The Lake County Board of County Commissioners met in regular session on Tuesday, December 6, 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; G. Richard Swartz, Jr., and William "Bill" H. Good. Others present were: James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance and Audit Department; Rolon Reed, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.
The Chairman opened the meeting and brought up for discussion the matter of the hiring of the Interim County Attorney, Rolon Reed, and the fact that he did not meet the County's five year requirement of having practiced law within the State of Florida, prior to being hired as Interim County Attorney.
It was the consensus of the Board that this matter be discussed later in the meeting.
ELECTION OF OFFICERS
Election of Chairman
Commr. Swartz nominated Commr. Gerber as Chairman of the Board of County Commissioners for 1995.
Being there were no other nominations, Commr. Cadwell made a motion that the nominations cease.
The Chairman called for a vote on the motion, which was carried unanimously.
Commr. Hanson turned the Chairmanship over to Commr. Gerber.
Election of Vice-Chairman
Commr. Swartz nominated Commr. Good as Vice-Chairman of the Board of County Commissioners for 1995.
Commr. Hanson nominated Commr. Cadwell as Vice-Chairman, however, Commr. Cadwell declined the nomination.
Being there were no other nominations, Commr. Cadwell made a motion that the nominations cease.
The Chairman called for a vote on the motion, which was carried unanimously.
Commr. Cadwell turned the Vice-Chairmanship over to Commr. Good.
PRESENTATION OF GAVELS
Mr. James C. Watkins, Clerk, presented Commr. Hanson with a gavel honoring her term as Chairman of the Board of County Commissioners for 1994. He also recognized the fact that she was the first female Chairman of the Board of County Commissioners for Lake County. He then presented Commr. Cadwell with a gavel honoring his term as Vice-Chairman of the Board of County Commissioners for 1994.
RECESS & REASSEMBLY
At 9:15 a.m., the Chairman announced that the Board would take a five minute recess.
MINUTES
Regarding the Minutes of September 27, 1994 (Regular Meeting), the following was requested:
On Page 24, Line 24 change $27.00 to $127.00.
On Page 26, Line 13, change of to or.
On Page 27, Line 2, change peculation to percolation.
On Page 28, Lines 32 and 33, change 3 - 1 vote to 3 - 2 vote.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of September 27, 1994 (Regular Meeting), as corrected.
Regarding the Minutes of October 18, 1994 (Regular Meeting), the following was requested:
On Page 17, Line 28, change meet to met.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of October 18, 1994 (Regular Meeting), as corrected.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of October 25, 1994 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of November 1, 1994 (Regular Meeting), as presented.
AGENDA UPDATE
Mr. Pete Wahl, County Manager, informed the Board that Commr. Swartz had requested a status report on health insurance and that Mr. Wayne Hamilton, Risk Manager, would be giving a presentation regarding same, under the County Manager's Report, later in the meeting. He further noted that Mr. Rolon Reed, Interim County Attorney, had requested that the Board postpone action regarding Tab 12, under the County Manager's Consent Agenda, a request to accept an Agreement between Lake County and Leisure Communities, Ltd. (Pennbrooke, Phase I-F) Relating to the Issuance of Building Permits while Platting is in Progress, until the Board Meeting of December 13, 1994.
Commr. Hanson stated that she would like to discuss the 50th commemorative year of the end of World War II, under her Commissioners' Business, in addition to the issue of the hiring of Interim County Attorney, Rolon Reed.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved changes in the Agenda, as noted.
EMPLOYEE AWARDS
Commr. Gerber presented Employee Awards, as follows:
Plaques to Employees with Five Years of Service to the County
Gerald D. Bramlett, Mosquito Control Inspector I, Public Services/Special Services/Mosquito & Aquatic Plant Management/Mosquito Management & Maintenance
D. Marie Galusha, Secretary II, Community Services/Veterans Service Division
Bonnie K. Lynch, Map Services Technician, Public Services/Engineering Division/Technical Support
Plaque to Employee with Ten Years of Service to the County
Frank R. Johnson, Equipment Operator II, Public Services/Roads Division/Maintenance Area III (Umatilla)
LAKE COUNTY BOARDS AND COMMITTEES AWARDS
Presentation of Certificates
William "Bill" H. Good, for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993 to 1994
Mark Ricker, for his service to Lake County as a member of the Lake County Affordable Housing Advisory Committee from 1992 to 1994
Gregory K. Shamrock, for his service to Lake County as a member of the Lake County Animal Control Ordinance Study Committee from 1993 to 1994
Ronald Gordon, for his service to Lake County as a member of the Lake County Animal Control Ordinance Study Committee from 1993 to 1994 (Not present for presentation)
J. Skellie Morris, for his service to Lake County as a member of the Lake County Planning and Zoning Commission from 1993 to 1994
Tom Chapman, for his service to Lake County as a member of the Lake County Planning and Zoning Commission from 1991 to 1994
LeRoy Oliver, for his service to Lake County as a member of the Lake County Rails to Trails Task Force from 1993 to 1994
Rose Balser, for her service to Lake County as a member of the Lake County Transportation Disadvantaged Coordinating Board from 1991 to 1994
CLERK OF CIRCUIT COURT
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Chi Gai Nguyen, in the amount of $50.00, Case No. 88-2-CJ.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction and Release of Lien for Marshall H. Gaard, in the amount of $1,000.00, with regard to Order of Fine dated April 16, 1993.
Budgets/Budget Office/Budget Transfers//Solid Waste/Public Services/Mosquito-Aquatic Plant Management/Sheriff's Office
Request for approval of Budget Transfers, Budget Amendment, Resolution, and For Your Information Item, from the Finance and Audit Department, as follows:
Budget Transfers
Fund: Landfill Enterprise Fund
Department: Solid Waste
Special Reserve $ 700,000
Construction Reserve 500,000
To: Contractual Services 1,200,000
Transfer No.: 95-018
Justification: Based on the U.S. Environmental Protection Agency ruling relating to the Clean Air Act, capital modifications are required at the Ogden Martin facility.
Fund: Several
From: Operating, Personal Services $ 276,443
To: Operating, Personal Services 276,443
Transfer No.: 94-421 (FY 93-94)
Justification: End of fiscal year 1993/94 adjustments to reflect final budget adjustments for Personal Services and Operating Expenses.
Fund: General
Department: Public Services
From: Improvements other than Building $ 255,000
To: Aids to Governmental Agencies 255,000
Transfer No.: 95-026
Justification: To properly account for funds budgeted as grants to other agencies.
Budget Amendment
Funds: General, Transportation,
Mosquito Management, Aquatic
Plant, Imperial Terrace,
Commissary Trust
Revenue: Fund Balance - Beginning of year $ 356,238
Expenditure: Contingency 356,238
Amendment No.: 94-422
Justification: Amend budget to reflect actual beginning fund balance for Fiscal Year 1993/94.
Resolution
Fund: General Fund
Department: Constitutional Officers
Division: Sheriff
Revenue: Police Services $ 5,000
Expenditures: Law Enforcement - Deputies 5,000
Resolution to bring in unanticipated monies from the Town of Montverde, in the amount of $5,000.00, for public safety services.
For Your Information Item
List of items, indicated on Budget Transfer Summary, approved by the County Manager, based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit of the County Manager from $10,000.00 to $25,000.00.
Accounts Allowed/County Property
Request to approve list of items (3) to be deleted from Fixed Assets, for the month of November, 1994, in the amount of $7,108.49.
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.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 94-25, from the City of Tavares, adopted by the Tavares City Council on August 3, 1994, amending the boundaries of the City of Tavares by including within the City limits property generally described as 85 acres located on the southwest corner of Lane Park Cutoff and CR561.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 94-27, from the City of Tavares, adopted by the Tavares City Council on September 21, 1994, amending the boundaries of the City of Tavares Code, by including within the city limits property generally described as approximately 11.5 acres, located at the northeast corner of Old 441 and Old Hammock Road.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending October 31, 1994, in the amount of $125,632.69. Same period last year: $125,045.95.
Municipalities/State Agencies
Request to acknowledge receipt of State of Florida, Department of Transportation, Planning and Public Transportation, Notice of Intent, "Proposed Private Seaplane Base", application of Oliver P. Kennedy, Groveland, Florida - Public Meeting will be conducted on December 15, 1994, at 6:00 p.m., at the Groveland City Hall Commission Chambers, 156 S. Lake Avenue, Groveland, Florida.
PUBLIC HEARING
ACCOUNTS ALLOWED/BONDS/COMMUNITY SERVICES
CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS
Ms. Arleen Driver, Orange County Housing Finance Authority, appeared before the Board to answer any questions there might be regarding this request.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Good noted a scrivener's error on Page 2 of the Interlocal Agreement between the Board of County Commissioners and the Orange County Housing Finance Authority (OCHFA).
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request from the County Manager for ratification of the issuance of Single Family Mortgage Revenue Bonds, not to exceed $75,000,000.00, by the Orange County Housing Finance Authority, and authorized the Chairman to sign the Resolution and any other necessary documentation pertaining to same.
PUBLIC HEARING
ROAD VACATIONS
PETITION NO. 768 - LAKE COUNTY PUBLIC SERVICES - MASCOTTE AREA
Mr. Jim Stivender, Jr., Director, Public Services, explained this request, stating that it had been postponed from the October 4, 1994 meeting so that adjacent property owners could have their legal descriptions checked. He stated that the County has not received signed deeds to the property in question, to date; however, was willing to go ahead with the road closing, with the understanding that it would receive the deeds, prior to the Chairman's signature on the Resolution.
The Chairman opened the public hearing.
Ms. Jane Geraci, an adjacent property owner to the property in question, appeared before the Board questioning exactly what the County would own, if the road vacation was approved.
Mr. Stivender informed Ms. Geraci that the County would own from the property line to the center of the road, which he noted may not be a physical center line, but a surveyor's center line.
Ms. Geraci was informed that none of her property would be involved in the road vacation.
Mr. Charles Rydzewski, an adjacent property owner to the property in question, appeared before the Board stating that he had had the surveys checked and found that everything was in order, therefore, was ready to clear the title. He noted that he was not opposed to the road vacation.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Public Services for approval of Road Vacation Petition No. 768 (Resolution), by Jim Stivender, Jr., Lake County Public Services, to vacate American Legion Road (2-1711), Section 14, Township 22, Range 24, Mascotte Area - Commissioner District 2, subject to the County receiving signed Rights-of-Way Deeds prior to the signature of the Chairman on the Resolution.
PUBLIC HEARING
ROAD VACATIONS
PETITION NO. 769 - STEPHEN AND TERESA DURDEN - ALTOONA AREA
Mr. Jim Stivender, Jr., Director, Public Services, explained this request and answered questions from the Board regarding same.
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. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Public Services for approval of Road Vacation Petition No. 769 (Resolution), by Stephen and Teresa Durden, to vacate Lake Shore Drive, Lake King Gardens, Section 32, Township 17, Range 27, Altoona Area - Commissioner District 5.
COUNTY MANAGER'S CONSENT AGENDA
It was noted that, earlier in the meeting, it had been requested that Tab 12 be pulled from the Consent Agenda and postponed until the Board Meeting of December 13, 1994.
Commr. Swartz requested that Tab 19 be pulled and discussed separately.
Commr. Gerber stated that she had asked Ms. Wendy Breeden, Library Coordinator, to combine Tabs 5, 6 and 7 and requested that they be pulled from the Consent Agenda and discussed separately.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Budgets/Budget Transfers/Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval of budget transfer to move funds from one line item to another, within the Cost Center, for FY 1994-95, as follows:
Transfer From: Renovation - Round Courthouse $26,626.79
Transfer To: Professional Services 26,626.79
County Employees/Human Resources
Request from Human Resources for approval of Certificates for employees with one year of service to the County.
County Employees/Human Resources
Request from Human Resources for approval of Certificates for employees with three years of service to the County.
Resolutions/Roads-County and State/Subdivisions
Planning and Development
Request from Planning and Development for approval of Resolution accepting the following roads into the County Maintenance System, for the Sawgrass Bay Subdivision a/k/a Savannas: Green Cove Boulevard (2-0258); Cinnamon Fern Loop
(2-0258A); and Pine Lily Court (2-0258B).
Accounts Allowed/Planning and Development/Subdivisions
Request from Planning and Development for approval and acceptance of an Irrevocable Letter of Credit, in the amount of $4,400.00, for Summit Landing, Phase II, for maintenance, 21 lots -Commissioner District 3.
Accounts Allowed/Planning and Development/Subdivisions
Request from Planning and Development for approval and acceptance of two Letters of Credit, in the amounts of $10,000.00 and $5,000.00, drawn on the First Union National Bank and United South Bank, for maintenance on the Cross Tie Ranch, Phase I Project, 40 lots - Commissioner District 4.
Contracts, Leases and Agreements/Planning and Development
Municipalities/Zoning
Request from Planning and Development for approval, acceptance, and execution of an Agreement between the Board of County Commissioners and Delores E. Barfett, for a Temporary Non-Conforming Zoning Use, to place a travel trailer on property located on Third Street, Astor, while the conventional home is being built - Commissioner District 4.
Deeds/Planning and Development/Zoning
Rights-of-Way, Roads and Easements
Request from Planning and Development for approval to accept a Non-Exclusive Easement Deed from Al Janney, for the creation of four lots in Agriculture zoning, on an easement off of Youth Camp Road (2-2403), in Commissioner District 2.
Deeds/Planning and Development/Zoning
Rights-of-Way, Roads and Easements
Request from Planning and Development for approval to accept a Non-Exclusive Easement Deed from Robert Eulett and Gerald Eulett, for the creation of six lots in Agriculture zoning, on an easement off of Orange Blossom Road (3-2834), in Commissioner District 3.
Deeds/Planning and Development/Zoning
Rights-of-Way, Roads and Easements
Request from Planning and Development for approval to accept a Non-Exclusive Easement Deed from Mr. and Mrs. Lyford and Sonya Wilde, for the creation of two lots in Agriculture zoning, on an easement off of County Road 455, in Commissioner District 2.
Deeds/Public Services/Roads-County and State
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 376
Applicant: A. S. Herlong, Ltd.
Location: East of Leesburg: Section 24, Township 19 South, Range 24 East
Recommend: Reserve 30 feet from centerline of Mill Street (a/k/a Griffin Avenue), per letter from the City of Leesburg
Deeds/Public Services/Roads-County and State
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 519
Applicant: Board of County Commissioners of Lake County
Location: Block 40, City of Tavares
Recommend: Release all reservations, per letter from Mary Ann Carney, City Clerk, City of Tavares (existing R/W, 40 feet from centerline,
on Main Street)
Deeds/Public Services/Roads-County and State
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 1312
Applicant: Barbara S. Wray
Location: East of Mt. Dora: Section 35, Township 19 South, Range 26 East
Recommend: Reserve 25 feet from centerline of Oakshade Drive (3-4059)
Deeds/Public Services/Roads-County and State
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2857
Applicant: George R. Linn, Jr. and E. Juanita Linn
Location: East Umatilla Subdivision
Recommend: Reserve 33 feet from centerline of West 5th Avenue (5-7876B)
Deeds/Public Services/Rights-of-Way, Roads and Easements
Roads-County and State
Request from Public Services for approval and acceptance of the following Deeds:
Non-Exclusive Easement Deeds
Charles H. Siepiela and Alberta Siepiela, as Trustees
Hwy. 441 Cross-Access
Green Thumb Garden Center Corporation
Nancy Avenue and Georgia Street
Statutory Warranty Deeds
Robert J. Eulett and Gerald R. Eulett
Orange Blossom Road (3-2831)
Kenneth D. Wells
Jack Underwood Road (2-1630)
Green Thumb Garden Center Corporation
Pennsylvania Street (4-8991)
Patricia D. Majeroni
Lake Louisa Road (2-0847)
Richard A. and Margaret M. Westerman
Hoboh Lane (2-0426)
Singleton Farms, Inc.
Lake Burns Road (5-7575) and
Cemetery Road (5-7676)
Jeanene H. McNeely
Sunnyside Drive (1-4122)
William Feikert and Barbara Feikert,
General Partners, B and B Properties
Bay Road (3-4260) and Old Hwy. 441
Forest Hills United Methodist Church, Inc.
County Road 42 and Evergreen Drive
James Harris and Herdasine Harris
Eagles Nest Road (1/5-6611)
Glenn A. Schwab and Tami R. Schwab
County Road 44
Tulon Davis and Frances C. Davis
County Road 44
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 contracts, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
SHERIFF'S OFFICE $ 7,200.00
Chris Cox/Authorization to exercise our option to renew the existing lease, pending the County Attorney's approval, and encumber funds. This agreement is for the rental of office space for the Sheriff's Office. Terms of this agreement are for a one (1) year renewal.
TAX COLLECTOR'S OFFICE $30,356.88
Tavares Associates/Authorization to issue a contract number and have the Board authorize the contract, pending the County Attorney's approval. This agreement is for rental of office space for the Tavares Tag Agency. Terms of this agreement are for three (3) years.
TAX COLLECTOR'S OFFICE $12,687.50
John Roberts Realty/Authorization to issue a contract number and have the Board authorize the contract, pending the County Attorney's approval. This agreement is for the rental of office space for the Eustis Tag Agency. Terms of this agreement are to rent on a month to month basis.
Resolutions/Water Authority
Request from the Lake County Water Authority for approval of a Resolution establishing a minimum wake zone on a portion of the Palatlakaha River.
ACCOUNTS ALLOWED/BUDGETS/CONTRACTS, LEASES AND AGREEMENTS
LIBRARIES/MUNICIPALITIES
Ms. Wendy Breeden, Library Coordinator, appeared before the Board, explained this request, and answered questions regarding same.
On a motion by Commr Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request from Community Services for adoption of the Fiscal Year 1994-95 Annual Plan of Service and Budget for the Lake County Library System; approval and signature of Cooperative Acquisitions Agreement with Central Florida Library Consortium, subject to review and approval by the County Attorney; and approval, signature, and encumbrance of funds for 1995 McNaughton Book Leasing Plan for Cooper Memorial Library, Lady Lake Public Library, and Tavares Public Library, for a total of $22,368.72.
PUBLIC SERVICES/ROAD PROJECTS
Mr. Jim Stivender, Jr., Director, Public Services, explained this request and answered questions from the Board regarding same.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Public Services for approval to advertise a Request for Proposal (RFP) for Consulting Engineering Services, pursuant to the CCNA Act, Chapter 187 of the Florida Statutes, for a Transportation Study of East Lake County and a Project Development and Environmental Study (PD&E), for Eustis By-Pass Project No. 3-95. Impact Fee Benefit Districts 1 and 2 - Commissioner Districts 3, 4 and 5.
TIME CERTAIN
REPORTS/WATER AUTHORITY
Mr. Will Davis, Executive Director, Lake County Water Authority, appeared before the Board and gave a presentation of the Annual Report to update the County Commissioners regarding the joint Lake County Board of County Commissioners and the Lake County Water Authority's efforts regarding a county-wide Geographic Information System (GIS). He discussed work that had been performed, utilizing the GIS, during fiscal years 1993 and 1994, some of the highlights of the project, educational accomplishments over the past two fiscal years, and goals that have been set for the coming fiscal year.
A brief discussion occurred regarding the report, at which time Mr. Davis answered questions from the Board regarding same.
No action was needed or taken.
TIME CERTAIN
OUTDOOR RECREATION
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board and gave a presentation regarding recreational capital infrastructure sales tax projects that were funded during FY 1993-94, at which time he showed slides of the various projects and answered questions from the Board regarding same.
No action was needed or taken.
The Board thanked Mr. Pula and staff for a job well done.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
COMMITTEES/MUNICIPALITIES/OUTDOOR RECREATION
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Public Services for approval and execution of Agreements between Lake County and the City of Fruitland Park, City of Eustis, City of Mt. Dora, Town of Lady Lake, the Astor Lions Club, Inc., and the Greater Altoona Society, Inc., recipients of the Parks and Recreation Capital Improvement Program for Fiscal Year 1994-95 and expenditure of funds, in the amount of $165,000.00.
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would take a ten minute recess.
CITIZEN AND COMMENT PERIOD
Mr. George Winters, a local resident, appeared before the Board and stated how he felt the Board had handled itself in the past and how he felt it should handle itself in the future. He further stated that he felt the Board should readdress the issues of an independent audit being made of county operations; a charter government; the Wetlands Ordinance; and the Waste-to-Energy Facility.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COUNTY MANAGER/LAWS & LEGISLATION
Mr. Pete Wahl, County Manager, explained this request and answered questions from the Board regarding same.
A brief discussion occurred regarding the matter, at which time Mr. Wahl stated that, if there were specific issues that the Board might want to address, he did not feel that it would hurt anything for the Board to postpone action on this matter for a week, so that the Board could come back and do a final adoption of the papers at that time, or, if there were any modifications to the existing position, they could address them at that time.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board postponed action regarding a request from the County Manager to adopt legislative position papers, to be presented to the legislative delegation, until the Board Meeting of December 13, 1994, as well as the Florida Association of Counties' recommendation on the issue of the State Legislative Program.
Commr. Swartz requested staff to, in the interim, inquire as to a date certain that the legislative delegation would need to have said information, in order to pre-file a Bill.
COUNTY MANAGER/JAILS/SHERIFF'S DEPARTMENT/STATE AGENCIES
Mr. Pete Wahl, County Manager, explained this request, stating that the Sheriff recommended that the proposal from the Florida Department of Corrections (DOC) to lease Jail space at Prelude be rejected, which he elaborated on.
A brief discussion occurred regarding the request.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board postponed action regarding a proposal from the Florida Department of Corrections (DOC) to lease jail space at Prelude until a later date and requested staff to obtain a Cost Benefit Analysis from DOC, clarify certain issues, and then have the Sheriff appear before the Board and give them an indication as to whether or not he would want to approach DOC with another set of conditions under which the Board would proceed affirmatively.
BUDGETS/BUDGET TRANSFERS/COMPUTER SERVICES
INFORMATION SERVICES
Mr. Pete Wahl, County Manager, explained this request, stating that the funds being requested to be transferred are monies that were identified within the program replacement/repair budget for the coming year.
Commr. Swartz stated that he did not understand why the personal computer and printer being requested to be replaced were not included in the budget that the Board approved for replacement.
Ms. Laura Nichols and Ms. Melissa Chorpening, Information Services/Computer Services, appeared before the Board and answered questions regarding the request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Information Services for approval to transfer funds from the Contingency Fund to Machinery and Equipment, for Computer Services.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Pete Wahl, County Manager, explained this request.
A brief discussion occurred regarding the request.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board postponed action regarding a request to appoint individuals to vacancies on the Board of Building Examiners until a later date and requested the Chairman to send a letter to the Chairman of the Board of Building Examiners requesting them to review two applications that have been requested for consideration and determine whether or not they would meet the needs of their group and to recognize the fact that the Board of County Commissioners is interested in giving citizens of the County an opportunity to serve and ask the Board of Building Examiners for a recommendation regarding same.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Contracts, Leases and Agreements/Planning and Development
Subdivisions
Request from Planning and Development for approval and acceptance of Agreement between Lake County and the Greater Construction Corporation Relating to the Issuance of Building Permits While Platting is in Progress, for the Greater Pines, Phase II Subdivision, 25 building permits - Commissioner District 2, subject to review and approval by the County Attorney.
Accounts Allowed/Bonds/Planning and Development/Resolutions
Roads-County and State/Subdivisions
Request from Planning and Development for approval and acceptance of a Maintenance Bond, in the amount of $94,593.00, for Eagleridge PUD, and approval of a Resolution accepting
the following roads into the County Maintenance System, in accordance with the Developer/Lender/County Agreement: Golden Eagle Boulevard (2-0160), Black Hawk Street (2-0160C), White Eagle Street (2-0160D), and Coopers Hawk Avenue (2-0161), subject to review and approval by the County Attorney.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/HUMAN RESOURCES
Ms. Lois Martin, Director, Human Resources, appeared before the Board and explained this request, at which time she noted that revised information pertaining to the request had been distributed to the Board, this date, which she elaborated on.
A brief discussion occurred regarding the request, at which time Ms. Martin noted that each Commissioner was allowed to appoint two people to the County Manager Advisory Selection Committee.
Commr. Swartz pointed out the fact that sometimes the County appoints individuals to ad hoc committees such as this one and none of the Commissioners know, until the Board Meeting, the names of individuals that are being recommended and, as a result, sometimes there is not a good balance of people from the community, such as gender, geographical location, etc. He recommended that each Commissioner list several names that they are considering and have same included in the backup material for the December 13, 1994 meeting, for discussion, in order to try to come up with a good balance of people.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board postponed action regarding a request from Human Resources for approval of appointments to the County Manager Selection Advisory Committee until the Board Meeting of December 13, 1994.
It was noted that the Commissioners would try to have available, for inclusion in their Agenda books, the names of individuals that they are recommending for the County Manager Advisory Selection Committee.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/HUMAN RESOURCES
Mr. Pete Wahl, County Manager, informed the Board that this request (Revised Tab 6), which Ms. Lois Martin, Director, Human Resources, distributed to the Board this date did away with the need for Tab 5, a request for approval of appointments to the County Attorney Advisory Selection Committee.
A brief discussion occurred regarding Tab 6.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved a request from Human Resources that reimbursement of interview expenses of candidates selected for interview(s) for County Attorney be handled in the same manner as the County Manager selection process.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Human Resources for approval of the Recruitment and Selection Process for County Attorney, as submitted with Memorandum No. 94-12-200; and approval of the starting salary range for the County Attorney's position.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board postponed action regarding a request from Human Resources for approval of appointments to the County Attorney Selection Advisory Committee until the Board Meeting of December 13, 1994.
OTHER BUSINESS
COUNTY ATTORNEY/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Receipt and Release Agreement between Lake County and Frank T. Gaylord, P.A., subject to review and approval by the law firm of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland, & Bramnick, the County's labor attorneys.
REPORTS
COUNTY MANAGER
ACCOUNTS ALLOWED/COMMISSIONERS
Mr. Pete Wahl, County Manager, explained this request.
A brief discussion occurred regarding the request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a request from the County Manager for approval to participate in the funding of Lake County Day, to be held April 3, 1995, in the amount of $150.00.
REPORTS
COUNTY ATTORNEY
COUNTY PROPERTY/LANDFILLS
Mr. Rolon Reed, Interim County Attorney, updated the Board regarding an offer that the County had made to Mr. Leonard Phillips, in the amount of $42,000.00, for the acquisition of a parcel of property that he owns, which is contiguous to the Lady Lake Landfill.
Mr. Reed stated that the County had not received a counter-offer, to date, regarding the matter (postponed from November 29, 1994), therefore, recommended that it be continued until the Board Meeting of December 13, 1994, or until the County receives a counter-offer from Mr. Phillips.
REPORTS
COUNTY MANAGER
COUNTY EMPLOYEES/INSURANCE/RISK MANAGEMENT/HUMAN RESOURCES
Mr. Pete Wahl, County Manager, informed the Board that Commr. Swartz had requested an update at the prior Board Meeting on the implementation process of the County's health insurance program and that staff was prepared to do so.
Mr. Wayne Hamilton, Risk Manager, appeared before the Board and gave a brief update of the insurance program.
Discussion occurred regarding the matter, at which time Mr. Hamilton answered questions from the Board regarding same.
It was the consensus of the Board that staff be directed to request Humana to look at other prescription provider vendors, in addition to the ones currently being used.
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a Resolution in honor of T. H. Poole, Executive Director, NAACP (National Association for the Advancement of Colored People) on his retirement.
REPORTS
COMMISSIONERS' BUSINESS
CONTRACTS, LEASES & AGREEMENTS/JAILS/STATE AGENCIES
Commr. Swartz requested the Interim County Attorney, Rolon Reed, to give the Board an update, at a future meeting, on the previous INS (Immigration & Naturalization Service) contract that the County has and current status regarding same, with respect to billing.
REPORTS
COMMISSIONERS' BUSINESS
BUILDING DEPARTMENT/PLANNING AND DEVELOPMENT
Commr. Swartz requested the Interim County Attorney, Rolon Reed, to give the Board an update, at a future meeting, on the issue of the Board of Building Examiners, with respect to rotation of term limits, and to bring back to the Board options and approaches that other counties use regarding same; and an update regarding the issue of occasional non-licensed building contractors practicing in Lake County and the fact that the County was going to try to implement some type of process to eliminate that from occurring.
ADDENDUM NO. 1 (CONT'D.)
REPORTS
COMMISSIONERS' BUSINESS
RESOLUTIONS/MISCELLANEOUS
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a Resolution in appreciation of The Lake Sentinel Community Concert Band, to be presented to Mr. Bill Bond (Columnist for The Lake Sentinel and founder of the band) and his band, at a later date.
REPORTS
COMMISSIONERS' BUSINESS
COUNTY EMPLOYEES/STATE AGENCIES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request for Lake County to participate in the Fundraising Efforts of the Environmental Fund of Florida, by authorizing an employee campaign.
REPORTS
COMMISSIONERS' BUSINESS
MISCELLANEOUS
Commr. Hanson brought to the attention of the Board the fact that Mr. Bill Bond, Columnist for The Lake Sentinel, and Mr. Bill Horan, Lake County Historical Museum, had sent her, by FAX, a schedule of submarines that were lost during World War II and the dates that they went lost and had requested that the County fly the Flag of the Submarine Veterans of World War II at half-mast on each of the days that one or more of the submarines were lost. She requested approval of the request.
A brief discussion occurred regarding the matter.
Commr. Cadwell stated that he felt the County should place notices on county entrance doors indicating why the flags were being flown at half-mast.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved a request that the County, beginning in January, 1995, follow the schedule provided, commemorating the 50th year of the end of World War II and fly the Flag of the Submarine Veterans of World War II at half-mast, on each of the days that one or more of the submarines were lost, in honor of the over 3,500 crew members that were lost in 52 downed submarines, and directed staff to place notices on County entrance doors, on each of the days indicated in the schedule, reflecting same.
Commr. Hanson interjected, for informational purposes, that a group was formed who is planning various activities and events during the year honoring same. She noted that the Federal Government is participating, as well.
REPORTS
COMMISSIONERS' BUSINESS
COMMISSIONERS/MISCELLANEOUS
Commr. Hanson brought up for discussion the issue of The Commissioners' Corner, a program that has been aired on Lake Sumter Community College's television station, and the need to continue with same, as it has proven to be very helpful to the community.
A brief discussion occurred regarding the matter.
It was the consensus of the Board to continue with said program.
COUNTY ATTORNEY
Commr. Hanson brought up for discussion the matter of the hiring of the Interim County Attorney, Rolon Reed, and the fact that he did not meet the County's five year requirement of having practiced law within the State of Florida (as stated in Ordinance No. 1990-6), prior to being hired as Interim County Attorney. She stated that, once that fact came to her attention, as Chairman of the Board of County Commissioners at that time, she felt that it was imperative upon her to notify the Commissioners that this had happened, thus, the reason for her writing a letter to Mr. Reed informing him that he did not meet said requirement.
Commr. Hanson stated that she had spoken to several attorneys about the matter, one being Mr. Greg Stewart, with the Florida Association of Counties, who she noted is the General Counsel for same and that, as he saw it, the County had three choices, being (1) uphold Ordinance No. 1990-6, as it is; (2) waive the requirement; and (3) amend the Ordinance. She stated that she did not have an agenda one way or the other, however, felt that there should be some discussion regarding the matter, to make sure that there is a clear understanding of the direction that the Board is going. She stated that, due to the fact that the Ordinance is a County Ordinance, she felt it was very important that the Board comply with it. She further stated that Mr. Reed had responded to her letter by stating that the Board, as Commissioners, should not be interpreting law, however, she disagreed, stating that her understanding was that the Board interprets its own Ordinances and that they have the ability to amend them, as well.
Commr. Hanson referred to a letter which the Board had received from Mr. Jeffrey Mandel, dated December 6, 1994, from the law firm of Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, the County's labor attorneys, regarding the matter, and urged the Board to read it, if they had not yet done so. She stated that she felt it might be imperative on the Board to seek outside counsel's opinion, in writing, as to the implications of not following its own Ordinance.
Commr. Cadwell stated that he would like for the Board to request the County's labor attorneys (alluded to above) for an opinion and if that opinion comes back that the hiring of Mr. Reed is not legal, according to the County's own Ordinance, and the majority of the Board votes to change that Ordinance, then he feels that they should do so, in order to alleviate the perception that something is not right. He stated that, if the labor attorneys give the Board a written opinion that the hiring is legal, then they should move forward, and, if it is not legal, then the Board can take whatever action they deem necessary to make it legal.
Commr. Swartz stated that he was aware that Mr. Reed's qualifications (4 1/2 years of experience in practicing law in the State of Florida) did not meet the minimum requirement for the full-time permanent position of County Attorney, however, past practice would indicate that strict adherence to the requirement for County Attorney or County Manager, on an interim basis, has not been the subject of any discussion, whatsoever. He noted, however, that in an effort to put this issue behind them, while the enacting Ordinance for County Attorney does list a specific professional qualification for the position of County Attorney, there is also a section that stresses appointing an Acting County Attorney, in the case of vacancy, temporary absence, or disability, until a successor has been appointed and qualified. He stated that one could read into that that the Acting County Attorney need not meet the same qualifications as that of a County Attorney.
Commr. Swartz stated that he felt it would be prudent for the Board to avoid this type of issue in the future, for both the County Attorney's position, as well as the County Manager's position, by proposing language, to be added to the Ordinances, where it refers to the appointment of an Acting County Attorney, during the vacancy or temporary absence of same. He referred to some proposed language that had been distributed by Ms. Lois Martin, Director, Human Resources, stating that it allows the Board the same discretion that it has used in the past, in selecting an Acting County Manager, to be able to use some discretion to fill in, in an acting capacity, a person who may not meet the literal, technical description of the job requirements, but is capable and competent of doing the job and with the discretion of the hiring authority of performing the duties and responsibilities of the position in an effective and efficient manner. He recommended that the Board amend the existing Ordinances for both the County Manager and the County Attorney and add the proposed policy language that he alluded to earlier, that had been distributed by Ms. Martin, for the Board's perusal.
A motion was made by Commr. Swartz and seconded by Commr. Hanson to instruct the County Attorney's Office to prepare amendments to both the County Manager's and the County Attorney's Ordinances enacting legislation that would bring back language similar to proposed language submitted this date, in order to remove any question as to the Board's ability regarding the hiring of an Interim County Manager and/or Interim County Attorney.
Under discussion, Commr. Hanson stated that, in answer to the question of why the issue of qualifications had not come up before, the individuals who were hired were qualified, based on the County's Ordinance. She stated that the issue pointed out to her the need for the Board to make a change it its Ordinances.
Commr. Good stated that he would support the motion, due to the fact that he liked the idea of maintaining flexibility and the prerogative of the Board to hire, on an interim basis, attorneys or managers that they feel are qualified.
Commr. Swartz suggested that, in order to make sure future Boards are not put into a position such as the one presently being faced by this Board, the County Attorney's Office, in consultation with the labor attorneys, create language that makes it clear as to how the Board can deal with this type of interim situation in the future.
The Chairman called for a vote on the motion, which was carried unanimously.
COMMISSIONERS
Commr. Gerber, newly elected Chairman of the Board of County Commissioners, noted present and future goals of this Board. She stated that the Board will expect the best from staff and that their goal is to make Lake County the most desirable place to live and work and she feels that they will accomplish that.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 p.m.
_______________________________
RHONDA H. GERBER, CHAIRMAN
ATTEST:
___________________________________
JAMES C. WATKINS, CLERK
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