The Lake County Board of County Commissioners met in regular session on Tuesday, March 17, 1992, 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; Richard Swartz; and Catherine Hanson. Commr. Bailey was not present for the morning session, due to minor surgery being performed. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Hanson.
MINUTES
Regarding the Minutes of January 28, 1992 (Special Meeting), the following changes were requested to be made:
On Page 2, Line 30, insert the words "all of" before the words "the 15,000 households".
On Page 12, Line 11, change Leesburg to Mt. Dora.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 28, 1992, as corrected.
CLERK'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 147748 through Warrant No. 148349, for the following accounts:
County Transportation Trust Animal Shelter Trust Fund
Law Library Builders Escrow
Law Enforcement Trust Fund Criminal Justice Trust Fund
County Fire Control Fund General Revenue
Landfills Aquatic Weed
Mosquito Control Resort & Development Fund Tax
Miscellaneous/Gas Fund Commissary Trust Fund
Capital Outlay Countywide Library
Private Industry Council Section 8
Northeast Ambulance Sales Tax
Revenue Sharing School Impact Fee Trust Fund
Emergency 911 Fund Road Impact
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Gregory B. Meahl, a child, and Margaret Meahl, in the amount of $50.00 - Case Nos. 91-1458; 1459; 1491 & 92-83-CJ.
Request for approval of Satisfaction of Judgment for Joseph M. Minero, a child, and Antoinette Minero, in the amount of $50.00 - Case No. 91-1159-CJ.
Request for approval of Satisfaction of Judgment for Raul Acevedo Montigo, a child, and Ramon Montigo and Gloria Montigo, Parents, in the amount of $55.48 - Case Nos. 89-447-CJ; 89-448-CJ; 89-454-CJ; and 89-553-CJ.
Accounts Allowed/Assessments/Subdivisions
Request for approval of Satisfaction of Assessment Liens for the following subdivisions:
Highland Lakes
Marshall H. Gaard, subject to an agreement $ 899.89
for deed in favor of Ruth E. Dewitt
Marshall H. Gaard 236.36
Marshall H. Gaard 253.79
Marshall H. Gaard 253.79
Marshall H. Gaard 253.79
Marshall H. Gaard 253.79
Marshall H. Gaard 253.79
Mt. Plymouth Subdivision
Bruce Houdek 772.41
Claude Gnann 572.02
Claude Gnann 574.20
Astor Forest Campsites
Sylvester & Theresa Anderson 1,171.35
William W. & Faye J. Taylor 1,480.14
Crescent View Development
William J. McFadden 2,375.68
Howard W. & Carol Scribner 2,604.30
First Street, Astor
Ronald M. Saul 3,100.66
Mt. Plymouth II
Dorothy Klein 1,853.64
Ocala Forest Campsites #4
Phyllis B. Mobley 2,566.03
John F. Miller 552.18
Jerome & Patricia J. Mallace 549.88
Crescent Cove
Andrew G. Ten Eyck & Loretta Ten Eyck 639.32
Daniel E. & Nancy T. Wertz 349.90
Hilltop Subdivision, Unit #3
The Washington & Jane Smith Home 1,467.14
Ocala Forest Campsites
George & Louise Brace 681.37
Astor Forest Campsites
Roy H. & Sandra L. Rogers 985.54
Hilltop Subdivision
Russell Stottler & Dorothy D. Stottler 750.02
Paigo, Inc., subject to an agreement for 915.57
deed in favor of Irmgard Sarantiero
Accounts Allowed/Reports
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending February 28, 1992, in the amount of $139,754.87. Same period last year: $136,407.62.
AUDITS/REPORTS
Mr. James C. Watkins, Clerk, informed the Board that he was extremely pleased with the Comprehensive Annual Financial Report (CAFR) this year and commended those individuals (whom he identified) that worked on the report for a job well done.
Mr. John Vodenicker, with the auditing firm of Ernst & Young, appeared before the Board stating that his staff had completed their audit for FY 1991 and that the Board had before them the CAFR, as well as a Financial Overview, for their review. He then read into the Minutes an excerpt (opinion paragraph) from a letter which had been submitted to the Board of County Commissioners from his firm stating their opinion of the CAFR. He stated that, from his firm's perspective, this year has probably been the best year, yet, for getting the audit done on a timely basis, noting that he felt everything went rather smoothly this year.
Mr. Vodenicker then reviewed, page by page, the Financial Overview (handout alluded to earlier) and answered questions pertaining to the CAFR and to the handout.
Mr. Jim Schuster, Finance Director, appeared before the Board stating that the CAFR is one of two major documents that is produced by the County, the other being the Operating Budget that is produced by the Office of Management and Budget. He introduced Ms. Sarah LaMarche, Assistant Finance Director and Chief Accountant (who assisted him in his presentation), stating that she had a major role in the compilation of the CAFR. He stated that it involves a two year process, at which time he described the various steps involved in the process. He then reviewed various overheads pertaining to the report, at which time he suggested that the Board go forward with the proposal to increase tipping fees and landfill mining, to bring in additional funds.
Mr. Schuster stated that a Certificate of Achievement for Excellence in Financial Reporting had been awarded to the Accounting Department staff, noting that it is the highest award that a governmental report can receive, which guarantees that the recipient is adhering to the highest standards of financial reporting. He stated (for informational purposes) that the County has a major project coming up for next fiscal year, being that all the Clerk's computer software is going to be changed out, which is going to be a major undertaking, and will have a major impact on the year-end closing, due to the fact that staff will be closing under conditions that they have not experienced before. He stated that he hoped the change will continue to improve the efficiency, quality, and quantity of information that is provided to the Board and thanked them for supporting the project.
Commr. Bakich stated that he has seen a great improvement in the reports since first being elected to the Board and commended everyone for their hard work.
No action was taken at this time.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Hanson requested that Tabs 3, 4, and 5, pertaining to Library Services Construction Act (LSCA) grant applications, be pulled from the County Manager's Consent Agenda and handled separately.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Administrative Services-Budget/Budgets/Budget Transfers
Request for transfer of funds to various departments and other budget related items, as follows:
Fund: Sales Tax Construction
Department: Capital Improvements
Division: Main Jail Project
From: Operating Expenses
To: Capital Outlay
Transfer No: 92-0094
Fund: Sales Tax Bond Construction
Department: Capital Improvements
Division: Main Jail Project
From: Operating Expenses
To: Capital Outlay
Transfer No: 92-0095
Department of Corrections/Laws & Legislation/Libraries
Contracts, Leases & Agreements
Request for approval of agreement with Mead Data Central, to provide inmate law library service, by utilizing a computer data base, and authorized proper signatures on same.
Planning & Development/Subdivisions
Request for preliminary plat approval of Carol Wood Subdivision. (14 lots in District 5)
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final plat approval of Garden City Subdivision, Phase IA; accepted an Irrevocable Letter of Credit, in the amount of $6,600.00, for performance of the water system; accepted a maintenance bond, in the amount of $7,000.00; and accepted Royal Palm Drive (2-1724) into the County Maintenance System, subject to review and approval by the County Attorney.
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following Non-Exclusive Easement Deeds:
For Large Lot Waiver
Giles Vanduyne - District 2
Accounts Allowed/Contracts, Leases & Agreements/Public Works
Roads-County & State
Request to execute an agreement with Traffic Control Devices, Inc., for quarterly traffic signal maintenance, and to encumber and expend funds, in an amount not to exceed $2,400.00 ($600.00 per month for 4 months).
Municipalities/Road Closings/Roads-County & State
Request to advertise Road Vacation Petition No. 677, by CBC Industries, Inc., to vacate road and lot, Mt. Plymouth, Section "A", Mt. Plymouth area, District 4.
Municipalities/Road Closings/Roads-County & State
Request to advertise Road Vacation Petition No. 678, by Bernadine Gibson and Marjory Biek, to vacate road, Groveland area, District 2.
Municipalities/Road Closings/Roads-County & State
Request to advertise Road Vacation Petition No. 679, by Michael H. Lait, to vacate right-of-way, Suburban Shores Replat, Clermont area, District 2.
Deeds/Roads-County & State
Request to accept the following Statutory Warranty Deed:
For Site Plan
Trustees of St. John Baptist Church of Montclair -
Veech Road (1-4604).
ACCOUNTS ALLOWED/DEPARTMENT OF CORRECTIONS/GRANTS
HEALTH & GENERAL SERVICES
Ms. Kathy McDonald, Interim Executive Director of Health & General Services, explained each of the following requests before they were approved.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Request for approval of Library Service Construction Act (LSCA) grant application entitled "LCLS Services to County Correctional Facility", in the amount of $56,404.00, and authorized proper signatures on same.
Request for approval of Library Services Construction Act (LSCA) grant application entitled "Finishing the Sets", in the amount of $18,500.00, and authorized proper signatures on same.
Request for approval of Library Services Construction Act (LSCA) grant application entitled "Recruiting for Literacy", in the amount of $20,119.00, and authorized proper signatures on same.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES-BUDGET/BUDGETS
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes, as follows:
(2) Award Bids and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Corrections Recommend that bid #
Infrastructure 054-200-092 be awarded
Sales Tax Bond to the following vendors
in the best interest of
Lake County and procuring
lowest qualified bidder.
(1) Justice Packaging Corp./
Sheets & pillow cases $ 6,250.00
(2) Bob Barker/ $ 3,395.00
700 pillows
(3) Robinson Textiles $ 27,499.75
Misc. and Inmate
Uniforms
Bid Total $ 31,519.75
(2) Admin. Svc. Eustis News/Tav. Citizen $ 15,824.00
O.M.B. Mt.Dora Topic/Low bid on
RFP #008-092 Delinquent
tax roll.
(3) Quotes:
All quotes or services from $1000 to $5999 require written
quotes (Department heads authorized up to $1,000 for
approval in accordance with current procedures adopted by the
board and authorized by County Manager).
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Capital More Than Verticals Inc./ $ 2,823.40
Improvements Vinyl mini blinds and
Infrastructure vertical blinds for office
Sales Tax Bond areas of main jail. Low Bid.
(2) Public Works Joelson Concrete Pipe/ $ 1,980.16
Road Operations Concrete pipe, o'rings
and lubricant. To be used
at Lk. Griffin Road
re-alignment.
(3) Public Works Harris Propane Gas/ $ 1,050.00
Build. Maint. RX200 Heating section
to restore heat to Annex
building.
(4) Health & General Florida Air-Gas/low bid $ 1,246.00
Svc./Fire Svc. Lincoln Weldan Power 150
AC welder/generator. To be
used on fire truck.
(4) Encumber Funds Previously Authorized:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Corrections Natl. Health Lab. Inc./ $ 1,361.75
Medical Laboratory services for
Inmates for Month of
January 1992.
(5) Approve Other Payments and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Public Works Johnstone Supply/(1) $ 3,943.00
Build. Maint. Robinair 2-piece
Refrigerant recovery & recycling unit, & (5) 50#
refillable tanks. To
comply with EPA deadline
July 1,1992.
(2) Capital Delta Business Sys./ $ 8,290.00
Improvements Canon Copier #4050
Infrastructure for administrative area
Sales Tax Const. in main jail. GSA pricing.
Bond
(3) Capital Change Order to increase $ 20,000.00
Improvements P.O. #70656 to cover cost Increased
Infrastructure of gas for construction. amount
Sales Tax Const. New P.O. total $25,000.00.
Bond
(6) Approve Services That Do Not Require Bids or
Quotes and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Administrative Arthur J. Gallager & Co. $ 18,782.00
Svc. Personnel/ Workers comp excess audit
Risk Mgmt. /receipt for 10-01-90 thru
10-01-91. National Union
Ins. Co.
(2) Corrections Dr. Richard T. Basshardt/ $ 1,548.00
Medical Inmate medical care.
(3) Corrections Dr. Ed Blanton/ $ 4,300.00
Medical Dental care for Inmate.
(4) Corrections Waterman Medical Center/ $ 1,474.74
Medical Inmate medical care.
(5) Corrections Dr. Eugene Glenn/ $ 2,680.00
Medical Inmate dental care
(6) Health & General Town of Lady Lake/ $ 1,800.00
Fire Svc. Blanket P.O. for fuel
for remainder of FY
1991-92. County has no
tank in this area for
bulk deliveries.
(7) Public Works Tuckers Mach. & Steel/ $ 1,456.18
Road Operations Repair parts for prop.
#1160-Boom Mower.
(8) Health & General Gear & Wheel Inc./ $ 1,221.62
Fire Svc. Hood clamp for prop.
#8834-1992 Progressive
Tank.
(7) Lease of Office Space and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) BCC Admin. Emery Dillard, Jr./ $ 3,133.74
Personnel/P.I.C. Lease of office space
205 N. Texas Ave.
April 1, 1992 through
June 30, 1992 at
$1,044.58 per month.
COUNTY EMPLOYEES/COUNTY POLICY/PERSONNEL
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Lake County Policy and Procedure System, as submitted by the County Manager, Mr. Wahl.
COUNTY EMPLOYEES/COUNTY POLICY
A motion was made by Commr. Hanson and seconded by Commr. Gregg to approve the Lake County Vehicle Policy, as submitted by the County Manager, Mr. Wahl.
Under discussion, Commr. Swartz questioned how the issue of vehicles that are not authorized for transportation to and from work, that are currently being used that way, is going to be handled, to which Mr. Wahl responded that he will deal with the matter administratively, noting that he has already had discussions with most of the individuals involved. He stated that, if one
takes a look at the present procedures, it restricts the use of vehicles being driven home to a very limited amount of employees, noting that, basically, it is meant for those individuals that are subject to be called out on an emergency, where a marked vehicle is needed, or where equipment that is carried in the County vehicle might be needed, which the employees cannot be expected to carry in their privately owned vehicles.
It was noted that those individuals that presently drive county vehicles to and from work, who will no longer be allowed to, will be given 30 days to make arrangements for their own transportation.
Commr. Swartz then questioned Mr. Wahl, County Manager, regarding employment contracts that were extended to various employees by the past County Manager, Mr. Al Thelen, that involve the use of a county vehicle, to which Mr. Wahl responded that he will be researching the matter and where he can find written evidence, will look at that individual's specific need for a county vehicle and try to work it out from that point.
Commr. Hanson questioned Mr. Wahl, County Manager, as to what the fiscal impact is expected to be regarding the reduction (estimated to be approximately 50%) in vehicles, to which Mr. Wahl responded that, until he gets the information back as to the number of vehicles that are to be parked, he cannot develop that impact, but felt that it would be substantial.
The Chairman called for a vote on the motion, which was carried unanimously.
COMMISSIONERS/MEETINGS
Mr. Pete Wahl, County Manager, explained this request.
It was the consensus of the Board that the new schedule was going to be very helpful to both staff and the Board.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the new Board Meeting Schedule and Calendar, as submitted by the County Manager, to be implemented the first meeting in May (May 5, 1992).
PUBLIC HEARING - ROAD VACATIONS
PETITION NO. 675 - HAROLD & CLARICE HENRY - SORRENTO AREA
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
No one was present in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved Road Vacation Petition
No. 675, for Harold and Clarice Henry, to vacate road right-of-way, Plat of Sorrento, Main Division, Sorrento area, District 4.
PETITION NO. 676 - DEPARTMENT OF NATURAL RESOURCES
SORRENTO AREA
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
No one was present in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved Road Vacation Petition
No. 676, for the Department of Natural Resources (TIITF), to vacate roads and plats, Sorrento area, District 4.
ENVIRONMENTAL SERVICES/LANDFILLS/RESOLUTIONS
Mr. Pete Wahl, County Manager, explained this request.
A brief discussion occurred regarding the request.
Commr. Swartz stated that he would not support this request (increasing tipping fees) but that he would support increasing the charges at the transfer stations, noting the reasons why.
Discussion continued, at which time Commrs. Bakich, Gregg and Hanson stated reasons why they would support the increase in fees.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved a resolution establishing fees for solid waste disposal, for the remainder of FY 1991-92.
Commr. Swartz voted "No".
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request for authorization to execute an agreement between Lake County and Robert L. Collins, Jr. and Cynthia Langlois, for a Non-Exclusive Easement on Peru Road
(5-7961). (District 5)
ACCOUNTS ALLOWED/OUTDOOR RECREATION
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
A brief discussion occurred regarding the request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request to award and authorize Project No. R-7, Singletary Park and Tavares Park Boat Docks, to Superior Asphalt Co., Inc., and to encumber and expend funds, in the amount of $70,882.10.
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
A brief discussion occurred regarding the request, at which time it was discussed whether or not staff should obtain pricing on a change order for widening, installing additional shoulder, and remarking the road in question, for safety purposes, due to the fact that said road is used extensively by bicyclists in the area.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to award and authorize Project No. 8-92, C-561A Widening and Resurfacing Lump Sum Construction Project, to Trac Roadbuilders, Inc., and to encumber and expend funds, in the amount of $267,780.88 (low bid), with the stipulation that a Change Order be brought back to the Board, at the meeting scheduled for April 7, 1992, for the Board's consideration. (District 2)
COUNTY POLICY/COUNTY PERSONNEL/PERSONNEL
Mr. Pete Wahl, County Manager, explained this request.
Mr. Bob Lapin, Total Quality Management, appeared before the Board and gave a presentation regarding total quality management -
how it came about and how it works - noting that total quality management is an organized way of assuring that things happen the way they are supposed to happen. He stated that there are three phases to implementing a total quality management program, which he discussed. He stated that he would be pleased to work with staff in implementing such a program and would like to hold a work session with the Board perhaps this summer.
It was the consensus of the Board that the best time to implement this program would be after the start of the new fiscal year.
No action was needed or taken at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request, noting that it will be expedited as a number one priority.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to award and authorize Project No. 10-92, Independence Boulevard (2-2323) and American Way (2-2325) Construction Lump Sum Project, to Trac Roadbuilders, Inc., and to encumber and expend funds, in the amount of $1,281,499.00 (low bid). (District 2)
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request to award and authorize Project No. 11-92, Main Street - Tavares - Widening and Resurfacing Lump Sum Project, to Art Walker Paving & Excavating Company, and to encumber and expend funds, in the amount of $114,997.48 (low bid). (District 3)
CONTRACTS, LEASES & AGREEMENTS//STATE AGENCIES
RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved an agreement between Lake County and Wal-Mart Stores, Inc., for dedication of right-of-way and easement, and for cost sharing in the construction of the Leesburg East/West Connector, and authorized proper signatures on same.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved an amended agreement between Lake County and Horne Properties, Inc., for dedication of right-of-way, for the Leesburg East/West Connector, and authorized proper signatures on same.
ROADS-COUNTY & STATE/STATE AGENCIES
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a Highway Safety Subgrant Application, as requested by Public Works, and authorized proper signatures on same.
COMMITTEES/OUTDOOR RECREATION
Mr. Chuck Pula, Parks & Facilities Division Director, explained this request, noting that Lake County Rails to Trails supports it. He suggested tying the Recreation Advisory Board in with the task force, noting that it is an excellent advisory board and feels that they can provide some very valuable input.
Commr. Bakich stated that he would like to see, as part of the funding mechanism, some type of user fee, noting that to expect the
taxpayers to fund it, on a regular basis, would be somewhat unjust. He requested the task force to look into the matter and come back to the Board with a recommendation regarding same, at a later date, to which Commr. Gregg concurred.
Ms. Eloise Fisher, Rails to Trails, appeared before the Board stating that she concurred with what Commr. Bakich suggested regarding a user fee, noting that she feels it is a very viable option. She also suggested that the task force be called the Lake County Trails Task Force, rather than the Lake County Rails to Trails Task Force, noting that she felt the task force should be working countywide, not just on a single project. She suggested several things that she feels should be goals of the task force.
It was noted that funding and the exact mapping of the trail are two issues that need to be addressed and should be accomplished by the task force.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board authorized the County Attorney's Office to draft a resolution establishing a Lake County Trails Task Force.
PUBLIC HEARING
ACCOUNTS ALLOWED/ASSESSMENTS/RESOLUTIONS/ROAD PROJECTS
Mr. Jim Stivender, Executive Director of Public Works, explained this request.
No one present wished to discuss this request with the Board.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request to award and authorize Project No. SA-73, Wayne Road Special Assessment Project, to Trac Roadbuilders, Inc., and to encumber and expend funds, in the amount of $30,296.84; and a request to adopt a resolution accepting the assessment roll.
SUPPLEMENTAL AGENDA
COMMISSIONERS' BUSINESS
COUNTY PROPERTY/OUTDOOR RECREATION/WATER AUTHORITY
Commr. Swartz explained this request.
Upon being questioned as to whether the homeowners in the area in question had been notified of this project, Mr. Chuck Pula, Parks & Facilities Division Director, appeared before the Board stating that it was his understanding that Mr. Jim Thomas, President of Johns Lake Improvement Association, had communicated with the homeowners in the area and had their support. He noted that Mr. Thomas also contacted the proper State officials and obtained their permission to do the project, as well.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a request from Johns Lake Improvement Association, for permission to conduct a demonstration aquascape project on County-owned property north of the public boat ramp on Lake Boulevard, on Johns Lake.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COUNTY EMPLOYEES/INSURANCE
Mr. Gerry Jacobs, Risk Manager, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request to continue with the present Group Life & Health Plan Benefits and Vendors for the Plan Year of 4-1-92 to 3-31-93.
COUNTY ATTORNEY'S MATTERS
CODE ENFORCEMENT/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, explained this request and distributed pictures taken by Mr. Leo Vaughn, Code Administrator, Code Enforcement Department, pertaining to the request.
A brief discussion occurred regarding the request and the numerous problems that the County has had over the years involving Mr. Butters (individual that suit is presently being filed against)
and various neighbors of his and what the County can or cannot do to forestall any future problems with Mr. Butters.
Ms. Lustgarten, County Attorney, responded to several issues that were discussed and as to what the County can legally do regarding them.
Mr. Carlton Kistner, a neighbor of Mr. Butters, appeared before the Board stating that he is one of the individuals being affected by the problem being discussed this date (post installed by Mr. Butters too close to the edge of a road which he dedicated to the public, causing a hazard to individuals traveling the road) and discussed other problems that he and other individuals in the area have had with Mr. Butters over the years.
A motion was made by Commr. Swartz and seconded by Commr. Gregg to authorize the County Attorney's Office, if necessary, to take appropriate court action against Mr. Edwin Butters, in order to gain removal of any obstacles causing a hazard to the public safety of individuals traveling down the road in question (publicly dedicated right-of-way).
Further discussion occurred regarding the matter.
The Chairman called for a vote on the motion, which was carried unanimously.
COMMISSIONERS
At this time, the Chairman, Commr. Bakich, turned the chairmanship over to the Vice Chairman, Commr. Gregg.
COUNTY PROPERTY/ORDINANCES/PLANNING & DEVELOPMENT/ZONING
Ms. Annette Star Lustgarten, County Attorney, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved an amendment to the Declaration of Restrictive Covenants to the Industrial Park.
Commr. Bakich was not present for the discussion or vote.
COMMISSIONERS
The Vice Chairman, Commr. Gregg, returned the chairmanship to the Chairman, Commr. Bakich.
OTHER BUSINESS
SIGNS
Mrs. Ray Dorman, the mother of a boy that had been killed by a hit and run driver and for whom a sign had been placed along Hwy. 441, in Tavares, asking people not to take drugs, drink or smoke, addressed the Board (from the audience) stating that she had been contacted by Code Enforcement and asked to take the sign down, as the time limit allowing the sign to be erected had run out. She requested approval by the Board to leave the sign up, due to the impact that it is felt the sign is having on individuals traveling the road and the impact it is having on the community.
Commr. Swartz suggested that the issue be placed on a future Board Agenda for further consideration.
No action was taken at this time.
RECESS & REASSEMBLY
At 11:25 a.m. the Chairman announced that the Board would take a five minute recess.
PLANNING & DEVELOPMENT/ENVIRONMENTAL SERVICES
LAWS & LEGISLATION
Mr. Jake Varn, with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in Tallahassee, Florida, representing the County in the pending administrative proceedings concerning the County's Comprehensive Plan, appeared before the Board stating that he was present this date to obtain authorization from the Board on two issues. One being that next month (April) there is an administrative hearing concerning the Department of Community Affairs' (DCA) determination that the Comprehensive Plan that the County adopted is not in compliance with Chapter 163 of the Florida Statutes and all the rules and regulations adopted pursuant thereto, and that his firm be authorized to request a continuance in the matter. Secondly, that his firm be authorized to submit to DCA maps and policies that his firm has drafted for the purpose of initiating negotiations with them to try to resolve this matter in a mutually acceptable manner. He stated that he felt the hearing
scheduled for next month would be totally unproductive, as the parties involved (in his opinion) are not prepared to go to hearing and secondly (in his opinion), feels that revisions need to be made in the County's Comprehensive Plan, to comply with Chapter 163 of the Florida Statutes and all the rules and regulations relating to it. He stated that all parties involved feel that it would be beneficial to begin some meaningful negotiations.
Mr. Varn reviewed the Comprehensive Plan Map (on display) with the Board and discussed, in detail, changes his staff had made to it, noting what net effect they feel said changes will have on the County. He stated that his staff has been working with county staff to develop the draft criteria, which will need to be transformed into policy language, and that they hope to get all said language finalized within the next week, with the help of staff. He stated that the language his staff has prepared is language that directly responds to the issues identified in the Statement of Intent that was transmitted to Commr. Bailey (when he was Chairman) on August 30, 1991, being (1) the plan had too much development; (2) it looked like development was going to occur throughout the County; and (3) DCA was concerned about protecting the County's natural resources. He stated that, in some instances, it was a matter of clarifying existing language, and in other instances, his staff had to develop new language. He stated that they have got to get the process started, and noted that DCA does not want anything less than a complete package submitted. He hopes that the package they have, for submittal, will allow both sides to claim victory.
Commr. Bakich stated that he feels this process lends itself to a win/win situation and is encouraged with the direction that the County is moving in. He requested staff to review the policies that Mr. Varn addressed and submit comments to the Board, which the Board will review and give direction to Mr. Varn regarding same.
Commr. Swartz stated that he could not support authorizing Mr. Varn to submit to DCA the document that was received by the Board and discussed this date, due to the fact that the recommended changes in the Policies and Goals and Objectives that are mentioned in the document in many ways have the same faults that the original document had, and provide inadequate criteria for measurement, which he noted. Secondly, he stated that there are no noted changes in the second half of the document. He requested that, from this point forward, any material that goes from Mr. Varn's firm to DCA or vice versa, be made available through the County Attorney's Office to the Board, as soon as possible. The County Attorney, Ms. Lustgarten, informed Commr. Swartz that the only correspondence received so far has been the pleading, which has been made available to the Board.
A motion was made by Commr. Gregg and seconded by Commr. Hanson to support the continuance and authorize Mr. Jake Varn, with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in Tallahassee, representing the County in the pending administrative proceedings concerning the County's Comprehensive Plan, to proceed with the negotiations with the Department of Community Affairs regarding the plan.
Discussion continued regarding the matter.
The Chairman called for a vote on the motion, which was carried.
Commr. Swartz voted "No".
COMMISSIONERS' BUSINESS (CONT'D.)
ACCOUNTS ALLOWED/BUDGETS
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved ratification of the Board on financial items which needed to be paid prior to this Board Meeting.
COMMITTEES/OUTDOOR RECREATION
Action regarding a request to appoint a District 2 representative to the Parks and Recreation Committee was postponed until the Board Meeting scheduled for April 7, 1992, due to the
fact that Commr. Bailey (District 2 commissioner) was not present at this meeting.
RESOLUTIONS
Commr. Hanson explained this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution designating March 21, 1992, as Kathy Casey Day in Lake County.
RESOLUTIONS
Commr. Hanson explained this request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a proclamation declaring April 1992 as Healthy Babies Month and Walk America Month (scheduled for Saturday, April 25, 1992) in Lake County.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request to set up a team of county commissioners, in the Courthouse, to raise money for the March of Dimes.
RECESS & REASSEMBLY
At 12:25 p.m. the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.
COMMISSIONERS
Commr. Bailey was present for the Zoning portion of the meeting.
ZONING
Mr. Greg Stubbs, Director of Current Planning, explained each of the zoning cases before they were heard.
PETITION NO. 175A-84-3 SIX MONTH REVIEW OF MP ORD. NO. 41-91 FLORIDA MINING & MATERIALS
Mr. Steve Richey, Attorney, representing the petitioner, appeared before the Board and requested a continuance of this case for six months to allow his client to have the opportunity to operate under the new conditions, noting that the economy has been such that the facility has not been operating over the past six months.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to postpone action regarding this case for an additional six (6) months, to allow the petitioner to utilize the approval that the Board had originally granted them, to see if it works, due to the fact that the plant has not been in operation since the Board granted said approval on August 20, 1991.
CUP NO. 92/1/1-2 CUP IN A DAVID MARSH, ET AL
Mr. Jim Barker, Director of Pollution Control, appeared before the Board stating that, at the Planning & Zoning Commission Meeting, staff was requested to meet with surrounding residents of the property in question, list their concerns, and incorporate conditions within the body of the CUP that would address those concerns. He stated that staff did so, after which they met with representatives from Florida Select Citrus and prepared the conditions that are presently in the CUP. He stated that said conditions are enforceable through the Code Enforcement Department, so staff can go back and look at operational details, as well as design details, noting that if they are not submitted, the County will have the ability to take some type of action, instead of coming back before the Board for a revocation of the whole CUP. He informed the Board of his findings concerning the Department of Environmental Regulations' involvement in this case. He stated that staff feels by working with the petitioner, they can make the CUP work, and requested approval of same, with the understanding that if they cannot make it work, staff will be back looking for either a revocation or a modification of the CUP. He then answered questions presented by the Board, regarding the case.
Mr. Frank Silva, representing several homeowners in the area of the property in question, appeared before the Board stating that they do not have any opposition to the request, but have a concern regarding the possible pollution of their private wells. He requested that their wells be monitored very closely, in particular his well and those wells that are in close proximity to the
sprayfield, and that a report be sent to them each time the wells are tested. He stated another concern is that of odor. He was pleased to hear that the buffer was going to be 12 feet high, noting that he had requested it be at least 10 feet high.
Mr. Leonard Baird, Attorney, representing the petitioner, was present in the audience to answer any questions the Board might have regarding the case.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a CUP in A (Agricultural), for the expansion of an existing sprayfield for Florida Select Citrus, in order to meet environmental requirements.
Mr. Greg Stubbs, Director of Current Planning, informed the Board that this request has to go before the Department of Community Affairs (DCA), for review, due to the fact that the property in question is in the Green Swamp Area of Critical State Concern.
Ms. Annette Star Lustgarten, County Attorney, noted that it will not be effective until DCA approves it.
PETITION NO. 10-92-3 A TO AR GERALD R. EULETT
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from A (Agricultural) to AR (Agricultural Residential), for development of single-family residences.
CUP NO. 89A/9/4-3 AMEND CUP NO. 89/9/4-3 IN A LLOYD & MARY LOU MACKEY
Ms. Mary Lou Mackey, petitioner, appeared before the Board stating that the recreation vehicle in question is not meant to be permanent - only temporary, at which time she answered questions presented by the Board regarding same.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Code only permits the use being discussed for one year.
A brief discussion occurred regarding the request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and approved a request to amend CUP No. 89/9/4-3 in A (Agricultural), to keep an existing 10' x 40' recreation vehicle on site for the care of the infirm, instead of the required 850 sq. ft. mobile home, for an additional six months.
PETITION NO. 12-92-2 C-1 TO CP WITH C-1 & C-2 USES
ROBERT N. GARDNER - GENERAL PARTNER OF CONDEV ASSOCIATION GENERAL PARTNER FOR CONDEV LAND FUND II LTD.
No one present wished to discuss this request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from C-1 to CP (Planned Commercial) with C-1 and C-2 uses, for future planned commercial/retail uses.
PETITION NO. 9-92-5 C-1 & RMRP TO CP
DeANZA NATIONAL MOBILE ESTATES
Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board stating that the piece of property in question is internal to the park and has not been developed, to date, at which time she noted the reason why. She stated that the 200' along the highway currently has a zoning of C-1, and this is in an urban expansion area, so commercial use would be consistent. She stated that her client did not have a problem with the RP zoning that Mr. Greg Stubbs, Director of Current Planning, recommended to the Board, as long as the life care and support are allowable uses under that classification.
A brief discussion occurred regarding the request.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the
Planning and Zoning Commission and approved a request for rezoning from C-1 (Rural or Tourist Commercial) & RMRP (Mobile Home Rental Park Residential) to C-1 (Rural or Tourist Commercial) on the front 445 feet of the property and RP (Residential/Professional) on the remaining portion, for professional offices for life care and support facilities.
PETITION NO. 11-92-5 RMRP TO AR MMI VENTURE
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RMRP (Mobile Home Rental Park Residential) to AR (Agricultural Residential), for residential development.
PETITION NO. 208B-88-2 WAIVER OF SECTION 696.13 (2)
WILLIAM & GRACE STOSBERG
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Zoning Code does not permit the Board to approve an extension for more than one year, at this time. She stated that the new Land Development Regulations (LDRs) are addressing the issue but, at this time, only a one year extension is permitted.
Ms. Cecelia Bonifay, Attorney, representing the petitioner, appeared before the Board stating that the Board has granted two PUDs for five year terms in the past, one for The Highlands and one for Sawgrass, so she failed to see the legal significance if the Board waived the requirement for two years and made it five years, why they cannot waive the requirement for one year and make it three, five, or one hundred years - whatever is their discretion. She stated the precedent that had already been set by the Board was the basis on which the Planning and Zoning Commission voted, unanimously, for approval. She stated that they felt five years was a legitimate request.
Ms. Lustgarten, County Attorney, responded to comments made by Ms. Bonifay, noting that each case that comes to the Board is treated on its own merits, and each one is a separate application. She stated that the LDRs, as proposed, are not going to permit a five year term on a PUD and that a three year term, with two one year options, has not yet been approved. She stated that the Board has the ability, when they are approving a PUD for the first time, to vary the conditions, but, as far as extensions are concerned, it only permits a one year extension.
A brief discussion occurred regarding the issue, at which time Ms. Bonifay stated that inherent in the PUD ordinance is the ability of the Board of County Commissioners, when they are fashioning the ordinance, to grant waivers of existing code requirements, and that is what makes a PUD different than a straight rezoning request. She stated that she could not understand why, when it comes to an extension, because the Code says one year, that that language cannot be varied or waived by the Board. She stated that the first extension that was granted to her client is going to expire on March 19, 1992, so her client needs to be granted a one year extension or, perhaps, some kind of multi-year extension.
Commr. Bailey suggested approving a one year extension and then, when the new LDRs go into effect, bring the issue back for a three year extension.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried, the Board overturned the recommendation of the Planning and Zoning Commission and approved an additional one year extension of approved preliminary PUD Ordinance No. 15-91, and that it be brought back after the LDRs go into effect, for review.
Commr. Swartz voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:00 p.m.
_______________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
SEC/3-17-92/3-30-92/BOARDMIN
The Lake County Board of County Commissioners met in special session on Tuesday, March 17, 1992, at 5:05 p.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 (arrived at 5:20 p.m.); Richard Swartz; and Catherine Hanson. Commr. Bailey was not present, due to minor surgery performed earlier in day. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.
The Chairman, Commr. Bakich, opened the meeting.
ORDINANCES/ROADS-COUNTY & STATE
Ms. Annette Star Lustgarten, County Attorney, informed the Board that this public hearing was the second and final hearing for adoption of the revised ordinance amending Chapter 17, Lake County Code, Article II, Road Impact Fees, that are in place, as of October 1, 1992, based on the annual update and the deletion of language that provides for a 30% increase in the fees for acquisition of right-of-way.
Mr. Jim Stivender, Executive Director of Public Works, informed the Board that he had not received any opposition from any of the cities, regarding this issue.
Mr. Howard Barry, a resident of Clermont, appeared before the Board and questioned what the actual impact is that the County is basing the fees on, to which Commr. Swartz responded, stating that the fees are based on trip generation rates for different categories of land use. He stated that that factor is then applied to the cost per mile to put down new roads, or to widen roads, and that is how the fee for each land use is determined.
Mr. Barry then questioned what percentage of the fee is relative to the actual cost, to which Commr. Swartz responded,
stating that the fee is set at 85% of the approximate cost, as determined in studies that were done. It was noted that the County could not charge a full 100%, due to the fact that they did not have any way of defending it.
Mr. Ross Buchanan, a resident of Altoona, appeared before the Board and questioned what the road impact fees are spent on, to which Mr. Stivender, Executive Director of Public Works, responded, stating that they are used for constructing new roads, widening roads, intersections, signalization, etc.
Ms. Jean Kaminski, Executive Director of the Homebuilders' Association, appeared before the Board stating that it amounts to almost a double taxation, in asking for land and a 30% increase, therefore, urged the Board to adopt the amended ordinance before them this date.
Commr. Swartz stated that he has not changed his position in this matter, from the time that he originally pushed to have the right-of-way acquisition portion included in the highway impact fees, noting that it is not the nightmare that has been indicated in Lake County. He stated the County needs to stand by the process that says if a development has an impact on a road, they are going to have to dedicate the necessary right-of-way for a standard right-of-way width, just the same as they would have to do if a traffic signal was being installed at an intersection near a development. He stated that a developer would not receive a credit on their impact fees today, nor should they in the future, and the County should stand by that decision. He feels that the County is taking a large step backwards by approving this amended ordinance deleting the 30% increase in fees. He stated that, if the County does not collect the 30%, it will mean that when the County does have to buy additional right-of-way to get around municipalities, those funds will have to come from either highway impact fees, thus reducing the money that is available to actually put in improvements, or from gas tax funds, which takes money away from
resurfacing projects and other projects that the County has to do. He stated that he will vote against the revision of this ordinance.
Commr. Gregg stated he did not support the 30% allocation in the beginning and still does not support it.
Commr. Hanson stated she is in favor of amending the ordinance due to problems it has caused the Public Works Department.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved Ordinance No. 1992-4, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA, AMENDING CHAPTER 17, LAKE COUNTY
CODE, ARTICLE II, ROAD IMPACT FEES; PROVIDING FOR
AMENDMENT TO SECTION 17-26, COMPUTATION, TO DELETE THE
OCTOBER 1, 1991 THIRTY PERCENT (30%) INCREASE FOR
RIGHT-OF WAY ACQUISITION; PROVIDING FOR A REFUND OF
RIGHT-OF-WAY ACQUISITION IMPACT FEES COLLECTED FROM
OCTOBER 1, 1991 THROUGH THE EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING FOR AMENDMENT TO SECTION
17-26, COMPUTATION, TO REFLECT THE CURRENT FEES THAT
WENT INTO EFFECT ON OCTOBER 1, 1991, BASED UPON THE
FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION
INDEX; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Commr. Swartz voted "No".
MUNICIPALITIES/ORDINANCES/ROADS-COUNTY & STATE
Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board stating that he, Commr. Bakich, the County Manager, Mr. Wahl, and the County Attorney, Ms. Lustgarten, had met with representatives from the Town of Lady Lake and presented them with the draft ordinance that is before the Board this date. He stated the issue they had with the County was that of a credit for commercial sites within the boundaries of the city. He stated it was agreed that all residential road impact fees would be collected; however, it was never agreed on which way to go with it, thus, the reason for bringing it before the Board. He stated that he had notified all the other cities of concerns which staff had, as well as notified them of the meeting this date and that he had received responses from three of the cities, Leesburg, Fruitland Park and Eustis.
Mr. Rex Taylor, City Manager, City of Leesburg, expressed an interest in having Lake County deal with Marion and Sumter
counties, in some way to protect Lake County from the offset of impact fees in those counties. He stated that Mr. Bob Proctor, City Manager, City of Fruitland Park, stated he did not have a problem with anything that was in the ordinance except for the fact that there was no mention of the credit system alluded to earlier. He stated a letter was received from the City of Eustis expressing concern about Lady Lake not being in the program from day one and the amount of money that could have been collected had they been in the program.
Ms. Lustgarten, County Attorney, summarized what was in the draft before the Board this date, noting that it was a result of discussions that were held and an attempt to put on paper things that were agreed upon or issues that were addressed. She stated the intent is to bring the cities into the decision making process and to allocate funds to particular cities for projects that are determined to benefit that particular city.
Mr. John Lynch, Town Manager, Town of Lady Lake, appeared before the Board and thanked the Chairman, Commr. Bakich, for his cooperation over the past few months and staff for their efforts in trying to come to an amicable resolution of this issue, at which time he noted what has transpired up to this point. He stated that representatives from the Town of Lady Lake and the County have discussed a wide range of issues relative to impact fees; however, noted that there is no mention in the ordinance about the credit system. He stated the credit system is something that is very important to the Town of Lady Lake, noting the reason why it is. He stated that what has been a hypothetical problem for the Town of Lady Lake is now a reality, which is that they share their commercial district with Sumter County, at which time he noted problems associated with this fact. He stated that most of the larger cities within the County had a commercial district in place before the imposition of the County Road Impact Fee Program, noting that this is something that the Town of Lady Lake did not enjoy and was looking forward to enjoying and sees the imposition of the fee
structure as an impediment to that process. He stated the problem is the fact that Sumter County, who has no impact fee, and Marion County, who has an impact fee that is lower than Lake County, are unfair competition.
Commr. Gregg stated that the impact fee is based on everybody paying their true impact of the system and if the County grants an exemption, no matter how justified or warranted, it throws askew the system. He stated that, if the Board grants the Town of Lady Lake an exemption, the rest of the cities that have a relatively small but growing commercial area are going to be before the Board asking for a similar exemption.
Mr. Lynch stated that the dilemma for the Town of Lady Lake is not that it is just unfair competition for them, but that it is an economic development issue as much as it is a road issue, as far as they are concerned.
Further discussion occurred, at which time Commr. Swartz stated that the impact fee is designed so that the impact that occurs is going to be paid for wherever it occurs. He stated that if the economic development issue is the important factor that the Town of Lady Lake feels it is, then he would support a situation whereby they can choose to waive the fee and make up the difference in payments to the County out of any of the funds that they have, to supplement the growth of the commercial area alluded to earlier, which he noted will not require the County to make an amendment to the impact fee ordinance.
Commr. Gregg questioned whether this County could create a special commercial district and collect revenue over a period of time, in increments, rather than up front, to which Ms. Lustgarten, County Attorney, responded that the County cannot create an MSBU in the Town of Lady Lake, due to the fact that it is not in the County's jurisdiction; however, the Town of Lady Lake can do it.
Additional discussion occurred, at which time Commr. Swartz stated that he would not support a waiver of impact fees for commercial development in the Town of Lady Lake as it has been
conveyed to him, and as he understands it at this time, noting the reason why. He discussed the fact that the Town of Lady Lake has had a substantial amount of growth, however, noted that all the other cities in the County have too.
Commr. Bakich stated that he, too, had a problem with just giving the Town of Lady Lake a blanket exemption when there are cities that have been paying it all along, but would be willing to work with the Town of Lady Lake in trying to come up with a solution, to which Commr. Hanson concurred.
Mr. Lynch stated that he feels the Town of Lady Lake and the County will be losers when the revenue goes into Sumter County, due to the fact that it does not charge impact fees, therefore, feels that it is an economic issue and not a road issue, but, noted that he would be glad to continue to work with the County Manager and the Chairman. He stated that although the proposed ordinance before the Board this date is a draft, reiterated the fact that one of the most important issues that the Town of Lady Lake and the County has discussed concerning credits is not contained in the ordinance. He stated that when he questioned why it was not in the ordinance, he was told that the parties involved had not come to an agreement. He stated the way that the issue was presented to the Town of Lady Lake is that it would be presented to the Board as a joint proposal and, in the end, the Board and the Town of Lady Lake would meet again in a final joint meeting and decide whether or not it was acceptable to the Board, or whether they should go to the next step under Chapter 164 of the Florida Statutes. He stated it was their understanding all along that they would be working towards an amicable agreement that would end up in an ordinance change.
Commr. Gregg stated that he could go along with setting up a special taxing district, however, had a problem with just allowing an exemption for commercial, due to legal implications.
Commr. Bakich suggested meeting a few more times over the next 30 days and then bring the matter back to the Board the third meeting in April to try to resolve it.
Commr. Swartz questioned, for clarification purposes, whether he understood correctly that the Town of Lady Lake did not agree with the ordinance before the Board this date, to which Mr. Lynch, Town Manager, Town of Lady Lake, stated that this was correct. He stated there were parts of it that they agreed with, but did not agree with the totality of it.
Ms. Lustgarten, County Attorney, interjected that the draft ordinance before the Board this date reflects some of the issues that it was felt all involved had reached an agreement on, noting that they had never reached an agreement on the issue of credits, and that they had expected written comments from the Town of Lady Lake on the issue.
Commr. Swartz stated that it would be helpful, before the Board and representatives from the Town of Lady Lake meet again, if the Town of Lady Lake would comment on the ordinance or put together, as quickly as possible, specific changes (with strike throughs and underlines) to the existing ordinance that they feel are absolutely essential to satisfy concerns that they have, and then meet again, in approximately 30 days, and try to resolve the issue.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:15 p.m.
__________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
SEC/3-17-92/4-6-92/BOARDMIN
The Lake County Board of County Commissioners met in special session on Tuesday, March 17, 1992, at 6:20 p.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; Richard Swartz; and Catherine Hanson. Commr. Bailey was not present due to minor surgery performed earlier in the day. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; Sandra Carter, Deputy Clerk; City Officials from the City of Fruitland Park; and Ms. Jerri Blair and Mr. Gary Cooney, Attorneys for the City of Fruitland Park.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES
ENVIRONMENTAL SERVICES/SUITS AFFECTING THE COUNTY
The Chairman, Commr. Bakich, opened the meeting.
Mr. Gary Cooney, Attorney for the City of Fruitland Park, stated that the meeting this date was for the purpose of discussing the solid waste tipping fee inequity and the disparity in tipping fees at the incinerator, which range from $20.00 to $40.00 per ton. He stated that what they would like to see come out of this meeting today, or a series of meetings if that is what it takes, is an agreement between the Board and the City of Fruitland Park that there was a past inequity and that there will be a future inequity if they do not take any action; that they will agree to jointly develop a percentage for a formula to calculate the percentage of the inequity; and that they will institute mandatory collection and mandatory assessment and direct the County Attorney, Ms. Lustgarten, to draft and submit to the Board those ordinances and adopt them as soon as possible; that they follow through with the collection process this year, so that they can enact it in 1993; that they calculate past overcharges at the incinerator and give
some method for receiving credit or a refund for them; and, regardless of how the fee comes out, that they set a fee to make sure that the system does not go down.
Ms. Lustgarten, County Attorney, upon being questioned about whether the Board has to follow certain guidelines, stated that the Board has already taken the statutory steps that are necessary to initiate the issue of non-ad valorem assessments, should they choose to go forward with it. She stated, however, that other options are available, which she noted.
Commr. Swartz commented regarding the fact that city officials do not have confidence that the Board is going to enact the necessary ordinances or assessments to remove the issue of inequity that exists between those residents that have collection versus those that do not. He stated that the Board needs to (1) arrive at a situation where there is no inequity, which requires action by the Board and (2) that he would assume the people of the County want the lowest cost for disposal that the County can reasonably get, which is what this Board is trying to do. He stated that they need to separate the concept of mandatory collection from assessment, noting that there is no requirement in the interlocal agreement that they signed or anything else that requires the County to do both - it says that they will do one or the other. He stated that if they can come out of these negotiations with anything that provides some relief to the taxpayers of Lake County for disposal of solid waste, that he will vote for an assessment for solid waste disposal in the unincorporated area. He stated that he does not see any other way of doing it.
It was noted that Commr. Swartz intended for his suggestion to pertain to solid waste disposal and recycling only - not to collection.
Commr. Bakich stated that he has always supported mandatory collection and feels that the County is trying to put in place a mechanism whereby it will build a foundation for a better solid waste system in Lake County, at a lower fee than what the Board was
going to approve at the meeting that was held at the Agricultural Center on July 11, 1991.
A brief discussion occurred regarding the hours of operation of the transfer stations in the County and the fact that they are not open during hours that are reasonable for working people, to
which Commr. Swartz responded that in the proposal he is going to make there will be enough funding to allow the transfer stations to be open during reasonable hours.
Further discussion occurred regarding the mandatory collection issue, at which time Commr. Gregg stated, as he has stated before, that the cities were going to poll the various members and decide whether or not they were going to charge on a per household basis, and that the Board has yet to receive an answer. He stated they are all of the opinion that the disposal inequity issue has to be addressed, but he has a problem with trying to do door-to-door collection in some of the unincorporated areas of the County, however, feels that the County does have to provide some kind of convenient hours for the transfer stations, to enable people to use them. He stated that, as far as disposal costs is concerned, before June of this year, the Board is going to have to come up with a system where every house in the County is paying for disposal.
Mr. Ron White, Mayor, City of Fruitland Park, stated part of the city's frustration is that, from the very inception of the Lake County Waste-to-Energy-Facility, there was never a master plan, with a time limit as to when the various stages of collection or imposition on county residents would be in effect, and they have been waiting impatiently to see the Board take action on that issue.
Commr. Swartz stated that if the intention of the City of Fruitland Park, by filing suit against the County, is to put pressure on the Board to take action, they can put no greater pressure on the Board than what it already has on it and, secondly, if their other goal is to obtain a reasonable disposal rate for
their citizens, then he feels the Board is taking every practical course of action that it can.
Commr. Gregg stated that, at the present time, they are talking about $65.00 per ton for a total solid waste system, not just an incinerator, and that it is also going to include closure cost of an existing landfill.
Discussion occurred regarding how the County plans to handle medical waste coming into the County, at which time Commr. Bakich stated that the County is presently addressing that issue but does not know how they are going to handle it, at this time.
Commr. Hanson questioned whether the City of Fruitland Park would be willing to accept special assessment versus mandatory collection, for disposal only, to which Mr. White, Mayor, responded that he cannot commit to it at this time - that it will take more study on his part.
Mr. Charlie Boatwright, City of Fruitland Park, questioned how the County is going to handle rental properties, such as mobile home parks, to which Commr. Swartz responded that he believes they will be able to continue to enjoy the collection function they presently enjoy, which he noted is the beauty of not forcing them into a system whereby all of a sudden the County causes them to have somebody else come in, at what might be a higher rate. He stated they will pay their disposal function just like everybody else.
Mr. Boatwright then questioned how the small trailer parks, where one stays six months out of the year will be handled, due to the fact that those individuals are staying on lots that they do not own, to which he was informed that it would be assessed to the park owner.
Commr. Bakich reiterated the fact that the Board is working as expeditiously as it can to resolve this issue and requested help from the cities, between now and June of 1992, to formulate a better program.
Mr. White, Mayor, City of Fruitland Park, thanked the Board for the cooperative attitude displayed this date.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:30 p.m.
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MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
SEC/3-17-92/4-8-92/BOARDMIN