The Lake County Board of County Commissioners met in regular session on Tuesday, April 5, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell , Vice Chairman (Commr. Cadwell was present for the morning session only); G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Frank T. Gaylord, Interim County Attorney; Michael Anderson, Director of Facilities and Capital Improvements; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.
Mr. James Moore, President of Christian Home & Bible School, Mount Dora, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Mike Anderson, Director of Facilities and Capital Improvements, informed the Board that an agenda item had been added to Addendum No. 1, requesting approval and signature on the License Agreement with Lake Square Mall for the April 14, 1994 Town Hall Meeting, and he requested that the approval of the Agreement between Lake County and Frank T. Gaylord, P.A. be pulled from Addendum No. 1.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the addition to Addendum No. 1, a request for approval of the License Agreement with Lake Square Mall; and to pull the request for approval of the Agreement between Lake County and Frank T. Gaylord, P.A. from Addendum No. 1.
MINUTES
Regarding the Minutes of January 27, 1994 (Special Meeting), clarification was made to the misspelling of a name, and Commr. Bailey requested that his comments, in regard to free enterprise and an incentive to property owners to donate land for Rails to Trails in lieu of purchasing said property, be inserted on Page 23, Line 7.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of January 27, 1994 (Special Meeting), as amended.
Regarding the Minutes of February 8, 1994 (Special Meeting), the following corrections were requested:
Page 6, Line 6 - delete "Gainesville" and insert Florida.
Page 7, Line 4 - delete "amendment" and insert wording.
Page 8, Line 4 - delete "with the deletion of the last sentence, as voted on above" and insert a period after "today".
Page 8, Line 9 - delete "which was carried" and insert to approve the Mission Statement, and the motion carried.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 8, 1994, (Special Meeting), as amended.
Regarding the Minutes of February 15, 1994 (Regular Meeting), clarification was made to the misspelling of a name, and the following correction was requested:
Page 19, Line 30 - delete "1994-93" and insert 1994-95.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of February 15, 1994 (Regular Meeting), as corrected.
Regarding the Minutes of February 22, 1994 (Special Meeting), Commr. Swartz stated that the agenda item, alluded to on page 17 regarding the Municipal Service Benefit Unit (MSBU) process, was to be brought back to the Board for discussion in March, and he requested that staff address this issue.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of February 22, 1994 (Regular Meeting), as presented.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of February 24, 1994 (Special Meeting), as presented.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 18, 1994 (Special Meeting), as presented.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
PERSONAL APPEARANCES
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Kevin N., Pearson, Lee Pearson and Linda Pearson, Case No. 89-1331-CJ, in the amount of $50.00, and authorized proper signature on same.
Bonds-Contractor
Request for approval of the following Contractor Bonds:
New
1066-94 Jack P. Bratton (Electrical)
1642-95 Donald Sikes dba Sikes Construction (Concrete)
5131-94 Dew Electrical Contracting, Inc.
5283-94 Irvin Construction Company, Inc. (Building)
5286-94 Burton Markert (Roofing)
5287-94 Mary Jolene Pasak Building Contractor
5288-94 Dan Matlock Air Conditioning & Refrigeration, Inc.
Reinstatement
4801-94 B & B Plumbing & Septic Services, Inc.
Cancellations
4941-93 Ron Torri Plumbing, Inc.
5218-93 James A. Canepa dba Canepa Service Corporation
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Accounts Allowed/Reports
Request to acknowledge receipt of monthly distribution of Revenue Traffic/Criminal Cases, month ending February 28, 1994, in the amount of $113,535.83. Same period last year: $120,220.34.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds, in the amount of $9,168.31.
State Agencies/Reports
Request to acknowledge receipt of Lake Apopka Natural Gas District, Florida Special District Public Facilities Report for Lake County, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of City of Mount Dora Annexation Ordinances, as follows:
Ordinance No. 620, annexing property located at 17580 Highway 441, generally known as the Family Health Center.
Ordinance No. 629, annexing property located on the northeast corner of Gordon Street and Florence Road, generally known as the Golden Triangle Building Supply property.
Ordinance No. 632, annexing property located at 18500 U.S. Highway 441, generally known as the Matche Construction property.
Municipalities/Ordinances
Request to acknowledge receipt of City of Leesburg Ordinance No. 94-04, adopted at the February 28, 1994 City Commission meeting, annexing property owned by Marc T. Matthews and Jeanne L. Matthews, generally located south of State Road 44 and West of Progress Road.
Ambulance-Hospital Districts/Reports
Request to acknowledge receipt of Annual Public Facilities Report for North Lake County Hospital District/Independent Special District, dated February 28, 1994.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission, In Re: Application for a Staff-Assisted Rate Case in Lake County by W.B.B. Utilities, Inc., Final Order Granting Temporary Rates in Event of Protest, and Notice of Proposed Agency Action Order Approving Increased Rates.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission, In Re: Request for Acknowledgment of Sale of Sunbelt Utilities, Inc. to Village Center Community Development District, and Cancellation of Certificate Number 280-W and No. 227-S in Lake/Sumter Counties, Order Acknowledging Sale, Canceling Certificates and Closing Docket.
Municipalities/Ordinances
Request to acknowledge receipt of City of Tavares Annexation Notifications and Ordinances, as follows:
Ordinance No. 94-3, annexing property on Mt. Homer Road, generally known as the unnamed street in the Panacea Timber Property.
Ordinance No. 93-33, annexing property on Dora Avenue, generally known as the Elks' Club Property.
Ordinance No. 93-37, annexing property located at the westerly bend of Woodlea Road, generally known as the Peninsula on Lake Harris.
Audits/State Agencies/Reports
Request to acknowledge receipt of Southwest Florida Water Management District Rules of the Auditor General, a copy of the District's Comprehensive Annual Financial Report for the year ended September 30, 1993, in accordance with Chapter 373.507, Florida Statutes, and Chapter 10.550.
State Agencies/Reports
Request to acknowledge receipt of Lake Soil and Water Conservation District, Annual Financial Statement, September 30, 1993, received from Greenlee, Kurras, Rice & Brown, P.A., Certified Public Accountants.
Request to acknowledge receipt of Public Facilities Report indicating that the Lake Soil and Water Conservation District has no public facilities.
EMPLOYEE AWARDS
COUNTY EMPLOYEES/PERSONNEL
At this time, Commr. Hanson presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five and Ten Years of Service
Five Years of Service
Michael Anderson, Senior Facilities & Capital Improvements Director, Facilities & Capital Improvements
Michael W. Bass, Firefighter/EMT, Department of Fire and Emergency Services/Fire/Rescue Division
Kevin Chamberlin, Firefighter/EMT, Department of Fire and Emergency Services/Fire/Rescue Division
Robert D. Spears, Building Inspector, Department of Planning and Development Services/ Building Services Division
Richard A. Webb, Building Inspector, Department of Planning and Development Services/Building Services Division
Ten Years of Service
Roy K. Greene, Environmental Field Supervisor, Department of Planning and Development Services/Code Compliance Services Division
Presentation of April "Employee of the Month" Plaque and Savings Bond
Sandra B. Baum, Executive Secretary, Office of Agricultural Cooperative Extension Service.
PUBLIC HEARINGS
ORDINANCES
Mr. Frank Gaylord, Interim County Attorney, presented the Ordinance for Abatement of Excessive and Overgrown Vegetation.
Commr. Gerber stated that she has received a request from a citizen that the word "trash" be defined under Section 3. Definitions.
At this time, the Chairman called for public comment.
Mr. John Boswell, a resident of Yalaha, appeared before the Board in support of the ordinance and requested that consideration be given to changing the growth height from eighteen (18") inches to fourteen (14") inches from the soil level for nuisance weeds.
Ms. Mary Ellen McAlleenan, a resident of Mount Dora, appeared before the Board to express her concern with the growth height eighteen (18") inches for nuisances weeds. She discussed a problem with rodents in the neighborhood due to the height of the weeds at the time of mowing and recommended that the Board consider a height of twelve (12") inches from the soil level.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
Commr. Cadwell expressed his appreciation to Commr. Gerber for her time and effort on the ordinance before the Board this date.
Commr. Gerber recommended that the height from the soil level for nuisances weeds remain at eighteen (18") inches at this time. She stated that the Board would readdress the issue if it becomes apparent that there was a problem with the height of eighteen (18") inches by the number of complaints through Code Enforcement.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Ordinance No. 1994-5, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR ABATEMENT OF EXCESSIVE AND OVERGROWN VEGETATION; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR A DECLARATION OF NUISANCE AND PROVIDING PROHIBITED CONDITIONS; PROVIDING FOR DESIGNATION OF INVESTIGATING AND ENFORCING AUTHORITY; PROVIDING FOR CIVIL AND CRIMINAL IMMUNITY FROM AUTHORITY; PROVIDING FOR CIVIL AND CRIMINAL IMMUNITY FROM LIABILITY FOR TRESPASS; PROVIDING FOR PROCEDURES; PROVIDING FOR NUISANCE ABATEMENT AND CORRECTION OF PROHIBITED CONDITIONS; PROVIDING FOR APPEAL; PROVIDING FOR ASSESSMENT OF COSTS; PROVIDING FOR CREATION, NOTIFICATION AND ENFORCEMENT OF LIEN; PROHIBITING CONFLICT; PROVIDING FOR LIBERAL, NON-CONFLICTING CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCES/PLANNING & DEVELOPMENT
Mr. Paul Bergmann, Senior Director, Department of Planning and Development, appeared before the Board to present the request for approval of the Ordinance amending Chapter 6, Lake County Code, Building and Construction, providing for an exemption of nonresidential farm buildings from the Windload Standards; the resolution providing for recognition and definition of nonresidential farm buildings on farms; and an affidavit providing for exemption from the adopted Standard Building Code for a nonresidential farm building on a farm. He explained that the resolution would allow revision without having to address the Ordinance.
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to discuss the ordinance, resolution and affidavit and explained that the affidavit provides a method in which to insure that the structure being built on a farm was a nonresidential farm building.
At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Ordinance No. 1994-6, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6, LAKE COUNTY CODE, BUILDING AND CONSTRUCTION, ARTICLE II, TECHNICAL CODES; PROVIDING FOR AMENDMENT TO SECTION 6-21, ADOPTION, BY PROVIDING FOR AN EXEMPTION FROM SECTION 1205 OF THE STANDARD BUILDING CODE, 1991 EDITION, FOR NONRESIDENTIAL FARM BUILDINGS ON FARMS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
At this time, the Chairman noted that the resolution providing for recognition of nonresidential farm buildings on farms, and the affidavit would be addressed under County Manager's Departmental Business.
DEEDS/SUITS AFFECTING THE COUNTY
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board to present the request for the settlement of Harper v. Thomley, et al. He explained that Lake County had inadvertently neglected to notify Ms. Thomley of a tax foreclosure sale, contrary to the Florida Statutes, and as a result, it has been ruled that the tax deed purchased by Mr. Harper was void and the property is still owned by Ms. Thomley. He stated that Mr. Harper's attorney was requesting that the attorney's fees and costs, in the amount of $1,877.50, be paid by the County.
At this time, the Chairman called for public comment.
Mr. William Harper appeared before the Board to discuss the monetary loss he has suffered in regard to the purchase of the tax certificate and the purchase at the tax foreclosure sale. He stated that he has not requested interest on the money, and is only requesting that he receive his costs and the attorney's fees.
Commr. Gerber stated that three (3) individuals have contacted her, in recent months, in regard to tax certificates that have been sold under similar circumstances to the litigation before the Board this date. She expressed her concern with the procedures that are being followed by the Clerk of Circuit Court and the Property Appraiser in regard to tax foreclosure sales.
Mr. Neil Kelly, Chief Deputy, Administrative Services Department, appeared before the Board and briefly discussed the well defined procedures that are being followed for tax foreclosure sales, and stated that he would meet with Commr. Gerber in regard to this issue.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Settlement of Harper v. Thomley, et al, Case No. 921-2701-CA-01, to pay attorney's fees and costs in the amount of $1,877.50.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tab 6, Budget Transfers, be pulled, and Commr. Gerber requested that Tab 9, acceptance and signature on the Certification of Participation for the 1994-95 Federal Anti-Drug Abuse Act grants fund, be pulled from the Consent Agenda for discussion.
Mr. Frank T. Gaylord, Interim County Attorney, requested that Tab 11, the request for acceptance of a Developer's Agreement between Lake County and Clarence Eugene Hooker and Sylvia Hooker Johnson, be pulled from the Consent Agenda.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 6, Tab 9, and Tab 11:
Reports
Request to acknowledge receipt of the CPHU Activities and Expenditure Report for the period ending December 31, 1994.
Accounts Allowed/Ambulances-Hospital Districts
Request for approval of payment of monthly medicaid hospital bill, in the amount of $34,001.34; and the medicaid nursing home bill, in the amount of $35,910.29, for the month of January.
County Employees/Personnel
Request for approval to authorize the Chairman to sign certificates for employees with one year of service.
Contracts, Leases & Agreements/Subdivisions
Request for approval for the Chairman to execute a Statement of Release in relation to escrow that has been released for Pennbrooke, Phase 1E.
Bonds - Mobile Home
Request for approval of a Mobile Home Bond for Roy Pettis to place a travel trailer on his property zoned Agriculture with five (5) acres, while he is constructing a conventional home.
Subdivisions
Request final plat approval of The Deer Island Club, Partial Replat A; subject to final review and approval by the County Attorney.
Rights-of-Way, Roads, & Easements/Deeds
Request for acceptance of the following non-exclusive easement deeds:
Tony Hubbard
Hugh Alger, Alger Enterprises, Inc.
Muriel Lindahl
Claude Smoak, Highland Growth Properties, Inc.
Accounts Allowed/Mosquito & Aquatic Plant Management
Request for approval to purchase a hand held field wand detector through the Fish Conservation Fund at an approximate cost in the amount of $3,410.00.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Statutory Warranty Deeds:
Henry Clayton and Dorothy H. Amole
Lake Burns Road - #5-7575
William N. and Carol Sue St. Charles
Treasure Island Road - #1-5726
Amantha B. Musselwhite, Trustee
C-448
Sumter Electric Cooperative, Inc.
Dead River Road - #3-4140
Lake Community Action Agency, Inc.
C-468
Wingard Harvesting Company
Green Swamp Road - #2-0439
Wingard Land Company, Inc.
Green Swamp Road - #2-0439
William D. LeSage, Jr. and Iris W. LeSage
C-561 & Loghouse Road - #2-0835
Central Christian Church, Inc.
C-19A
Lake County Boys Ranch Foundation, Inc.
Boys Ranch Road - #5-8572
Robert W. Bondy
Lake Mack Drive - #4-8698
Ronnie G. and Barbara G. Phillips
Donovan Lane - #5-6649
Floyd S. Faucette
John's Lake - #2-1158
Joseph E. Prevedel, Jr. and Carrie B. Prevedel
C-25
George E. Hovis and Judith Hovis
Lake Nellie Road - #2-0542
Patricia Annette McDonald Bowen and
Paul E. Bowen, Sr.
Carter Jones Road - #2-1309
Non-Exclusive Easement Deeds:
William J. Hoover
Bear Street and Camellia Avenue (Forestview Subdivision)
Contracts, Leases & Agreements/Tourist Development Council
Request for approval to seek proposals for an advertising agency to be agency of record for the Lake County Tourist Development Council (TDC); and to authorize the TDC to review the proposals and recommend their choice to the Board of County Commissioners.
Accounts Allowed/Budgets/Bids/Sheriff's Department
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
C) Award Quotes and Bids over $5,000 to other than low, award Proposals and issue Purchase Orders or Contracts.
DIVISION AMOUNT
1) CAPITAL IMPROVEMENTS/SHERIFF $6,215.04
Electric Services/Authorization to award and issue a Purchase Order for Quote #Q-3-4-19, four (4) each Security Cameras and miscellaneous equipment. It is requested the Board reject the low quote of Alarm Detection Systems, Inc. at $5,060.00 and award to the second low quote Electric Services. Alarm Detection Systems, Inc. quoted a Crest System and our specifications required a Burle Camera, Model #+C261. The quote due to the facts listed in the attached memo. Seven quotes were received. Estimated savings between high and low quote is $3,575.96.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/PROPERTY APPRAISER
PLANNING DEPARTMENT
Ms. Eleanor Anderson, Director, Office of Budget, appeared before the Board to address questions pertaining to the Budget Transfer Summary - To Date for Fiscal Year 1993/94.
Commr. Swartz requested clarification on Transfer No. 94-0070, General Fund, as listed on the Budget Transfer Summary, and Transfer No. 94-0076, Landfill Fund, in regard to who was performing the generation and composition study.
Ms. Anderson stated that she did not have detailed information on Transfer No. 94-0076 at this time; however, would provide said information when it became available.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following budget transfers; subject to staff providing additional backup information in regard to Transfer No. 94-0076, Landfill, as listed on the Budget Transfer Summary - To Date:
Fund: General
Department: Property Appraiser
From: Contingency $10,000.00
To: Operating Expenses $10,000.00
Transfer No: 94-0112
Fund: General
Department: Planning and Development Services
From: Personal Services/One Stop
Permit Administration $118,452.00
Operating Expenses/One Stop
Permit Administration $7,001.00
Debt Service/Principal/Interest
One Stop Permit Administration $2,527.00
TOTAL $127,980.00
To: Personal Services/Development
Regulations Services $118,452.00
Operating Expenses/Development
Regulations Services $7,001.00
Debt Service/Principal/Interest
Development Regulations Services $2,527.00
TOTAL $127,980.00
Transfer No: 94-0113
GRANTS/STATE AGENCIES
Mr. Fletcher Smith, Director of Community Services, appeared before the Board to present this request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for acceptance and signature on the Certification of Participation for the 1994-95 Federal Anti-Drug Abuse Act grant funds.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, no one present wished to address the Board during the Citizen Question and Comment Period.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
GRANTS/MUNICIPALITIES/STATE AGENCIES
Mr. Fletcher Smith, Director of Community Services, appeared before the Board and stated that the County was in the process of developing a coalition between the County, the City of Eustis, Lake Community Action Agency, Lake County Senior Services, Retired Senior Volunteer Program, and Cottage Education Industries for the purpose of supporting various projects for the Eustis Neighborhood Center. He stated that the County will be using funds that the Board previously granted to the Eustis Neighborhood Center as a portion of the matching funds that are required in the fifteen (15%) percent cash match.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved authorization to explore development and submission of a concept proposal for a grant entitled, Corporation for National and Community Service.
ACCOUNTS ALLOWED/ANIMAL CONTROL/BIDS
Mr. Mike Anderson, Director of Facilities and Capital Improvements, stated that a revised Tab 21 had been distributed to the Board prior to the start of the meeting this date, and explained that this request was for approval of the proposal for a new Animal Control Shelter. He stated that the Board, on April 20, 1993, approved a motion to prepare a design/build criteria package for a new animal control shelter to be located at County Road 561, and a budget, in the amount of $300,000.00, was approved for the building structure. He stated that five (5) companies initially responded to the design/build package, and all issued a "No Bid" with the exception of Construction Development & Design. He stated that the recommendation before the Board was to set the budget at $440,000.00, and to award the contract to Construction Development & Design in the amount of $409,193.00.
Commr. Gerber expressed her concern that 29,000 square feet of office space was excessive for the animal control shelter.
Mr. Craig Haun, Director, Fire & Emergency Services, appeared before the Board to discuss office space for the animal control shelter and stated that elimination of the entire office building would result in only a savings of $40,000.00. He explained that the conference room and the break room have been combined into one room, and a significant portion of the building was for the animal shelter area. He discussed the use of volunteers at the facility and stated that the isolation of specific areas in the design of the shelter will, hopefully, encourage more volunteer involvement.
Mr. Anderson stated that the design criteria package was the result of visiting five (5) counties and reviewing their animal control facilities, and talking with the shelter directors. He stated that room for expansion in the future has been provided without compromising the layout of the building, and the proposed shelter is a system that will work from a functional standpoint.
Commr. Swartz requested that staff review items such as a mulch parking lot in lieu of a paved parking lot, and engineering issues that may result in a cost savings to the County.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to authorize staff to contract with Construction Development & Design; award contract in the amount of $409,193.00; and directed staff to review items such as paved parking and other engineering issues to reduce the County's or the contractor's costs.
Mr. Anderson noted that the County construction crew would be completing the interior finish work on the office and public areas, and explained that there was a flexibility to the site that would allow a reconfiguration of the site and better accommodate the roadways.
Commr. Hanson stated that she was on the Euthanasia Study Committee several years ago and, at that time, the committee recommended building a new animal control shelter. She commended the Selection Committee for an excellent job in cutting the costs on the proposed shelter.
Commr. Gerber noted that, at the time that the Board addresses the issue of staffing for the new facility, she would be very supportive of using volunteers.
The Chairman called for a vote on the motion, which carried unanimously.
TIMES CERTAIN
DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Greg Stubbs, Director of Development Regulations and Services, appeared before the Board and explained that the Board approved a request from the Trails of Montverde, on November 21, 1989, to vacate right-of-way from the end of the cul-de-sac on Thoroughbred Lane to the property line. He stated that the applicant, adjacent to the easement that was vacated, has submitted a lot split application to create five (5) lots on the property in question. He explained that a public hearing was required to vacate a right-of-way, or easement; however, no public hearing was required for a rededication. He stated that at the time that the Trails of Montverde Subdivision was platted, it was intended to be developed on paved roadways built to County standards. The provision of this easement, which provides access to adjacent properties, does not require improvements other than an easement being dedicated, which presents a concern that this could potentially degrade the integrity of the Trails of Montverde Subdivision.
At this time, the Chairman called for public comment.
Mr. Trace Thomas, acting as Agent of Highland Grove Partnership, appeared before the Board and explained that they have had a problem, for several years, obtaining access to the property in question and would like a recommendation from the Board to determine an appropriate access to said property. At this time, the Board reviewed an aerial map of the site in question as Mr. Thomas discussed the location of the surrounding property with the Board. In response to a question presented by Commr. Swartz regarding common ownership, Mr. Thomas explained that a twenty-five (25) acre parcel was under one partnership, and a nineteen (19) acre parcel was under another partnership. He clarified that there was no access to the property at this time.
Mr. Barry King, Chairman of the Architectural Control Committee for the Trails of Montverde Homeowners' Association, appeared before the Board in opposition to this request and stated that he has been designated to act as a spokesman to amplify opposition to any additional access to the Trails of Montverde. He stated that this opposition has been evidenced in a letter of resolution and by petition, which the Board received prior to this meeting. He explained that there are approximately one-hundred and forty (140) individually owned lots out of a platted total of one-hundred and fifty-five (155) lots in the Trails, and a total of ninety (90) homes have been built in the Trails during the past eight (8) years in conformance with the covenants, conditions, and restrictions, which have provided a controlled growth pattern in the area. He stated that, in addition to the desired constraints provided by the covenants, many of the residents have built in the Trails because of the low building density and the limited access provided by only two entrances located on Fosgate Road. He further stated that they have strongly approached any additional access plan, which would transform the streets now restricted to local traffic into heavily traveled roads carrying both non-local and local traffic. He expressed concern for the safety of the children and the adult residents who presently use the roads for walking, jogging, and bicycling and stated that there are a number of road crossings from one horse trail exit to another trail entrance, thus creating a hazard to riders exposed to higher traffic speed and density. He stated that the Trails of Montverde Subdivision strongly urges the Board to reject all proposals which would expand access to the Trails, and by such action, the Board would help to achieve and maintain the quality of life of the property owners of the Trails.
Mr. Claude Smoak, representing the residents of the Trails of Montverde and the developers, appeared before the Board in opposition to this request and explained that the easement was closed in 1989 due to the same issues of concern that have been discussed today, and the potential of new subdivisions using a residential street as a major access point. He explained that the deed restrictions and covenants in the Trails of Montverde prohibit the subdivision of land for any use other than residential, and cautioned that litigation against the County would occur if the County accepted the non-exclusive easement deed from Highland Grove Partnership. He requested that the Board deny the request for acceptance of a non-exclusive easement deed from Highland Grove Partnership.
Mr. Bill Gerdy, a resident of the Trails of Montverde, appeared before the Board in opposition to this request and stated that the extension of the road through the Trails of Montverde would ruin one of the most beautiful places in the State of Florida.
Mr. Wayne Jones, a resident of the Trails of Montverde, appeared before the Board in opposition to this request and stated that there are approximately ten (10) homes after the last turnoff on the cul-de-sac on Thoroughbred Lane and approximately sixty (60) cars a day enter and leave the property. He stated that a road at the end of the Trails would have a dramatic impact on traffic, and would depreciate the road system and property values in the Trails. He requested that the Board deny this request.
Ms. Bernadette Hitchins, a resident of the Trails of Montverde, appeared before the Board in opposition to this request and stated that the residents of the Trails have not been privileged to the information that the Board has been provided in regard to what the applicants are proposing. She stated that the residents of the Trails are expressing what they feel and their understanding of the situation, and she suggested that the Board postpone this request to allow those in opposition to receive the background information and state a more precise case to the Board at a later date. She expressed concern that the thoroughfare being proposed would accommodate not only the applicant but all those who build past the Trails in the future. She suggested that the Board perform a traffic study on the impact that this request would have on the area.
Mr. Chalmer Harper, a resident of the Trails of Montverde, appeared before the Board in opposition to this request, and stated that Thoroughbred Lane ends in a cul-de-sac, which was intended as a turn-around and not as an extension of a roadway. He stated that there are two lots and a common area that are used as a horse trial and as a buffer between the roadway and the property lines, and are protected by covenant agreements, restrictions and by laws which are governed by the Homeowners' Association.
Mr. Thomas reappeared before the Board and stated that Highland Grove Partnership would be very compatible with the Trials of Montverde, and would strive to maintain the character of the area in a country atmosphere.
Mr. John Cummings, Vice President of the Trails of Montverde Homeowners' Association, appeared before the Board in opposition to this request and expressed his concern with the major thoroughfare attitude, which will ultimately become a County problem when the issue of roads and traffic lights become necessary. He further expressed his concern with the traffic level exposing danger to the children in the community.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
Commr. Bailey stated that the Board vacated the right-of-way in 1989 for the same concerns that were being expressed today to protect the integrity of the Trails of Montverde. He expressed concern that this request was brought back to the Board, and stressed the importance that the community be adequately notified of requests such as this in the future. He encouraged the Board to deny this request for a non-exclusive easement deed.
Commr. Hanson stated that she was sympathetic to the landowners; however, noted that it was important that the County protects the communities that are created in Lake County.
Mr. Frank Gaylord, Interim County Attorney, responded to a question presented by Commr. Hanson and explained that, at the time that the easement was vacated, twenty-five (25') feet on each side of the property went to the adjacent property owners. He explained that the proposed deed was for a fifty (50') foot easement that was exclusively within the property lines of the property owner.
Commr. Swartz expressed his support of a responsible interconnect of subdivisions; however, stated that this request was not responsible in a number of ways. He stated that he does not support a lot spit on an easement, going through a subdivision and going through a portion of a lot.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board denied the request to accept a non-exclusive easement deed from Highland Grove Partnership.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
RESOLUTIONS/PLANNING & DEVELOPMENT
Mr. Paul Bergmann, Senior Director, Department of Planning & Development, appeared before the Board to present this request.
Commr. Swartz expressed his concern with the inclusion of aviaries under Section 1. Identification of Farms, as a farm building, to which Mr. Bergmann explained that standard industrial classification codes have been used in defining Agricultural Production, Livestock and Animal Specialties.
Mr. Bergmann stated that the resolution before the Board at this time provides for the definition of farms and can be amended at any time. Ordinance No. 1994-6 strictly excludes Windload Standards from the Standard Building Code. He noted that the title of the affidavit had been revised, as follows: Affidavit Providing For Exemption From The Adopted Standard Building Code For A Nonresidential Farm Building On A Farm.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No, 1994-66, providing for recognition of nonresidential farm buildings on farms; and authorization for staff to use the Affidavit Providing For Exemption From The Adopted Standard Building Code For a Nonresidential Farm Building On A Farm.
RESOLUTIONS/COUNTY MANAGER/AFFORDABLE HOUSING
Mr. Frank T. Gaylord, Interim County Manager, presented the request for a resolution authorizing the County Manager or his designee to execute mortgage documents relating to the Lake County Affordable Housing Assistance Program, and explained that there have been several request for acknowledgement that the County's funding of the Affordable Housing program was secondary to the lending institutions. He stated that the lending institutions have requested a Subordination Agreement to be executed.
Mr. Mark Knight, Chief Planner, Planning & Development Services, appeared before the Board and explained that the Affordable Housing Assistance Program provides for a Recaptured Agreement to insure that monies are recovered, and provides for a second mortgage in the event that a house is sold. He stated that the County has been requested on occasion to sign off on the second mortgage acknowledging that the County understands that a second mortgage was being placed on a house. Mr. Knight responded to a question presented by Commr. Swartz, and stated that the Recaptured Agreement provides the authorization to sign off on the second mortgage on behalf of the County without prior approval by the Board.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution No. 1994-67, authorizing the County Manager or his designee to execute mortgage documents related to the Lake County Affordable Housing Assistance Program; and authorized proper signature on same.
STATE AGENCIES/PUBLIC SERVICES
Mr. Jim Stivender, Director of Public Services, appeared before the Board and explained that Lake County was notified by the Department of Environmental Protection (DEP) of violations of rules regarding hazardous waste management on August 7, 1992, and as part of the notification, a civil penalty of $19,500.00 was assessed in accordance with state policy. He stated that Mr. David Crowe, Hazardous Waste Management Coordinator, and Mr. Don Griffey, Engineering Director, Public Services, were present to discuss this issue with the Board.
Mr. Don Griffey, Engineering Director, appeared before the Board and stated that Mr. David Crowe has received a letter from the Department of Environmental Protection, dated April 4, 1994, summarizing the terms in which DEP was willing to settle the case of the State of Florida of Environmental Regulations v. Lake County OGC NO. 93-1476. He explained that DEP was proposing to coordinate the proposed in-kind project jointly with Lake County, DEP, and Martin County in lieu of cash payment of penalties.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to authorize staff to negotiate with the Department of Environmental Protection a Consent Agreement to provide County participation in a public information project as a means of providing in-kind services in lieu of direct payment of an assessed penalty to the Department of Environmental Protection.
Commr. Gerber stated that she was not in support of the County participating in a public information program in lieu of paying the assessed penalty.
Commr. Swartz explained that other counties could benefit from Lake County's mistake and from the public information that Lake County will provide in regard to hazardous waste management. He explained that the public information project would not cost more in terms of dollars because of DEP's proposed formula in allowing staff time.
Commr. Hanson expressed her concern with the costs that will be incurred by the County in staff time and whether additional employees will be required to meet the requirements to complete the penalty obligation being imposed by DEP.
Mr. Griffey explained that the request before the Board was to provide authorization to proceed with negotiations with DEP, and that a consent would be brought back to the Board for approval outlining the plan.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Gerber voted "No".
MUNICIPALITIES/PUBLIC SERVICES
Mr. Chuck Pula, Parks & Recreation Coordinator, appeared before the Board to present a request from the Lake County League of Cities for a policy change regarding the acceptance of monies from the Parks & Recreation Capital Improvement Program to allow the municipalities to charge city residents and non-city residents differential fees to offset the cost of operation of the facilities. He stated that the Parks & Recreation Advisory Board was recommending that the Board not change the guidelines of the Parks & Recreation Capital Improvement Program.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to deny the request from the Lake County League of Cities that municipalities accepting monies from the Parks & Recreational Capital Improvement Program be allowed to charge city residents and non-city residents differential fees.
Commr. Cadwell stated that he supports denial of this request, and will inform the League of Cities that the stipulation that all residents of Lake County be charged the same fee in the Parks & Recreation Capital Improvement Program should not be considered a detriment to any city.
The Chairman called for a vote on the motion, which carried unanimously.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Discussion occurred regarding the appointment of an individual to fill the Business Community representative vacancy on the Lake County Natural Resources Advisory Committee.
At this time, the Board postponed the appointment to fill the vacancy on the Lake County Natural Resources Advisory Committee until further review could be made in regard to the applications of Mr. Lee Johnson, Mr. Steven Mundahl, and Mr. Clark Ghiselin, Jr.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the appointment of Mr. Lonnie Strickland, to fill the position which had been filled by Alvin Jackson, on the HRS District 13 Board.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/RESOLUTIONS
Mr. Frank T. Gaylord, Interim County Attorney, presented the request for a resolution authorizing the execution of an Interlocal Agreement with Lake County providing for the annexation of enclaves.
Commr. Cadwell expressed his support of an Interlocal Agreement for the annexation of enclaves and stated that the cities appreciate the opportunity provided by the resolution before the Board.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve and authorize execution of Resolution No. 1994-68, authorizing the execution of an Interlocal Agreement with Lake County providing for the annexation of enclaves.
Commr. Bailey expressed his supports of the resolution to be consistent with growth management surrounding city boundaries.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to amend Commr. Cadwell's motion to include a revision to Section 4. Sunset Provision, of the Interlocal Agreement, changing "twelve (12) months" to twenty-four (24) months.
The Chairman called for a vote on the motion to approve Resolution No. 1994-68, which carried by a 3 - 2 vote.
Commr. Gerber and Commr. Swartz voted "No".
Commr. Swartz stated that he did not support the Interlocal Agreement due to the lack of a requirement for the County to hold public hearings.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed/Public Health
Request for approval of second quarter payment to LifeStream Behavioral Center for Fiscal Year 1993-94. Total expenditure of $42,500.00 pursuant to Florida Statute 394.76.
Ordinances/Committees
Request for approval to advertise for the Repeal of Ordinance No. 1992-8, which created the Citizen's Commission for Children.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/JAILS
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the request to change the scope of work for JK2 Holmes Construction, Inc. for the installation of security screening over the exercise yards and loading dock area of the new jail at an estimated cost of $105,106.00.
REPORTS
COMMISSIONERS/CONTRACTS, LEASES & AGREEMENTS/MEETINGS
Commr. Gerber informed the Board that the District 1 Town Hall Meeting would be held at Lake Square Mall, on April 14, 1994, at 7:00 p.m.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved the License Agreement with Lake Square Mall for the April 14, 1994 Town Hall Meeting; subject to final review and approval by the County Attorney.
COMMISSIONERS/FAIRGROUNDS
Commr. Bailey informed the Board that the Lake County Youth Fair would be held on April 7-16, 1994 at the Lake County Fairgrounds and encouraged the Board to attend and support the youth of Lake County.
ADDENDUM NO. 1 (CONTINUED)
COUNTY PROPERTY/MEETINGS
Commr. Swartz presented the request for the placement of the law enforcement statue at the south end of the Judicial Center and stated that it has been determined by the Judges and County staff that this would be an appropriate site for the statue.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to authorize the placement of the law enforcement statue at the south end of the Judicial Center; and to authorize the utilization of seating and microphones for the ceremony.
Commr. Swartz stated that a Fish Fry has been scheduled on April 9, 1994, at Little Joe's Hideaway, in support of the law enforcement statue; and that the dedication ceremony was scheduled on Saturday, May 7, 1994, at 11:00 a.m.
The Chairman called for a vote on the motion, which carried unanimously.
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved Proclamation No. 1994-69, declaring the period of April 16-23, 1994 as National County Government Week in Lake County; and authorized proper signature on same.
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Bailey and
carried unanimously, the Board approve Resolution No. 1994-70, expressing appreciation to Ms. Cora Fulmore for her untiring and dedicated service to Lake County and its citizens; and authorized proper signature on same.
RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Proclamation No. 1994-71, proclaiming April 25-29, 1994 as "Chamber of Commerce Week" in Lake County; and authorized proper signature on same.
RESOLUTIONS
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Proclamation No. 1994-72, designating April 23, 2994 as "WalkAmerica Day" in Lake County; and authorized proper signature on same.
ADDENDUM NO. 1 (CONTINUED)
CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY
Commr. Hanson requested that the approval of the Agreement between Lake County and Frank T. Gaylord, P.A. be postponed until the April 19, 1994 Board meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Hanson informed the Board that the Governor has appointed Ms. Joan Brown, representing District 1, and Ms. Vivian Mitchell, representing District 3, to the Citizen's Commission for Children. She stated that the Citizen's Commission will determine five (5) members, and the Board will be required to appoint two additional members from their Districts. She noted that District 1 and District 2 will require one additional appointment.
COUNTY MANAGER/PERSONNEL
Commr. Hanson brought up for discussion an appropriate date for the County Manager's annual evaluation process. It was determined that the County Manager's evaluation would be on April 26, 1994, following the regular zoning meeting.
RECESS AND REASSEMBLY
At 11:25 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
EXECUTIVE SESSION OF THE BOARD OF COUNTY COMMISSIONERS
At 2:00 p.m., the Chairman opened the Special Meeting of the Board of County Commissioners for the purpose of an Executive Session.
Mr. Frank T. Gaylord, Interim County Attorney, stated that the Executive Session had been called pursuant to notice for an executive meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:10 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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