The Lake County Board of County Commissioners met in regular session on Tuesday, September 4, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
Discussion occurred regarding the Special Minutes of July 31, 1990, with the following corrections being made:
Page 6 - Line 23 - the name "Bailey" was changed to "Daly.
Page 6 - Line 29 - deleted the word "collection" and inserted "billing system".
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Special Minutes of
July 31, 1990, as corrected.
Discussion occurred regarding the Regular Minutes of August 7, 1990, with the following corrections being made:
Page 26 - Lines 27-28 - inserted "...possibility of a large portion of the general public...".
At this time, the Board postponed action on the Regular Minutes of August 7, 1990, and the Special Minutes of August 7, 1990.
COUNTY EMPLOYEES/PUBLIC WORKS/MOSQUITO-AQUATIC WEED
Commr. Bakich presented the August "Employee of the Month" plaque to Mr. Dale King, Maintenance Specialist II, Building Maintenance, Public Works, and plaques for Five Years of Service to Mr. Darrell Glenn Lane, Maintenance Worker I, Public Works, and to Mr. Jeffrey L. Maxwell, Mechanic II, Mosquito Control (who was not present).
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Request for payment of Warrant #124695 through Warrant #125052, for the following accounts:
Section 8 County Transportation Trust
Countywide Library Mt. Plymouth Fire District
General Revenue Mosquito Control
Landfills Fine & Forfeiture
Bassville Fire District Paisley Fire District
Countywide Fire District Private Industry Council
South Lake Fire District Emergency 911 Fund
Capital Outlay Northwest Fire District
Pasco Fire District Road Impact
Northeast Ambulance Northwest Ambulance
Northeast Hospital Miscellaneous/Gas Fund
Special Assessments Aquatic Weed
Request to approve to file and record the proof of publication for unclaimed monies deposited or collected by the Office of the Clerk, prior to January 1 of the preceding year, to be paid to the Fine and Forfeiture Fund on or before September 25 of each year.
Request to acknowledge receipt of the Report received from the State of Florida, Office of the Auditor General, on the operational performance audit of the Office of the Public Defender, Fifth Judicial Circuit, for the period of July 1, 1988 through June 30, 1989, and selected office actions taken through April 30, 1990.
Request to acknowledge receipt of the unclaimed excess proceeds due landowners on applications for tax deeds, pursuant to Section 197.473, Florida Statutes, causing a transfer of funds, in the amount of $19,764.78, from the Clerk's Account to the Board of County Commissioner's Account.
Accounts Allowed/Budget Transfers/Sheriff's Department
Acknowledge transfer of $20,000.00 from the Sheriff's Contingency, to be used in the Law Enforcement Operating budget.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
County Employees/Personnel Department
Request from the Personnel Division for approval and signature authorization on Certificates for employees with three years of service.
Request from the Personnel Division for approval and signature authorization on Certificates for employees with one year of
Request for acknowledgement and acceptance of the bonds for the six members of the North Lake County Hospital District Board of Trustees.
Planning & Development/Subdivisions
Request for preliminary approval of Cherish Hill Subdivision (18 lots in District 3).
Contracts, Leases & Agreements/Municipalities
Request for approval of an interlocal agreement with the City of Groveland relating to the collection of impact fees.
Request to accept a resolution to correct assessment number 78 of the Haines Creek Heights Special Assessment Roll.
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deeds:
Charlie Johnson Builder, Inc. - Marshall Street #5-7367
Louis Meucci - Lake Ella Road #1-6604
County Road Projects:
James J. Moore, Jr. and Susan Inez Moore - Florida Boys
Rubye W. Lewis - Florida Boys Ranch #2-0729
ACCOUNTS ALLOWED/RESOLUTIONS/SHERIFF'S DEPARTMENT
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for the adoption of a resolution to receive unanticipated revenue, in the amount of $25,237.00, into the Law Enforcement Trust Fund; and request for authorization for appropriation of $17,343.00, per Sheriff Knupp's request, in compliance with the provisions of Section 932.704, Florida Statutes.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/CLERK/BUDGETS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for acceptance
of the GTE Sales and Installation Agreement and Equipment Schedule and Warranty Statement for the purchase of multiplexer for connecting the Office of Management and Budget to the Clerk's Office computer system, at a cost of $5,593.80.
POLLUTION CONTROL/PLANNING & DEVELOPMENT/HEALTH & GENERAL
Ms. Annette Star Lustgarten, County Attorney, reviewed the resolution pertaining to the establishment of fees for the Pollution Control Division, Planning and Development Department and Health and General Services Department, to be effective October 1, 1990. Ms. Lustgarten informed the Board of the following corrections, prior to approval by the Board: Page 1, Section 2, Line 25, "Pollution Control Division and listed as proposed fees in Exhibit
"A".; Page 2, Line 3, "...Fairgrounds and listed as proposed fees in Exhibit C."
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution, as stated above, including the changes made by the County Attorney.
CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Al Thelen, County Manager, stated that, on August 21, 1990, staff was directed to correct the proposed wording in the contract and bring back to the Board of September 4, 1990. Staff has been meeting with HOK, but the contract has not been completed at this time. Mr. Thelen requested that this issue be postponed one week, with the Board being in agreement.
ACCOUNTS ALLOWED/BIDS/ENVIRONMENTAL SERVICES
Mr. Brad Bauserman, Recycling Coordinator, appeared before the Board to discuss the request to approve the bid by Peterson Outdoor Advertising for the preparation and placement of four billboards advertising recycling in Lake County for one year, in the amount of $1,000.00 per month, and approval for the Chairman to execute the services contract.
Commr. Swartz stated that he would be more comfortable using the funds in another area, such as recycling and literature
pertaining to recycling, and providing organizations and gatherings with the recycling videos for presentations. He suggested that staff reconsider the expenditure and explore something that relates more directly to the public. Commr. Bailey agreed with the aspect of more recycling.
Mr. Thelen stated that the County is committed to use a certain amount of the funds for educational purposes.
Commr. Bakich stated that he would like to see something more direct being done, such as providing literature and recycling videos to the schools, with Commr. Gregg stating that approximately 30% of the County's population does not have children.
Mr. Bauserman stated that the billboard suggestion was made by a local environmental group in Lake County. He stated that he is administratively tied to the office, and he is unable to provide the necessary public education needed from the program.
Commr. Swartz suggested that staff go back and review alternatives to be used to educate the public on recycling, and present recommendations at a later date.
It was the consensus of the Board to have staff come back with options to review.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the Operation Plan for Danis Industries' Construction and Demolition Debris Landfill has been prepared and reviewed by the Pollution Control staff and is recommended for Board approval.
Commr. Swartz questioned the future traffic impacts and improvements being needed in the future, with Mr. Jim Stivender, Director of Public Works, discussing this issue with the Board.
Commr. Swartz stated that would like to see the Plan be reviewed, if there are significantly different traffic impacts.
Mr. Richard Walker, Professional Engineering, appeared before the Board and stated that the Department of Transportation and County permits are based on estimated traffic count information supplied by Professional Engineering. Should those estimates
exceed those numbers, those permits can be revisited by either DOT or the County.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to approve the Plan, with the amendment to add language that would indicate that, should the traffic counts be reviewed by DOT or Lake County Public Works, and exceed the indicated numbers, the County will have the ability to review the permits, and perhaps require additional traffic improvements.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and discussed the criteria contained within the County MP ordinance.
The Chairman called for a vote on the motion, with the Plan being approved, as amended above.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to enter into a contract with the St. Johns River Water Management District and Contractor (Geonix/Martel) to digitize the existing (1990) land use in Lake County using the ARC/INFO software, at a cost of
CONTRACTS, LEASES & AGREEMENTS/GRANTS/OUTDOOR RECREATION
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board to discuss the request for approval of the Bicycle/Pedestrian Coordinator Program, the grant application, and a resolution for execution of a joint participation agreement with the Florida Department of Transportation. Mr. Pula stated that a few of the job duties of the Coordinator would include writing a comprehensive Bicycle/Pedestrian plan with a countywide Bicycle/Pedestrian system; promoting non-motorized transportation; working with Rails-to-Trails; and reducing non-motorized traffic accidents. These duties are to be accomplished through the use of education, engineering, enforcement, encouragement and implementa
tion programs. The Florida Department of Transportation (FDOT) hasindicated that funds are now available to Lake County, and will fund a salary of the coordinator, in the amount of $21,000.00, for 1990-91, upon receipt of the grant and approval and signing of a joint participation agreement. The position will be located in the Department of Public Works, Parks and Facility Division, with local funding using CTT funds to match the $21,000.00 funding by FDOT.
Commr. Bakich stated that he was concerned with the idea of needing a fulltime person to complete these duties, but feels that the program can be handled by the Lake County Parks and Recreation Department. He further stated concerns with the use of CTT funds, and the impact on the County budget, and questioned the expense.
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request. Mr. Stivender stated that Lake County did not take advantage of this grant application last year, because Lake County did not have Mr. Pula. The intention was to have the Coordinator for one year, for educational purposes, and, if the State did not fund the next year, the position would be terminated.
Commr. Windram stated that he was concerned with having to fund this position year after year, with the possibility of the grant running out, because of State shortfalls, and the County having to keep the individual on the County payroll.
Commr. Bailey stated that he was also concerned with the funding, and would not have a problem if this was a long-range plan.
Mr. Al Thelen, County Manager, stated that the Rails to Trails project is moving slowly, due to Mr. Pula's time being consumed by other duties.
Commr. Swartz stated that the gas tax monies are to be used for transportation related issues. He stated that alternative transportation routes should be considered, with safety being a legitimate reason to do so. He further stated that the State is
offering the County an opportunity to do this, and that the County should accept this offer. Ms. Eloise Fisher, Eustis, stated that Florida has the highest death rate on bicycles, and by developing bicycle corridors would give alternative transportation. Ms. Fisher discussed previous bicycle programs developed by the County, that a Coordinator could continue to work on. She further discussed the County assisting in the placement of a corridor from Winter Garden to Clermont, which is going to become an enormous transportation mode for the schools. Ms. Fisher stated that the project will directly help all of the people in Lake County.
Commr. Gregg stated that the program will cost taxdollars, and he felt that bicycling is more of a form of recreation, and not a means of transportation to and from work. He further stated that the Board needs to prioritize requests being made for funding.
Commr. Bailey made a motion, which was seconded by Commr. Swartz, for the Board to approve the request for the Bicycle/Pedestrian Coordinator Program, the grant application, and a resolution for execution of a joint participation agreement with the Florida Department of Transportation.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that Page 1, Section 2, lines 28-31 needed to be struck from the resolution. The Chairman will be executing the application.
The Chairman called for a vote on the motion, with the motion being carried.
Commrs. Windram and Bakich voted "no".
COUNTY ATTORNEY'S MATTERS
Ms. Annette Star Lustgarten, County Attorney, discussed the request for approval to pay Mr. Edward C. Sledge, of Piper & Marbury, $11,773.03, for professional services rendered from August, 1989 through the month of April, l991. Ms. Lustgarten stated that she has requested that they submit monthly bills in the future.
Commr. Gregg made a motion, which was seconded by Commr. Windram, to approve the payment to Mr. Edward C. Sledge, Piper & Marbury, in the amount of $11,773.03.
Ms. Lustgarten stated that Piper & Marbury is strictly doing work at the direction of the Board.
The Chairman called for a vote on the motion, which was carried.
Commr. Bailey was not present for the vote.
SUITS AFFECTING THE COUNTY/ZONING
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County will be going to trial next week on the Theophilus case, which involved a CUP for a pug mill that the prior Commission had denied. A settlement was never submitted to the County for consideration.
RECESS & REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would recess for five minutes, and reconvene at 10:00 a.m. for the public hearings on road closings.
PETITION NO. 613 - Robert K. Seidle - Clermont Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Petition No. 613, Robert K. Seidle, to vacate lot, Lake Louisa Oaks Subdivision, Clermont area, as advertised.
PETITION NO. 614 - William & Dorothy R. Broderson - Lady Lake
Ms. Debbie Stivender was present representing the petitioner.
No one appeared in opposition to the request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 614, William and Dorothy R. Broderson, to vacate easement, Orange Blossom Gardens, Lady Lake area, as advertised.
Ms. Eleanor Anderson, Executive Director of Management/Budget, appeared before the Board for a workshop on the budget, and made a preliminary presentation of the annual budget, which will be heard at a public hearing on Monday. Ms. Anderson stated that it will the intent of staff to have a handout that will be presented to the public, along with slides, which will project the pie charts contained within the tentative annual budget.
At this time, Ms. Anderson reviewed the contents of the tentative annual budget with the Board. She stated that, with all of the changes, Contingency was increased by approximately $250,000.00, which was more than the 5% done by resolution. She further stated that the Solid Waste Enterprise Fund has been balanced without increasing tipping fees by transferring $1,850,000.00 from the Sales Tax Infrastructure Fund.
Ms. Anderson went on to state that the total additional personnel approved full time was 32 positions, with 14 to begin October 1, 1990. She further discussed the Recreation budget, the 9-1-1 budget, and total capital equipment.
Commr. Swartz stated that some of those positions are General Fund ad valorem based positions, and requested a breakdown of these positions, in order to determine if they are impacting the property tax.
Ms. Anderson stated that a millage bar chart showing the last five years millage rates, and summaries of all the funds by revenue sources and appropriations are included in the tentative budget for review. She stated that there is no increase in the millage rate.
Commr. Swartz requested that staff provide a breakout of the constitutional officers in the appropriation information.
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to award and authorize Special Assessment Project No. SA-67, Mt. Plymouth II, at a cost of
$136,220.00, to Superior Asphalt Company, Inc., and to accept the resolution and assessment roll for the project (Commission
Ms. Lori Masselli appeared before the Board and stated that she lives on a corner lot, and questioned the assessment payment that will be determined on both roads.
Commr. Windram made a motion, which was seconded by Commr. Gregg, to approved SA-67, and to accept the resolution and assessment roll, as stated.
Ms. Annette Star Lustgarten, County Attorney, informed the Board of the corrections to be made on Pages 1 and 2, to include the names of the four streets listed in the special assessment.
At this time, Commr. Windram included the corrections in his motion, with Commr. Gregg including them in his second to the motion.
The Chairman called for a vote on the motion, which was carried unanimously.
Ms. Eleanor Anderson continued the workshop on the budget. She discussed Page 6 pertaining to Revenue, and Page 9 where the fees are broken down. Commr. Swartz stated that he would like to have this information in handout material.
Discussion occurred regarding the Property Appraiser's budget, and the reduction of all revenue by 5%.
Ms. Anderson stated that it was her understanding that the Board would like to have slides with pie charts and summaries, with more detail on constitutional officers and informational handouts with summaries.
ASSESSMENTS/ACCOUNTS ALLOWED/RESOLUTIONS (CONTINUED)
Mr. Jim Stivender, Director of Public Works, informed the Board that he talked to Mr. Thomas Carter, owner of lots 36-39 in the Special Assessment Project No. SA-67, mt. Plymouth II, who is in opposition to the project. Mr. Thomas stated that he is in favor of the road paving, but not at this time, due to his being
ill. Mr. Stivender stated that Public Works will be trying to work out a payment plan with Mr. Thomas.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that, at the July 31, 1990, meeting the Board requested that staff and consultants initiate work in three areas toward implementation of the Full-Services Solid Waste Collection Plan: (1) prepare an early implementation schedule for full-service collection; (2) prepare a draft "mandatory collection" ordinance; and (3) work with the existing waste haulers to delineate franchise areas.
Mr. Bob Hawfield, Camp, Dresser & McKee, appeared before the Board and discussed the schedule for the mandatory solid waste collection system using a non-ad valorem assessment, and the procedures to be followed to implement the system. He also discussed working with the haulers and maintaining their billing systems from now until the implementation of the system.
Ms. Annette Star Lustgarten, County Attorney, stated that the Property Appraiser sends out the trim notice, and the Tax Collector's Office sends out the tax bill.
Commr. Swartz stated that he was of the understanding that staff was to prepare an early implementation plan for going to the franchise areas, with the full-service collection to occur at the beginning of October, 1991, with Mr. Hawfield stating that this was his understanding.
Mr. Findell stated that the Board has two alternatives, one alternative being to proceed with the schedule, as outlined, to establish mandatory collection basically by October 1, 1991, with the second alternative being to establish mandatory collection sometime after the first of next year, and to accomplish that, the County would have to work with the existing haulers, within the existing franchise areas, to allow them to bill customers, with the County reimbursing the haulers as the revenues are received.
Mr. Thelen stated for clarification that, if the franchise ares are divided, the haulers will bill the customers they serve, and will also bill them for solid waste.
Commr. Swartz questioned whether the County is going to negotiate the arrangement with the haulers, or if the County will go through a bidding process. He stated that he understood that the County will be negotiating with the haulers for the franchise areas, which will prove to be a more workable situation, but would be more comfortable bidding the price, and limiting the bidding the price to Lake County haulers.
Commr. Gregg stated that the Board agreed to negotiate with those franchise haulers, but did not say we would bid it, with Commr. Bakich stating that his understanding of the last discussion on this issue was to protect the present haulers.
Commr. Swartz continued to discuss the bidding process and stated that he felt there will be benefits, and a reduction in costs, to the people in Lake County using this process. He stated that he did not feel that the best price for the people of Lake County can be established without bidding the price. He further stated that it was not his intention at the last discussion held on this issue to support a complete negotiation, but to give the County the ability to bid prices rather than strictly negotiate prices.
Commr. Gregg stated that, if this was something totally new to the County, he would have no problem with the bidding process, but felt that the intention of the Board was to protect the existing haulers, and not to put anyone out of business, who has had a viable operation in this County.
Mr. Findell stated that staff and CDM has met to negotiate with the five existing haulers to negotiate the franchise areas, and are in the process of establishing the market shares for each of the haulers. He proceeded to discuss the preliminary procedures that have taken place with the haulers. Hopefully the necessary
numbers will be in place at the end of the week, and preliminary negotiations can begin.
Commr. Bakich stated that it was the feeling of the Board that Mr. Findell and staff are proceeding in the direction that the Board expressed earlier, and at this time.
Ms. Annette Star Lustgarten, County Attorney, stated that the Board has a copy of the preliminary rough draft of the ordinance, which requires that all accumulation of solid waste be collected by either the County, or a franchise collector, and it does provide for exemptions.
Commr. Swartz discussed the definition of containers within the ordinance, and suggested that this be addressed for clarification. He suggested that staff consult with other areas that are using a mandatory collection, and see what type of containers are being used, and what types of problems are being encountered, if there are any.
Mr. Jim Miller, Tom Grizzard, Inc., appeared before the Board for a workshop on the land acquisition for the landfill. Mr. Miller presented a chart for the Board's review, which illustrates the area being negotiated for purchase by the County. At this time, he discussed negotiations made with for the Thompson property (931 acres), and the Bradshaw property (360 acres). Mr. Miller also discussed alternatives for more of a buffer around the site.
Discussion occurred regarding the County attempting to acquire an option on the property with the right to exercise the option once the County is able to permit the property for landfill purposes. Discussion continued regarding the option of condemnation, and taking the risk of not being able to permit the property for use as a landfill, because of the reluctance of the owners entering into a lease agreement, and not receiving their money for one year to eighteen months when the permitting is completed.
Commr. Swartz discussed an option of paying the property owners for a period of time, in order to obtain the necessary
testing, in order to determine if the property is permittable, with Mr. Miller stating that this is being done.
Commr. Gregg made a motion, which was seconded by Commr. Windram, to proceed with condemnation, and request Mr. Miller to continue negotiations with the property owners, as discussed above.
Ms. Annette Star Lustgarten, County Attorney, discussed the adoption of a resolution, with a deposit of funds into the courts registry, with the issue going before a jury trial. She stated that she would be seeking outside counsel for this specialized area of law. She further stated that the State Statute requires that the County pay both our fees, as well as the fees of the defendants, expert fees, and, if there are business damages, the County would be responsible for those, as well. The action of the Board would be to bring back the necessary resolution to be adopted, and authorizing the condemnation proceedings.
The Chairman called for a vote on the motion, to include the necessary resolution, as stated by the County Attorney, with the motion being carried unanimously.
RECESS & REASSEMBLY
The Chairman announced that the Board would recess for five minutes.
CONTRACTS, LEASES & AGREEMENTS/MENTAL HEALTH
Mr. Jack Hargrove, Lake-Sumter Mental Health, appeared before the Board to discuss the request from Lake-Sumter Mental Health Center to assign the Lake County lease with Lake-Sumter Mental Health Center to a local bank, in order that the bank can establish collateral value in the building constructed on the property.
Mr. Hargrove stated he has a proposal from Barnett Bank to refinane all of Lake-Sumter Mental Health's property, in essence of placing it into one mortgage, and then borrowing approximately $300,000.00 additional money. In looking at the collateral interest in all of the property, the Bank decided that the collateral is good, but it does not want any of the collateral interest in the property on Tally Road, which is financed through
Farmers Home Administration. The remaining property would be short of collateral to meet the bank's required ratio. The Bank would like the building and the Dixie Avenue property to support the loan, which would require, according to the lease, an assignment from the County for the lease to support the loan. Mr. Hargrove discussed other proposals from other banks.
Ms. Annette Star Lustgarten, County Attoney, stated that the lease needed to be reviewed, in order to determine the liability, if any, it may create for the County.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Lake-Sumter Mental Health Center, as stated above, subject to the County Attorney's review of the lease, the use of the collateral against the loan, and for the necessary documents to be brought back to the Chairman for signature.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the resolution supporting the "Disabled Student Awareness Day" on October 18, 1990, through the Lake-Sumter Community College.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:55 a.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK