The Lake County Board of County Commissioners met in regular session on Tuesday, October 4, 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; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance and Audit Department; Frank T. Gaylord, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; and Sandra Carter, Deputy Clerk.
Reverend Don Rushing, First Baptist Church of Tavares, gave the Invocation and led the Pledge of Allegiance.
The Chairman opened the meeting.
AGENDA UPDATE
The Chairman questioned whether there were any revisions to the Agenda.
Mr. Pete Wahl, County Manager, requested that Item I. B., on Addendum No. 1, under the County Manager's Departmental Business, a request for discussion regarding the Lake Dora RV Resort, concerning mandatory connection requirements, under Paragraphs 6.12.01(A)(B) of the Lake County Land Development Regulations, be tabled until the Board Meeting of November 1, 1994, upon request of the applicant and the City of Tavares.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved to table Item I. B., on Addendum No. 1, under the County Manager's Departmental Business until the Board Meeting of November 1, 1994, as requested.
Commr. Swartz suggested that the workshops scheduled for 2:00 p.m. this date be withdrawn, stating that, although they appear to be good ideas, they do not seem to be very workable, or cost effective.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board withdrew the following workshops, scheduled for 2:00 p.m. this date:
Senior Tax Work-Off Program
Work Experience Program for Individuals Receiving County Assistance
MINUTES
The Minutes of September 12, 1994 (Special Meeting) were postponed until the Board Meeting of October 18, 1994.
PERSONAL APPEARANCES
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
1489-95 Vic Wrobel (Plumbing)
1600-95 Richard D. Pape d/b/a Pape Electric, Inc.
1865-95 Lance Dotson Construction (Residential Builder)
3096-95 Terry Ross d/b/a Terry Ross Plumbing
4232-96 Thomas Ruff (Plumbing)
4525-95 Rick Sanders d/b/a American Electric Company
4536-95 Peltz, Inc., d/b/a Mike Peltz Professional Plumbing
4753-95 L. Norman Adams Home Builders, Inc. (General)
4834-95 Melvin B. Benn (Masonry)
4941-96 Ron Torri Plumbing, Inc.
5251-95 Mary Jo Long d/b/a C.A. Long Masonry, Inc.
5275-95 Robert Dollard d/b/a Dollard Enterprises (Elect.)
5280-95 Art-Kraft Sign Company, Inc.
5322-94 Derek Larsen Brick Mason, Inc.
5322-95 Richard Califano/Derek Larsen Mason Contractor, Inc.
Cancellations
5064-94 William T. Nolan
5184-94 Bridgewood Homes, Inc.
5211-94 Sampson Samuel
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.
County Employees
Request to acknowledge receipt of increase in mileage allowance rate from 20 cents per mile to 25 cents per mile, for
business use of a privately owned vehicle by public officers, employees and authorized persons, effective October 1, 1994.
Contracts, Leases & Agreements/Reports
Request to acknowledge receipt of Annual Report submitted May 12, 1994, by Florida Regional Emergency Medical Services, for the year ended September 30, 1993, in connection with their contract to provide ambulance services to the County.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds due landowners on applications for tax deeds, in the amount of $4,367.61.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 649, from the City of Mt. Dora, providing for the annexation of property generally located at the northwest corner of U.S. Highway 441 and Limit Avenue, Mt. Dora, Florida, providing for a C-3 (Highway Commercial) zoning of the property and for a commercial Comprehensive Plan Land Use Designation.
PROCLAMATION PRESENTATION
RESOLUTIONS
The Chairman presented a Proclamation designating October as United Way Month in Lake County to Mr. Joe Holmes, President, United Way Campaign - Lake and Sumter Counties; Mr. Dick Clark, Executive Director, United Way Campaign - Lake and Sumter Counties; and Ms. Robbie Hollenbeck, United Way Campaign Coordinator - Lake and Sumter Counties.
Mr. Holmes thanked the Chairman, Commr. Hanson, who is on the Board of Directors, United Way Campaign - Lake and Sumter Counties; Mr. Pete Wahl, County Manager, Campaign Chairman, United Way Campaign - Lake and Sumter Counties; and Ms. Hollenbeck for their participation in the campaign this year.
Ms. Hollenbeck thanked all those employees that had given to the campaign and the department heads and division directors, for making the opportunity available for employees to learn more about the United Way, and stated that she was proud to be a part of Mr. Wahl's "A" team for the 1994 year.
EMPLOYEE AWARDS
The Chairman presented Employee Awards, as follows:
Plaque to Employee with Five Years of Service to the County
Robert H. Romine, Equipment Operator I, Public Services
Roads Division/Maintenance Area I (Leesburg)
Plaque to Employee with Ten Years of Service to the County
Bobby Howard, Equipment Operator III, Public Services
Roads Division/Maintenance Area II (Minneola)
EDUCATION
The Chairman announced that the Economics Class from Umatilla High School was present in the audience, to see how County Government works, at which time she welcomed them and asked each of them to introduce themselves. It was noted that several of the students were members of the State Champion Track Team.
PUBLIC HEARING
COMMUNICATIONS/ORDINANCES
Mr. Bruce Thorburn, Director of Information Services, appeared before the Board stating that the intent of the Ordinance before the Board this date was to try to provide continuity for cable regulation in Lake County. He stated that the idea was to adopt an ordinance consistent among all the cities and the County for that regulation, so that a new franchise can be created countywide. He stated that the attorneys representing Lake County Cablevision (Cole, Raywid & Braverman, Washington, D.C.) had informed him, by letter (dated September 30, 1994, which he provided to the Board), that portions of the ordinance which may have been superseded by State or Federal legislation would be null and void and that the ordinance contained a disclaimer stating such. He stated that the disclaimer was in the ordinance, in the event that said legislation is overturned, at which time he noted that there is presently a movement attempting to do that. He stated that the attorneys also wanted to remind the Board that any requests for franchises, for anything that may be a fiscal impact upon the cable company, needs to be offset from the 5% cap of revenues collected by the franchise fee, per the Federal Communications Commission.
A brief discussion occurred regarding the ordinance, at which time Mr. Thorburn answered questions from the Board regarding same.
Mr. Frank Gaylord, County Attorney, noted that, on Page 20, Lines 26 and 31, and on Page 21, Line 3, that the word citywide should be changed to countywide.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board adopted Ordinance No. 1994-14, regulating cable communication franchises within Lake County, as follows:
AN ORDINANCE REGULATING CABLE COMMUNICATION FRANCHISES WITHIN LAKE COUNTY, FLORIDA; PROVIDING FOR THE TITLE "THE LAKE COUNTY CABLE COMMUNICATIONS ORDINANCE"; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES; PROVIDING FOR EVALUATION CRITERIA FOR THE CONSIDERATION OF APPLICATIONS FOR INITIAL FRANCHISES, RENEWALS AND TRANSFERS OF OWNERSHIP; PROVIDING FOR REGULATIONS AND REQUIREMENTS FOR CABLE COMMUNICATIONS OPERATORS; PROVIDING FOR MANDATORY CONTRIBUTIONS BY CABLE COMMUNICATIONS OPERATORS FOR COUNTY STUDIO AND CABLE ACCESS FACILITIES; PROVIDING FOR NONDISCRIMINATION IN BASIC CABLE RATES; PROVIDING FOR RETROSPECTIVE APPLICATIONS OF NONDISCRIMINATION IN RATES TO EXISTING CABLE COMMUNICATIONS FRANCHISES; PROVIDING FOR EVALUATION HEARINGS REGARDING THE PERFORMANCE OF CABLE COMMUNICATIONS OPERATORS; PROVIDING FOR THE LIBERAL CONSTRUCTION OF THIS ORDINANCE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Swartz questioned whether the County was currently in the process of working toward renegotiating the franchises that are in place.
Mr. Thorburn stated that adoption of this ordinance was the beginning of that, noting that, with the adoption of this ordinance, the cities and the County would begin an informal negotiation process for a new countywide franchise.
Mr. Gaylord, County Attorney, interjected that the County was in the process of standardizing the franchise agreement.
Mr. Thorburn was thanked for a job well done.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, stated, for informational purposes, that the County is working with the City of Clermont,
with regard to Tab 16, a request for approval and signature on the 1994-95 Lease Agreement between Lake County and James L. Meadows, relating to Store Number 1209, located at Sunnyside Plaza, in Clermont, in opening up the south Lake County substation for the Sheriff's Department and that there may, or may not, be room to incorporate building services in that agreement. He stated, however, that the lease in question has a month-to-month escape clause.
Commr. Hanson requested that Tab 26, a request for approval to establish an orange grove on the Lake County Welcome Center property, be pulled from the Consent Agenda and discussed separately.
Commr. Swartz requested that Tab 21, a request for approval and execution of Change Order No. 1, to Project No. 3-94, Bloxam Avenue Extension, for additional work on Grand Highway and the intersection of Bloxam Avenue and Pitt Street, be pulled from the Consent Agenda and discussed separately.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Budgets/Budget Transfers/Office of Budget
Request from the Office of Budget for approval of the following:
Budget Transfers
Fund: General
Department: Office of Budget
From: Contingency $10,500
To: Operating Expenses 10,500
Transfer No.: 94-0368
Fund: General
Department: Office of Budget
From: Personal Services $29,500
To: Personal Services $29,500
Transfer No.: 94-0377
Accounts Allowed/Community Services/Public Health
Request from Community Services for approval to pay Shands Hospital $11,214.90, for an inpatient hospital stay, for a Lake County resident under the Health Care Responsibility Act.
Contracts, Leases & Agreements/Fire & Emergency Services/Funds
Request from Fire and Emergency Services for approval and execution of Emergency Preparedness and Assistance Trust Fund Agreement, for FY 1994-95.
Accounts Allowed/Budget Transfers/Animal Control
Request from Facilities and Capital Improvements for approval of budget transfer of $160,000.00, for complete funding of the Animal Control facility construction.
County Employees/Human Resources
Request from Human Resources for approval to authorize the Chairman to sign Certificates for employees with one year of service to the County.
County Employees/Human Resources
Request from Human Resources for approval to authorize the Chairman to sign Certificates for employees with three years of service to the County.
Accounts Allowed/Planning and Development
Request from Planning and Development for approval to establish an account for payment of known recurring Building Services Dial Page pager bills.
Accounts Allowed/Planning and Development
Request from Planning and Development for approval to establish an account for payment of known recurring Building Services South Lake Annex utility bills.
Accounts Allowed/Planning and Development
Request from Planning and Development for approval to establish an account for payment of known recurring Building Services South Lake Annex telephone bills.
Accounts Allowed/Planning and Development
Request from Planning and Development for approval to establish an account for payment of known recurring Building Services South Lake Annex electric bills.
Contracts, Leases & Agreements/Municipalities
Planning and Development
Request from Planning and Development for approval and signature on 1994-95 Lease Agreement between Lake County and James L. Meadows Relating to Store Number 1209 Located at Sunnyside Plaza, Clermont, Florida.
Resolutions/Roads-County & State/Planning and Development
Request from Planning and Development for approval and execution of Resolution accepting Dorchester Boulevard (2-0159C), Burnham Court (2-0159E), and Westminster Trail (2-0159F), in the Westchester PUD Subdivision, into the County Maintained Road System.
Subdivisions/Planning and Development
Request from Planning and Development for final plat approval of Pennbrooke, Phase I-G, DRI a/k/a Countryside PUD, 39 lots -Commissioner District 1, subject to review and approval by the County Attorney.
Deeds/Planning and Development
Request from Planning and Development for acceptance of the following:
Non-Exclusive Easement Deeds
Ralph Horton, for approved creation of two lots in agriculture zoning, on an easement off of CR 565-A - Commissioner District 2.
Dale Ladd, for approved creation of two lots in agriculture zoning, on an easement off of Buckhill Road (2-2439) - Commissioner District 2.
MacKay Fisher Partnership, for approved creation of six lots in agriculture zoning, on an easement off of Marion County Road (DR5-8010) - Commissioner District 5.
Contracts, Leases & Agreements/Planning and Development/Zoning
Request from Planning and Development for acceptance and execution of Agreement between the Board of County Commissioners and Barry L. and Patricia L. Erckert for Temporary Non-Conforming Zoning Use, to place a travel trailer on property located at Magnolia Creek Road, while constructing a conventional home - Commissioner District 2.
Accounts Allowed/Road Projects/Public Services
Request from Public Services to award Project No. 16-94: Sidewalks for Dora Avenue, Treadway School Road (3/5-5335), Parkwood Avenue, and CR-466A, Bid No. B-6-4-63, to Paquette Paving Company, Inc., and to encumber and expend funds, in the amount of $124,752.50, from the County Transportation Trust Fund - Commissioner Districts 1, 2, 3 and 5.
Accounts Allowed/Road Projects/Public Services
Request from Public Services to award Project No. 17-94:
CR-33 Widening, Resurfacing and Paving, Bid No. B-6-4-64, to Trac Roadbuilders, Inc., and to encumber and expend funds, in the amount of $165,403.05, from the Road Impact Fee Fund - Commissioner District 2 - Benefit District 2.
Deeds/Rights-of-Way, Roads & Easements/Public Services
Request from Public Services for acceptance of the following:
Statutory Warranty Deeds
Banyan Construction and Development, Inc.
Mohawk Road (2-1546)
Blue Sink Groves, Inc.
Bloomfield Avenue (3-3026)
James K. Best and Dorothy C. Best
East Lake Jem Road (3-3268)
Lake Jem Road (3-3267)
Mary Ann Wright and Grace Bryan Meilx
Griffin Avenue (5-7807)
Lange Custom Homes, Inc.
Walton Heath Avenue (4-4388A)
State Road 46
Right-of-Way Easement
First Union National Bank of Florida, as Trustee for the beneficiaries of the John F. Ervin Intervivos Trust
Unnamed Road - Connects to Thomas Boat Landing Road (5-7940)
Purchasing
Request from Purchasing 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; and approve and execute contracts and encumber funds, as follows:
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
1) COUNTYWIDE $150,000
Ernie Morris Enterprises/Authorization to extend Bid No. 003-618-093, Office Supplies, for an additional year, per the original terms and conditions, and issue Blanket Purchase Order, within budgeted funds. The Board approved the award of the original Bid on November 3, 1992.
2) PUBLIC SERVICES MAINTENANCE AREA II $ 5,000
MAINTENANCE AREA I & III 30,000
(Estimated)
American Asphalt, Inc. for Maintenance Area II; Asphalt Production for Maintenance Area I & III/Authorization to extend Bid No. B-4-3-69, Asphaltic Concrete, for an additional year, per the original terms and conditions, and issue Blanket Purchase Orders, within budgeted funds. The Board approved the award of the original Bid on
October 19, 1993.
3) PUBLIC SERVICES $ 13,000
Florida Rock Industries, Inc./Authorization to extend Bid No. B-4-3-68, Cover Material, for an additional year, per the original terms and conditions, and issue Blanket Purchase Orders, within budgeted funds. The Board approved the award of the original bid on August 17, 1993.
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
DIVISION AMOUNT
1) SOLID WASTE $106,285
(Estimated)
Ringhaver Equipment/Permission to waive bid requirements and issue six purchase orders, within budgeted funds, for Preventative Maintenance Agreements, plus Parts and Repair
for six pieces of Caterpillar equipment. The Preventative Maintenance Agreement costs for 2 each Loaders, 2 each Compactors and 2 each Dozers is $20,865.00 and the estimated cost for repairs and parts is $85,420.00. This is an OEM vendor. It is also requested the Chairman sign the Maintenance Agreements.
2) PUBLIC SERVICES $ 33,000
(Estimated)
EA Mariani Asphalt Company/Permission to waive bid requirements and issue a blanket purchase order for RC-70 liquid asphalt. This is a proprietary purchase. We have tried to bid this in the past year, but they are the only known vendor in the State of Florida that can provide
RC-70 liquid asphalt.
ACCOUNTS ALLOWED/ROAD PROJECTS/PUBLIC SERVICES
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board, in response to a question from Commr. Swartz as to whether the intersection alluded to in this request (Bloxam Avenue and Pitt Street) would effect proposed road closings and development that would occur on the east side of Grand Highway.
Mr. Stivender stated that the work being done had to do with utilities that were not originally located and needed to be relocated, as part of the construction, and that it would all occur on the west side of Hwy. 27, between the retention pond and the intersection of Pitt Street and Bloxam Avenue.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Public Services for approval and execution of Change Order No. 1, to Project No. 3-94, Bloxam Avenue Extension, for additional work on Grand Highway and the intersection of Bloxam Avenue and Pitt Street, in the amount of $27,857.50 - Commissioner District 2 - Benefit District 5.
ACCOUNTS ALLOWED/OFFICE OF TOURISM
A brief discussion occurred regarding this request, at which time it was noted that the Tourist Development Council is in the
process of trying to bring the Citrus Museum from Tallahassee, where it is presently located, to Lake County, to be housed on the Tourist Development Council property located at Lake County Central Park.
Mr. Pete Wahl, County Manager, suggested that the Board take action to approve this request, conditioned upon the County's attempting to use this expression of interest, on the part of the Board, as an inducement to the State to review the proposed orange grove project at the Welcome Center.
Mr. Dave Warren, Tourist Development Director, appeared before the Board and stated that the TDC could work jointly with that project, if it came to Lake County, in the selection of trees.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Office of Tourism for approval to establish an orange grove on the Lake County Welcome Center property and to encumber and expend funds not to exceed $9,000.00.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/CONTRACTS, LEASES & AGREEMENTS/EDUCATION
Mr. Fletcher Smith, Director of Community Services, appeared before the Board and explained this request.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Community Services for approval and execution of Interlocal Agreement between Lake County and The School Board of Lake County Relating to the Expansion of Learning Opportunities for Children Age 0-18 in Lake County.
ACCOUNTS ALLOWED/FACILITIES & CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, explained this request.
Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board stating that last year the
Board gave him permission to obtain the assistance of Mr. Charles Smith, Bullock Smith & Partners, Knoxville, Tennessee, in developing a conceptual study on the possibility of relocating the present Fairgrounds facility to the 250+ acres that is owned by the Tourist Development Council, located at Lake County Central Park.
Mr. Anderson stated that, after spending the day visiting both sites and having an afternoon planning session with his department and the Lake County Fair Board, they came back to the original concept of an Exposition Park and Fair, for the property in question, and Mr. Smith developed a preliminary plan. He stated that said plan was presented to the Tourist Development Council, the Industrial Development Authority, and the Lake County Fair Board and received a favorable endorsement from each group. He noted that the objective is to have something at the site that would have a year-round application.
Mr. Anderson reviewed the proposed plan for the Exposition Park and Fair with the Board and answered questions regarding same.
He noted that the present Fairgrounds site would remain as a Farmer's Market.
A brief discussion occurred, at which time Commr. Cadwell stated that he realized the Fairgrounds should be relocated somewhere else, however, he was not convinced that now is the time to do it. He stated that he would support the request before the Board, so that the Board could look at the numbers, however, he was not going to support it all the way, unless the Board receives some firm plans on what is going to be done with the present Fairgrounds site. He stated that he felt the Board needed to take a serious look at raising the level of the present Fairgrounds facility, as opposed to dropping it. He noted that he felt the County could do a lot more with the property than just use it for a Farmer's Market.
Mr. Anderson, Director of Facilities and Capital Improvements, stated that, depending upon the outcome of Public Financial
Management's (PFM) report (request before the Board this date), if it supports the concept of the plan, he would come back to the Board and request that a committee be created, to generate input as to what should be located at Lake County Central Park, as well as at the existing site.
Commr. Swartz stated that he shared some of Commr. Cadwell's concerns, noting that he did not feel the Board had before them the overall concept, to even proceed down the road and start spending $15,000 (estimated fee for PFM to do a financial plan). He questioned what the County plans to do with the existing Fairgrounds, if such a project comes into being, and whether the County could continue to afford the present Agriculture Building, due to the fact that some of the things being provided at the Agriculture Building will be provided at the new facility.
Commr. Swartz stated he was not convinced that (1) PFM was the place to spend money for what he feels the County's Finance Office could provide and (2) that he was not convinced that now was the time to spend it, with those unanswered questions, and that, before the Board approves the request before them, he would like to see some further development (a broader conceptual plan), at staff level, to give him a better feel of what is being proposed and how the County intends to pay for it, which he elaborated on.
Commr. Swartz stated that, with the proposal before him this date, he would vote against it, however, noted that the artist's rendering for the property in question was very appealing and might be something that, if all the loose ends could be brought together, he would ultimately support.
Commr. Bailey stated that staff has worked with the TDC, the IDA, and the Fair Board and they all support it, therefore, he felt if it can be done, it should be done. He stated that the Board could keep delaying it and studying it and it will never happen. He questioned what more could be done, than what has already been done, to present the plan to the Board.
Mr. Anderson stated that staff would concentrate on the revenue and management side, noting that one of the big changes they would look at would be to take on the role of promoter, as that is where the money is. He stated that the present Fairgrounds facility is a break-even type of operation, at best, noting that the end of this fiscal year will be the first year, in five years, that the County has not lost money at the Fairgrounds. He stated that the County had enough money come in from the rental of the facility and equipment, to where it broke even. He stated that he needed input from somebody like PFM, a financial advisor, because he did not have the staff, or time, to do such a study.
Commr. Gerber stated that she would like to have a simultaneous look at what the County is spending at the Fairgrounds and what it would cost to get the facility repaired and in decent shape. She stated that she would also like to see the TDC pick up some of the costs involved with the study.
Mr. Pete Wahl, County Manager, suggested that the request be approved, subject to the TDC picking up 1/3 of the costs involved, and that a simultaneous internal study be brought back to the Board at a later date.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board approved a request from Facilities and Capital Improvements for approval to have Lake County's financial advisors, Public Financial Management, Inc. (PFM), assist staff in developing a financial development and revenue study, at an estimated cost of $15,000.00, on the possible development of a Lake County Exposition Park and Fair, to be located at Lake County Central Park, with the Tourist Development Council to share in 1/3 of the cost, and that a simultaneous internal study be done, to come back to the Board at a later date.
Commr. Swartz voted "No".
PLANNING AND DEVELOPMENT/UTILITIES
Mr. Pete Wahl, County Manager, explained this request, stating that several weeks ago the issue of Silver Springs Citrus came before the Board and, during that meeting, the Board discussed a variety of policy issues related to the requirement for mandatory utilities connection. He stated that he had staff review the tapes from that meeting and the apparent direction from the Board was that, if an expansion proposed by an applicant does not involve any expansion of their water/wastewater system, then mandatory connection would not be required. He stated that, in the request before the Board this date, Locklando Door & Millwork, Inc. was proposing an expansion that would have absolutely no impact on their water/wastewater system, therefore, staff needed to confirm that what he alluded to earlier was the direction of the Board.
Commr. Cadwell stated that, with respect to the Silver Springs Citrus case, the Board felt that there was some impact, however, they did not feel that it was enough to deem them to hook up to the Howey-in-the-Hills facility. He stated that the Board does not want to send out the message that they are not being firm with the County's mandatory hookup and that the County needs to make sure that applicants understand that.
Mr. Wahl, County Manager, stated that staff was asking whether it was the Board's direction that, where there is no expansion of either the water or wastewater system, that the mandatory connection would not become an issue.
Mr. Jim Barker, Director of Environmental Management Services, appeared before the Board and answered questions regarding this request. He stated that staff has been working on criteria, however, noted that there are some other issues that they would like to address at the same time. He stated that, at the present time, their biggest problem is dealing with projects like the one in question. He stated that cases such as this are coming to the
County on a regular basis and staff would like the Board's direction on how to deal with them.
Mr. Frank Gaylord, County Attorney, interjected that the City Attorneys would be meeting the following week, to try to identify some of the problems and come to some sort of an agreement, regarding the matter, and that he hoped to have a report ready for the Board on October 18, 1994.
Commr. Swartz stated that he would like to have, as a result of the meeting with the City Attorneys and as a result of reviewing current and future proposed legislation, some type of written criteria, so that the County will not have to re-examine such cases each time they come before the Board and those individuals who want to expand, or develop, will have clear guidelines and not get mixed signals from the cities and staff. He stated that, when they go into the process, they should know what is required and should not have to rely on a waiver.
It was noted that the City of Tavares was supportive of the request for an exemption from mandatory utilities connection by Locklando Door & Millwork, Inc.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development for approval of Locklando Door & Millwork, Inc.'s request for an exemption from the mandatory utilities connection, conditioned upon the receipt of a variance from Health & Rehabilitative Services, and directed staff to develop, as soon as possible, criteria upon which both the Board and applicants will clearly understand when they must hook up and when they may not be required to hook up to existing utilities.
Mr. Wahl, County Manager, stated that there are a number of projects that come to the County where there is absolutely no water, wastewater, floor drains, or any other kind of impact, and questioned whether the Board wanted to continue to see each of those cases on an individual basis.
Commr. Swartz stated that, in those cases where the Cities are impacted by requests such as the one in question and they have reviewed the request and have no objections to it, then he feels staff should not go forward. However, based on the County's Land Development Regulations, or Comprehensive Plan, if one does not hook up, it is going to require a waiver, until the County receives criteria which has been adopted. He stated that the Board can still review them, until such time as the County picks some other process - either through LDRs, which are still consistent with the Comprehensive Plan, or by modifying the Comprehensive Plan.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
A brief discussion occurred regarding this request.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. David B. Frederick to the Lake County Environmental Protection Board, representing the position of Business/Industry, to fill the unexpired term of Mr. Dave Burkhardt, who resigned. The term will expire June 5, 1995.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
A brief discussion occurred regarding this request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Frank A. Stivender to the Lake County Planning and Zoning Board, to fill the unexpired term of Mr. Skellie Morris, who resigned. The term will expire February 28, 1995.
REPORTS
COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY/LANDFILLS
Mr. Frank Gaylord, County Attorney, informed the Board that he had provided them with a copy of the First Amendment to the Agreement between Lake County and Phoenix Construction Services, Inc., for the Umatilla Sanitary Landfill Closure. He stated that Phoenix Construction Services had signed the Amendment, thereby agreeing to repair, at no cost to the County, the 12 acre site at
the Umatilla Landfill that had been improperly constructed; provide a Performance Bond, in the amount of $600,000; and pay past, as well as future, engineering bills.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the County Attorney for authorization for the Chairman to sign the First Amendment to the Agreement between Lake County and Phoenix Construction Services, Inc., for the Umatilla Sanitary Landfill Closure.
REPORTS
COUNTY ATTORNEY
SUITS AFFECTING THE COUNTY
Mr. Frank Gaylord, County Attorney, informed the Board that the County had a pending lawsuit against Phoenix Construction Services, Inc., however, due to the fact that they indicated it would take approximately 18 weeks to complete the repair project alluded to earlier, requested authorization to file a Motion of Abatement and abate the existing lawsuit, until such time as the project has been completed. He noted that the project is scheduled to begin November 1, 1994.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the County Attorney for authorization to file a Motion of Abatement and abate an existing lawsuit between Lake County and Phoenix Construction Services, Inc., until such time as the Umatilla Landfill closure project has been completed (approximately 18 weeks from the date of November 1, 1994).
REPORTS
COUNTY MANAGER
MISCELLANEOUS
Mr. Pete Wahl, County Manager, informed the Board, for informational purposes, that the County had received a request from Leon County to provide them with an additional 10 inch pump, due to
an excessive amount of rainfall in that area, and that the County was providing said pump, with the stipulation that the County will retrieve it, if needed. He noted that the request falls under the State Mutual Aid Agreement.
No action was needed or taken.
REPORTS
COMMISSIONERS' BUSINESS
COMMITTEES
Commr. Gerber informed the Board, for informational purposes, that she had received word that the majority of the Lake County Charter Government Study Committee members do not wish to continue meeting, at this time, to further study the issue of a charter government.
No action was needed or taken.
REPORTS
COMMISSIONERS' BUSINESS
COMMISSIONERS/MEETINGS
Commr. Cadwell suggested that the Board Meeting of November 22, 1994 be rescheduled to November 29, 1994 and that only the Investiture and Reception for newly elected Commissioners be held on November 22.
A brief discussion occurred regarding the matter.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board rescheduled the Board Meeting set for November 22, 1994 to November 29, 1994, in order to hold the Investiture and Reception for newly elected Commissioners on November 22, 1994.
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a Resolution honoring the twentieth year of the Mt. Dora Bicycle Festival.
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a Resolution congratulating Mercer Products Company, Inc., on being named a 1994 Industry of the Year.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/BONDS
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the County Manager for approval and execution of an Agreement for the resignation of Barnett Banks Trust Company, N.A. and acceptance of the Bank of New York as Trustee for the Industrial Development Revenue Bond issue.
COMMISSIONERS
Commr. Hanson reminded the Board that they had been invited to attend an Industry Appreciation Luncheon, to be held at 11:30 a.m., at Silver Lake Country Club, sponsored by the Leesburg Chamber of Commerce, with Commissioner Linda Chapin, Chairman of the Orange County Board of County Commissioners, to be the keynote speaker.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:50 a.m.
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CATHERINE C. HANSON, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
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