The Property Appraisal Adjustment Board met on Tuesday, November 6, 1990, at 8:45 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; Don Bailey; and Richard Swartz. School Board members present were: Anna Cowin and Jerry Smith. Others present were: Annette Star Lustgarten, County Attorney; Ed Havill, Property Appraiser; and Toni M. Austin, Deputy Clerk.
HOMESTEAD EXEMPTIONS
Petition #1990-760 Roger Anderson
Mr. Havill informed the Board that the applicant filed late for homestead, with the homestead being denied by the Property Appraiser's Office.
Mrs. Edfreda Anderson appeared before the Board and stated that the property taxes were paid on February 13, 1990, for the property located on Orchid Street and on St. Andrews Street. At this time, she and her husband inquired about changing the homestead from the Orchid Street property to the property located on St. Andrews Street, and was told by an employee in the Property Appraiser's Office that it would automatically be transferred.
Mr. Havill discussed the issue and information provided by his office, and the tax bill notice that was sent to the applicant.
On a motion by Commr. Swartz, seconded by Ms. Cowin and carried unanimously, the Board approved the homestead exemption, based on the possibility that misinformation, for the filing of homestead, was given to the applicant.
Petition #1990-632 Arthur L. & Nancy S. Poe
Mr. Havill discussed this application, which was denied by the Property Appraiser, but was approved by the Property Appraisal Adjustment Board. Mr. Havill stated that, after researching his records, the applicants have two homesteads.
Ms. Debbie English, Property Appraiser's Office, appeared before the Board and stated that she contacted Nancy and Arthur Poe, who both declined to discuss the issue with the Property Appraiser's Office.
It was noted that the applicants were not present to discuss the issue with the Board.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead exemption.
PROPERTY ASSESSMENTS
Petition #1990-736 Dolly Young Garnto
Mr. Havill informed the Board that this case was continued, in order for his staff to review the appraisal made on this property. Mr. Havill stated that the property is zoned rural residential, with the only use being a site for a single-family residence. The property is located on the south side of Highway 441, with an abandoned railroad being between her property and Highway 441. The property has no access from the west bound traffic, and a small fifteen (15) foot strip of land for the east bound traffic, which was purchased from the Seaboard Coastline in the late 1930's. Due to the fact that there is very limited ingress and egress, and taking into consideration that the property has only three buildable acres, and that the zoning would have to be changed for any other use, the Property Appraiser feels that the fair market value would be between $135,000.00 and $150,000.00. Mr. Havill stated that a fair and just value would be $120,000.00, and in compliance with Florida Statute 193.011.
Ms. Dolly Garnto appeared before the Board and extended her appreciation to the Property Appraiser for reassessing the value on her property, and that she approved of the readjusted figure on her property of $120,000.00.
On a motion by Ms. Cowin, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the
Property Appraiser and approved the assessment in the amount of $120,000.00.
Petition #1990-739 Lady Lake, Inc.
Mr. Robbie Ross, Property Appraiser's Office, appeared before the Board to discuss the assessment. Mr. Ross stated that the property has 314 lots that have been developed, and 543 lots platted to be developed. Also there are 45 acres that are vacant and not platted. The developed lots are assessed at $2,500.00 per lot; the undeveloped platted lots are assessed at $1,250.00; and the vacant 45 acres are assesssed at $5,000.00 per acre. The total land value is assessed at $1,688,750.00. The improvements to the property, including structures, are assessed at $659,715.00. The overall total assessment is $2,348,465.00.
Mr. Ross discussed comparables, which included Blue Parrot Camping Park, which has a total of 450 rental lots; 338 developed lots, assessed at $3,000.00 per lot; 112 undeveloped lots assessed at $1,500.00 per lot. They also have 9.56 acres of land assessed at $22,800.00. Mr. Ross stated that he also considered Clerbrook RV Resort as a comparable, which has a total of 884 rental lots assessed at $3,250.00 per developed lot; $1,625.00 per undeveloped lot; and 208.63 acres of vacant land assessed at $7,384.00 per acre, which included a golf course and wetland. Mr. Ross stated that the assessment for Lady Lake, Inc., in the amount of $2,348,465.00, is fair and just.
Mr. Grant Gore and Mr. Glen Gore appeared before the Board to discuss the assessment on the property. Mr. Glen Gore stated that the actual cost of the development was $1,789,000.00. He stated that he has no problem with the assessment on the buildings, but that the 45 acres is only 27 acres, with the property being double assessed. Mr. Gore also stated that the vacant lots are assessed at $1,250.00 per lot (approximately 12 lots per acre), with the original purchase price being $4,000.00 per acre, and that he was being assessed $10,000.00 more per acre.
Mr. Glen Gore stated that the development has approximately 8% accupancy, with the gross receipts being $146,000.00 for the past twelve (12) months.
Mr. Grant Gore stated that he did not feel that this property could be compared to Blue Parrot, since they have 90% occupancy.
Mr. Ross stated that a problem exists when the State directs that the property be assessed at fair market value. He stated that the additional 18 acres would involve approximately a $90,000.00 reduction in the value of the land, which would lower the amount to $1,598,750.00.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to reduce the assessed value by $90,000.00.
On a motion by Commr. Swartz, seconded by Ms. Cowin and carried unanimously, the Board approved to lower the assessment to $2,258,465.00, based on the information provided by the Property Appraiser.
MINUTES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 25, 1990, as amended.
On a motion by Commr. Bailey, seconded by Dr. Smith and carried unanimously, the Board approved the Minutes of September 26, 1990, as presented.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried unanimously, the Board approved the Minutes of September 27, 1990, as amended.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 9:25 a.m.
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/11-6-90/BOARDMIN/11-6-90.PAB
The Lake County Board of County Commissioners met in regular session on Tuesday, November 6, 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 Sandra Carter, Deputy Clerk.
The Pledge of Allegiance was led by Commr. Windram.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 9, 1990 (Regular Meeting), as presented.
Regarding the Minutes of October 16, 1990 (Special Meeting), Commr. Swartz requested that Lines 26 and 27, on Page 14, regarding Rezoning Case No. 134-90-3, J. McCarthy & J. Hazel, be deleted from the Minutes, as he did not intend for said wording to be part of his motion.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 16, 1990, as corrected.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
COUNTY EMPLOYEES/PERSONNEL
Commr. Bakich made the following presentations:
Presentation of October "Employee of the Month" Plaque and Savings Bond to:
Connie L. Nicholson, Insurance Specialist, Risk Management, Administrative Services Department.
Presentation of Plaques for Five and Ten Years of Service to:
Five Years Service
Jim Patrick, Maintenance Worker I, Environmental Services
Edward L. Spann, District Fire Chief, Fire Service
Ten Years Service
Nicie A. Parks, Insurance Specialist, Administrative Services
Perry A. Peavy, Landfill Attendant I, Environmental Services
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 126839 through Warrant No. 127500, for the following accounts:
County Transportation Trust Landfills
Mt. Plymouth Fire District General Revenue
Mosquito Control Pasco Fire District
South Lake Fire District Countywide Fire District
Paisley Fire District Road Impact
Northwest Fire District Emergency 911 Fund
Bassville Fire District Capital Outlay
Commissary Trust Fund Private Industry Council
Aquatic Weed Revenue Sharing
Section 8 Animal Shelter Trust Fund
Countywide Library Capital Outlay
Northwest Ambulance Northeast Hospital
Northeast Ambulance Miscellaneous/Gas Fund
Bonds - Contractor
Request for approval of the following Contractor Bonds:
New
984-91 James C. Harris d/b/a Harris Oil & Air Cond., Inc.
1542-91 Chuck Welch (Residential Carpentry)
4108-91 Larry E. Helman, Sr. d/b/a Harden-West Electric, Inc.
4209-91 Tom Harrington d/b/a Tom Harrington Electric
4325-91 John M. Roberts (General)
4341-91 Ralph Carley d/b/a Ralph G. Carley (Aluminum Contractor)
4372-91 Control Engineering Group, Inc. (Electrical Contractor)
4526-91 Orvin L. Thompson (Concrete & Masonry)
4663-91 Bob's Concrete, Inc.
4699-91 Joseph Urban (Electrical Contractor)
4716-91 Coughlin Electric, Inc.
4735-91 Bruce J. Kantor d/b/a B.J.'s Aluminum
4814-91 Scott E. VanNuys (Plumbing Contractor)
4907-91 Ladis F. Pietros d/b/a Meadowbrook Plumbing
4908-91 Robert S. McCandless d/ba/ J & B Plumbing
4909-91 Juan Torres d/b/a Aarons Electric
4910-91 Chris E. Johnson (Swim Pool Repair)
4911-91 Ocean Breeze Construction Company, Inc. (Erosion Control)
Cancellations
3057-90 Chris Bahr d/ba/ Chris Bahr Plumbing
4741-90 Florence A. Lange d/ba/ Lange Custom Homes
4762-90 Dale Michael Rex
4710-90 John P. Garey/Air Conditioning World, Inc.
Accounts Allowed
Request for approval of Blanket Purchase Order, for postage for Lake County Mail Room, for period of November 1, 1990 through September 30, 1991. Maximum total of Blanket Purchase Order - $77,000.00.
Accounts Allowed/Budgets/Property Appraiser
Request for approval of Change Order to Purchase Order No. 63023, for Property Appraiser's 1990-91 Budget, to include commission fees for North Lake County Hospital District East, in the amount of $19,707.00.
Accounts Allowed/Resolutions/Sheriff's Department
Request for adoption of Resolution to receive unanticipated revenue, in the amount of $29,313.00, into the Law Enforcement Trust Fund.
Budgets/Property Appraiser
Request to acknowledge receipt of Statement of Revenues, Expenditures & Changes in Fund Balance - Budget & Actual, for FY 1989-90, for the Property Appraiser.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinances from the City of Leesburg, which were adopted at the October 22, 1990, Leesburg City Commission Meeting, as follows:
a. Ordinance No. 90-27, annexing certain property owned by the City of Leesburg, located approximately 450 feet north of the junction of U.S. Highway 27 and Picciola Road, which is contiguous to the City limits of the City of Leesburg.
b. Ordinance No. 90-28, annexing certain property owned by Zebulon Teeter and his wife, Louise Teeter, Ashford Concrete Real Estate Corporation, and Jeffrey A. Rix, located west of Executive Drive and approximately 1400 feet south of State Road 44, including Executive Drive, which is contiguous to the City limits of the City of Leesburg.
c. Ordinance No. 90-29, annexing certain property owned by Lawrence E. Taylor and Frances E. Taylor, his wife, located west of Mosswood Drive in Beverly Point Subdivision, which is contiguous to the City limits of the City of Leesburg.
Audits/Ambulances-Hospital Districts
Request to acknowledge receipt of the Final Audit Report from Greenlee, Kurras, Rice & Brown, P.A., for the Northwest Lake County Hospital Tax District, for the period of October 1, 1989, through April 15, 1990.
Budgets/Property Appraiser/Sheriff's Department/Tax Collector
Request to acknowledge receipt of Statement of Revenues, Expenditures & Changes in Fund Balance - Budget & Actual, for FY 1989-90, from the Property Appraiser, Sheriff, and Tax Collector.
CLERK
The Board acknowledged For Your Information Items, as listed
on the Clerk's Agenda.
CLERK'S OTHER BUSINESS
BUDGETS/CLERK
The Clerk stated he was giving back to the Board two checks - one in the amount of $342,426.00, and the other in the amount of $128,877.00. He stated the first one is the excess fees from the Clerk's Office which exceeds what they projected, by over $100,000.00, and the second is the unspent portion of the Clerk's budgeted funds. He suggested that a portion of said funds be used to help fund the Records Warehouse (which is on the Agenda under County Manager's Departmental Business).
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the two checks alluded to above, from the Clerk of the Circuit Court.
CONSTITUTIONAL OFFICERS' YEAR END REPORTS
BUDGETS/REPORTS/CLERK/SHERIFF'S DEPARTMENT/TAX COLLECTOR
PROPERTY APPRAISER
Ms. Eleanor Anderson, Director of Administrative Services-Budget, for the County, appeared before the Board stating that when she was hired, the Board did a mid-year adjustment to the Budget, and requested that she compile some data on revenue sources that the County had, which she did with the Constitutional Officers, noting that her office received $1,098,874.00 in excess fees from them, which is almost $100,000.00 more than what was projected ($1,002,000.00).
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board acknowledged receipt of the Year End Reports alluded to by Ms. Anderson, from the Clerk of the Circuit Court, Property Appraiser, Sheriff, and Tax Collector.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Gregg and
carried unanimously, the Board approved the following requests,
consisting of Tabs 3 through 29, with the exception of Tab 20:
County Employees/Personnel
Certificates for County employees with one and three years of service, and authorized proper signatures on same.
Accounts Allowed/Contracts, Leases & Agreements
Change Orders to the contracts with D. B. Young & Associates and Marion Service Roofing, in the amount of $1,215.00.
Accounts Allowed/Mosquito-Aquatic Plant Management
Request to purchase 2,000 gallons of Cythion Malathion 91% Technical Grade (Mosquito Adulticide), at a cost of $33,716.98 (sole source).
Accounts Allowed/Contracts, Leases & Agreements/Libraries
Grants
Library Services and Construction Act (LSCA) Grant Agreement, No. DLIS-90-I-02-F-07, Library Services through Technology, in the amount of $28,139.00, and authorized proper signatures on same.
Accounts Allowed/9-1-1
Request to encumber funds, in the amount of $31,860.00 (payable in 12 monthly payments of $2,655.00) to Sequent Computer Systems, Inc., for maintenance of the 9-1-1 computer system.
Accounts Allowed/Ambulances-Hospital Districts
Request for authorization to pay the monthly Medicaid Nursing Home bill, in the amount of $33,264.92, and the Medicaid Hospital bill, in the amount of $31,204.37. Medicaid bills for the month of September total $64,469.29.
Accounts Allowed/Grants/Public Health
Certification of Acceptance of the Anti-Drug Abuse Act grant award, in the amount of $115,370.00, and authorized proper signatures on same.
Planning & Development/Subdivisions
Request for preliminary approval of Palisades Country Club, Phase I, and construction plans (126 lot in District 3).
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, for maintenance, in the amount of $15,430.64, for Wolf Branch Village, Phase I.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, for performance, in the amount of $2,000.00, to complete sodding in Lake Susan Outlook Subdivision.
Accounts Allowed/Bonds/Planning & Development/Subdivisions
Request to release a maintenance bond, in the amount of $9,546.00, for Gatwick Subdivision.
Accounts Allowed/Planning & Development/Subdivisions
Request to release a maintenance bond, in the amount of $23,200.00, for The Vistas, Phase I.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $10,813.80, for maintenance, for Raintree Harbor Subdivision, Phase I.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $22,400.00, for maintenance, for Park Wood of Mt. Dora.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $5,000.00, for performance of a marked crossing, for Amberhill Subdivision.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $2,500.00, for performance, in Summit Chase Villas, Phase I, Amended.
Accounts Allowed/Planning & Development/Subdivisions
Request to release a Certificate of Deposit, in the amount of $6,000.00, for maintenance, for Sunset Hills Subdivision.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $2,380.00, for maintenance, for Jackson's River Country Estates.
Bonds - Mobile Home
Request for authorization to cancel mobile home bond for Dale Adams, Mt. Dora area, District 4.
Bonds - Mobile Home
Request for authorization to cancel mobile home bond for Richard Zaccaardo, South Clermont area, District 3.
Bonds - Mobile Home
Request for authorization to cancel mobile home bond for Darlene Davis, Clermont area, District 3.
Bonds - Mobile Home
Request for authorization to cancel mobile home bond for Harry Runkis, Pine Lakes area, District 5.
Bonds - Mobile Home
Request for authorization to cancel mobile home bond for Robert Cheney, Bassville Park area, District 1.
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final approval of Edge Hill Estates; acceptance of a maintenance bond, in the amount of $10,900.00; and acceptance of the following roads into the County maintenance system: Hutchinson Way (1-7714) and Sherydan Glenn (1-7814).
Public Works/Roads-County & State
Request to release the following Murphy Act State Road Reservations:
#2542 - Robert J. and Nancy A. Case - Mt. Plymouth, Section A
#147 - Reese, Bennett, Nave, Godbout, Thomas, Graumann, Dunne, Lackey - Northeast of Fruitland Park - Lake Idlewild Estates
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deed:
For Lot Approval
O. H. Roberts, III - Britt Road (4-4981)
ACCOUNTS ALLOWED/PUBLIC WORKS/SUBDIVISIONS
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried, the Board approved a request to release an Irrevocable Letter of Credit, in the amount of $8,000.00, for maintenance, for Quail Lake Subdivision.
Commr. Bailey declared a Conflict of Interest, as he owns said subdivision, and abstained from the discussion and vote.
REZONING
#126-90-3 VIOLA GUTHRIE A TO MP
Mr. Guthrie, Petitioner, appeared before the Board to further discuss this case, which was carried over from the Rezoning Meeting of September 18, 1990, concerning a request for rezoning from A (Agricultural) to LM (Light Manufacturing) or MP (Planned Industrial), for use as a storage yard and parking for recreational vehicles, as well as a request for approval of the preliminary site plan.
No one was present in opposition to this request.
A brief discussion occurred, at which time Mr. VanDeMeer answered questions presented by the Board.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request for rezoning from A (Agricultural) to MP (Planned Industrial), with the RV and boat storage listed as a use, and in addition, approved the uses listed under Item "E", under LM (Light Manufacturing), for use as a storage yard and parking for recreational vehicles.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
JAILS/REPORTS
Mr. Mike Anderson, Director of Capital Improvements, appeared before the Board and presented a film which showed the progress, to date, of the Prelude Project, as well as the Criminal Justice Facility.
Mr. Mike McCabe, Barton-Malow, appeared before the Board, distributed, and reviewed the Master Project Schedule, noting that his staff predicts occupancy of the Prelude Project by January of 1991, and occupancy of the Criminal Justice Facility by August of 1992. He stated they are presently one month ahead of schedule on the Prelude Project and approximately six weeks ahead of schedule on the Main Jail.
Mr. Anderson reappeared before the Board and reviewed several charts which had been distributed to the Board, prior to this meeting, pertaining to the Criminal Justice Facility.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the charts and Master Project Schedule alluded to above.
PUBLIC HEARING
BUILDING DEPARTMENT/ORDINANCES
Ms. Annette Star Lustgarten, County Attorney, explained changes which had been made to the proposed ordinance on construction and building codes before the Board and noted the Building Department had requested that the changes to the standard building code not go into effect until January 1, 1991, in order to enable them the opportunity of advising contractors in the County that said changes will be going into effect.
Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board and noted additions (which cover four areas) he would like to see added to the ordinance.
Ms. Lustgarten, County Attorney, suggested that the amendments which Mr. Strickland alluded to come back to the Board as a separate ordinance.
Ms. Jean Kaminski, Executive Director of the Home Builders Association of Lake County, appeared before the Board and noted some concerns which she had with the ordinance, being the addition of the National Fire Protection Association (NFPA), rather than the Standard Fire Prevention Code, as well as the adoption of Notice "J" amendments, in addition to the National Electrical Code.
Mr. Cal Jones, Chairman of the Board of Building Examiners, appeared before the Board stating that said committee had discussed primarily the adoption of the Provisions for workmanship, as well as adoption of the electrical codes, to allow some sort of reasonable time frame for notification of the contractors in the field to get them acclimated to the changes, which he noted the Committee had voted to put a time frame on for January 1, 1991. He stated the Committee did not have much discussion concerning fire protection.
Commr. Gregg stated he would like to see the recommended changes go before the Board of Examiners, for their review and recommendation, before this Board takes action on them.
Ms. Lustgarten, County Attorney, reviewed changes which were discussed, as follows:
Under Section 1, on Page 3, the current codes were updated, such as the Standard Building Code; the Standard Plumbing Code; the National Electrical Code, etc. She stated it was her understanding that the Board of Building Examiners had discussed these at some of their meetings.
On Page 3, Line 28, she suggested deleting the National Fire Protection Association and leaving the Standard Fire Prevention Code, so that the fire code is not being changed at all.
On Page 3, Line 33, she suggested leaving the Life Safety Code as it is and not including the National Fire Protection Association provisions.
Ms. Lustgarten stated all the other changes would go into effect, however, noted if there was some concern about the National Electric Code, on Line 20, on Page 3, she stated the Board could update it and not include the Notice "J" amendment, and bring it back later. She noted, again, that all said changes would become effective January 1, 1991, in order to provide for notice.
On Page 4, under Section 2, she stated it would just be a correction and would also become effective January 1, 1991.
On Page 4, Line 12, under Section 3, it deletes the Standard Mechanical Code and the Standard Fire Prevention Code, as it currently reads.
On Page 5, she suggested that the existing language remain as it is, without being struck through, and that insertion of (4) National Fire Protection Association be deleted from the ordinance and not be addressed. She noted that (5) would remain in the ordinance, as it is the language which expands the power of the Board of Building Examiners, and would become number (6).
On Page 6, Section 4, concerning language which addresses false advertising, would go into effect upon acknowledgment by the Secretary of State, as required by law.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance No. 1990-20, amending Chapter 6 of the Lake County Code, Building and Construction, as amended.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
BUDGETS/BUDGET TRANSFERS
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request for budget transfers and other matters, under Tab 31, Items 1 through 7, with the exception of Item 2 (which the County Attorney noted had to be
approved under a separate motion, due to the fact that it was a resolution), as follows:
Transportation Trust Fund, Public Works Department, from Contingency ($16,054.00) to Personal Services ($8,854.00) and Operating Supplies ($7,200.00).
Sales Tax Bond Construction Fund, Capital Improvements, Main Jail Project, from Capital - Buildings ($2,000,000.00) to Capital - Construction Materials ($2,000,000.00).
General Fund, Supervisor of Elections, from Personal Services ($15,000.00) to Operating Expenses ($15,000.00).
Sales Tax Bond Construction Fund, Capital Improvements, Main Jail Project, from Operating Expenses ($2,581,000.00) and from Capital - Buildings ($2,419,000.00) to Operating Expenses - Sub-Contractors ($5,000,000.00).
Sales Tax Bond Construction Fund, Capital Improvements, Main Jail Project, for FY 1989-90, from Operating Expenses ($980,520.00) and Capital ($96,706.00) to Operating Expenses ($1,077,226.00). (Includes $375,518.00 Landfill fees).
General Fund, Sheriff's Department, from Sheriff/Other Expenses ($33,000.00) to Sheriff/Investigations ($33,000.00).
ACCOUNTS ALLOWED/BUDGETS/OUTDOOR RECREATION/RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Gregg and
carried unanimously, the Board approved a resolution amending the
Transportation Trust Fund to increase the total budget by
$21,000.00, due to unanticipated revenue, in the form of grant
funds, to hire a Bicycle/Pedestrian Coordinator to administer the
Bicycle/Pedestrian Program for Lake County.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
TAX COLLECTOR
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a Lease Renewal for the Eustis Tag Agency, Lake Hills Plaza, Additional Space, at a cost in FY 1990-91 of $18,141.00 ($6,776.00 over budgeted amount).
BIDS/PURCHASING
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Bailey, seconded by Commr.Gregg and carried unanimously, the Board approved a request for authorization to reinstate John Deere Construction and Industrial Equipment on the County Bidder's List.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a GTE Sales and Installation Agreement, an Equipment Schedule and Warranty Statement, and authorization to encumber funds, in the amount of $13,354.95, to cover purchase of the Norstar Key Communication System.
WORKSHOP - UTILITY FRANCHISE ORDINANCE
ORDINANCES/UTILITIES
Mr. Al Thelen, County Manager, referred to a memo which had been distributed to the Board prior to this meeting, which stated that during the development of the 1990-91 budget, the Board of County Commissioners expressed a desire to explore revenue alternates to the property tax. The memo noted that two potential sources were identified during the budget process, being service fees and franchise fees. He then gave a summary of what the memo contained regarding same.
Mr. Richard David, Florida Power Corporation - St. Petersburg, appeared before the Board stating that Florida Power has 108 municipal franchise agreements, at present, and they do not want to jeopardize them. He noted they do not have any county franchises.
He also stated that cities have the authority vested in them from the State Constitutional process to grant utility franchise licenses, however, they feel that the County does not have such authority.
Ms. Lustgarten, County Attorney, responded, stating that the Constitution is very clear that the County's home rule power is quite broad and that the County clearly does have the power to enact ordinances that are not in conflict with existing general or special law, noting that she has not been able to find any special law or general law that the County would be in conflict with.
Mr. Lewis Stone, Sumter Electric, appeared before the Board stating that the County has some immunity and legislative abilities
that the electric supplier is not going to have, and that is a genuine concern they have. He stated if they are going to be collecting tens of millions of dollars, they need the assurance that the County has the specific authority to direct them to do so, and he is unaware of it, if the County does. He also addressed the matter of an administration fee for handling the collection of fees. He stated the electric suppliers will not let the County tell them how to run their businesses, where and how they locate their lines, and other things that are simply not within the province of the County. He also noted several reasons why they are not anxious to get involved in this matter.
Commr. Gregg questioned the possibility of the Board asking the Legislature for a special act to adopt the ordinance being discussed, between now and the next budget year, should they choose to do so, and seek a declaratory judgment as well, at which time discussion occurred regarding same.
Mr. Ed Bennett, Clay Electric Cooperative, appeared before the Board stating that he has a problem with the right-of-way aspect of the ordinance, as well as a concern that the ordinance does not include gas, oil or any other form of fuel, noting that he felt this may create some non-competitive edge, in the case where somebody uses gas or oil for heating their home and their next door neighbor has electric, therefore, is paying a larger percent of taxes.
Mr. Jim Williams, Finance Director for the City of Leesburg, appeared before the Board stating he had no major concerns, nor had a problem with collecting fees for the County, and is prepared to do so.
Commr. Bakich stated he felt the County needed to spend more time on this issue and get with the various utilities and find out what kind of fees they would want, be they administrative fees, offset fees, etc.
Mr. David reappeared before the Board stating he did not want it to appear that the electric suppliers were unwilling to
negotiate, they are just concerned as to whether they are able to negotiate, based on the County's authority. He pointed out the fact that, based on the style that Florida Power is familiar and comfortable with, it would generate approximately $800,000.00 per year, from their customers.
Commr. Gregg stated he felt acceptance of the franchise and adoption of the ordinance is going to complicate the issue, making it more complicated for the utility to try to charge and calculate the fee and make it tougher on the County to audit the fee. He stated the County is trying to attract industry and feels that adoption of this ordinance is going to hinder that, and would prefer to see them continue to be exempt, the way they are in the present contract, to which Commr. Windram agreed.
Commr. Gregg also stated he felt that, in utilizing the fees (if the County adopts this ordinance), they avoid a property tax increase, to which Commr. Bakich concurred.
Commr. Bakich directed the County Manager, Mr. Thelen, to get with representatives of the various electric companies and set up another meeting to further discuss the issue.
No action was taken at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
OUTDOOR RECREATION
Commr. Swartz explained this request.
The Board acknowledged the fact that the Florida Freewheelers, Inc., plan to conduct a bicycle ride in Lake County, on Sunday, November 18, 1990.
It was noted that no action was needed regarding this request - it was strictly a For Your Information item.
ACCOUNTS ALLOWED/CORRECTIONS DEPARTMENT
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved a request for authorization to purchase a Xerox 5052 copy machine for the Corrections Department, in the amount of $17,556.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COUNTY PROPERTY
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request to contract with Pieco Orlando, and to encumber funds for the removal of the above-ground and underground fuel storage tanks located on the Courts Building site (estimated cost - $18,604.00).
JAILS/RESOLUTIONS
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved and adopted a Resolution exempting Jail and Criminal Justice Facility materials purchases from Lake County's purchasing policy and procedures.
ACCOUNTS ALLOWED/JAILS
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request for authorization to cover an overpayment to P.O. No. 58578, Barton-Malow, for FY 1989-90, in the amount of $382,717.92, and a request to confirm a change order executed by Barton-Malow and staff in FY 1989-90, for a total change of $244,552.90.
ACCOUNTS ALLOWED/JAILS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request to encumber an additional $8,734.00 for the blanket purchase orders covering material purchases, construction management fees, and subcontractors for the Jail Project.
ACCOUNTS ALLOWED/MOSQUITO-AQUATIC PLANT MANAGEMENT
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request to proceed with the planning concept for a records storage facility, to be located
on the Mosquito Control property on Bloxham Avenue, in Tavares, for an estimated total cost of $400,000.00.
REPORTS/JAILS
The Board acknowledged the results of the Vanasse, Hangen, Brustlin Criminal Justice Traffic Study, noting that it was strictly a For Your Information item.
No action was needed.
ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request for authorization to purchase a mobile office, lab, and storage trailer, from Triple A Custom Builders, Inc., in the amount of $13,340.00.
COUNTY POLICY/ENVIRONMENTAL SERVICES
Commr. Gregg gave input regarding this request.
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved a request by Mr. Robert Huffstetler to amend the County Codes, to allow the preparation and submission of stormwater management system design plans by registered Landscape Architects, but to evaluate same at the end of one year, and directed drafting of the ordinance pertaining to same.
ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Don Findell, Director of Environmental Services, explained this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request for authorization to place a hold, until May 1, 1991, on approval of solid waste collection franchises to those businesses that are currently providing collection service in Lake County (with the exception of septic tank service franchises).
ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization
to award a bid to American Drilling, Inc., at an approximate cost of $13,282.50, for the installation of piezometers and the repair of monitoring wells at the Lady Lake Landfill, and a request for authorization to prepare and execute the contract and encumber the funds.
ACCOUNTS ALLOWED/BIDS/HEALTH DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board accepted and awarded the bid for construction of the Tavares Health Department Clinic to Scheveling Construction Company. (Scheveling's bid price of $331,466.00 is budgeted in the FY 1990-91 County Public Health Unit budget).
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
ROADS-COUNTY & STATE
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved an Interlocal Agreement between Lake County and the City of Mascotte, relating to the collection of impact fees.
ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request to award the tank removal, at Leesburg and Minneola, to GSX Tank Management/Laidlaw Environmental, at a cost of $9,120.00 for the tanks, and $45.00, per ton, for contaminated soil.
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved a request to award Project No. 1-91, Countywide Road Safety Program, to Highway Valet, Inc., at a cost of $176,140.00.
COUNTY ATTORNEY'S MATTERS
COUNTY ATTORNEY/ORDINANCES
Ms. Annette Star Lustgarten, County Attorney, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization to draft and advertise the required ordinance amending Ordinance No. 1990-9, relating to Late Night Businesses, Stores, or Operations, in order to meet State mandated requirements.
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that, regarding the Chavers vs. Lake County litigation suit challenging the zoning on Wolfbranch Road, the plaintiff filed a voluntary dismissal, with prejudice, with both parties assuming their own costs, therefore, said case is now closed.
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that, regarding the Theophilus vs. Lake County litigation case, the plaintiff now has new counsel, which she noted she had met with and agreed to a continuance of said litigation (assuming the Court approves it), therefore, has filed a motion for continuance. She noted the property owner has filed an application for rezoning on the property in question.
COUNTY ATTORNEY/ENVIRONMENTAL SERVICES
PLANNING & DEVELOPMENT/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that, in the Administrative Hearing regarding the Wekiva Land Use Plan Amendment, the County's motion to intervene has been granted, and she will be filing a motion to dismiss, this week.
COMMISSIONERS' BUSINESS
ACCOUNTS ALLOWED
Commr. Bakich brought this request to the attention of the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for ratification of the Board on financial items which needed to be paid, prior to this Board Meeting.
RESOLUTIONS
Commr. Bakich brought this request to the attention of the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution declaring their support for the American enlisted men and women, officers, reserves, volunteers, officials and citizens presently involved in the Middle East crisis.
MEETINGS/MUNICIPALITIES
Commr. Bakich brought to the attention of the Board a request to hold a Town Hall Meeting in the City of Eustis on November 27, 1990.
At this time, a request for a Town Hall Meeting in the City of Howey-in-the-Hills was also discussed.
It was the consensus of the Board to hold a Town Hall Meeting in the City of Eustis on November 27, 1990, from 7:00 to 9:00 p.m., and a Town Hall Meeting in the City of Howey-in-the-Hills on December 12, 1990.
Commr. Gregg stated that people do not seem to understand what the process of the Comprehensive Plan is, and requested that the legal ads advertising the meetings pertaining to the Plan contain simple English that the general public can easily understand, and that they encourage the public to attend, noting that the Plan is going to affect them, their property, and their lifestyles, therefore, they need to attend the meetings and get involved.
COMMISSIONERS/RESOLUTIONS
Commr. Gregg brought to the attention of the Board a request to consider a resolution limiting County Commissioners' terms in office, which he had suggested be set at two terms. He stated he would like to see the Board take a position on limiting terms at both the State and Federal levels, as well.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that she would like to add language amending the proposed
resolution, based on research that was done after the resolution was drafted. She then noted what language she would like to add.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved amendments to the resolution before them (limiting County Commissioners' terms in office to two four (4) year terms), as noted by the County Attorney, Ms. Lustgarten.
A brief discussion occurred concerning campaign contributions and the limiting of same.
A motion was made by Commr. Swartz and seconded by Commr. Windram to add language further amending the resolution by requesting the Legislature to also initiate changes to those chapters that would not require constitutional amendments, limiting contributions for County Commission candidates for countywide office to $250.00 and to $100.00 for candidates on less than a countywide basis. He stated the same thing would be true for contributions to political action committees that are supporting or opposing County Commission candidates.
The Chairman called for a vote on the motion, which failed, with Commrs. Gregg, Windram, Bailey, and Bakich voting "No".
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted the original resolution, limiting County Commissioners' terms in office to two four (4) year terms, as amended.
RECESS & REASSEMBLY
At 12:35 p.m., the Chairman, Commr. Bakich, stated the Board would recess for lunch and would reconvene at 2:00 p.m.
WORKSHOP - TRAFFIC CIRCULATION ELEMENT OF COMPREHENSIVE PLAN
PLANNING & DEVELOPMENT/ROADS-COUNTY & STATE
Mr. John Swanson, Director of Planning & Development, reviewed a memo which he had distributed prior to this portion of the meeting, updating the Board on the Comprehensive Plan. The memo indicated that staff has completed 9 of the 12 elements, and the remaining 3 elements are 80% complete.
Mr. Larry Kirch, Director of Planning, appeared before the Board and reviewed the Traffic Circulation Element of the Comprehensive Plan. He stated the two areas of most concern is Level of Service "B", on some of the County roads, and the standards for shoulders on roads. He stated that, when the Traffic Circulation Element was first drafted and went to the Sub-Committee, staff had recommended a series of roads that, because of their low volumes, felt should be at Level Service "B" (which were noted on a handout that Mr. Kirch distributed). He stated the Sub-Committee recommended to the Executive Committee that said roads stay at Level Service "B". He then reviewed a map which was on display, indicating what roads had been deleted by the Executive Committee, at which time discussion occurred regarding same.
Mr. Jim Stivender, Director of Public Works, appeared before the Board and also reviewed the map on display, indicating each road's width and at what level of service he felt each should be, based on the amount of traffic each road can handle, which he noted.
Mr. Dave Dunlap, Engineer, with the consulting firm of Vanasse, Hangen, Brustlin, appeared before the Board stating that he had been asked by staff to review the Traffic Circulation Element and stated the major point he wanted to make regarding Level Service "B" was that, the idea that it is used to represent a lesser design standard for certain roads is a wrong application. He stated Level Service "B" only allows 25% of a road's capacity to be used and Level Service "C" allows 60% of the road's capacity to be used. He then discussed the roads listed on the handout which was distributed by Mr. Kirch.
Mrs. Gena Swartz, Chairman of the Transportation Committee, appeared before the Board and stated that six of the roads listed on the handout from Mr. Kirch were designated Level Service "C", even though the Committee had recommended all the roads be Level Service "B". She stated the Committee did not look at the issue of what the total capacity of the roads were, they looked at the roads
as a level of service, being the uninterruption of traffic flow at an average speed. She stated they did not consider how many cars a road could handle, but how one travels a road, that determines the level of service.
Mr. Steve Richey, Attorney, appeared before the Board and addressed the matter of whether the roads being discussed should be at Level Service "B" or Level Service "C", stating that one would have to look at the land use potential, in relation to said roads, in order to determine which level of service they should be. He stated that none of the information contained in the Traffic Element documents the updates, based on what has been discovered in the last 120 days, as far as where actual developments are going to be taking place over the next couple of years, and suggested that this matter be looked at and incorporated into the classification of said roads.
Mr. Ed Bergman, a member of the Transportation Citizens Advisory Committee, appeared before the Board to inform them that said committee did not have an outpouring of community members that attended meetings and debated, noting that most of the discussion was among three members, being Mrs. Swartz, Ms. Eloise Fisher (who heads up the Rails-to-Trails Program), and himself. He stated he wanted the Board to know that the report out of the Transportation Committee was not a unanimous one - there were several tradeoffs.
Ms. Cecelia Bonifay, Attorney, appeared before the Board stating that she feels it is very difficult to deal with a Traffic Circulation Element or a Transportation Element without the Land Use Element. She stated, in most planning processes, one starts with what the land use is and then overlays the other elements over that, such as the traffic network, and then based on what the future land uses are, shows what the demand for transportation is and where the transportation corridors are going to be.
Mr. Greg Beliveau, Lake Land Planning Group, Inc., appeared before the Board stating that he was one of the minority members of the Executive Committee who argued the fact that some of the roads
were being changed from Level Service "B" to Level Service "C". He further discussed said matter.
Mr. Arturo Perez, one of the County's consultants, appeared before the Board (upon the request of Mr. Swanson) stating that there were two different matters being discussed, one being the level of service letter and the other being actual numbers, at which time he elaborated on the criteria for each.
Mr. Mark Knight, Planner, Planning Department, informed the Board that Policy 2-1.3, under Goals, Objectives & Policies, dictates that by 1993, Lake County shall develop level of service tables to fit the local dynamics of the County, rather than generalized levels of service tables, noting that the intent was to redo the Florida Department of Transportation tables by 1993.
Further discussion occurred regarding the matter, at which time several Commissioners, Mr. Dunlap, Mrs. Swartz, and Mr. Knight gave additional input.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved to keep all the roads listed on the handout from Mr. Kirch at Level Service "C".
Commr. Swartz voted "No".
WORKSHOP - CAPITAL IMPROVEMENTS ELEMENT OF COMPREHENSIVE PLAN
Mr. John Swanson, Director of Planning & Development, appeared before the Board and reviewed a handout he distributed to the Board indicating revisions which had been made to the Public Facilities Requirement Document of the Lake County Capital Improvements Element.
Mr. Randy Young and Ms. Cath Barrett, with Henderson, Young & Co., Inc., appeared before the Board to discuss two documents pertaining to the Capital Improvements Element of the Comprehensive Plan, being the Financial Capacity Analysis and the Public Facilities Requirement Document.
Mr. Young reviewed, in detail, the two documents alluded to above, at which time he answered questions presented by the Board.
The Board thanked Mr. Young and Ms. Barrett for one of the finest reports they had seen, in government, to date.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:15 p.m.
________________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
SEC/11-6-90/11-9-90.BCC