A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY 5, 1989
The Lake County Board of County Commissioners met in regular session on Wednesday, July 5, 1989 (rather than the regular meeting day of Tuesday, due to it falling on the July 4th holiday), at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were : Christopher C. Ford, County Attorney; Ava Kronz, Assistant to the County Manager; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.
Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
Commr. Bailey stated that on Page 27 of the Minutes of June 20, 1989, the name Hinson should be corrected to Hanson, and on Page 29, the name Welshman should be corrected to Welshymer.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 20, 1989, as corrected.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests:
Request for payment of Warrant No. 95711 through Warrant No. 96245, for the following accounts:
Paisley Fire District County Transportation Trust
Fine & Forfeiture
General Revenue Emergency 911 Fund
Countywide Library Bassville Fire District
Section 8 Northwest Fire District
South Lake Fire District Pasco Fire District
Northwest Ambulance Countywide Fire District
Mosquito Control Aquatic Weed
Law Library Mt. Plymouth Fire District
Private Industry Council Revenue Sharing
Northwest Ambulance Northeast Hospital
Northeast Ambulance Capital Outlay
Resort & Development Fund Tax
Bonds - Contractor
Request for approval of the following Contractor Bonds:
4734-89 Richard D. Noble d/b/a Noble Electric Service (Electrical)
4736-89 Darrell Chandler (Electrical)
4737-89 Control Electric Systems, Inc. (Electrical)
4738-89 William C. Tindale (Aluminum Contractor)
4739-89 Terry L. Carlson d/b/a T. L. Carlson Construction Co.
4740-89 All Wright Aluminum, Inc. (Aluminum)
4741-89 Florence A. Lange d/b/a Lange Custom Homes (Residential)
4742-89 Mark Allen Clarkson (Aluminum Contractor)
Request to approve the following Satisfaction of Judgments:
Satisfaction of Judgment for David R. Perry, in the amount of $250.00 - Case No. 89-307-CF.
Satisfaction of Judgment for Sharon Denise Buchanan and Mary Bonds, in the amount of $50.00 - Case No. 89-167-CJ.
Satisfaction of Judgment for Darrell M. Smith, in the amount of $250.00 - Case No. 86-1349-CF.
Request to approve and authorize proper signatures on the following Satisfaction of Assessment Liens:
Imperial Mobile Terrace
Lawrence J. Benson $ 708.26
Lawrence J. Benson 333.38
Lawrence J. Benson 263.29
Mt. Plymouth Subdivision
Marian Dubord 1,304.93
Sylvia & Mayer Investments 469.28
Sylvia & Mayer Investments 469.28
Andrew L. Betz 460.97
Andrew L. Betz 405.40
Andrew L. Bets 278.77
Bruce Houdek 550.52
N. D. Wherrell 581.16
George W. Millen 1,029.52
Richard W. Moss 474.16
Astor Forest Campsites
Samuel L. McWhorter 1,679.70
Roger I. & Betty Johnson 1,291.35
Edward A. Beldin, Trustees 1,194.00
Wilhelmina Hickenbottom 1,161.75
Wilbur L. Alsobrook -0-
Edward R. & Marjorie Meusel -0-
Elsie L. Langdon -0-
Ralph Faircloth, Sr. 1,669.79
Carl E. & Helen G. Dubble -0-
John L. & Connie Eisentrout -0-
John R. & Barbara A. Staats 1,552.39
John L. & Connie Eisentrout -0-
Thomas A. & Deni Younce, Jr. 1.756.05
Florida Fruitland Park Homesites
Olive M. Holmes 895.34
Harold L. & Helene J. Vaughn 895.3
Forty Eight Estates
Betty T. Scott 946.73
Western Shores Subdivision
Geraldine Ruth Dove 1,316.15
Hilltop - No. 3
H. B. Turpening 759.06
Michael Gregg & Christina Louise Fader 1,001.82
El Bonito Subdivision
AnneMarie Molnar 1,123.57
Sorrento Ranchos Penlan Park
Cecil A. & Frankie C. Benton 3,150.02
Don A. & Mildred E. Tunstall, H/W 3,127.85
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 1989, in the amount of
COUNTY MANAGER'S CONSENT AGENDA
Commr. Windram questioned the cost of the Wheelwriter 6 typewriters, alluded to in Tabs 11 and 20, at which time Mr. Robert McKee, Chief Deputy Clerk, stated that the figures shown are not-to-exceed figures.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Private Industry Council
Request from Private Industry Council, to purchase two (2) IBM Wheelwriter 6 typewriters, at a total estimated cost not to exceed $1,500.00.
Request to approve changes and additions to the Personnel Rules and Regulations, as submitted by the Personnel Committee.
Accounts Allowed/Pollution Control
Request for authorization to purchase Outage Protection System, in the amount of $900.00, for Pollution Control.
Accounts Allowed/Mosquito-Aquatic Plant Management
Request for authorization to purchase a London Fog XK U.L.V. (or equivalent) Cold Aerosol Generator, for mosquito spraying applications, at an
approximate cost of $5,695.00, for Mosquito-Aquatic Plant Management.
Accounts Allowed/Budgets/Emergency Management/Grants
Request to amend Emergency Management's budget, in the amount of $3,000.00, to account for the receipt and expenditure of $3,000.00 in grant funds,
from the State Department of Community Affairs.
Accounts Allowed/Bids/Fire Protection
Commr. Gregg questioned whether the cascade air system, which is being requested by the Bassville Fire District, in Tab 16, will be used countywide, at
which time Mr. Lonnie Strickland, Director of Health and General Services, stated that it would be mobile and, therefore, will be able to be used anywhere
in the County.
Request from Bassville Fire District, to obtain bids for a cascade air system, for the refill of air bottles, at an estimated cost of $19,495.00.
Accounts Allowed/Bids/Fire Protection
Commr. Windram informed the Board that he was concerned about the County loading itself up with fire trucks which parts are not available for,
therefore, cannot be fixed, such as the 1975 fire truck alluded to in this request.
A brief discussion occurred regarding this issue.
Request for Paisley Fire District to bid on a 1975 Chevrolet truck, from Orange County, in the amount of $2,500.00.
Request to accept the resignation from Alice Martin, Pasco Fire District Advisory Board, and directed a letter of appreciation for the 3 l/2 years of service to the County.
Signs/Municipalities/Roads-County & State
Request by property owners, in Clermont, to change Rigney Road to Hoboh Lane.
Request to purchase one (1) IBM Wheelwriter 6 typewriter, at an estimated cost of $660.00, by the City of Tavares, for use in the Tavares Public Library.
Contracts, Leases & Agreements/County Buildings & Grounds
Request for renewal of lease for the South Lake Annex, in Clermont.
Accounts Allowed/Roads-County & State/Public Works
Request for final approval of Wedgewood Club, First Addition; accepted an Irrevocable Letter of Credit, in the amount of $7,000.00, for maintenance; and
accepted the following roads into the County maintenance system:
Scotts Dale Drive (S-6443)
Glen Abbey Drive (5-6444)
An extension of Dora1 Drive (S-6344)
Request to accept right-of-way deeds for Merrell Avenue paving project, in conjunction with the Community Development Block Grant Program.
Accounts Allowed/Road Projects/Roads-County & State
Request to accept Hollow Lane, #1-4523A, into the County maintenance system, and to make the first and final payment to Paquette Paving Company,
Inc., in the amount of $30,601.50, for Project No. 2-89, Leesburg Recreation Park Road.
Accounts Allowed/Road Projects
Request to award Project No. 9-89, Kings Cove Subdivision, Fifth and Sixth Additions, to Paquette Paving Company, in the amount of $249,845.00, low
Signs/Roads-County & State
Request to post two (2) 25 mph speed limit signs, on Yalaha Cutoff Road, #2-3129A, and Lakeshore Drive, #2-3128.
Right-of-ways, Roads & Easements
Request to accept the following drainage easements:
Raymond L. and Dorothy Ann Anderson - Spring Lake Road - #l-6104
Warren I. and Dorothy E. Guerry - Spring Lake Road - #l-6104
Deeds/Right-of-ways, Roads & Easements
Request to accept the following previously recorded right-of-way deeds:
Leonard C. Carter, Trustee, Carter Realty Company, Carter Fruit Company, and Triple C. Development Company, for C-561-A.
Leonard C. Carter, Trustee, Carter Realty Company, Carter Fruit Company, and Triple C. Development Company, for C-561-A.
Leonard C. Carter, Trustee, Carter Realty Company, Carter Fruit Company, and Triple C Development Company, for Triple E Road, #3-2153.
Deeds/Right-of-ways, Roads & Easements
Request to accept the following right-of-way deeds:
Gerald Tyrone Ridgon Jim Daugherty, #5-717163
James E. Sampson McKinley Road, #5-6661
Robert G. & Melva E. Bradley Hwy. 44-C
James M. Frazier, Jr. Marion County Road, #l-8010
Tommy Rohland & Ruth Johnston Marion County Road, #l-8010
Theron & Vivian Robinson Marion County Road, #l-8010
Fred Rohland & Ruth Johnston Marion County Road, #l-8010
Deeds/Roads-County & State
Request to release the following Murphy Act Deed Reservations:
#2753 Release all reservations - Mt. Plymouth Area
Gregory 0. Wiggins
#1036 Reserve 25 ft. from Centerline on Oak Lane, #4-3885,
Sorrento Area - Ralph & Marie Towner
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Mr. Don Findell, Director of Environmental Services, appeared before the Board to explain the request, stating that the Solid Waste Flow Control Ordinance was revised with language which states that any waste generated in Lake County cannot be disposed of outside of Lake County and any waste generated outside of Lake County cannot be disposed of in Lake County, unless the Board gave approval to do so. He stated that Town & Country Refuse requested to transport waste tires out of the County, due to the fact that, at present, the County has no place to adequately dispose of said tires, however, has applied for a permit and is in the process of developing a waste type storage area at the Astatula Landfill.
Commr. Bakich questioned the time frame involved in developing said storage area, to which Mr. Findell responded that it would be approximately 90 days, maximum.
It was noted that the County would store said tires and, then, periodically, have someone come in and shred them or remove them from the County.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Town and Country Refuse, Inc., to transport waste tires out of the County, for disposal, until such time as the County's waste tire storage facility is developed.
Mr. Don Findell, Director of Environmental Services, appeared before the Board to explain the request, stating that said request is in conjunction with the previous request, regarding the transporting of waste tires out of the County.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request to seek bids, for fencing, for the Used Oil Collection/Recycling Area and Waste Tire Storage Area, at the Astatula Landfill, as previously discussed.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS
Mr. Don Findell, Director of Environmental Services, appeared before the Board to explain the request, stating that the contract being alluded to in the request arises out of the Recycling and Education Program that the County is conducting as part of Senate Bill 1192 (Solid Waste Management Act). He stated that the Board formed a Recycling Subcommittee, which met over a period of weeks and months, to determine what sort of activities they would like to have initiated and implemented for the grant period, which runs until October 30, 1989. Said activities were put together in the form of a grant application package to the Department of Environmental Regulations (DER), which was then presented to the Board and approved and resubmitted to DER. DER has since approved the application and the County is ready to receive said funds.
It was noted that, should this request be approved this date, the County would have approximately $1 million under contract with Post, Buckley, Schuh and Jernigan, Inc., for various projects.
Discussion occurred regarding this issue, at which time several Commissioners commented and stated concerns they had regarding such contracts.
Commr. Swartz stated that he would like to see Lake County go out on a competitive bid process, and hire an overall general engineering and consulting firm, to act on the County's behalf, and be available for such cases as the one before the Board this date, however, no action regarding this issue was taken at this time.
The County Attorney, Chris Ford, questioned Mr. Findell regarding the fact that, in the contract being discussed this date, the consultant's (Post, Buckley, Schuh & Jernigan, Inc.) fee is listed as $119,000.00, rather than $100,000.00, to which Mr. Findell responded that said amount would be corrected.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved the request for authorization to execute a Recycling Contract, with Post, Buckley, Schuh and Jernigan, Inc., at a not-to-exceed cost of $100,000.00, which is part of the Department of Environmental Regulation's Grant Funded Program.
Commr. Swartz voted "No".
EMERGENCY MANAGEMENT/PUBLIC HEALTH
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to explain the request, stating that some changes have been made in the Peacetime Emergency Plan, regarding updating time scales concerning hurricane warnings, as well as an update in working with the Sheriff's Department, etc. in training for bomb searches, which has to be incorporated and approved by the Board, before being submitted to the State.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request, by Emergency Management, to publish Change No. 2 to the Lake County Peacetime Emergency Plan (PEP).
ACCOUNTS ALLOWED/BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to explain the request. On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to transfer $81,840.00, from the Fine & Forfeiture Contingency Account to the Sheriff's Department, for salaries and benefits of 12 temporary call taker positions, which was approved by the Board on May 2, 1989.
ACCOUNTS ALLOWED/BONDS/CONTRACTS, LEASES & AGREEMENTS
Mr. John Swanson, Director of Planning and Development, appeared before the Board to explain the request.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for final approval of Park Place, on Lake Joanna; accepted an Irrevocable Standby Letter of Credit, in the amount of $1,080,397.00, for performance; accepted a Developer's Cash Completion Bond; and accepted and executed an Escrow Agreement.
BONDS/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. John Swanson, Director of Planning and Development, appeared before the Board to explain the request, stating the purpose of said request was to enable the County to enter into an agreement whereby County staff can inspect construction licenses within the corporate limits of Clermont.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for execution of an Interlocal Agreement between the City of Clermont and Lake County, for the enforcement of construction licensing requirements.
Commr. Gregg questioned what the County receives in handling said permits, to which Mr. Swanson responded that the County receives 100% of the permit fees.
ACCOUNTS ALLOWED/PUBLIC WORKS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request, stating that one of Public Work's vehicles (a bucket truck) was totaled out. He stated that staff searched the local area, through Purchasing, for a vendor that had a one-ton available, however, was unable to find one. The truck's original bucket attachment was purchased from Altec, and it was discovered that they had one on their lot for less than what was quoted locally, thus the reason for the request to purchase it from them.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to declare an emergency, to purchase one (1) one-ton 1989 Ford F350 cab and chassis and boom/utility box remounting, from Altec, in Birmingham, Alabama (sole source), at a cost not to exceed $18,000.00, of which $13,741.00 is to be paid from insurance.
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request, stating that there is a proposed special assessment for Sylvan Shores, to have testing done on the roads presently in the subdivision, due to a large amount of cracking and deterioration. At present, one of the options is to put a two to three inch overlay on said roads, to bring them up to County standards. He stated that said testing will confirm how much overlay needs to be put on the roads.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to have the unmaintained roads in Sylvan Shores tested, by Central Testing Laboratory, at an estimated cost of $1,800.00.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request, stating that said project has been on the road program for approximately five (5) years. He stated that half of the right-of-ways were obtained several years ago and the other half has, thus far, not been obtained. He stated that Public Works plans to do intersection improvements at U.S. 27/441, providing decel lanes and left-turn lanes, as well as a road realignment at the mid-point of Spring Lake Road, near the church, and drainage improvements, to slow stormwater runoff, on the west end of said road.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids on Spring Lake Road, #l-6104, widening and resurfacing, at an estimated cost of $250,000.00 (impact fee funded).
ACCOUNTS ALLOWED/GRANTS/ROADS-COUNTY & STATE/MUNICIPALITIES
Mr. Jim Stivender, Director of Public Works, appeared before the Board to explain the request, stating that said request is part of the Southeast Umatilla Community Development Block Grant, which was put out for bid by Planning and Development, to complete the grant. He stated that the contractor has been required to provide his own St. Johns permit, to expedite the project, due to being under a time restraint.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for bids, for the construction of Merrill Avenue, at an estimated cost of $25,000.00. Construction of said road is a part of the Southeast Umatilla Community Development Block Grant.
ACCOUNTS ALLOWED/OUTDOOR RECREATION
Commr. Swartz stated that, in keeping with the Board's action of a few meetings ago, he was bringing back recommendations for the allocation of funding within District III, in the amount of $33,426.67. A memo was provided to the Board, listing the six (6) municipalities in District III, as well as how much is to be allocated to each, and for what purpose. He also provided an amended copy of the Interlocal Agreement for Recreation Funding, noting that the only change to it was the fact that funds which are allocated can be used through September 30, 1990.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to allocate recreation funds, in the amount of $33,426.67, for District III, as stipulated in the above stated memo, as well as approved the amendment to the Interlocal Agreement for Recreation Funding (for municipalities), as indicated.
At this time, Commr. Bailey questioned the allocation of funds in rural areas.
A brief discussion occurred regarding this issue, at which time Commr. Windram stated that staff had been instructed to come up with some guidelines which would apply to the unincorporated areas of Lake County, as well as the municipalities.
Commr. Swartz stated that, while working with staff in putting together an RFP for the recreation consultant, he received a copy of the draft which had been put together to try and answer some of the questions regarding the unincorporated areas. He stated that, although they haven't been addressed specifically with goals and objectives, some of the areas being identified are Astor, Mt. Plymouth, Sorrento, Bassville Park and Cassia. He then requested staff to supply each Board member with a copy of said draft, for their perusal.
No action was taken at this time.
RECESS & REASSEMBLY
At 9:58, the Chairman announced that the Board would recess until l0:00, for a Time Certain Public Hearing regarding an Impact Fee Study.
COMMITTEES/ROADS-COUNTY & STATE
Mr. Tom Jackson, Hunter Services, Inc., appeared before the Board stating that his firm was under contract with Lake County and the Lake County School Board, to prepare impact fees. He stated that he was accompanied by Mr. Coen Purvis, a Senior Associate, who is responsible for the day-to-day work on said study. He proceeded to give some background information concerning the study and his firm, what approach they are using, and where the study is, at present. He stated that they are looking at a variety of service areas, such as Transportation (which the County already has in effect - his firm is primarily involved in updating the current road impact fees) and Public Safety (which includes Law Enforcement, Fire Protection and EMS Services). He stated that Parks and Recreation, for water and wastewater treatment facilities, is also included in the scope of their study, as well as Public Libraries.
Mr. Jackson stated that the way the agreement with the County is structured, is that his firm will begin working on said issues at various points in time, depending on the issuance of the work order. The work order that they are currently operating under has them addressing the road impact fee update and, also, looking into Public Safety impact fees. He stated that his firm has been doing a variety of work in this area around the State. He noted that one of the firm's legal consultants, Ms. Nancy Stroud, who is also a part of their team, and was successful in the Palm Beach County Road Impact Fee Ordinance (which established a precedent in the method of doing nearly all the road impact fees around the State), was not present at this meeting.
Mr. Jackson stated that his team had met with department heads and reviewed the different approaches, requirements, and data that his firm will be using. Basically, he stated, what his firm does is take replacement costs information on each facility area that the fee is calculated on and establishes a fee (fair share impact fee), which measures individual unit (square footage of retail space, single family housing units with two bedrooms, etc.) demands for development on those particular types of facilities. He stated that his firm tries to work out a formula that estimates individual demand placed on the facility, or service, from each unit of development.
Mr. Jackson stated that general requirements for impact fees are established under what is known as the rational nexus test. Rational nexus, in addition to requiring that one measure unit demands, also requires that the impact fee money not be used to pay for existing deficiencies, or backlog, of capital improvements that the County may need. It also requires that the County establish a level of service standards for each facility type, as well as a service delivery standard, and that the impact fees be used to maintain said levels of service standards, in face of new growth, and not be used to pay for improvements necessary to get the County up to those levels of service standards that are a result of past growth. He stated that the impact fee test (rational nexus test) also requires that the County give credit for other forms of payment.
Mr. Jackson also stated that once a Fee schedule is put together, to recommend to the Board of County Commissioners, his firm will then discuss the different types of credit that will be allowed. Credits are, basically, a reduction in the fee for other forms of payment. He stated that his firm will look at ad valorem revenues, as well as the County's financial records and statements and track, historically, how the individual facilities have been paid for in the past, and allow credits in these areas, when necessary. Fee money has to be placed in separate accounts, and road fees should have different benefit areas, with each benefit area having a separate trust account. Monies that are collected within said benefit areas are placed in said accounts and spent within those geographic areas, for the benefit of development within said area. This is true for all the different fee areas. He stated that his firm will discuss different benefit areas and whether the County will prefer to have certain fees assessed on a countywide basis, and have it go into one simple trust fund, or whether they would rather have smaller trust funds that correspond to different geographic areas. Concerning police and fire, Mr. Jackson stated that the common practice is to have one single countywide trust fund, which allows the County some flexibility in expenditure of said monies. There is a time requirement, for the money to be spent, which is generally five (5) to seven (7) years - no longer than ten (10) years. It has to be documented, however, that said money was spent for the purpose that it was intended.
Mr. Jackson stated that his team is beginning to work on Police, Fire, EMS and roads. The current work order has them updating the road impact fees by the end of July, 1989. Said updating will occur in two different phases - one being what his team is presently doing, based on new cost standards, etc., and the second phase will add some additional information that they will obtain from the current road and transportation model that the County is developing. He then turned the floor over to Mr. Coen Purvis, to discuss what the firm is doing in the different areas which were discussed.
Mr. Coen Purvis, Hunter Services, Inc., appeared before the Board, reiterating what Mr. Jackson had stated, that, at present, his team is concentrating on Transportation and Public Safety elements of the impact fee. He stated that they have started putting together cost information, primarily obtaining said information from the Road Capital Improvements Fund, which lists five year improvements that the County wishes to do. The Transportation fee is scheduled to be ready by August 1, 1989, and the Public Safety fee by October, 1989. He stated that one of the things they are trying to do, at present, with Public Safety is to start on the demand side of the impact fee - to try and trace the demand for Public Safety back to particular land uses. Generally, this process of the impact fee study takes a fairly long time, due to going back and doing a lot of data collection. He informed the Board as to how his team is obtaining said data and stated that he feels they are on schedule. He stated that they have also started Library Services, even though it is not in the current work order, and indicated what has been done in this area, thus far.
Commr. Swartz questioned how rough a draft the Transportation Impact Fee would be, as opposed to having something back which the Board could use to modify the County's existing ordinance, to which Mr. Purvis responded that the new schedule which they will come out with, as a result of their current work, will give the Board a basis to re-establish fee levels. It will be an update to what the County presently has, which can be used to change said fee levels and start collecting different amounts of revenue.
Commr. Gregg questioned Mr. Jackson as to what time period his firm was looking at, from the point of August 1, 1989 (which is the date they indicated the Transportation Fee Schedule would be ready) until there is a completed ordinance, to which Mr. Hunter replied not more than a couple of weeks. It was noted that the County would have to advertise said ordinance and hold a public hearing regarding it.
Commr. Gregg questioned whether Hunter Services, Inc. wished to use a Citizens' Advisory Committee, to work with them regarding fees. Mr. Jackson stated that he felt it would be to the advantage of the County to have an open discussion, whether it be through a Citizens' Advisory Committee or through a workshop of some sort, to get everybody involved, especially in the new fee areas.
Commr. Gregg injected that when this issue was discussed at the initial meeting with Hunter Services, Inc., it was decided that the School Board would name two (2) individuals and the Board of County Commissioners would name three (3), to sit on a committee, to bring in people that would be most affected by said fees, in order for them to see how said fees were derived, and then to help sell the schedule to the public, in order to prevent problems at the public hearing.
Mr. Jackson stated that his firm had met with the School Board and have put their work on hold, until there is some additional ruling on the St. Johns County lawsuit.
Commr. Swartz questioned Mr. Jackson's feelings regarding municipalities having the ability of opting out of the County going into a countywide ordinance. Mr. Jackson stated that a lot of it depended on the reasons for the municipality opting out. A brief discussion occurred regarding said issue.
Commr. Gregg questioned Mr. Jackson as to whether his firm was looking at changing the present benefit areas, at this time, regarding the Transportation Impact Fee, or leaving it as is, for the first draft, to which Mr. Jackson responded that they would be leaving it as is for the first draft, until such time as they could receive information regarding circulation patterns, which could provide a basis for making some recommendations for adjusting said areas, if it seems necessary.
Commr. Swartz questioned whether this is something that is, or can be included in, what Hunter Services, Inc. is doing. Mr. Jackson stated that his team will be looking at it.
The Board then thanked Mr. Jackson and Mr. Purvis for their presentation.
No action was taken at this time.
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board stating that following HOK's presentation on the new Jail facility, several weeks ago, several questions came up as to what the County was going to do concerning the increasing inmate population for the next two to three years, while the new facility was being designed and constructed. He stated that staff made a visit to Orange County, toured the Genesis Project, and came away with a favorable response to it. It was questioned whether Lake County could duplicate, or at least use some of the favorable portions of said project, in its design. He stated that HOK and Barton-Malow worked on this problem and gave a presentation to the Jail Task Force Committee, on June 29, 1989. The idea was strongly received by said Committee, at which time a recommendation was made for them to make a presentation to the Board. He stated the purpose of said presentation was to show how Lake County could resolve their problem, by providing a fifth pod, or inmate housing unit. Said unit would be capable of housing 198 inmates and could be built, in part, within the present construction budget. The design and construction of said unit could be done within a twelve month period, therefore, could be in use approximately two years before completion of the main Jail facility. He then turned the floor over to Mr. McCabe (Barton-Malow) and Mr. Connelly (HOK).
Mr. Mike McCabe, Barton-Malow, and Mr. John Connelly, HOK, appeared before the Board to discuss the fast-track project for additional inmate housing and to answer any questions there might be from the Board.
Mr. McCabe stated that, periodically, the judiciary meets and releases certain inmates back onto the streets, due to the fact that the existing Jail experiences a condition of overcrowding on a daily basis. Another factor to consider is the need to house prisoners in other counties, due to overcrowding. He stated that, in going over the entire project, once there was a feeling for the size and actual location of the facility on the site, it became apparent that three (3) years (around Spring of 1992) for occupancy, on the main facility, was not going to be acceptable. It was questionable whether or not the existing Jail could, in fact, remain in its present condition for three more years. Due to these facts, they looked at fast-tracking a portion of the main facility, which was not feasible, due to the main facility being a stand alone project. HOK and Barton-Malow then started looking at a stand alone facility (of which floor plans of said concept was distributed to the Board prior to the meeting), which could be integrated into the main facility at some future date. He stated that it, primarily, could be funded through the existing budget.
Mr. Connelly appeared before the Board to discuss the basic concept, size, and location of the proposed fast-track project, stating that it would be a permanent free standing facility, which would look like the main Jail, in that it would utilize the same materials as the main Jail, and would receive food service and staffing from the main Jail. He stated that they (HOK and Barton-Malow) would recommend that it be located where the proposed fifth pod expansion was to be located, on Sinclair Avenue. It would be a three (3) dorm unit, with each dorm housing 64 inmates. It would have a public entrance at the south end of the building, with a small administrative section, and have an inmate entry coming off of the sallyport, which, at the completion of the main Jail, would connect into said facility, and allow it to be a component of the main Jail. He stated that there was a lot of flexibility in this unit for future use.
The Board questioned Mr. Bob McKee, Chief Deputy Clerk, as to what it presently costs the County to house inmates in other counties, to which Mr. McKee responded that it is presently costing between $20-25,000.00, per month, to house inmates in Marion County.
Discussion occurred regarding this aspect, at which time Commr. Gregg stated that what the County was getting, in effect, was the expansion up front, and getting it on a fast-track basis. By going to more direct supervision, for approximately 75% of the project, he stated that the County was able to save enough money ($2 million) to pay for said project up front.
A brief discussion occurred regarding the multi-purpose section of said facility and the fact of whether or not the overall cost of this facility would affect the cost of the main facility, which Commr. Gregg stated that it would not.
Mr. McCabe informed the Board that he would anticipate having said facility open by April of 1990.
Commr. Bakich questioned what the cost of said facility would be three years from now, considering inflation, which Mr. McCabe replied that there would be an approximate 15-20% increase in the cost of constructing said facility, at that time.
Mr. McKee noted that, as inmate populations continue to soar, the option of utilizing the facilities of sister counties may not be available in the future.
Mr. McCabe stated that, by having this facility on line when the new facility is completed, the Jail Administrator, Gary Borders, will have a trained staff ready to handle the new facility.
After further discussion regarding the facility, Commr. Gregg called for a motion.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board directed HOK and Barton-Malow to proceed with the concept for fast-tracking a portion of the main Jail facility, to be completed within the next twelve to thirteen months, to alleviate a present need for additional inmate housing, as outlined this date.
Mr. McCabe and Mr. Connelly were thanked for their presentation.
Commr. Gregg brought to the attention of the Board the fact that he had asked Mr. Bob Slavin, with the firm of Mercer/Slavin (chosen by the Board to locate a permanent County Manager, as well as a County Attorney), to be present this date in order for the Board to give him some direction as to the next steps they would like for him to take in the County Manager's search, as well as the search for County Attorney. He stated that it was his understanding that when the Board originally talked with Mr. Slavin, they instructed him to bring back to the Board three (3) to five (5) individuals to interview for the County Manager's position. He noted that Mr. Slavin is presently in the process of screening resumes which he has received and setting up said interviews.
A brief discussion occurred regarding this issue, at which time it was noted that Mr. Slavin was setting up said interviews to be held at a Special Board Meeting, on July 20, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room.
Commr. Bakich questioned Mr. Slavin as to where he presently was concerning a County Attorney, to which Mr. Slavin responded that he had tried to review resumes which he had received for the County Attorney position, however, had been unable to do so, thus far. He stated that he would, however, review them within the next few days.
Discussion continued regarding the issue, at which time Commr. Gregg stated that he felt at least one of the Board members should go to the town of the individual of their choice, and see how he is thought of in his community, before making a final decision.
No action was taken at this time.
RECESS & REASSEMBLY
At 11:lO a.m., the Vice-Chairman announced that the Board would take a five minute recess, due to the fact that the Chairman had briefly Left the Meeting Room.
COMMISSIONER'S BUSINESS (CONT'D.)
MUNICIPALITIES/ORDINANCES/ROADS-COUNTY & STATE
Commr. Swartz stated that he was concerned about the tremendous growth in Lake County, noting that the Board has begun to address this concern by instituting some of the studies that have been made available on impact fees, however, was concerned about the fact that the County has a countywide responsibility for those County arterials and collectors, as well as City roads that have been verified (based on road counts) as being collectors and arterials, noting that the County can spend highway impact fee money on those types of roads as well. He stated that his concern is the fact that the County has a countywide responsibility for transportation and highway improvements in Lake County, however, are not collecting highway impact fees in five of the County's municipalities, at present.
Commr. Swartz stated that when the new Commission came on board, they had staff go to all the cities in Lake County, and and try to update them on where the County presently is regarding this issue. He stated that he hoped some of those cities would re-evaluate the position they took, some years ago, in opting out of the County's highway impact fee program. He stated that he felt it was important for all the cities to share in the cost of road improvements which are going to have to be made. He stated that he had discussed this issue with the County Attorney, questioning whether the County needed to make any changes in the present ordinance, in order to require cities who have originally opted out to not be able to continue to collect impact fees for new growth in those cities. At that time, the County Attorney indicated that, technically, there was not a requirement - that the ordinance did not keep them from doing so, however, felt that it would be better to make it very clear, thus, changed the language of the ordinance to accomplish this.
Commr. Swartz also stated that he tried to analyze some figures, and in doing so, it appears that within those five cities, based on permits which were issued for new residential construction in 1988, the County would have collected over $200,000.00 - this does not include the commercial or industrial development which occurred, which it appears would have been an additional $100,000.00. After further discussion, he stated that he would like to withhold action, regarding the ordinance, until a report or draft is received from the consultants (possibly at the Eirst meeting in August). He noted too, that, if the Board is going to make a change in the opt out status, it could be handled at the same time.
Commr. Gregg stated that he served on the committee that wrote the ordinance for the impact fee, and when it was written, it was with the understanding that all the cities were automatically included, unless they opted out (which five cities chose to do). He stated that the County may legally have the right to force them in, however, reminded those present that when the new Board took office they made a decision that they were going to try and create a more cooperative spirit between the Board of County Commissioners and the Cities, and he, for one, was not in favor of forcing any of the cities into the program - that he felt they needed to be approached once again. He felt, however, that if the vote is to force the cities into opting in, then the Board needs to keep their budgets in mind and do it so that it coincides with their budget process and adoption of their new budget.
Commr. Windram and Commr. Bailey agreed with Commr. Gregg in that now is not the time to force the cities into opting in - that they should do so voluntarily.
Commr. Swartz questioned when the Board would be willing to look at approaching the cities, regarding the issue, to which Commr. Gregg replied at least one year from now, when all the new fees are developed. If the Board decides to force the issue upon the cities at that time, then all the new fees would be on line, and would allow the cities time to incorporate any effect this would have on their budget, into their budget. He stated that, when Hunter Services, Inc. has all the fees developed, that the Board should approach the cities at that time, and those fees which the Board chooses, along with any new fees, will have to be looked at on a one-to-one basis. Some of them may not impact the County system if they opt in or opt out. The Board may be able to direct the benefit.area so tight that they will only be affecting their own boundaries.
Commr. Swartz then stated that, at the time the impact fee ordinance was originated, there was no clear indication of whether or not the counties had the ability to collect those types of fees, on a countywide basis, in the cities, however, the recent decision indicates that, in some cases they do, and in addition, the Solid Waste Management Act from previous years indicates that the County has responsibilities on a countywide basis. He then questioned whether the County would not insist that the cities be involved in the countywide waste program, and if so, how would this be different from the highway impact fee program.
Commr. Gregg stated that, at the time the highway impact fee (which is presently on the books) was adopted, the law said otherwise, and it was under the impression of the Commission that adopted said ordinance that, at that time, the cities had the option to opt in or opt out.
Further discussion occurred regarding the issue, at which time Commr. Swartz stated that he would be willing to postpone any action concerning the impact fee issue until the report from Hunter Services, Inc. is available.
No action was taken at this time.
Commr. Gregg brought to the attention of the Board the fact that he had met with Mr. James C. Watkins, Clerk and Acting County Manager, concerning him staying on board as Acting County Manager until a permanent County Manager is hired. In going back and checking the original Board Minutes, where the Board agreed to fund Mr. Watkins' retirement, he found that Mr. Watkins actually took over the position of Acting County Manager on December 13, 1988, at $2,500.00 per month, to be paid into his retirement account, amounting to $17,500.00. He stated that the deadline date for absorbing the above stated amount will be July 14, 1989. He indicated that he had informed Mr. Watkins that he would recommend to the Board to start paying him, effective July 14, 1989, until such time as a new County Manager is hired, at the rate of $2,500.00 per month, with a stipulation that he would have time to spend with
the new County Manager, until he is terminated, acting in that position.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried, the Board approved the proposal as submitted by Commr. Gregg, as stated above.
Commr. Swartz voted "No".
RESOLUTIONS/ROADS-COUNTY & STATE
Commr. Gregg brought to the attention of the Board the fact that he had received a letter from the Urban Design Task Force of Orange County, concerning a resolution banning billboards on the proposed section of the beltway coming through Lake County, which he noted he had directed to Mr. John Swanson, Director of Planning and Development, as well as the Acting County Manager, Mr. James Watkins, for their comments. He stated that he felt it was a good idea and gave the County an opportunity to address the issue, up front, to where the County would not be affecting anyone's livelihood. He stated that the Board needs to seriously consider the recommendation made by Mr. Swanson, that Lake County be added to the body of said resolution and forward it to the Expressway Authority.
Commr. Bakich stated that he felt this would also be a good time to review the County's Sign Ordinance, as well.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously the Board approved a request to support a resolution passed by the Urban Design Task Force, banning billboards on the section of the beltway coming through Lake County, as well as approved the request that Lake County be added to the body of the resolution, as requested by Mr. John Swanson, Director of Planning and Development, and to review and come back to the Board with a recommendation concerning the County's Sign Ordinance.
Commr. Gregg brought to the attention of the Board the fact that he had received a letter from the Lake Community Action Agency, requesting a proclamation, from the Board, supporting the activities of said agency, to be presented at their annual Board of Directors Meeting.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized staff to draw up a proclamation, supporting the activities of the Lake Community Action Agency, to be presented at the Agency's annual Board of Directors Meeting, and authorized proper signatures on same.
Commr. Windram thanked the Board, not only for himself, but for all the other patients on the fifth floor of Halifax Hospital, as well as the employees, nurses, doctors and security people, who shared in the fruit basket which the Board had delivered to him in the hospital, while he was recuperating from his heart attack. He stated that it was beautifully done and very much appreciated.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:50 a.m., with the motion being made by Commr. Bakich, seconded by Commr. Bailey and carried unanimously.
C. W . "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK