The Lake County Board of County Commissioners met in regular session on Tuesday, April 16, 2002, 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: Robert A. Pool, Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Commissioners not present: Welton G. Cadwell, Vice Chairman. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; James C. Watkins, Clerk of Courts; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.
RECOGNITION
Commr. Pool recognized the elected officials in attendance, Mr. Keith Mullins and Ms. Ann Dupee, City Council, City of Clermont; and Chamber of Commerce members, Mr. Bill Deas, Leesburg, Mr. Howard Stockton, Clermont; Mr. Craig Willis, Mount Dora, and Ms. Sharon Semento, Eustis.
AGENDA UPDATE
Mr. Bill Neron, County Manager, stated that the Board has an Addendum with the County Manager's Consent Agenda Items A., B., and C. It also includes a report from Commr. Hanson as a separate item. Mr. Neron stated that, on the regular Agenda, Tab 16, staff has some revised language to be added to the recommendation, to accept a Second Letter of Credit for landscaping improvements in the amount of $63,126.25.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Minutes of February 26, 2002, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Minutes of March 5, 2002, Regular Meeting, as presented.
INTRODUCTION
Commr. Pool recognized the following individuals: Ms. Sandra Glenn, East Central Florida Regional Planning Council (ECFRPC), Mr. Ray Gilley; President and CEO, Economic Development Council (EDC); and Dr. Robert Westrick, Lake-Sumter Community College.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 7, as follows:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Request to approve the following:
Contractor Bonds, as follows:
New
5891-02 Joel Henry
5892-02 Dennis Schek d.b.a. Dennis Schek & Son
5893-02 Diversified Construction Inc. (plumbing)
5894-02 Herman Lowe d.b.a. Rainbow Gardens
5894-02 Nikhilesh Goswami d.b.a. SNPN Lawn & Landscape
5896-02 Gary Anderson d.b.a. Anderson Landscape & Lawn Care & Irrigation
5897-02 Al Torrello (landscape & irrigation)
5898-02 William R. Harper d.b.a. B & B Electrical Services
5899-02 Larry Blue d.b.a. Larry Blue Lawn Service
5900-02 Chad Sartain d.b.a. Professional Turf Managers, Inc.
Riders
Ronald L. Vail - Description changed to read: Plumbing & Residential General Contractor County of Lake
Cancellations
4621-01 Robert G. Sellers (concrete contractor)
5598-01 Douglas Electric, Inc. (electrical contractor)
5806-01 Dial Coley Johnson/John D. O'Connor Sr. & Sons/Cool Air of Ocala, Inc.
5840-02 Jeff Clark Poag d.b.a. Arizona Air (air cond. & heating contractor)
Water Management Districts
Acknowledged receipt of the Meeting Notice and Agenda for March 26 and 27, 2002 from the Southwest Florida Water Management District
Audits/Reports/Education/State Departments
Acknowledged receipt - from the Auditor General, State of Florida, a copy of Report No. 02-180, an Operational Audit of the Florida Department of Education Florida Bright Futures Scholarship Program for the Fiscal Year Ended June 30, 2001.
Audits/Water Authority
Acknowledged receipt of a copy of the Lake County Water Authority's Annual Financial Audit for 2000-2001 and Annual Financial Report.
Accounts Allowed/Courts-Judges
Request to approved and authorize proper signatures on Satisfaction and Release of Fine releasing Andrew Rife from Reduction of Order of Fine, in the amount of $1,000.00 dated January 18, 2002 and recorded in OR Book 2058, Pages 2215 through 2216 of the Public Records of the Clerk of Court of Lake County, Florida, on January 22, 2002.
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on the following:
A. Satisfaction and Release of Fine releasing Ruth E. Barrett from Reduction of Order of Fine, in the amount of $500.00 dated February 28, 2002 and recorded in OR Book 2077, Pages 2339 through 2340 of the Public Records of the Clerk of Court of Lake County, Florida, on March 1, 2002.
B. Satisfaction and Release of Fine releasing Phoebe S. Bradshaw F/K/A Phoebe S. Wiley (A Life Estate) from Reduction of Order of Fine, in the amount of $500.00 dated March 18, 2002 and recorded in OR Book 2086, Pages 2196 through 22197 of the Public Records of the Clerk of Court of Lake County, Florida, on March 19, 2002.
COMMISSIONERS
Commr. Pool noted that Commr. Cadwell was in Washington today on behalf of the Board.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hanson requested that Tabs 5 and 7 be pulled from the County Manager's Consent Agenda for separate motions.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the following requests on the County Manager's Consent Agenda, Tabs 3 through 21 adding the additional language to Tab 16, and with the exception of Tabs 5 and 7; and Addendum No. 1, Items A., B., and C.:
Accounts Allowed/Budget Transfers/Taxes/Public Works/Libraries
Request from Budget and Administrative Services for approval of a budget transfer from Special Reserve - Sales Tax Capital Projects to Public Works, Buildings in the amount of $121,690.00. Additional funds are needed to complete the Astor and Paisley branch libraries. Contingent upon approval of Agenda Item 2002-371A at the April 16, 2002 Board meeting.
Accounts Allowed/Budget Transfers/E-911
Request from Budget and Administrative Services for approval of a budget transfer from Contingency - Emergency 911 fund in the amount of $71,000.00 to Public Safety, Aids to Governmental Agencies - $61,795.00 and Public Safety, Aids to Private Organizations - $9,205.00 (total amount $71,000.00). Lake Sumter EMS is making an unanticipated move to a new location. Funds are needed to purchase new equipment and move current E-911 equipment and lines. The Board approved Agenda Item 2002-310A on March 19, 2002, which requested approval for E-911 to fund a portion of the cost of Lake Sumter EMS's move to the new location.
Accounts Allowed/Budget Transfers/E-911
Request from Budget and Administrative Services for approval of a budget transfer from Contingency - Emergency 911 Fund to Public Safety, Machinery & Equipment in the amount of $27,722.00. Funds are needed to purchase 20 workstations to replace all ALI workstations at the PSAP's to insure improvement and better data security.
Accounts Allowed/Budget Transfers/Public Works/Signs
Request from Budget and Administrative Services for approval of a budget transfer from Machinery & Equipment to Public Works, Machinery & Equipment in the amount of $26,200.00. Additional funds are needed to purchase two heavy-duty 1 ton trucks for Signs, Signals & Striping. The cost is higher than originally anticipated.
Accounts Allowed/Impact Fees/Roads-County & State
Request from Budget and Administrative Services for approval of Impact Fee Refund request to Jack & Lois Northcutt in the amount of $814.00 due to overcharge of road impact fees due to permit technician error.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to Shamrock Homes, Inc. in the amount of $1,352.50 due to impact fee waiver recipient purchased new home that had already been permitted and full fees paid.
Contracts, Leases & Agreements/Impact Fees
Request from Procurement Services for approval and authorization to amend Contract 00-095 to Tindale-Oliver and Associates, Inc. for the Transportation Impact Fee Study to extend the Agreement through November 2002.
Contracts, Leases & Agreements/Subdivisions
Request from Growth Management for approval to accept and execute a Developer's Agreement with Pennbrooke Fairways to pull six building permits prior to the acceptance of the final plat.
Accounts Allowed/Public Safety
Request from Public Safety for approval to trade in five surplus fire vehicles (pumpers) towards the purchase of a serial ladder. The trade in of these pumpers will reduce the cost of the aerial ladder by $23,000.00.
Public Safety
Request from Public Safety for approval to donate a surplus pumper, County Property Number 9418, to the Bragg Safety Complex.
Accounts Allowed/Bonds/Contracts, Leases & Agreements/Resolutions
Roads-County & State/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $435,460.60; accept a Maintenance Bond in the amount of $60,425.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and The Greater Construction Company; and execute Resolution 2002-52 accepting Long Pine Trail "Part" (County Road Number 1252), Sandy Pine Lane "Part" (County Road Number 1252A), Slash Pine Court (County Road Number 1252B), Douglas Fir Court (County Road Number 1152A), and Greater Pines Boulevard "Part" (County Road Number 1253) into the County Road maintenance system all relating to the Greater Pines Phase 8 subdivision. Subdivision consists of 55 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Road Projects
Request from Public Works for approval and authorization to execute change order #3 in the amount of $37,645.00 for additional work to construct dual left turn lanes on US-441 (southbound) relating to the US-441/CR-44B/Donnelly Street Intersection Improvement Project No. 2001-05.
Roads-County & State/Resolutions
Request from Public Works for approval of Resolution 2002-53 authorizing the posting of "No Parking on Right of Way" signs on CR 437 (5386) and Wolf Branch Road (4583) in the Mount Plymouth area at the following locations:
West side of CR 437 for approximately 150 feet to the north of Wolf Branch Road
North side of Wolf Branch Road for approximately 150 feet to the west of CR 437
Rights-of-Way, Roads & Easements/Roads-County & State
Request from Public Works for approval and execution of a Tree Trimming Easement to Florida Power along a portion of Woodlea Road #3-337.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Roads-County & State
Request from Public Works for approval and execution of an Interlocal Agreement between Lake County and the Town of Lady Lake for improvements to Oak Street in the amount of $250,000.00.
Roads-County & State
Request from Public Works for approval to accept a Maintenance Map for Lake Emma Road #2-2119.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Spring Valley Phase II; accept the final plat for Spring Valley Phase III; accept a Letter of Credit for Performance in the amount of $404,542.52; accept a second Letter of Credit for landscaping improvements in the amount of $63,126.25; and execute a Developer's Agreement for Construction of Improvements between Lake County and Siena Home Corporation. Subdivision consists of 47 lots - Commission District 2.
Road Vacation - Permission to Advertise
Request from Public Works for approval to advertise Vacation Petition No. 983 by Sharon T. Harrison to vacate two easements in the Plat of Sorrento Shores in S16, T18, R28 in the Lake Norris area - Commission District 2, Resolution 2002-54.
Road Vacation - Permission to Advertise
Request from Public Works for approval to advertise Vacation Petition No. 984 by Ron Kershner to vacate utility easement in the Plat of Orange Blossom Gardens in S07, T18, R24 in the Lady Lake area - Commission District 5, Resolution 2002-55.
Solid Waste
Request from Solid Waste Management for approval of awards for Desperados and Irene's Lounge as participants in the Commercial Recycling Program.
Solid Waste/Resolutions/Education
Request from Solid Waste Management for approval of Proclamation 2002-56 designating Umatilla High School as High School Recycler of the Year, Proclamation 2002-57 Mount Dora Middle School as Middle School Recycler of the Year, and Proclamation 2002-58 Lost Lake Elementary School as the Elementary School Recycler of the Year.
Solid Waste/Resolutions/Municipalities
Request from Solid Waste Management for approval of Resolution 2002-59 designating the City of Tavares Municipal Recycler of the Year.
COMMITTEES/ORDINANCES
Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve the request to advertise an Ordinance establishing the Lake County Elder Affairs Coordinating Council.
Under discussion, Commr. Hanson stated that she wanted to thank those folks that were so diligent in their efforts in this regard to move the County forward in looking at coordinating and advocating for the needs of the seniors in the County.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 4-0 vote.
HUMAN RESOURCES/RESOLUTIONS
Commr. Hanson addressed the item pertaining to a Resolution for Lake County Volunteer Appreciation Month and stated that this is the ninth year that the County has had a volunteer program, and there are a lot of citizens in the County that serve as volunteers in various capacities and are very much appreciated.
Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve the request for approval of Resolution 2002-51 to declare May 2002 as Lake County Volunteer Appreciation Month to recognize the accomplishments of Lake County Volunteers.
Under discussion, Commr. Stivender stated that there will be a reception held on May 1, 2002 from 5:30 p.m. to 8 p.m. in the Rotunda of the Administration Building.
The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.
PRESENTATION: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED SEPTEMBER 30, 2001 BY JOHN VODENICKER FROM ERNST & YOUNG
Mr. James C. Watkins, Clerk of Courts, introduced Mr. John Vodenicker and Mr. Mike Murphy from Ernst & Young who will make the presentation on the Comprehensive Annual Financial Report for the Year Ended September 30, 2001. Mr. Watkins took the opportunity to thank his staff for the job they do in keeping these records and recognized the following: Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; Ms. Kristy Mullane, Accounting Director; Ms. Tracy Zeller, Senior Accountant; Mr. Steve Heitzner, Fixed Asset Accountant; Mr. Kevin McDonald, Senior Budget Analyst; Ms. Louise Kicklighter, Finance Support Specialist; Ms. Vicki Tubb, Finance Clerk; and Ms. Karen Huffman, Staff Accountant.
Mr. John Vodenicker addressed the Board and stated that he was here to present the Annual Financial Report for September 30, 2001. Mr. Vodenicker stated that the first comment he wanted to make was that this was the most patriotic cover that he has seen so far this year, and it was most appropriate. He stated that he wanted to comment on Mr. Watkins' staff and the assistance they provide in getting this audit done in a timely manner. He stated that they had no significant problems and, from the standpoint of all of the other constitutional officers, the audit went very smoothly this year. Mr. Vodenicker stated that staff is going to have to deal with the Governmental Accounting Standards Board (GASB) Statement 34 implementation this year, which will probably focus more on a business model versus a government model, and he feels that the Lake County staff has the GASB 34 implementation well in hand.
Mr. Vodenicker referred to Page 29, the Report of Independent Certified Public Accountants, and read into the record their following opinion paragraph on the County's financial statements this year:
"In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the County at September 30, 2001, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with accounting principles generally accepted in the United States."
Mr. Vodenicker referred to Page 38 and stated that he would like to give a very brief overview of the General Fund budget operation. He stated that the budgeted amount of Total Revenues was $66,313,130; the Actual was $72,169,837; and part of that difference was due to a statutory requirement to hold back five percent of revenues, which was the $3,177,249. Under Total Expenditures, the budgeted amount was $73,963,161; the Actual was $67,900,300; which was a favorable budget variance of $6,062,861. He noted that the Fund Balance increased from $18,397,552 to $23,165,509.
Mr. Vodenicker referred to Page 42 of the report and the Landfill Enterprise Fund and stated that there was a decrease to Retained Earnings in the amount of $553,359. The difference between last year and this year was probably in two areas. First, there was an additional accrual for post closure of the landfills, which is required under General Accepted Accounting Principles, in the amount of $1.7 million over last year; secondly, there was a $1.3 million increase in the Contractual Services over the prior year. Mr. Vodenicker explained that these two numbers were the causes for the decrease in the net operations over the prior year.
Mr. Vodenicker stated that they are required to audit the County's Federal programs, in accordance with A-1-33, and there were no findings this year. There was a carry forward finding from the prior year that has yet to be resolved but it is in process to be resolved. A new requirement this year is in the case of State programs, and they are now required to audit State programs in the same manner that they audit Federal programs. They have no findings to the State programs even with the added scope that was required. There is another requirement where they are now required to apply certain financial assessment procedures to the overall financial statements. They have determined that Lake County is not in a state of financial emergency, and there are no negative indicators in the financial statements for this fiscal year.
Mr. Vodenicker stated that the Board has been provided with the Lake County Financial Analysis, and they have done some bench marking in the back of the report with Seminole, Marion and Alachua counties, which gives the Board some perspective of where they are in relation to those surrounding counties. He referred to Page 8 and noted that the information is related to a per capita basis, and the County's total revenues have steadily been increasing on a per capita basis, in relation to these other governments. He stated that Page 9 is a comparison of Tax Revenues, which does not only include ad valorem tax, but includes utility service taxes, any kind of franchise taxes, gas taxes, etc. and, as shown in the chart, the County is well within a positive area. He stated that Page 10 is Ad Valorem Taxable Assessed Value (Per Capita), which shows that Lake County and Seminole County are leading the counties in a per capita assessed valuation. He referred to Page 12, General Government Expenditures, and stated that this is the day to day operations and administrative functions throughout the County, and it shows that the Board is running the government efficiently, and Page 13 shows the General Government Public Safety Expenditures.
Mr. Vodenicker stated that he would like to conclude that the County is in very good financial shape and going forward and well ready for implementing GASB 34. He felt that Ms. Lehman would be asking the Board to hold a workshop next year when it is finally presented, because it will be very different than what they have been used to reading in the past.
In regards to Page 11, Intergovernmental Revenues, and those being primarily grant dollars, and Commr. Hanson stated that this indicates to her that the County is not getting adequate grant dollars from the State and not lobbying adequately enough for State funding.
Commr. Hanson referred to Page 14, General Government Debt Service Expenditures,
and Mr. Vodenicker clarified that this does not include the solid waste, which is in an enterprise fund.
Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, explained that the sales tax and pari-mutuel debt are outstanding and that the pari-mutuel bonds were issued in December.
Mr. Vodenicker explained the chart on Page 14, which showed Lake County in comparison to other governments, and the amount of debt service that Lake County is having to pay on an annual basis.
Ms. Lehman explained that the County paid off the line of credit for First Union. The County had borrowed $8 million in 1994 and paid off the balance of $1.7 million in 2001.
Commr. Pool addressed Page 11, Intergovernmental Revenues, and stated that the Board has now hired someone to lobby for the County's fair share of those dollars, and he feels that this impact will take a turn next year, because the residents have recognized that the County has not received its fair share.
Commr. Hanson stated that, from a management perspective, the Board has looked at grant writers through individual departments, and it may be also timely to look at a grant writer for the County. She stated that the Long-Term Debt shows that the County is very conservative and that there is a capacity for more efforts in bonding.
Mr. Watkins stated that, at the end of this month, the complete Comprehensive Annual Financial Report (CAFR) report that the Board received today will be on the Clerk's website.
RECOGNITION
Commr. Pool recognized Ms. Kyleen Fisher, member of the Lake County School Board, and Mr. Jim Coleman, Town Manager, Lady Lake, who were present in the audience.
PRESENTATION: METRO ORLANDO ECONOMIC DEVELOPMENT COMMISSION (EDC) BRANDING INITIATIVE BY RAY GILLEY, PRESIDENT & CEO; DERRICK WALLACE, CHAIRMAN, METRO ORLANDO EDC & PRESIDENT OF CONSTRUCT TWO GROUP; AND EDD HOLDER, LAKE COUNTY METRO ORLANDO EDC REPRESENTATIVE & PRESIDENT OF EDD HOLDER & ASSOCIATES
Mr. Derrick Wallace, Chairman, Metro Orlando EDC, addressed the Board and stated that they are very happy of the relationship that Lake County has with the EDC. The relationship is very important to them, and they look forward to many years of continuous success in working together to further the prosperity of Lake County and their region. He also wanted to thank past Board members and current Board members, as well as the private investors in Lake County for their understanding of the EDC and working hard to further what they do. Mr. Wallace introduced Mr. Ray Gilley, President and CEO, Metro Orlando EDC.
Mr. Ray Gilley, President and CEO, Metro Orlando EDC, addressed the Board and thanked the Board members who serve on the EDC, as well as many others including friends who have been a pleasure to work with as community economic development partners.
Mr. Gilley stated that he would like to begin with a very brief overview of economic development accomplishments in Lake County during the past year, and then spend some time on bringing the Board up to date on the new brand initiative that has been designed to position their region as a top location for business investment. It was noted that the Board had been presented with the Lake County Update, April 16, 2002, information packet from the Metro Orlando EDC, as well as the Metro Orlando EDC 2001 Annual Report, and the 2002 florida.high.tech guide to Florida's high tech corridor. Mr. Gilley reviewed the EDC Vision and Mission statement and stated that the EDC represents the four county region of Lake, Seminole, Osceola and Orange counties, as well as the City of Orlando. In order to objectively and consistently measure community growth, the EDC has established an annual study of key economic indicators, and they work with a number of national consultants to collect this information, which has become the first bench marking system of its kind in the economic industry. He reviewed the accomplishments for 2000 and provided great detail on the following:
Primary Job Creation (2000)
Office & Industrial Values (2000)
Up 7.8% over past year
Up 61.2% over five years
Up 14.4% over past year (highest percent increase in region)
Up 44.0% over five years
Export Sales Growth
Mr. Gilley stated that the chart provided shows that they doubled the amount of private sector investment in the EDC during the past year raising it to $2.4 million annually invested by companies located throughout the four county region. Their goal is to continue the trend in that direction and they look forward to the continued support of Lake County companies in accomplishing that goal.
Mr. Gilley stated that a significant effort was initiated to develop a unified community brand for the region, which would reflect their many corporate and industry assets. The community branding process began with an extensive interview, fact finding and socialization process. In order to summarize, he stated that it is important to Lake County because 25% of the County's residents work in surrounding counties, and this initiative will help insure that quality jobs are available in this county. Mr. Gilley stated that, because of the global awareness of this region as a center of travel and tourism, it would be smart to take advantage of the unique competitive asset "Orlando" to start in their marketing efforts. He stated that this fact was reinforced when EDC recently played host to Jennifer Duetsch, President Brand Insights, who has designed brand strategies for international companies. At this time, Mr. Gilley showed a four minute tape of Ms. Duetsch's comments, which included the definition of master brand, a brand that has nearly 100% awareness, and Orlando being not only a master brand, but a global brand and, therefore, they should call themselves Metro-Orlando. Mr. Gilley gave a few examples of how this concept was being integrated into their regional economic marketing campaign and stated that they are anxious to determine how they can maximize the effectiveness of this program for Lake County. Mr. Gilley stated that they hope they can work together to develop a customized series of billboard style messages that reinforce business benefits in Lake County. He stated that perhaps the Board would be interested in cooperating on a local market campaign similar to the banner/postcard campaign underway in downtown Orlando.
Mr. Gilley discussed expanding the brand issue and stated that they need to effectively reach out through a strategic external marketing campaign. He stated that last week the Lake County Industrial Development Authority (IDA) indicated support for a proposal slated to come before the Board in the form of the budget that would increase the County's investment in the EDC from $1 per capita to $1.10 per capita in Fiscal Year 2002-2003 beginning in October. If approved, this would be the first increase in EDC funding since 1987 when Lake County joined the EDC. They also asked that Lake County fund a pro-rated share of a $500,000 annual national advertising campaign, which will target a variety of high wage industry sectors. With ten percent of the region's total population base, Lake County's share would be about $50,000 in additional marketing funds for economic development in the coming fiscal year. These funding requests will require additional review and consideration, but Mr. Gilley hoped that the Board would leave here today with a better understanding of how they can put imagination to work for Lake County, and for the entire region.
Commr. Pool extended his appreciation to Mr. Gilley for his presentation and stated that he did have the opportunity to see Ms. Duetsch's presentation.
Commr. Hanson stated that it is very important, as mentioned by Ms. Duetsch, that they maintain their own character within their county and of each city and community, and that can be done as they look at the region because, on the global scene, Lake County does not really command your attention and Orlando does. She stated that the Lake County website is linked to the EDC site and much of this information should be on the website. She encouraged the cities and the communities to have their information updated for them.
Commr. Stivender stated that she and Mr. Mihalic met with the United Chambers, and many of those chamber members are here today, and their initiative is to get them to give more information to Mr. Mihalic so it can be placed on the website, so everybody has their fair share of advertising.
Mr. Gilley informed the Board that, in regards to the Primary Job Creation information, the 2001 number should be available about mid-year.
It was noted that there were several IDA members present, as well as Tourist Development Council (TDC) members.
PRESENTATION: ECOLOGICAL DESIGN MANUAL FOR LAKE COUNTY BY JENNIFER DOMERCHI, EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Ms. Jennifer Domerchi, East Central Florida Regional Planning Council (ECFRPC), presented the Board with two documents, the Ecological Design Manual for Lake County, and the Lake Apopka Basin-Wide Planning Initiative (November 13, 2000).
Commr. Pool stated that he wanted the Board to know that the manual was designed to help them understand how best they could ecologically design and work with the homebuilders to make better use of the lands, and that the ECFRPC has worked very hard on a plan in Lake County. He noted that this is a report that he saw at the Montverde meeting that they had on the Rails to Trails and other issues, and he had asked Ms. Domerchi to give this full report to the Board. Commr. Pool stated that the Homebuilders of Lake County, the Florida Department of Environmental Protection (FDEP), the ECFRPC, and Lake County have been partners and participants in this exercise.
Ms. Domerchi referred to the Design Manual and stated that, measured by an increase in urbanized land, the Orlando metropolitan area was the 20th fastest growing urban area in the country during the last decade. If you look at the pattern of growth (Page 3, Figure A) starting in the 1950 (pink), it shows how it is growing into the Lake County area. Ms. Domerchi stated that the population is going to double within the next 50 years, and the aerial extent of the urbanized land also is expected to double in response to this population increase, from 1,231 square miles to roughly 2,400 square miles in 2050. The Future Urban Area Map, in the year 2020, is a copulation of the 73 local land use maps for the East Central Florida area that are adopted by the Comprehensive Plans. The red and orange areas (Figure A) are the existing and future urban areas; the green are the conservation lands under public ownership; the brown are agricultural areas; and the pink are rural areas. Ms. Domerchi stated that the growth is going to occur in the rural areas outlined in green (Figure A), which are the areas that contain most of the functional ecological systems including the St. Johns River, the Wekiva River, Oklawaha River, and the Green Swamp.
Ms. Domerchi stated that, because of all of this growth, The Friends of Lake Apopka had initiated a plan (Lake Apopka, A Basin-Wide Planning Initiative) that was a catalyst for uniting six cities and two counties in the Lake Apopka basin area, in order to have a regional approach, since there are millions of dollars being spent to restore Lake Apopka. She noted that Commr. Pool heads the Steering Committee and they appreciate his work and guidance in working with them. The Steering Committee formalized the work in the Lake Apopka area on regional scale initiatives, technical administrative support was given by the ECFRPC and the Water Management District, and the Committee is still continuing today to look at different issues. The strategic basin plan addressed greenways and trails, shoreline protection, viewsheds, public access, and natural settings. She stated that the Lake Apopka Planning Initiative did not lay out any initiatives for the Steering Committee, or for the counties or the cities, to implement but merely put out a framework that gave a green infrastructure for the Lake Apopka Basin and elevated the basin's natural resources to suggest that they set the direction for the future development. She addressed the Apopka Loop Trail and stated that The Friends of Lake Apopka have hired Land Design Innovations and are working towards implementing this loop system.
Ms. Domerchi stated that they got a $64,000 grant from the Florida Fish & Wild Life Conservation Commission, and Advisory Council on Environmental Education and the ECFRPC matched those dollars up to $100,000. Their project goal was to look for workable solutions to conflicts that arise between development objectives and maintaining those natural resources in Lake County. She noted the reasons why they chose Lake County for the initiative and stated that they developed a program of activities, which included 12 sites to do illustration preparation and look at implications of different alternative developments. They produced a design manual and a 3-D simulation and had a series of public workshops. They had different scenarios that were typical in the Lake County area, and they mostly concentrated on residential subdivisions, and all of the scenarios that they did chose had different environmental conditions that may or may not be protected under the regulations that currently exist. Once those sites were selected, they did an ecological assessment of the site. At this time, she reviewed some of the sites that were selected and explained the projects in terms of acreage, wetlands, open space, and the number of units. She stated that the Board has in front of them the work product, which is the manual, and it gives specific design ideas and how each project can be successfully integrated into an eco-system with little or no impact. She noted that Mr. Greg Beliveau, Land Planning Group, was their consultant and helped to develop these sites and the 3-D model. At this time, the 3-D video was shown to the Board.
Ms. Domerchi stated that they are still moving forward to educate people about other ways to develop. She stated that Mr. Randall Arendt has been here on many occasions to explain conservation subdivision design. She reviewed some of the ecological benefits of the principles outlined in this project noting that Lake County has a lot of rural character, and a lot of people would like to see it maintained that way. The conservation design concentrates on development and provides a substantial amount of open space although development is still happening in that area. Ms. Domerchi stated that obviously there would be huge benefits to doing this on an area wide basis, and it would both support the private and the public sectors to incorporate meaningful open space into their developments. She explained how this could benefit the public sector, in terms of facilitating services, and the private section by simply doing an inventory of the area's ecological components.
Commr. Pool thanked Ms. Domerchi and the ECFRPC for coming today and stated that he felt that, through this report, it has been stressed that increasing densities allows developers or builders to have more units, but allows more open space and more green space and connectivity to those green spaces. He stated that this allows development to go forward, but there is some planning that they could do in working cooperatively with large landowners in trying to keep that connectivity and still allowing densities to increase.
Ms. Jean Kaminski, Homebuilders Association, addressed the Board and stated that she has worked with Mr. Jeff Jones who is with the ECFRPC for many years. She stated that the market has to be considered, but she feels that you have to allow those people who wish to explore this type of development to do so. She is sure that there will be market studies and surveys, and someone will take the chance that this is a viable market but, one of the important things is that, in many instances, densities were increased, not reduced and, with the regulatory costs of development today, it makes the densities very important to be able to fund the development. Ms. Kaminski stated that it is going to take people wanting to try this and, if that overall openness meets those individual needs, then it will take looking at the regulations to allow the flexibility for someone who wants to go into this innovative type design. She felt that the setting is there to explore the possibility of this creative design that looks at their ecological needs and preservations and gives the market what they want.
Commr. Pool stated that there are certainly environmental groups that think that, if you increase densities, you are doing the wrong thing but, in reality, the green spaces have increased greatly, and there are more protected areas. He stated that these projects are forthcoming and should be embraced and he hopes that both sides can recognize that it actually becomes more of a win-win situation and more protective for the environment and animals that enjoy those areas. It is an opportunity and a change, and he applauds the homebuilders for taking part in this study, and the ECFRPC with their part. He felt that the County could look at these design manuals and see if it is something that they could implement, or at least try to encourage. He stated that there may be some incentives, as they go forward, to encourage these.
Ms. Kaminski stated that they cannot do this form of development and not follow the strict guidelines they have today, and it is going to require a third party of government being able to recognize what this will accomplish.
Commr. Hanson stated that clustering has been in the Comprehensive Plan since 1992 and, other than having it around golf courses, there are only two subdivisions that are really of this concept, Cross Ties on CR44 centered around an equestrian and paddock open space type of situation for horses, and The Park on Wolf Branch Road, which is still under way. She agreed that they have got to have some incentive, otherwise, it is not going to happen. She stated that this is really smart growth, and the Board of Realtors nationally has signed off on the concept but, along with it, as mentioned by Mr. Arendt, if the Board chooses to move forward with this concept, it needs to be the permitted use, and the conventional style needs to be the conditional use. She stated that this is a significant change in the way that they do things now, and the other thing is that they incorporate the requirements of having a landscape architect to be part of the permitting process and design standards.
Commr. Stivender stated that she looks at this as a concept where the developer will win and the County will win and, therefore, they will not have to put out money to buy lands, because they will have the open green spaces, and they will be protected.
Commr. Hanson stated that there will still be a need to purchase conservation easements in some cases, or there are some that they may feel they might need to purchase to connect to different developments that are there, but she certainly feels it will keep the dollars down. She stated that Mr. Arendt was talking about the percentage of open space with clustering being 70% to 80%, which is pretty high, and it is going to be tough for developers to meet that but again it is going to take clustering and changing the mind set. She feels that the market will be there, and that does not mean that they cannot put in five acre tracts, or one acre tracts, but it is saying that the Board feels it would be better for the County to have the clustering, and the open space.
Commr. Stivender stated that they do need to make sure that they change the regulations, because is you have that much open space, and they do not have rain but droughts, and they cannot take the water out of the aquifer, then there will be the question of maintaining it, and that bothers her with the landscaping now.
Ms. Domerchi stated that, in regards to the marketability, there are so many golf course communities and this is essentially a golf course community without the golf course. She stated that people purchase in the golf courses because they want to be able to see the green open spaces and probably only half of them play golf, and she feels that there are opportunities for people to really buy into this concept, if there is that understanding.
Commr. Hill stated that she appreciated the report and, being a member of the Agricultural Committee, she will bring it back to the Committee and they will discuss it, because they are very interested in this aspect and the different designs and concepts, but also the Board is going through an EAR process and some Comprehensive Plan changes and amendments and, before they get too involved with that, she wanted to know whether they were going to incorporate some of these things. She needed to see a flow here, and to have the different committees look at it, such as Parks and Recreation, because somebody is going to have to maintain that open space.
Ms. Sandra Glenn addressed the Board and stated that the attorneys and the Public Works staff would have to work out the smaller details, in terms of streets, sidewalks and trails. Ms. Glenn stated that, at the Mid-Florida Homebuilders presentation, the question kept coming up as to who was going to maintain that area, and it has to be the professionals that prepare stringent language, so that the homeowners association can generate enough money to maintain it, and there may not be a lot of maintenance, if you leave it in its natural state. She stated that, in her opinion, those are the type of things that are going to make it a real success. She thanked the homebuilders for their involvement in the discussion of this concept of development.
Mr. Rich Dunkel, Mount Dora, stated that this was a wonderful presentation. He did hear a question about clustering, and he feels that the whole City of Clermont is clustered, so he did not feel that there was any question that a clustered development will sell. He noted that he had previously presented the Board members with a booklet, Trail Friends and Lake County Rail Trails, and stated that, if they are looking at the cost to maintain the area, the last thing that should be there is a bunch of residences.
Commr. Pool stated that he has appreciated the opportunity to serve on the Lake Apopka Basin Plan Initiative Steering Committee. He stated that Lake County embraced that plan and approved the Pine Island project, which incorporated all of those ideas that the Friends of Lake Apopka and the ECFRPC thought were so very important and have figured out a way to allow development to continue at the proper densities and still maintain a lot of green spaces.
Mr. Glenn Burns, Montverde, addressed the Board and stated that, on June 6, 2002, the ECFRPC is going to be in Clermont, at the Jenkins Auditorium, to put on this presentation.
Mr. Bill Neron, County Manager, stated that this is an excellent presentation, but a lot of challenges have been presented to staff these last several months, and they do take staff time. Mr. Neron stated that the Board can be assured that they are working on these things, but they have to work in a careful fashion to make sure all of these things work together and that they are not just reacting to one good idea but rather how they all fit together and how they can be funded. He stated that, after doing some research in the Internet, he found that Ft. Myers has a very excellent environmental land management program, and they were asking for approval from their County Commission for two new staff positions to help manage some of the things they have already purchased. He will be making a copy of the article and sending it to the Board members, but he wanted them to know that they have got to balance all of these things in hopefully one comprehensive package. Mr. Neron stated that Mr. Greg Welstead, Deputy County Manager, and Ms. Sharon Farrell, Senior Director of Growth Management, will be working on this during the summer, as they bring back the implementation phase.
Commr. Hanson stated that Mr. Neron was absolutely right and this helps to pull together many of those ideas that they have been talking about for the last year. It is smart growth and they have gone on record with resolutions supporting smart growth. It works hand in hand with land acquisition or green printing, and it does pull them all together, and the Board is going to do it, or they are going to sit back and say that they did not have staff to do it.
Mr. Neron stated that staff is not going to get there over the next 60 days, but maybe over the next 120 to 180 days, but he can assure the Board that staff is thinking of these things and how they fit together, so that they can make sure that they are managing those resources in the best direction for the County.
Commr. Hanson stated that Ms. Farrell has already thought a lot about much of this because she has indicated to her that just the clustering and the density issue was a text modification, and it is not something that has to go to the State for approval, so they may not be able to get a whole package done at one time. She stated that, even though they may have looked at the big picture, there may be individual things that they can accomplish with very little effort.
Mr. Neron stated that there are things they can do locally without Tallahassee approval and there are things that are going to be longer term in scope, but they need to have a focus of where they want to go to make sure they are allocating and putting those resources for the biggest return on their investment.
Commr. Pool stated that he appreciates their partnership with the ECFRPC and the Homebuilders, because they are all on the same page and trying to do something for the betterment of Lake County as they go forward. He applauds them and they will have their full support and they will work toward those ideas.
Commr. Hanson stated that ECFRPC provided the tape of Mr. Randall Arendt and it is going to be aired on the Lake-Sumter channel.
Commr. Stivender stated that this is a great thing to be working on and she does want to give Mr. Neron time to do it right and to put all of the things together, so that they are not going back and piece milling.
RECESS & REASSEMBLY
At 10:55 a.m., Commr. Pool stated that the Board would take a five minute recess.
PRESENTATION: PBS DOCUMENTARY ON THE ST. JOHNS RIVER BY TOM LOWE, PRESIDENT OF EAGLE PRODUCTIONS
Mr. Tom Lowe, President of Eagle Productions, addressed the Board and stated that he had with him Mr. Allen Smith, Executive Producer of Eagle Productions, and they wanted to thank Commr. Hanson for the invitation to be here today. Mr. Lowe stated that he would like to show the Board a short but exciting video they produced for PBS. He stated that the St. Johns River is one of 14 American heritage rivers. Mr. Lowe explained that their production company is in the documentary business, and film business, and they are storytellers, and they are here to tell the story with their video "The River Runs North." At this time, the video was shown to the Board. Mr. Lowe stated that this was what PBS saw in Washington when they presented it to them, and they said it was definitely a story of national interest, and they were going to air it on television, with 80 million people being the number of potential viewers on nationwide television. He noted that, in the packet that had been presented to the Board, there was a letter from PBS. Mr. Lowe stated that, after this airs on national television in Florida, there are 14 PBS stations, and each one of them will have the opportunity to rerun. As producers, they will provide it to all of the public school systems within Florida, as part of the history of the State, and they also have a website set up. If Lake County is one of the sponsors, they will have a direct link between their website and the county website, and all of the marketing material that goes out will have the County's name as part of it, but the big thing is that Lake County has played a big role in the history of this river and vice versa and there are a lot of stories here to tell. Mr. Lowe explained what is involved when filming such a video and stated that, with an 11 county geography, there is an enormous amount to cover in their time frame. He stated that they are talking to the Tourist Development Commissions and County Commissioners and are asking for their help. A number of counties have given from $10,000 to $30,000 to help them, and their goal is $225,000.
Mr. Allen Smith addressed the Board and stated that the St. Johns River is known as the River of Lakes, and the bodies of water in Lake County certainly do feed into it, and the history of the river and the history of Lake County certainly fit together. He stated that they would ask the Board to consider this as an opportunity to bring national attention to the region, to the state, and to one of the major resources of Florida.
Commr. Stivender stated that she is the liaison to the Tourist Development Council (TDC) and normally these things come to them for their review and recommendation, before it comes to the Board. She stated that they have a meeting scheduled for the end of the month, and she will get with Mr. Greg Mihalic, Director of Economic Development/Tourism, to see if he can put Eagle Productions on the agenda.
Mr. Bill Neron, County Manager, stated that, in terms of budget cycles, he was questioning when Eagle Productions needed the money, because, if the Board does not have the money in this year's budget, they could consider it after October.
Mr. Lowe explained that they have been working on this project for the past eight months, and they would like to have more funding as soon as possible. He stated that they would be delighted to appear before the TDC.
Mr. Neron stated that this subject fits in with the eco-tourism aspect that the County is trying to promote as part of the TDC.
Mr. Lowe stated that they are going to shoot an enormous amount of film and video on this river and the surrounding areas of Lake County, and they would be delighted to offer some of the out takes to showcase the beauty of Lake County. At this time, the Board directed him to work with Mr. Mihalic.
Commr. Hanson stated that she was not sure what the presentation would entail but a great deal of the Wekiva part of the St. Johns was in her district, and she was not sure if it needed to go before the TDC. She stated that often they do not think of the St. Johns as a tremendous asset and resource for Lake County.
Mr. Lowe stated that they would like to get with some of the Lake County historians, and Commr. Stivender noted that she is the liaison of the Historical Society.
Commr. Hanson stated that this is a perfect funding opportunity for TDC.
Commr. Pool felt that the Economic Development Council (EDC) would embrace what they are trying to accomplish and that they are after the eco-tourism side of Lake County and the entire river corridor, which could benefit from both the documentary, and the attention that it needs drawn to it, as well as the benefits of trying to preserve and enhance it.
From discussion, it was noted that the documentary would run one to two hours, and the Board directed Mr. Lowe to work with Ms. Patti Michel, Public Information Officer. It was noted that the Board will get a copy of the documentary, as well as the Lake County School system, and that there is a website.
Commr. Pool stated that he sees only positive things coming from both the documentary and the information to be provided and he feels that Commr. Stivender can encourage some participation by the TDC, and they will certainly do their part.
PUBLIC HEARING
ORDINANCES - AMENDING CHAPTER XIV, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-28, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; REPEALING AND REPLACING CHAPTER XIV, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ADMINISTRATION; CREATING SECTION 14.00.00, ENTITLED GENERALLY; PROVIDING FOR A PROHIBITION ON DEVELOPMENT UNLESS THE ACTIVITY IS UNDERTAKEN WITH THE APPROPRIATE DEVELOPMENT ORDER; PROVIDING FOR APPLICATION PROCEDURES; PROVIDING FOR NOTICE PROCEDURES; PROVIDING FOR PROCEDURES GOVERNING PUBLIC HEARINGS; PROVIDING FOR EX PARTE AND QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR THE DEDICATION OF RIGHT-OF-WAY; PROHIBITING THE RE-APPLICATION FOR A DEVELOPMENT ORDER THAT HAS BEEN DENIED BY THE BOARD OF COUNTY COMMISSIONERS OR THE BOARD OF ADJUSTMENT FOR A PERIOD OF ONE YEAR AFTER THE DENIAL; CREATING SECTION 14.02.00, ENTITLED COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; CREATING SECTION 14.03.00, ENTITLED REZONINGS; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES FOR PLANNED UNIT DEVELOPMENTS AND MIXED USE QUALITY DEVELOPMENTS; CREATING SECTION 14.05.00, ENTITLED CONDITIONAL USES; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; PROVIDING FOR ENFORCEMENT BY THE CODE ENFORCEMENT BOARD; CREATING SECTION 14.06.00, ENTITLED DEVELOPMENT OF REGIONAL IMPACT AND FLORIDA QUALITY DEVELOPMENT; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; PROVIDING PROCEDURES FOR AMENDMENTS NOT CONSTITUTING SUBSTANTIAL DEVIATIONS; CREATING SECTION 14.07.00, ENTITLED SUBDIVISIONS; PROVIDING THAT PLATTING IS REQUIRED; PROVIDING FOR GENERAL SUBMITTAL REQUIREMENTS; PROVIDING FOR SUBMITTAL REQUIREMENTS FOR PRELIMINARY PLAT; PROVIDING FOR EXPIRATION OF PRELIMINARY PLAT APPROVAL; PROVIDING FOR CONSTRUCTION PLAN SUBMITTAL REQUIREMENTS; PROVIDING FOR THE EXPIRATION OF CONSTRUCTION PLAN APPROVAL; PROVIDING ACTUAL CONSTRUCTION REQUIREMENTS; PROVIDING PROCEDURES FOR THE COMPLETION OF INFRASTRUCTURE; PROVIDING FOR FINAL PLAT SUBMITTAL REQUIREMENTS; PROVIDING FOR EXPIRATION OF FINAL PLAT APPROVAL; CREATING SECTION 14.08.00, ENTITLED GUARANTEES AND SURETIES; REQUIRING DEVELOPERS AGREEMENTS, PERFORMANCE BONDS AND MAINTENANCE BONDS; CREATING SECTION 14.09.00, ENTITLED SITE PLANS; PROVIDING FOR SITE PLAN SUBMITTAL REQUIREMENTS; PROVIDING FOR EXPIRATION OF SITE PLAN APPROVAL; CREATING SECTION 14.10.00, ENTITLED MASTER PARK PLANS; PROVIDING FOR MASTER PARK PLAN SUBMITTAL REQUIREMENTS; PROVIDING FOR EXPIRATION OF MASTER PARK PLAN APPROVAL; CREATING SECTION 14.11.00, ENTITLED MINOR LOT SPLITS, FAMILY DENSITY EXCEPTIONS AND AGRICULTURAL LOT SPLITS; PROVIDING FOR LOT SPLIT SUBMITTAL REQUIREMENTS; PROVIDING FOR TIME LIMITS TO RECEIVE FINAL APPROVAL OF LOT SPLIT APPLICATIONS; CREATING SECTION 14.12.00, ENTITLED LOT LINE DEVIATION/ADJUSTMENTS; PROVIDING FOR LOT LINE DEVIATIONS STANDARDS AND SUBMITTAL REQUIREMENTS; CREATING SECTION 14.14.00, ENTITLED DEVELOPMENT PERMITS; PROVIDING STANDARDS, APPLICATION PROCEDURES AND EXPIRATION DATES FOR VARIOUS TYPES OF DEVELOPMENT PERMITS; PROVIDING FOR PLOT PLAN SUBMITTAL REQUIREMENTS, INCLUDING BOUNDARY SURVEYS; CREATING SECTION 14.15.00, ENTITLED VARIANCES AND APPEALS; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; CREATING SECTION 14.16.00, ENTITLED VESTED RIGHTS DETERMINATION; PROVIDING FOR STANDARDS AND APPLICATION PROCEDURES; PROVIDING THAT APPLICATIONS MUST BE SUBMITTED WITHIN ONE YEAR OF THE CHANGE TO THE COMPREHENSIVE PLAN OR LAND DEVELOPMENT REGULATIONS OR UNTIL JUNE 1, 2003, WHICHEVER IS LATER; CREATING SECTION 14.17.00, ENTITLED PROCEDURES FOR SPECIAL MASTER PROCEEDINGS HELD PURSUANT TO SECTION 70.51, FLORIDA STATUTES; CREATING SECTION 14.18.00, ENTITLED DEVELOPMENT AGREEMENT ACT; PROVIDING FOR REQUIREMENTS FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR A PUBLIC HEARINGS PROCESS; PROVIDING FOR LOCAL LAWS AND POLICIES GOVERNING DEVELOPMENT AGREEMENTS; PROVIDING FOR RECORDING OF DEVELOPMENT AGREEMENTS IN THE PUBLIC RECORDS; PROVIDING FOR ENFORCEMENT OF DEVELOPMENT AGREEMENTS; AMENDING SECTION 5.01.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED EXEMPTIONS FOR DEVELOPMENT WITH DE MINIMUS IMPACTS; AMENDING SECTION 9.02.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED REMOVAL OF TREE REQUIRES PERMITS; AMENDING SECTION 9.02.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMITS; REPEALING CHAPTER XII, LAND COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; ENTITLED HARDSHIP, APPEALS AND ENFORCEMENT; AMENDING SECTION 13.03.01, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that, in order to paraphrase the title, it essentially makes three types of changes, some definitional changes to Chapter II in the Lake County Code; it is a complete rewrite of Chapter XIV; and it makes changes to other sections of the Land Development Regulations (LDRs) where they had referred to sections of Chapter XIV. Mr. Minkoff stated that staff started work on this about 18 months ago and it was a multi-departmental effort. They realized that they had some difficulties with some of the procedural sections in Chapter XIV. He stated that Public Works met with all of the engineers involved with land development, and Growth Management met with all of the planners. His staff met with all of the attorneys that were involved with land use more than once and provided copies to each of those groups as they went through it and got their comments and incorporated those comments. They met with Planning and Zoning in December and then had a special workshop in January where they discussed each page. Staff incorporated their changes in a memorandum, which they sent to them, and they recommended approval to the Board in April. Mr. Minkoff explained that the proposed ordinance in the backup is not the final one, because three changes were made at Planning and Zoning. He stated that one of them was a clarification on whether they count days as business days, or whether they count days as calendar days, and the change was made at Planning and Zoning that, if the time period was longer than 30 days, it would be calendar days; shorter than 30 days, it would be business days. The second change was on Page 88 where a line was left out from the original Code, and it was placed back in the language. The third change, which was minor, was under the new section for development agreements, and the Statute requires that, when they do a development agreement, they send the Department of Community Affairs (DCA) an update, and a change was made so that it would also go to the Board. The last section on development agreements is the only substantive change in the Code. It allows the County to enter into development agreements with landowners; they have to meet the LDRs and the Comprehensive Plan; and, if they do, they can agree to a contract on how they will develop their land over a ten year period. He stated that, through these types of agreements, they will be able to require central water and sewer for developments, or other things that are not specifically required in the Code, but allowed by the Code.
Commr. Hill stated that Planning and Zoning went through the ordinance very comprehensively and made changes. She stated that the changes are not reflected in the document before them and, if they approve the Planning and Zoning recommendation, they will have those three changes included.
Commr. Pool opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson referred to Page 13, Section 14.00.09 Res Judicata, and a final decision denying an application being made by the Board of County Commissioners, or the Board of Adjustment, and stated that she did not see where, if it was denied without prejudice, they could come back in less than the year time frame.
Mr. Minkoff explained that the Board has used that language but, in the LDRs, that wording is not in the current Code, so it was not taken out, or put back in. He stated that there was a change to this section. The res judicata language basically said that, if they had a trial on it, unless there was a changed circumstance, it could not come back at all. He stated that this is a change, because it has been coming to the Board more frequently with res judicata claims in front of the Board, but other than that, without prejudice was not there previously. Mr. Minkoff stated that language could be included, if the Board wished to amend it, which would allow the Board to waive the one year period.
Commr. Hanson stated that, since the Board does waive the one year period from time to time, she felt the wording should be added to the language.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved Ordinance 2002-28, as read by title only, amending Chapter 14, Lake County Code, Appendix E, Land Development Regulations, and as amended to include the recommendation from Planning and Zoning (as stated above by the County Attorney), and including additional wording pertaining to the Board being able to deny cases without prejudice.
Mr. Minkoff stated that people that the directors designated to do work on this item spent many, many hours going through the ordinance and should be commended for their efforts.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments, or concerns.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request for approval and authorization for additional funding to complete the Astor and Paisley modular libraries, at an estimated cost of $121,690.00 from the Infrastructure Sales Tax Fund, Special Reserve. Mr. Stivender stated that earlier in the meeting, the Board took action on a request to transfer the money under the consent agenda. He stated that originally the request had been brought to the Board to develop libraries at three sites and, since that time, the Central Lake library site has been dropped, and the money was rolled back into reserve. In looking at the costs, staff found that, during the Paisley Library construction, there was a lot of extra work done, and it was never brought forward to the Board as a change order. At the same time, the Astor site is occupying space on the grounds, on a mound of dirt. The dirt was not originally anticipated on the job, and neither were parking improvements and site improvements, therefore, staff is requesting the additional $121,690.
Mr. Bill Neron, County Manager, stated that, after looking at all of the information, staff should not have to come back to the Board. Mr. Neron explained that he has changed some of the internal procedures on projects of this type by coordinating them through Mr. Stivender's capital improvements office so, as they do these departmental projects, either fire stations, or libraries, or community centers, by going through a centralized process, they are identifying the full and complete cost of the project up front, but that is not to say that from time to time they may not have to come back to the Board when they run into some unforseen circumstances, but basically, these costs should have been identified as part of the project up front.
Commr. Hill discussed the costs involved with the libraries, and the amount of $291,515 being moved back into special reserve and questioned the actual costs involved for each library.
Ms. Wendy Breeden, Library Services Director, addressed the Board and stated that the cost is $285,000 per library.
Mr. Bill Neron, County Manager, explained that staff is in the process of bringing a request back to the Board for the reallocation of those funds ($291,515) to reserves.
Commr. Hill pointed out that each library will cost $645,000 which will include books, carpeting, landscaping, etc.
Ms. Breeden explained that the square footage for each modular library is 4,200 square feet, and they will be larger than the community libraries.
Mr. Minkoff pointed out that the modular libraries are specially designed and are not the same as the community buildings.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval and authorization for additional funding to complete the Astor and Paisley modular libraries at an estimated cost of $121,690.00 from the Infrastructure Sales Tax Fund, Special Reserve, based on the fact that they are completed.
Mr. Neron stated that staff had distributed to the Board members, as part of one of the presentations, a list of numerous ongoing construction projects and, based on Commr. Hill's inquiry on Monday, he contacted Mr. Stivender and asked how many more of these are out there, if any, and to try and identify those early on. He noted that staff is working on the list of completion work for parks, and it will be presented to the Board sometime in May as an agenda item.
Commr. Stivender noted that the Parks and Recreation Advisory Board also would like to have this information as to the status of the parks that have been approved by the Board.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
Mr. Sandy Minkoff, County Attorney, requested that the Board postpone the request for the appointment of Ms. Beverly Pool as Cooper Memorial Library's alternate member on the Lake County Library Advisory Board, until further review by the County Attorney's Office.
Commr. Pool explained that Beverly is his wife, and it was not her goal, or desire, to be the alternate member but, in order to help the library, she said she would serve in that capacity.
Mr. Minkoff stated that he believes the Board will be prohibited from appointing Ms. Pool as a member, because there has been a change in the Statutes. The Statutes used to say that they could appoint a spouse, or a relative, of one Commissioner, if that Commissioner abstained but, several years ago, there was a change that it was impermissible for the collegiate body to appoint a spouse, or a relative. He stated that it may be that this is an exception to that change, but the general rule is that the Board is not permitted to take this action.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
RESOLUTIONS
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board the request for approval of Resolution 2002-62 proclaiming May 2002 as National Tourism Month.
RESOLUTIONS
Commr. Stivender made a motion to approve the request for approval of Proclamation 2002-63 declaring the month of May 2002 as Law Enforcement Month in Lake County and noted that she will be presenting this on the 14th day of May at the Judicial Center during their annual ceremony.
Commr. Hanson seconded the motion.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 4-0 vote.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
RESOLUTIONS
Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve the request for approval and execution of Proclamation 2002-64 proclaiming May 2nd as National Day of Prayer in Lake County.
Under discussion, Commr. Hanson recognized Ms. Linda Rozar who asked to speak to the Board for a couple of minutes.
Ms. Linda Rozar, Fruitland Park, National Day of Prayer Headquarters in Colorado Springs and Washington D. C., addressed the Board and extended her appreciation to Commr. Hanson for once again bringing this before the public, the Proclamation by Governor Jeb Bush for the National Day of Prayer, which is May 2nd. Ms. Rozar stated that most city halls will be having prayer vigils, or observances, and she will be at the one in Leesburg this year. Their theme this year is America United Under God, and they would like to focus on families living in harmony and find balance in the community and stability. At this time, she asked that there be a moment of silence regarding the loss of life at the September 11th tragedy, and then she would offer a prayer for America, by the United States Senate Chaplain.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 4-0 vote.
REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2
RESOLUTIONS
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2002-61 proclaiming the month of May as Civility Month.
Mr. Bill Neron, County Manager, stated that, after reading some articles on the Internet recently, he has found that several of their surrounding counties have actually adopted a civility policy relating to conduct at commission meetings, not so much for the Board, but for the public, as well as staff and how they handle the public. He explained that Ms. Patti Michel, Public Information Officer, called those counties and got copies of those policies, and he wanted the Board to know that he has the Human Resources Director looking at this in conjunction with other current County policies, and he may be bringing something back to the Board for their consideration.
GRANTS/RAILS TO TRAILS/OUTDOOR RECREATION
Commr. Pool stated that he understands that there are dollars available for the Rails to Trails program providing that the County has a Trail Master Plan. He wants staff to make sure that what the County has today fits into those guidelines for grant requests, so that it can be carried forward to the State and generate dollars back to Lake County.
Mr. Bill Neron, County Manager, stated the he is meeting with staff later this week to try and elevate that whole project, so that it gets the attention it deserves.
Commr. Pool stated that he sees many opportunities, and he believes that the Board has some good news coming on the County's trail corridor and throughout Lake County, and it will be something where they will work closely with the landowners, and it will benefit the community.
ADDENDUM NO. 1
REPORTS - COMMR. HANSON - DISTRICT #4
ACCOUNTS ALLOWED/TRANSPORTATION
Commr. Hanson stated that it looks hopeful that the County will get State matching dollars for transportation, and she understands that no level of service will be lost.
Mr. Bill Neron, County Manager, stated that staff has been told that there may be some additional transportation disadvantaged funds forthcoming but, until he sees it in writing, he will bring this item back at the appropriate time.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 2002-65 proclaiming April 16, 2002 as Equal Pay Day in Lake County.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:55 a.m.
ROBERT A. POOL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/4-2-02/5-2-02