.
Mr. Robert Moore appeared before the Board and stated that the agreement provides an opportunity to negotiate the Land Development Regulations once an individual city comes forward to present their joint planning area.
Commr. Swartz questioned if this agreement intends that the cities would take over the changing of the zoning, approval of the development and any changes in the Land Use Plan where necessary.
Mr. Moore responded that the County and the cities would work together in that area and that the jurisdiction for that area would remain the County's and the city would try to make their plans match.
Commr. Swartz stated that one of the things missing from this agreement was that there was no restriction for the city annexing out beyond the joint planning area. He explained that, if we agree on a joint planning area for urban services, and the County adopts an urban service boundary which is a part of our EAR process, the cities should adhere and not annex beyond the urban service boundary.
Mr. Turville responded that language could be put into the document to embrace that issue, however, language was not in the document because of the assumption that an individual's property does not break on Section lines.
Commr. Cadwell suggested that perhaps this document should be smaller with some procedures for the actual joint planning areas attached to the document. He suggested that stronger language may be needed to protect a few key issues for both sides. He reiterated that the proposed Joint Planning Interlocal Agreement between Lake County and the Municipalities would be placed on the February 6, 2001 Board of County Commissioners Agenda for further discussion and to receive public comment. He requested that the individual Commissioners that have input discuss this issue with Ms. Sharon Farrell, Senior Director, Department of Growth Management.
PUBLIC HEARINGS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance relating to Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program) on the floor for its final reading by title only, as follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000,000 AGGREGATE PRINCIPAL AMOUNT OF LAKE COUNTY, FLORIDA SALES TAX REVENUE BONDS (PARI-MUTUEL REVENUES REPLACEMENT PROGRAM), SERIES 2000 IN ORDER TO FINANCE CERTAIN CAPITAL IMPROVEMENTS WITHIN THE COUNTY; PLEDGING CERTAIN SALES TAX REVENUES RECEIVED BY THE COUNTY FROM THE STATE OF FLORIDA TO SECURE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2000 BONDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that there were two resolutions to be approved. The first resolution authorizes the issuance of the bonds, and the second resolution allows for the sale of the bonds. He stated that Mr. Steve Miller, Nabors, Giblin & Nickerson; Mr. Rick Patterson, Smith Barney; and Mr. Mitch Owens, William H. Hough, the County's Financial Advisor, were present in the audience.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-105, an ordinance relating to Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program), as read on its final reading, by title only.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-200, a resolution authorizing the issuance by Lake County, Florida, of not exceeding $5,000,000 Aggregate principal amount of Lake County, Florida Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program); and Resolution No. 2000-201, a Supplemental Resolution Without Bondholders' Consent.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Judy Boyd, representing Mr. Gordon Boyd, a resident on C.R. 437 South in Sorrento, appeared before the Board to request permission to keep a semi-truck for security purposes on approximately a four acre parcel owned by her mother-in-law in the Sorrento area. She explained that equipment has historically been parked on the parcel.
Commr. Hanson stated that she had suggested that Ms. Boyd file for a variance and noted that not having a land use that would allow someone to put in a facility for parking trucks on less than five (5) acres was a problem in Lake County.
Mr. Minkoff stated that there have been variances granted in circumstances where it was not a problem and conditions were placed on the parking of the truck; however, the general rule has been that a five (5) acre parcel was required to park one truck and tractor.
Commr. Hanson directed Ms. Boyd to discuss this issue with Ms. Sharon Farrell, Senior Director, Department of Growth Management.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
ACCOUNTS ALLOWED/COUNTY PROPERTY
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, presented the request for approval to purchase the Heath A. Adkins property located along the St. Johns River in Astor, Florida.
Commr. Cadwell disclosed that his wife's family had previously owned the property in question, however, do not have any interest in the property at this time.
Mr. Anderson stated that the property was located on Front Street in Astor, Florida, and was contiguous with the Lake County boat ramp. He stated that the property has a rich history, and it was expected that the property would be developed as an historical site. He stated that the property was appraised for its C-1 Neighborhood Commercial zoning without consideration for its historical significance. The appraised value, based on market value, was $275,000.00, and the asking price was $325,000.00. This offer was submitted by the County for $325,000.00, and the owner has indicated that they would accept no less than $325,000.00. He noted that an additional $25,000.00 has been added to the price to cover anticipated closing costs. He stated that funding would be from the pari-mutuel revenues fund.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to purchase the Heath A. Adkins property located along the St. Johns River in Astor, Florida, at a cost of $325,000.00.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/CAPITAL IMPROVEMENTS
Ms. Sue Whittle, County Manager, presented Tab 15, Item 4, a request for approval of budget transfer, in the amount of $350,000.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvement, Land, in the amount of $260,000.00 and Buildings in the amount of $90,000.00 (total $350,000.00). She stated that the funding source for the purchase of the Astor property would be from pari-mutuel bond money and not Infrastructure Sales Tax Revenue as indicated on the agenda.
She stated that Tab 15, Item 11, a request for approval of a Resolution to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001, in the amount of $17,000.00, from developmental review revenue and to provide appropriations from the disbursement of these funds to the County Health Department into Aid to Government Agencies, has been withdrawn from the agenda. She explained that, in lieu of this resolution, the Finance Department prefers to have the Building Department set up an account line item on their cash register, and the monies will be posted to a liability account to be paid directly to the Health Department.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of budget transfer, in the amount of $350,000.00, from Buildings to Sales Tax Capital Projects Fund, Facilities and Capital Improvement, Land, in the amount of $260,000.00 and Buildings in the amount of $90,000.00 (total $350,000.00). Funds are needed to purchase land and existing structure in Astor for historic preservation, pending approval of Agenda Item 2001-039A-R by the Board of County Commissioners on November 7, 2000. Land costs are $235,000.00 and closing costs are estimated at $25,000.00. Existing structure estimated at $90,000.00. Pari-Mutuel Bond can be used as the funding source for the purchase, but a Trust for Public Land grant is being sought for reimbursement purposes.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/GRANTS/PARKS AND RECREATION
Mr. Bob Stevens, Director, Parks and Recreation, appeared before the Board to present the review of the Park Development Master Plan for Twin Lakes Park and approval to proceed with the development in the amount of $100,000.00. He explained that the Board of County Commissioners approved the submittal of a Florida Recreation Development Assistance Program Grant for the Twin Lakes Park in Fiscal Year 1999/2000, and the matching grant was awarded by the Department of Environmental Protection. He stated that, with the addition of a $25,000.00 recreation facilities grant awarded by the Board to the neighborhood association for picnic and playground equipment, this total project was $225,000.00.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Park Development Master Plan for Twin Lakes Park in the amount of $100,000.00.
ACCOUNTS ALLOWED/GRANTS/PARKS AND RECREATION
Mr. Bob Stevens, Director, Parks and Recreation, appeared before the Board to present the review of the Park Development Master Plan for McTureous Memorial Park and approval to proceed with the development in the amount of $44,985.00. He explained that the Board of County Commissioners approved sale of McTureous Memorial Park to Florida Department of Transportation for widening of U.S. Highway 19 through Altoona. He stated that the Parks and Recreation Division purchased two (2) acres of land contiguous with the existing half acre McTureous Homestead and Museum Park directly across the street. At this time, he discussed the McTureous Memorial Park Master Plan.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Park Development Master Plan for McTureous Memorial Park in the amount of $44,985.00.
ACCOUNTS ALLOWED/COUNTY EMPLOYEES
RISK MANAGEMENT/INSURANCE
Ms. Christina Hannon, Risk Manager, appeared before the Board to present the request for approval of a plan change for the funding of medical insurance for family coverage, increasing the payroll deduction by $10,00 per month, effective January 1, 2001; and modifying it to include an additional $10.00 from the Board for each full-time employee, effective October 1, 2000, in order to cover the current costs of the plan.
On a motion by Commr Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request for approval of a plan change for the funding of medical insurance for family coverage, increasing the payroll deduction by $10.00 per month, effective January 1, 2001; and modifying it to include an additional $10.00 from the Board for each full-time employee, effective October 1, 2000, in order to cover the current costs of the plan and ensure an adequate contingency fund.
PLANNING/RESOLUTIONS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present this request.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 2000-196 establishing a Comprehensive Plan Amendment Schedule for Calendar Year 2001, and authorization for the Chairman to execute same.
COMMISSIONERS
At 11:14 a.m., Commr. Cadwell departed the meeting.
ACCOUNTS ALLOWED/RESOLUTIONS/TRANSPORTATION
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval of a resolution endorsing the Lake County Transportation Outreach Program by the State of Florida. He stated that there was approximately $60,000,000.00 available statewide for project funding.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 4 - 0 vote, the Board approved the request for approval of Resolution No. 2000-197 endorsing Lake County Transportation Outreach Program (TOP) dedicated to funding transportation projects that will preserve the existing infrastructure, enhance economic growth and improve travel choices to ensure mobility.
Commr. Cadwell was not present for the discussion or vote.
Mr. Stivender stated that the Florida Department of Transportation has budgeted over the next five years $160,000,000.00 for roads in Lake County. He stated that FDOT has just advanced an additional $45,000,000.00 toward Lake County road improvements which results in a total of $205,000,000.00 over the next four years of the Five Year Program.
COMMISSIONERS
At 11:17 a.m., Commr. Cadwell returned to the meeting.
ROADS-COUNTY & STATE/ROAD PROJECTS/MUNICIPALITIES
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request from the City of Leesburg for the County to fund improvements on Main Street. He stated that staff was recommending denial for the County to fund improvements to Main Street and directed the Board's attention to the draft interlocal agreement between Lake County and the City of Leesburg. He explained that the original cost was $400,000.00 to pay for a share of the improvements on Main Street with the understanding that the maintenance from one side of town to Highway 27 would be taken over by the City of Leesburg; however, the City has asked that the County reconsider that understanding. He stated that he has worked with Mr. Richard Coates, City of Leesburg, and the proposed Interlocal Agreement outlines those discussions. He stated that the proposed agreement includes the originally $400,000 and an additional $100,000 during Fiscal Year 2000-2001 through Fiscal Year 2003-2004 for a total of $800,000.00 with the understanding that the City would take over that segment of the roadway after the total has been paid in Fiscal Year 2003-2004. Mr. Stivender stated that he and his staff have looked at the structure of the pavement, and his recommendation for denial was based on the standards and condition of this roadway compared to the 1,200 miles of roadway in Lake County. He expressed concern that this was a large amount of money to go to one area.
Mr. Tom Klinker, Interim City Manager, City of Leesburg, appeared before the Board and discussed the responsibility of the City of Leesburg taking over the maintenance of the roadway and stated that it was their understanding that they had negotiated in good faith to that agreement.
Mr. Richard Coates, Public Works Director, City of Leesburg, appeared before the Board and explained that the Board of County Commission on July 23, 2000 directed County staff to work out an agreement with the City to take over the road from U.S. Highway 27 to Dixie Avenue. He referenced the Minutes of July 23, 2000 in which Commr. Gerber stated that she would like the Board to pay $400,000.00 over four (4) years rather than giving the whole sum because it would not be feasible for the Board at this time. He stated that they have drafted the Interlocal Agreement at the Board's direction, and, if the County did not want to participate in this agreement, direction should not have been given to move forward on July 23, 2000.
Mr. Chet Blackmon, Mayor, City of Leesburg, appeared before the Board and asked that the Board consider the philosophy of the City of Leesburg to keep the people from moving out of the downtown areas and out of the city. He noted that the property values in the Main Street downtown program last year increased by 44.7%, and the City of Leesburg was only asking that the County participate in a program that was working.
Mr. Joe Shipes, Leesburg Partnership, appeared before the Board and stated that the impact of the Streetscape project to the historic downtown has been amazing. He stated that the east portion of Main Street was the home to three of the largest employers in Lake County, and it was important to support those facilities and to support the historic Pine Street neighborhood. He stated that the street would continue to deteriorate with the high load of trucks that are using this road, and urged the Board to move forward with the proposal before them today.
Discussion occurred regarding why this project could not be placed on the County road program. Mr. Stivender stated that staff has looked at the surfaces and the drainage and determined that, compared to all of the County's other needs, they could not justify doing this project at this time, or within the next five (5) years.
Mr. Coates clarified that the agreement states that the City agrees to assume the responsibility for maintaining the areas of Main Street between U.S. Hwy. 27 and Ninth Street, and Main Street between Canal Street and Dixie Avenue upon completion of the improvements.
Commr. Gerber stated that the original agreement was a compromise on the County's part that they would do the $400,000.00, and the City of Leesburg would take over the maintenance immediately. She stated that, as part of the proposed agreement, the County would have to put the project on the County's list for improvements if the City would agree to take over the maintenance between now and when the improvements are completed.
Commr. Swartz stated that there appears to be a total rejection of the concept by the City of Leesburg to take over the maintenance of the roadway until such time that the improvements to Main Street are completed. He requested clarification that the additional $400,000.00 was for improvements outside of the Main Street Improvement area. He discussed the Board's options and stated that the project was wonderful; however, it was difficult for the County to share in a tremendous upgrade over county roads in the same condition in other cities.
Mr. Klinker stated that they would have to go back to the City Commission because, clearly, this direction was a change in what they understood the tenor of the agreement to be; however, the fundamental question for the City Commission was whether it makes sense for the City to assume responsibility to pay $400,000.00 in return for receiving $400,000.00. He requested that the County clarify the definition of maintenance, if the County was asking that the City resume the responsibility of maintenance on the roadway. Mr. Stivender interjected that maintenance was transfer of responsibility with full jurisdiction.
Commr. Gerber made a motion, which was seconded by Commr. Hanson, for the City of Leesburg staff to take back a proposal to the City of Leesburg City Commission in regard to improvements to Main Street that states that the $400,000.00 would be paid contingent upon the City of Leesburg taking over maintenance of the roadway from U.S. Highway 27 to Dixie Boulevard immediately; and the County will agree to place the capital roadway improvements on the County's list of priorities and, as funds permit, make capital improvements to that section of roadway paid for by the County.
Mr. Stivender explained that the County was left with this road because of the functional classification as a collector road instead of a local road. He stated that the City had previously agreed to maintain the roadway except for capital maintenance costs such as resurfacing.
The Chairman called for a vote on the motion, which carried by a 4- 1 vote.
Commr. Swartz voted in opposition.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval of the Memorandum of Agreement between the Florida Commission for the Transportation Disadvantaged and the Lake County Board of County Commissioners, Lake County's Community Transportation Coordinator.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Memorandum of Agreement (MOA) between the Florida Commission for the Transportation Disadvantaged and the Lake County Board of County Commissioners, Lake County's Community Transportation Coordinator.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
STATE AGENCIES/RESOLUTIONS/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval of the Florida Department of Transportation Local Agency program Agreement for C.R. 42 Paved Shoulders, in the amount of $950,000.00, and a resolution of support from the Lake County Board of County Commissioners.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the Florida Department of Transportation Local Agency Program (LAP) Agreement for CR 42 Paved Shoulders, in the amount of $950,000.00; and Resolution No. 2000-198, a resolution of support for the Florida Department of Transportation Local Agency Program Agreement to fund the paved shoulder improvement on CR 42 from Rancho Lane to SR 44 in North East Lake County from the Lake County Board of County Commissioners.
CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS
ROADS-COUNTY& STATE
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for approval of two Developer's Agreements for the North Hancock Road Project, Phase IB, and the South Lake Trail Project.
Ms. Sue Whittle, County Manager, stated that approval of this request was subject to the following language change in the background summary: Change "24 foot wide roadway from the college entrance to the Levitt/Park Square entrances." to four lane divided roadway with bike lanes and sidewalks from the college entrance to the Levitt/Park Square entrances. Construction will include a trail tunnel under North Hancock Road for the Rail Trail construction.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of two Developer's Agreements for the North Hancock Road Project, Phase 1B, and the South Lake Trail Project. The agreements are with (1) Park Square Enterprises, Inc. and (2) Levitt Homes, Inc. Diamond Players Club, L.C. and Summit Greens Residents Association, Inc.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for authorization to advertise for bids for North Hancock Road Extension Phase 1B, at an estimated cost of $900,000.00, from the Road Impact Fee Fund.
Ms. Sue Whittle, County Manager, stated that approval of this request was subject to the following language change in the background summary: Change "24' wide roadway from Oakley Seaver Boulevard to the Skytop Subdivision Entrance (Phase 1B)." to four lane divided roadway with bike lanes and sidewalks from the college entrance to the Levitt/Park Square entrances. Construction will include a trail tunnel under North Hancock Road for the Rail Trail connection.
On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for authorization to advertise for bids for #2-1354 North Hancock Road Extension Phase 1B, at an estimated cost of $900,000.00, from the Road Impact Fee Fund. Commissioner District 2 - Benefit District 5.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COUNTY PROPERTY/SHERIFF
Mr. Mike Anderson, Senior Director, Department of Facilities and Capital Improvements, appeared before the Board to present the request for approval for the purchase of approximately 10 acres of property located southwest of Mascotte for the purpose of long term storage for the Lake County Sheriff's Office, at a cost of $62,000.00. He explained that this property was on a lands available list as the result of a tax deed sale, and the Board has the first right to purchase this property, however, must exercise this option by November 15, 2000.
Mr. Sandy Minkoff, County Attorney, explained that certificates were sold on this property for several years, and an application has been made for a tax dee d and the purchase price was the tax certificate amount of $62,000.00.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously
by a 5 - 0 vote, the Board approved the request for approval for the purchase of approximately 10 acres of property located southwest of Mascotte for the purchase of long term storage for the Sheriff's Office at a cost of $62,000.00 for the property.
OTHER BUSINESS
LEGISLATIVE DELEGATION
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the draft issues for the 2000 Legislative Packet for presentation to the Lake County Legislative Delegation.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request for approval of the reappointment of Gerald Wayne, as a Disabled Person Representing the Disabled in the Service Area, on the Transportation Disadvantaged Coordinating Board to serve a three year term beginning November 29, 2000.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Donald R. Schreiner, as a representative of Commission District 4, on the Lake County Board of Adjustments to complete a term ending January 31, 2003.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS
Mr. Sandy Minkoff, County Attorney, presented the request for approval of the renewal of the Agreement between Lake County and R. Thomas Carle and the Public Defender for legal representation for indigent criminal defendants. He explained that the County has a contract with Graves & Spivey to provide legal representation to the first defendant when the Public Defender has a conflict of interest; however, it was necessary to hire an attorney to represent the second or third defendants where there are multiple conflicts.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of renewal of Agreement between Lake County and R. Thomas Carle and Public Defender for Legal Representation for Indigent Criminal Defendants.
OTHER BUSINESS (CONTINUED)
APPOINTMENTS/COMMITTEES
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Robert L. Hegg, District 2; and Robert M. Burnham, District 4, on the Bicycle/Pedestrian Advisory Committee to complete terms ending March 2, 20001 and to serve consecutive three year terms.
APPOINTMENTS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Gerald Nadeau, as a citizen-at-large representative, on the County-wide Solid Waste Study Committee to complete a term ending June 30, 2001.
APPOINTMENTS/COMMITTEES
It was noted that appointment of individuals to vacant positions on the Citizen Transportation Advisory Committee would be brought back to the Board at a later date.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
On a motion by Commr. Hanson seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request to invite a Palm Beach County Planner to make presentation to the Board on urban boundaries, and to invite the municipalities to participate in the presentation.
STATE AGENCIES/AFFORDABLE HOUSING
Commr. Hanson brought up for discussion the issue of staff developing a procedure for the County Manager to approve the waiver of impact fees for applicants for the County's housing assistance program, funded by the State Housing Initiatives Partnership Program, in order to expedite the process.
Mr. Sandy Minkoff, County Attorney, suggested that the Board accommodate the waiver of impact fees for applicants in the impact fee ordinance which was in the process of being rewritten.
Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to discuss the current procedure for applying for the waiver of impact fees.
Ms. Kelly Pisciotta, Affordable Housing by Lake, appeared before the Board to discuss the current procedure. She stated that the list of applicants approved by the Board at today's meeting were submitted on September 26, 2000.
It was noted that the Board would continue under the current procedure at this time.
LIBRARIES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved a request from Commr. Hanson to place on the agenda for discussion a request to name the East Lake County Library Community Room the Johnny Treadwell Community Room.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request to name the East Lake County Library Community Room the Johnny Treadwell Community Room.
Commr. Cadwell stated that a procedure was needed to address these types of requests.
SOLID WASTE/LANDFILL
Commr. Hanson brought up for discussion problems relating to the Solid Waste Trash to Treasures program.
Commr. Gerber stated that a Solid Waste Study Committee meeting has been scheduled on November 9, 2000, at which time they would be discussing the Trash to Treasures program. She explained that the problem was with vendors taking the more usable items before the individual needy citizens have had the opportunity to get them.
Ms. Sue Whittle, County Manager, stated that one of the problems that they were facing was that all of the ideas to make the Trash to Treasures program work were very staff intensive, and the concept was that it would not require staff resources in order to run the program.
OTHER BUSINESS
APPOINTMENTS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of Resolution No. 2000-199 appointing the following members to the Affordable Housing Advisory Committee for a two year term beginning November 24, 2000.
Resident who is Actively Engaged as Real Estate Professional in Connection with Affordable Housing
Jennifer Welch
Resident who is a Representative of the Lake County League of Cities
Lee Hokr - Reappointment
Resident who is Actively Engaged in the Banking or Mortgage Banking Industry in Connection with Affordable Housing
Mike Cox - Reappointment
Resident who is Designated as an Advocate for Low-Income Persons in Connection with Affordable Housing
Robert Spector - Reappointment
Resident who is Actively Engaged in the Residential Home Building Industry in Connection with Affordable Housing
Carl Ludecke - Reappointment
REPORTS (CONTINUED)
COUNTY ATTORNEY
CODE ENFORCEMENT/COUNTY PROPERTY
Mr. Sandy Minkoff, County Attorney, informed the Board that the County has acquired properties, usually unsafe structures, through the Code Enforcement foreclosure process and, with the County Manager's assistance, the County has began an accelerated process of destroying those structures.
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the Board would recess and reconvene 5:05 p.m. for a public hearing on the Adult Entertainment and Nudity Ordinances.
PUBLIC HEARINGS
ORDINANCES/PLANNING
Mr. Minkoff placed the proposed ordinance, relating to Adult Entertainment Establishments, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, TO BE KNOWN AS THE LAKE COUNTY ADULT ENTERTAINMENT CODE; AMENDING ARTICLE I, CHAPTER 3, LAKE COUNTY CODE ENTITLED DEFINITIONS; CREATING ARTICLE IV, CHAPTER 3, LAKE COUNTY CODE ENTITLED ADULT ENTERTAINMENT; PROVIDING LEGISLATIVE FINDINGS; PROVIDING FOR COUNTY-WIDE APPLICATION; PROVIDING FOR THE LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR LICENSING FEES; PROVIDING FOR RECORD-KEEPING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR SUSPENSION AND REVOCATION OF ADULT ENTERTAINMENT LICENSES; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE DENIALS, SUSPENSIONS AND REVOCATIONS; PROVIDING OPERATING REQUIREMENTS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR CRIMINAL PENALTIES AND PROHIBITED ACTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INJUNCTIVE RELIEF; AMENDING CHAPTER TWO, LAKE COUNTY LAND DEVELOPMENT REGULATIONS, DEFINITIONS; AMENDING SECTION 3.07.00, LAND DEVELOPMENT REGULATIONS, ENTITLED ADULT USES; ESTABLISHING ZONING LOCATIONS AND DISTANCE REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Melanie Marsh, Assistant County Attorney, appeared before the Board and noted the following changes to the Adult Entertainment Ordinance:
Page 2, Line 12 - delete "unincorporated".
Page 49, Line 4 and 5 - delete "an expressly permitted use." and insert allowed with a CUP (Conditional Use Permit).
Page 50, Line 1 & 2 - delete "an area designated on the future land use map as residential".
Mr. Minkoff placed the proposed ordinance, relating to Public Nudity, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, TO BE KNOWN AS THE LAKE COUNTY PUBLIC NUDITY ORDINANCE; CREATING ARTICLE I, CHAPTER 3, OF THE LAKE COUNTY CODE, ENTITLED DEFINITIONS; PROVIDING FOR COUNTY-WIDE APPLICATION; PROVIDING THE DEFINITION OF NUDITY AS PROHIBITED BY THIS ORDINANCE AND PROVIDING OTHER DEFINITIONS; CREATING ARTICLE III, CHAPTER 3, OF THE LAKE COUNTY CODE, ENTITLED PUBLIC NUDITY; PROVIDING LEGISLATIVE FINDINGS; PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF WITHIN ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROHIBITING NUDITY IN CERTAIN OTHER PUBLIC PLACES; PROVIDING EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF; CREATING ARTICLE II, CHAPTER 3, OF THE LAKE COUNTY CODE, ENTITLED ALCOHOLIC BEVERAGES; AMENDING SECTION 3-2, CHAPTER 3, LAKE COUNTY CODE; AMENDING SECTION 3-3, CHAPTER 3, OF THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
At this time, the Chairman opened the public hearing portion of the meeting.
Ms. Linda Rozar, representing Peace Finders and Concerned Citizens of Florida, appeared before the Board to express appreciation to the Board for supporting this direction. Mr. Erich Schuttauf, J.D., Executive Director, American Association for Nude Recreation (AANR), appeared before the Board on behalf of the AANR members who live in Lake County. It was noted that Mr. Schuttauf had distributed a packet of information prior to the start of the meeting. He requested that the Board consider minor amendments to the Adult Entertainment Ordiance and the Nudity Ordinance which would help strengthen the ordinance, and explain what a family nudist resort was, and to exempt said resort so that truly problem adult entertainment in Lake County could not claim itself to be nudist or some how try to avail an exemption. He presented the following amendments:
ADULT ENTERTAINMENT ORDINANCE
Adult Performance Establishment: Subsection b. Item 1. - insert after "a nudist resort or camp, including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism,
NUDITY ORDINANCE
Places Provided or Set Apart for Nudity: - insert after "portions of hospitals" places set apart for traditional family-oriented naturism including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism,
Mr. Schuttauf stated that the language before the Board was adopted in April 2000 by the State of West Virginia in Senate Bill 415. It was noted that a copy of Senate Bill 415 had been submitted into the record with the Deputy Clerk as well as an ordinance adopted by the County Commission in Pasco County, Florida; a letter from the Chairman of the Pasco County Board of County Commissioners; and a letter of reference from Mr. Lyle Williams, a former member of the United States Congress House of Representatives, who operates a textile camp ground.
Ms. Gina Haggard, owner of Fantasies In Motion and Around the Clock, appeared before the Board to express concern with language under Section 3-47, Subsection 17, Prohibited Acts by Escort Service Workers which prohibits a meeting or service with any customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day. She explained that her business was an out call entertainment service and operates at all hours of the day.
Mr. John Weibler, a resident of Pearson, Florida, appeared before the Board and stated that he was a retired police officer and a member of the American Association of Nude Recreation. He urged the Board to adopt the two changes to the ordinances that were presented by Mr. Schuttauf because the changes take some of the burden off of the shoulders of the Board should someone try to put a family nudist resort in Lake County. He explained that, if a proposed new club was not affiliated with the AANR or the Nature Society, the club will not be established.
Ms. Lisa McConnell appeared before the Board and stated that, as single mother of three children trying to make an honest living, she has no problem with an ordinance that keeps Lake County healthy and wholesome. She stated that she was employed by Fantasies in Motion, and the stipulations on the hours of operation would be hurting the people who work for these companies and the families that depend on these single mothers to put food in their children's mouths.
Mr. Robert Fitzhenry, a member of the American Association of Nude Recreation, appeared before the Board and stated that all of his family were nudist, and he became personally involved as a mobile home dealer. He stated that he installed 121 homes at Cypress Cove, located south of Kissimmee, Florida, with an approximate value of $7.5 million dollars. He discussed the positive impact on the community. He stated that Lake County was in a good position of obtaining a good portion of the tourist dollars and noted that, in August 2002, the International Nudist Federation, with 30 or more nations, would be coming to Cypress Cove. He invited the Commissioners to visit Cypress Cove, a family nudist resort.
In response to a question presented by Mr. Carl Larson, Mr. Minkoff explained that the Roxy Show Club, the only adult entertainment establishment in Lake County, would be grandfathered in for purposes of locational criteria but would be required to obtain a license under the Adult Entertainment provisions of the Lake County Code and also adhere to the conduct requirements that are in the code.
Mr. Larson stated that the license that the Roxy Show Club holds was grandfathered in already so there was no other license allowed; however, the ordinance before the Board at this time was offering other licenses and inviting other adult entertainment clubs to Lake County.
Mr. Minkoff explained that current Lake County Code does not prohibit adult entertainment establishments as long as they meet the distance requirements in the zoning code. The current code also prohibits nudity where alcohol beverages are sold or consumed and this ordinance continues those requirements, strengthens the locational criteria and puts in licensing and behavior requirements inside adult entertainment establishments.
There being no further public comment, the public hearing portion of the meeting was closed.
Mr. Minkoff stated that he had no objection to adding the two changes presented by the American Association for Nude Recreation because they do not limit the chartering to this one organization.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-106, an ordinance relating to Adult Entertainment, as amended to include the following changes, as read on its final reading, by title only:
Page 2, Line 12 - delete "unincorporated".
Page 49, Line 4 and 5 - delete "an expressly permitted use." and insert allowed with a CUP (Conditional Use Permit).
Page 50, Line 1and 2 - delete "an area designated on the future land use map as residential".
Adult Performance Establishment: Subsection b. Item 1 - insert after "a nudist resort or camp, including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism,
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 2000-107, an ordinance relating to Public Nudity, as amended to include the following changes, as read on its final reading, by title only:
Places Provided or Set Apart for Nudity: Insert after "portions of hospitals" places set apart for traditional family-oriented naturism including nudist clubs chartered by the American Association for Nude Recreation, the Naturist Society, their appurtenant business components and places temporarily in use for traditional family-oriented naturism,
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:40 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
MSF/BOARDMIN/11-7-00/11-17-00