A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 13, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, December 13, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz; Catherine C. Hanson; and Welton G. Cadwell. Others present were: James C. Watkins, Clerk of Circuit Court; Rolon W. Reed, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance & Audit Department; and Marlene S. Foran, Deputy Clerk.

Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Pete Wahl, County Manager, requested that a request from Facilities & Capital Improvements, for authority to waive the Solid Waste Flow-Control Ordinance in the case of the Clermont police station renovation work for the purpose of asbestos contamination disposal, be placed on the agenda this date.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to place on the agenda a request for authority to waive the Solid Waste Flow-Control Ordinance in the case of the Clermont police station renovation work for the purpose of asbestos contamination disposal.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of November 22, 1994 (Special Meeting-Investiture), as presented.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the following requests:



Accounts Allowed/Budget Transfers/Community Services

Human Resources/Planning

Request for approval of Budget Transfers, Authorization to Pay, and For Your Information Item from the Finance and Audit Department, as follows:



BUDGET TRANSFERS:



1. Fund: General

Department: Community Services/Human Resources

From: Contingency $8,865.00

To: Personal Services $8,865.00

Transfer No.: 95-032



Justification: Funding needed for Personal Services cost for Volunteer Coordinator. Transfer contingent upon Board approval of this position.



2. Fund: General

Department: Planning & Development/Community Services

From: Professional Services $25,000.00

To: Several $25,000.00

Transfer No.: 95-033



Justification: Monies that were budgeted for microfilming in Code Compliance Professional Services account will be more conveniently placed under Community Services Records Management accounts.



3. Fund: General

Department: Planning & Development/Community Services

From: Professional Services $25,000.00

To: Several $25,000.00

Transfer No.: 95-034



Justification: Monies that were budgeted for microfilming in Environmental Management Professional Services account will be more conveniently placed under Community Services Records Management accounts.



4. Fund: General

Department: Planning & Development/Community Services

From: Professional Services $25,000.00

To: Several $25,000.00

Transfer No.: 95-035



Justification: Monies that were budgeted for microfilming in Building Services Professional Services account will be more conveniently placed under Community Services Records Management accounts.



5. Fund: General

Department: Planning & Development/Community Services

From: Professional Services $25,000.00

To: Several $25,000.00

Transfer No.: 95-036



Justification: Monies that were budgeted for microfilming in Development Regulations Professional Services account will be more conveniently placed under Community Services Records Management accounts.





AUTHORIZATION TO PAY:



Payee: City of Eustis $21,469.66



Reason: Payment for the incremental increase in the property value over the base year for the City's Redevelopment Trust Fund, as required by Chapter 163, Florida Statutes.



Payee: City of Mount Dora $124,548.41



Reason: Payment for the incremental increase in the property value over the base year for the City's two Redevelopment Trust Funds, as required by Chapter 163, Florida Statutes.



FOR YOUR INFORMATION ITEM:



List of items, indicated on attached sheet, 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 to $25,000.



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 Board Support Division of the Clerk's Office.



BUDGETS/FINANCE & AUDIT DEPARTMENT

Mr. James C. Watkins, Clerk, presented to the Board a copy of the Annual Budget Booklet for Fiscal Year 1994-1995 to be submitted to the Government Finance Officers Association for Certificate of Conformance in Financial Reporting.

At this time, Mr. Watkins commended Ms. Sarah LaMarche, Director of Budget; Ms. Tracy Zeller, Senior Budget Analyst; and Mr. Kevin McDonald, Senior Budget Analyst, for the preparation of the Annual Budget Book, and noted that the booklet had been developed by the Department Heads in conjunction with the Finance & Audit Department.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 8, 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, be pulled for discussion. He further requested that Tab 9,

approval and authorization for Chairman to execute Addendum No. 6 to the existing Agreement for Management Services between Lake County and SCS Management Services for the Waste Generation Study, be pulled for discussion.

Commr. Gerber requested that Tab 4, Addendum No. 1, acceptance of Agreement Between Lake County and Leisure Communities, Ltd. (Pennbrooke, Phase I-F) Relating to the Issuance of Building Permits While Platting is in Progress, be pulled for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, with the exception of Tab 8, Tab 9, and Addendum No. 1, Tab 4:

Accounts Allowed/Contracts, Leases & Agreements/Education

Grants



Request for approval and authorization for the Chairman to execute Interlocal Agreement Between Lake County and the School Board of Lake County for Grant Funding for the Adopting Communities for Excellence Program in the amount of $6,000.00.



Accounts Allowed/Resolutions



Request for approval of Resolution No. 1994-258 to receive unanticipated revenue, in the amount of $21,102.00, from the Pollution Recovery Fund.



Roads-County & State/Resolutions



Request for approval of Resolution No. 1994-259 accepting Adel Street (#4-4388E) into the County road maintenance system; subject to final review and approval by the Interim County Attorney.



Contracts, Leases & Agreements/Municipalities



Request for approval and signature authorization on Interlocal Agreements with the Municipalities in regard to the Local Option Gas Tax.



ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA

Reports



Request to acknowledge receipt of the Lake County Public Health Unit (CPHU) Activities and Expenditure Report for the period ending September 30, 1994.



Accounts Allowed/Ambulances-Hospital Districts



Request for approval of payment of monthly Medicaid hospital bill, in the amount of $35,725.07; and the Medicaid nursing home bill, in the amount of $36,434.09, for the month of September.





Accounts Allowed/Ambulances-Hospital Districts



Request for approval of payment of monthly Medicaid hospital bill, in the amount of $27,267.32; and the Medicaid nursing home bill, in the amount of $31,991.01, for the month of October.



Roads-County & State/Deeds



Request for approval of the following recommendation 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 25 feet from center line of Goss Avenue.



ADDENDUM N0. 2

COUNTY MANAGER'S CONSENT AGENDA



Accounts Allowed/Contracts, Leases & Agreements/State Agencies



Request for approval to award the Hicks Ditch Basin Study contract to Environmental Science & Engineering, Inc.; authorization for the Chairman to sign Agreement Between The St. Johns' River Water Management District, Lake County, and Environmental Science and Engineering, Inc. for the Hicks Ditch Watershed Study Project; and authorization to expend funds in the amount of $55,052.50; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/BUDGETS/BIDS/COUNTY POLICY

Commr. Swartz brought up for discussion the procedure for the acquisition, selection and negotiation of a continuing contract for countywide professional consulting services.

Mr. Pete Wahl, County Manager, discussed the competitive selection process and explained that, to assure that professional services for Countywide Consulting Services are not awarded to a single vendor, the list of qualified companies to perform consulting work would be on a rotating basis per a continuing contract agreement. He further explained that the Selection Committee would request a written price quote for services from the top three firms on the list, and the award would be made to the firm who has the low, most responsive quote. The awarded firm would then be placed at the bottom of the list. He stated that using the continuing contracts for smaller projects was an attempt to save time, money, and provide the County with an accurate responsive list of proposers or vendors.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the 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:

D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



SOLID WASTE $106,256.84



CMD Trailer Sales and Leasing, Inc./Authorization to purchase off of Lake County's FY 93/94 Bid #B-2-4-45, Transport Trailers with Walking Floors and issue a Purchase Order within budgeted funds for two trailers. This bid was awarded 5/20/94, but the vendor will hold their unit bid price of $53,128.42 in order for Lake County to purchase two additional trailers at the original bid price.



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



PLANNING AND DEVELOPMENT $ 28,418.00



East Central Florida Regional Planning Council/Authorization to waive bid requirements and issue a Purchase Order within budgeted funds for the 1995 total annual assessment.



F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION AMOUNT



COUNTYWIDE A CONSULTANT'S FEE CANNOT BE OVER $25,000 FOR A SINGLE PROJECT. TOTAL COUNTYWIDE AMOUNT IS UNKNOWN.



Various Firms (Attachment A)/Authorization for the Chairman to sign the Countywide Continuing Consulting Services Contracts pending the County Attorney's approval and assign contract numbers. The Board approved the Selection Committee's recommendation of consulting firms as specified on Attachment A for Proposal RPS #5-4-01 on June 7 and July 5, 1994. The continuing contract for each of the selected firms will be in effect for two years, with a one year extension option. The services rendered by the awarded firms will be per the terms and conditions of RPS #5-4-01, the contract, Lake County's Procedure for Acquisition, Selection, Work Assignment and Contract Negotiations for Continuing Contracts for Countywide Professional Consulting Services (Attachment B) and the specific scope of services for each project.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Ron Roche, Director of Solid Waste Management Division, presented this request and noted that SCS Management Services was now a subsidiary of SGS Engineering.

Commr. Swartz expressed concern with the request for an Addendum No. 6 to the existing agreement with SCS Management Services for the Waste Generation Study, and the continuing requests for amendments to said contract without seeking bids from other firms for independent consulting services. He suggested that it may become more cost effective for the County to hire employees with the expertise to perform the services that are being provided by consulting services.

Mr. Roche stated that the Waste Generation Study was required by the Franchise Agreement and does have an impact on dollars. He explained that the purpose was to have a third party analyze the data that was being generated by the County, and to provide a report on said data to the haulers. He noted that the contract with the haulers does not include an independent third party review; however, the haulers felt that an independent third party was necessary.

Commr. Swartz suggested an approach that provides for a review process without a consultant, which might require a committee that would include the haulers. He discussed Task 3 of the Scope of Services, which outlines that the consultant will design and develop a database for the County to allow the field data to be consolidated and analyzed. He noted that this task was very similar to what the consultant has performed in the past and questioned the necessity of said task. He suggested that staff review other approaches that would reduce the need to rely on a consultant, and possibly eliminate the need for consulting services.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the request for

approval and authorization for the Chairman to execute Addendum No. 6 to the existing Agreement for Management Services between Lake County and SCS Management Services for the Waste Generation Study until January 3, 1994.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

Commr. Gerber declared a Conflict of Interest and stated that White Aluminum Products, her family business, does business for Leisure Communities, Ltd.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the request for acceptance of Agreement Between Lake County and Leisure Communities, Ltd. (Pennbrooke, Phase I-F) Relating to the Issuance of Building Permits While Platting is in Progress, 53 lots - Commissioner District 1.

The motion carried by a 4 - 0 vote.

Commr. Gerber abstained from the discussion and vote.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Hope Lamb, a resident of Clermont, appeared before the Board during the Citizen Question and Comment Period to address the distribution of addendums to the Board agenda and stated that, due to the late distribution of said addendums, it was difficult for the citizens to research the material to be discussed on the addendum prior to the meeting. She further expressed concern that backup to the addendums was not made available to the public.

At this time, the Board and staff responded to Ms. Lamb's concerns.

Ms. Estella Chapman-Crummer appeared before the Board to express appreciation to the Board for recognizing T. H. Poole as a leader, spokesperson, and prime motivator for the Tri-City Branch of the National Association for the Advancement of Colored People (NAACP). She requested that the Board extend that recognition by

designating December 31, 1994 as T. H. Poole Day in Lake County. COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Mr. Chuck Pula, Recreation Coordinator, appeared before the Board to present the Parks and Recreation long term project funding recommendation from the Parks and Recreation Advisory Board. He explained that the Board approved the long term project criteria in May for the purpose of helping non-profit organizations throughout the County to develop parks and recreation facilities. He stated that six project applications were received for Fiscal 1994-1995, of which four projects met the criteria. He stated that the recommendation of the Parks and Recreation Advisory Board was based on four years of funding, and the recommendations are as follows:

Boys & Girls Club of Lake & Sumter Counties, Inc. - $13,250.00 per year, for a total of $53,000.00.



Trout Lake Nature Center - $15,000.00 per year, for a total of $60,000.00.



City of Tavares - $6,750.00 per year, for a total of $27,000.00.



Mr. Pula noted that Mr. Jim Myers, Chairman, Parks and Recreation Advisory Board, Ms. Debbie Stivender, a member of said Board, and representatives for the above mentioned projects were present in the audience.

At this time, Commr. Cadwell expressed appreciation to the Parks and Recreation Advisory Board for their service to the County.

Mr. Charles E. Newell, Vice President, Trout Lake Nature Center, appeared before the Board and provided a brief history of the Trout Lake Nature Center and stated that construction of the proposed building would begin in approximately two years.

Mr. Brad White, President, Boys & Girls Club of Lake & Sumter Counties, Inc., appeared before the Board to address questions presented by the Board.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following three

projects selected by the Parks and Recreation Advisory Board for funding beginning in Fiscal Year 1994-1995, for a total of four years at $35,000.00 per year: Boys & Girls Club of Lake & Sumter Counties, Inc.; Trout Lake Nature Center; and City of Tavares.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Mr. Pete Wahl, County Manager, presented this request.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Lease Agreement Between Lake County and the City of Eustis for Americorps office space; subject to final review and approval by the County Attorney.

ACCOUNTS ALLOWED/HUMAN RESOURCES/COUNTY EMPLOYEES

Mr. Pete Wahl, County Manager, stated that the County has a Volunteer Coordinator, and the request before the Board this date was for approval of the new temporary budgeted part time position of Volunteer Coordinator for the purpose of addressing funding needs for the Volunteer Program. He stated that the request would be funded from the General Contingency Fund.

Commr. Hanson stated that the Volunteer Program was an effective way to use and take advantage of the human resources available through the retirement community in Lake County, and expressed her support of the request before the Board.

Ms. Lois Martin, Director of Human Resources, appeared before the Board and explained that the position was classified as a temporary budgeted part time position and that no benefits are associated with said position.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the new temporary budgeted part time position of Volunteer Coordinator, Pay Range 119, in the Volunteer Program, Department of Community Services, effective upon approval; and authorization to transfer $1,000.00 from the Resort/Development Fund and $8,900.00 from the General Contingency Fund.



CONTRACTS, LEASES & AGREEMENTS/ZONING

Mr. Pete Wahl, County Manager, discussed the Settlement Agreement between Elizabeth Salter and property owners relative to the operation of a day lilly farm, and stated that an agreement had been reached in regard to modifications of the Conditional Use Permit.

Discussion occurred regarding the Settlement Agreement, at which time concern was expressed that the property owners may not be aware of the Settlement Agreement. Commr. Swartz stated that action modifying a Conditional Use Permit through a Settlement Agreement should be done in a formal process with public notice given.

Mr. Bruce Duncan, Assistant County Attorney, appeared before the Board and confirmed that Mr. Thomas Dougherty was entering into the Agreement on behalf of the residents of Rollingwood Trail, and that the neighborhood residents were satisfied with the terms of the Agreement. He stated that some alterations to the Conditional Use Permit (CUP) were made in the bargaining process, and the Agreement indicates that the County would adopt those amendments as a part of the CUP.

Commr. Hanson made a motion, which was seconded by Commr. Good, for approval and authorization to advertise a public hearing in regard to the Stipulation and Settlement Agreement, Elizabeth Salter CUP #90/3/8-4, on January 24, 1995; and authorization for the County Attorney's office to notify the individuals involved of said meeting.

Discussion occurred regarding the advertising of the public hearing.

The Chairman called for a vote on the motion, which carried unanimously.

MUNICIPALITIES/SOLID WASTE

Mr. Ron Roche, Director, Solid Waste Management Services, appeared before the Board to discuss a settlement agreement with

the Cities of Clermont, Eustis, Fruitland Park, Leesburg, and Tavares in regard to withholding disposal fees based upon an alleged inequity, and stated that preliminary discussions have occurred with the City of Leesburg and the City of Eustis regarding the method by which to calculate the inequity. He noted that $265,088.54 has been withheld by the cities. He clarified that staff was requesting authorization to discuss with the cities a formula, and return to the Board with said formula.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved to instruct staff to meet with the Cities for Clermont, Tavares, Leesburg, Eustis, and Fruitland Park for the purpose of discussing a formula for resolution of inequities in regard to solid waste disposal fees; and report back to the Board an agreement or for further discussion.

LANDFILLS/MUNICIPALITIES/ORDINANCES

Mr. Pete Wahl, County Manager, presented this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authority to waive the Solid Waste Flow Control Ordinance in the case of the Clermont police station renovation work for the purpose of asbestos contamination disposal.

RECESS & REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:25 a.m.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER/COMMISSIONERS/STATE AGENCIES

Mr. Pete Wahl, County Manager, presented the legislative position papers to be presented to the Legislative Delegation and explained that the papers have been prepared by County staff; however, the positions of the Florida Association of Counties, and the Florida Fire Chief's Association Platform have been included.

Commr. Good brought up for discussion the Florida Fire Chief's Association Platform in regard to drafting legislation that makes any injury or death to a minor, as a result of failure to install or properly maintain a smoke detector, a criminal act, and questioned the punitive nature of this issue, at which time extensive discussion occurred.

Mr. Craig Haun, Fire & Emergency Services Senior Director, appeared before the Board to discuss the Florida Fire Chief's Association Platform and clarified that the legislation outlined in the Associations' platform has not been drafted by the Association; however, the Association has taken the position that should said legislation by drafted and presented in a legislative format, they would support said legislation.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to authorize staff to prepare a cover letter on the Florida Fire Chief's Association Platform to indicate general support of the positions taken by the Florida Fire Chief's Association; however, indicate that Lake County does not necessarily endorse each issue as written.

Mr. Haun addressed the platform to support legislation that would prohibit counties from denying municipalities and special fire districts a Certificate of Public Conveyance and Necessity to those wishing to provide ambulance service. He stated that currently Lake County has an ordinance that indicates that the County was the issuing body of all Certificate of Public Conveyance and Necessity for ambulance transports. He stated that, if said legislation were to be approved, said legislation would prohibit the County from having the above noted ordinance.

Commr. Swartz suggested that Chief Haun determine the issues that are essential to Lake County within the Florida Fire Chief's Association Platform and bring those specific issues back to the Board for consideration in lieu of supporting the entire platform.

Commr. Cadwell stated that Lake County's legislative position papers should be those issues that Lake County feels strongly about and are pertinent to Lake County. He stated that the League of Cities are preparing their legislative position, and that he has indicated to the League of Cities that he would bring Lake County's legislative position to them for review when available.

Commr. Swartz withdrew his motion, and Commr. Hanson withdrew her second to the motion.

At this time, the Board made a brief review on the following legislative position papers to be presented to the Legislative Delegation, as follows:

Funding for Historic Preservation Special Category Grants

It was the consensus of the Board to support the request for assistance from the Legislative Delegation to insure the funding approved by the Historic Preservation Advisory Council for Special Category grants is approved by the Governor and the Legislature.

CUTR Study on Functional Classification and Jurisdictional

Responsibility of Public Roads

Mr. Wahl stated that he recommends that the Board adopt the position recognizing that there would be changes up to and including the date that the Board meets with the Legislative Delegation that may modify this position.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to modify the Board's position on the CUTR Study to indicate the legislative position that the Florida Legislature clarify the intent and recognize and understand the fiscal impact that the CUTR Study on Functional Classification and Jurisdictional Responsibility of Public Roads would have on local government; and that funding resources must be provided if they are going to make massive transfers of roads.



Clarification of County Jurisdiction over County Maintained

Roads

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the legislative position that the Florida Legislature clarify and confirm that the authority does rest with the counties to provide and regulate, by traffic control devices, county arterial and collector roads that may traverse the limits of municipalities.

Statewide Enhanced 9-1-1 Emergency Telephone Number System

It was the consensus of that the Board to support changes recommended by the State of Florida 9-1-1 County Coordinators to Chapter 365.171 Florida Statutes; and request the assistance of the State Department of Management Services, the House Community Affairs Committee and Senate Governmental Operations Committee in preparing and submitting legislation to reflect these changes.

Children Should be Given First Priority in the Budget Process

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board directed Hillary Knepper, Coordinator, Lake County Citizen's Commission for Children, to clarify the legislative position that children should be given first priority in the budget process; and that monies be targeted at the front line activities which directly enhance the condition of children in our society.

Cremation of Bodies to be Disposed of at Public Expense

It was the consensus of the Board to support the legislative position that the Florida Legislature amend CS/HB 689 to authorize cremation of unclaimed bodies to be disposed of at public expense without liability to the County.

Florida Library Association Platform

It was the consensus of the Board to direct staff to redefine the legislative position in regard to the Florida Library Association Platform.



Florida Fire Chief's Association Platform

It was noted that Fire and Emergency Services Senior Director, Craig Haun, had previously been directed to identify the positions that Lake County should support in regard to the Florida Fire Chief's Association 1995 Position Papers for the 1995 legislative session.

Specialty Vehicle Licensing

It was the consensus of the Board to support the legislative position that the Legislature enact legislation authorizing the issuance of a specialty vehicle license tag regarding the over population of dogs and cats.

Differential Licensing For Cats and Dogs

It was the consensus of the Board to support the legislative position that the Legislature enact legislation requiring differential licensing programs with a significant differential between unsterilized and sterilized animals.

Low-Cost Cat & Dog Sterilization Fund

It was the consensus of the Board to support the legislative position that the Legislature establish a fund for low-cost cat and dog sterilizations.

Early Sterilization of Cats and Dogs

It was the consensus of the Board to support the legislative position that the Legislature enact legislation requiring the early sterilization of cats and dogs prior to adoption from shelters.

Commr. Cadwell made a motion, which was seconded by Commr. Good, to adopt the legislative position papers to be presented to the Legislative Delegation, as amended; and to forward said papers to the League of Cities for their comments and cooperation.

Mr. Wahl suggested that the Board may wish to monitor what was prefiled in terms of legislation rather than taking a blanket approach in regard to the recommendation by the Florida Association of Counties.

Commr. Swartz clarified that the Board has instructed staff to review the issues pertaining to associations and to bring back to the Board the issues that are pertinent to Lake County for further review.

The Chairman called for a vote on the motion, which carried unanimously.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COUNTY ATTORNEY

Mr. Pete Wahl, County Attorney, presented this request.

Commr. Gerber stated that George E. Knupp, Jr., Sheriff, has indicated that he would serve as the representative to the category of Constitutional Officer on the County Attorney Selection Committee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following individuals to serve on the County Attorney Selection Committee:

District No. 1 - Ms. Patricia Mueller

District No. 2 - Ms. Ruth Gray

District No. 3 - Mr. Al Fogle

District No. 4 - Mr. Frank Gaylord

District No. 5 - Mr. Mike Stearman

League of Cities - Mr. Joe Morrin

Constitutional Officer - George E. Knupp, Jr., Sheriff



APPOINTMENTS-RESIGNATIONS/COUNTY MANAGER

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following individuals to serve on the County Manager Selection Committee:

District No. 1 - Mr. Rex Taylor

Mr. Bill Milton



District No. 2 - Mr. David Edward Allen

Mr. Rhod Mills



District No. 3 - Mr. Tony Otte

Mr. Carl Lindstrand



District No. 4 - Ms. Jean Kaminski

Mr. Don Bailey



District No. 5 - Mr. William Kicklighter

Mr. Bob McKee





CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY

Commr. Gerber presented the request for approval of the Agreement between Lake County and Rolon W. Reed, Esquire, for Interim Legal Services.

Commr. Cadwell stated that he would not support the Agreement because he voted against the appointment of Mr. Rolon Reed as Interim County Attorney, and has a concern with hiring an employee that does not meet the qualifications as outlined in the ordinance for County Attorney.

Commr. Hanson brought up for discussion the issue of liability insurance coverage outlined in the Agreement; at which time Mr. Rolon Reed, Interim County Attorney, stated that he does carry liability insurance; however, said insurance does not cover him for service as Interim County Attorney. He noted that he was in the process of contacting the agency that carried liability insurance on Mr. Frank Gaylord and expect to have insurance by December 16, 1994.

Commr. Hanson stated that she would not support the Agreement with Mr. Reed because she voted against the appointment of Mr. Reed as Interim County Attorney, and has a concern with hiring an employee that does not meet the qualifications as outlined in the ordinance for County Attorney until such time that said ordinance was modified.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved the Agreement between Lake County and Rolon W. Reed, Esquire, for Interim Legal Services.

The motion carried by a 3 - 2 vote.

Commr. Hanson and Commr. Cadwell voted "No".



REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/STATE AGENCIES

Mr. Rolon Reed, Interim County Attorney, presented this request and noted that there were no receipts in the amount of $16.00 for expenses.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the request to pay costs in the case of the State of Florida v. Timothy Allen Smith, in the amount of $950.50; pending location of receipts in the amount of $16.00 for expenses.

ADDENDUM NO. 2

REPORTS

COUNTY ATTORNEY

APPOINTMENTS-RESIGNATIONS/COMMISSIONERS/MUNICIPALITIES

Commr. Cadwell informed the Board that the League of Cities has determined that an official meeting was necessary for discussion on the methodology for distribution of the Interlocal Gas Tax Agreement, and have requested that the County have a representative present at said meeting.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Welton C. Cadwell, as representative of the Board of County Commissioners, to attend a League of Cities meeting on December 14, 1994, to discuss the methodology for distribution of the Interlocal Gas Tax Agreement.

ORDINANCES

Mr. Rolon Reed, Interim County Attorney, brought up for discussion the Overgrown Vegetation Abatement Ordinance. He stated that current language in said Ordinance indicates that Code Enforcement should be investigating, inspecting and enforcing on its own initiative, as well as on complaints. He stated that, if it was the Boards' original intend for the Ordinance to be entirely

complaint driven, Section 6 of the Ordinance should be amended to indicate said intent.

Mr. Pete Wahl, County Manager, stated that, if it was the intent of the Board for Code Enforcement to respond on a complaint only basis, the Overgrown Vegetation Ordinance should be modified to indicate said intent.

Commr. Swartz provided a brief history of the Overgrown Vegetation Ordinance and stated that he has been under the understanding that Code Enforcement has been operating on a complaint driven basis except where there was a clear and immediate danger to the health, public safety and welfare of the citizens of Lake County.

Mr. Wahl expressed his concern with the issue of selective enforcement, and stated that when Code Enforcement responds to a specific complaint and there is an obvious or flagrant violation of the same or similar type adjacent to said property, Code Enforcement was obligated at that point to respond to the violation.

Commr. Gerber stated that, at the time of the adoption of the Overgrown Vegetation Ordinance, the Board gave direction that the Ordinance be complaint driven. She noted that in August Code Enforcement had twenty-six (26) valid complaints of which four were complaint driven. She discussed the eighteen (18) inch height for overgrown vegetation and noted that at the adoption hearing it was indicated that, if the eighteen (18) inch height became a problem, the Board could revisit the height for overgrown vegetation.

Commr. Swartz questioned the necessity of an ordinance in regard to Code Enforcement policies relating to overgrown vegetation if the issues are addressed in the Land Development Regulations.

Ms. Hope Lamb, a resident of Clermont, appeared before the Board and stated that the majority of complaints received by Code Enforcement pertain to the height of grass over 18 inches. She

expressed concern with the costs associated with the enforcement of the Vegetation Ordinance and stated that the citizens of Lake County should be informed that there was a Lake County Overgrown Vegetation Ordinance.

Commr. Good clarified that direction has been given to revise language in the Overgrown Vegetation Ordinance to indicate that said ordinance was a complaint driven ordinance; to prepare a legal opinion that said ordinance was legally sound; and to determine that said ordinance was consistent with the Lake County Comprehensive Plan and the Land Development Regulations.

REPORTS

COUNTY MANAGER

MEETINGS

Mr. Pete Wahl, County Manager, stated that he would not be present for a Special Meeting of the Board of County Commissioners scheduled on December 16, 1994, at 9:00 a.m., and that Mr. Mike Anderson, Facilities and Capital Improvements would be present in his place.

CONTRACTS, LEASES & AGREEMENTS/CORRECTIONS

SHERIFF'S DEPARTMENT

Mr. Pete Wahl, County Manager, informed the Board that he has had discussions with George E. Knupp, Jr., Sheriff, in regard to the jail contract. He stated that he has spoken with the State of Florida Department of Corrections in regard to the items that were in contention in regard to leasing jail space at Prelude, and he would be meeting with the Department of Corrections in January 1995 for further negotiations.

COMMISSIONER GERBER - DISTRICT NO. 1

PLANNING/STATE AGENCIES

Commr. Gerber informed the Board that Lake Community Action Agency, Inc. was currently involved in construction of a building in the City of Leesburg with donated land to house the Head Start Program, and that they have discovered a $24,000.00 impact fee

which they do not have the funds to pay. She stated that she was requesting a consensus of the Board to issue a temporary Certificate of Occupancy.

Mr. Wahl stated that Lake Community Action Agency recognizes that the impact fees must be paid and are requesting temporary occupancy for sixty days prior to the impact fees being due. He stated that there was no current ability for the Board of County Commissioners to accept a payment over term.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved authorization for the County Attorney and the County Manager to work with Lake Community Action Agency, Inc. in regard to the deferment of impact fees; and to return on December 20, 1994 with a proposed agreement between Lake County and Lake Community Action Agency, Inc. in regard to the deferment of said fees.

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved December 31, 1994 as Thomas H. Poole Day in Lake County.

COMMISSIONER HANSON - DISTRICT NO. 4

MEETINGS

Commr. Hanson informed the Board that she would not be present for the December 16, 1994 Special Meeting, or the December 20, 1994 Regular Meeting due to a prior commitment.

ADDENDUM NO. 1

COMMISSIONER GOOD - DISTRICT NO. 2

BUDGETS

Commr. Good indicated that he would occasionally be initiating topics for discussion for the purpose of understanding the Boards' perspective on various issues. At this time, he brought up for discussion the concept of independent budget and management control and stated that he has been obtaining information regarding the budget process from surrounding counties of similar population and

gross budget expenditure. He commended the Finance and Audit Department for moving the budget preparation in a professional direction. He stated that he has been exploring many concepts including the timing and budget cycle, and the appropriate location to house the budget office. He stated that he would like to hear comments from the Commissioners in regard to their concerns, or their perspective, on the method in which the County performs the budgeting process. He stated that he does not have a perspective, or an opinion, that was formulated at this time except to say that he would like to see the County function as efficiently and effectively as possible.

Commr. Hanson stated that a substantial savings resulted when the Clerk of Circuit Court resumed the responsibility of the budget. She suggested that the County consider a total quality management study and noted that a total program would be very exciting and progressive toward streamlining government. She questioned the need to have a duplicated budget department when one department can provide what was required by the Board.

Commr. Cadwell stated that the budget department under the Board inhibited the department heads the ability to manage their departments. He stated that the Board approves the budget through the public hearing process, and the Clerk was an independent entity that manages the budget, and allows department heads the ability to manage their departments. He stated that the County was moving into an improved position, and that the process in place at this time was adequate.

Commr. Gerber stated that the Kitchen Cabinet recommended consolidation of the Budget and Finance Departments, and at that time she did not support consolidation because both offices had indicated that there was no duplication of services. She stated that she would not support a change without allowing the Clerk the opportunity to prove the process that was in place at this time.

Commr. Swartz stated that his opinions, with regard to the Clerk taking over the functions that previously have been the Board's Budget and Management Office, have nothing to do with the ability of the Clerk's staff to perform those functions. He stated that he has the highest regard for Ms. Barbara Lehman, Deputy Clerk, Finance and Audit Department, and her professional ability. He stated that the two aspects of the budget function were budget and management and a global finance perspective and suggested an approach which would include an independent Finance Officer that would be accountable to the Board, with the day to day budget management remaining under the responsibility of the Clerk. He stated that there are responsibilities that a qualified Finance Director could perform that would result in significant savings to the county in terms of what was spent annually on the consulting services of Public Financial Management.

No action was required by the Board at this time.

STATE AGENCIES/COUNTY PROPERTIES

Commr. Good brought up for discussion a request from the Department of Protection to include County properties in the Conservation and Recreation Lands (CARL) program. He requested that the Commissioners share their comments and opinions in regard to this issue.

At this time, a brief discussion occurred regarding the location of the property under County ownership. Mr. Pete Wahl, County Manager, stated that the properties in question are surrounded by, or adjacent to, lands that the CARL program has under their acquisition priorities for 1995. He explained that Lake County receives property in a variety of ways, and cautioned that the Board not violate the covenants by which the County gained said property in transferring or selling property. He explained that the most efficient manner in which to address an easement would be through a vacation of said easement, if the state purchases all of the surrounding property.

Mr. Jim Barker, Director of Environmental Management, appeared before the Board and stated that the State has indicated an interest in 17,000 acres of land primarily on the east and west side of the Green Swamp. He cautioned that the County not give the State of Florida land that the County may find a use for in the future, and that the County not vacate or give away an easement that was primary access to another adjacent property owner.

No action was required by the Board at this time.

RECESS AND REASSEMBLY

At 12:20 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.

TIMES CERTAIN - WORKSHOP ON GAS TAX REVENUE

ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Services, appeared before the Board to present a workshop regarding Gas Tax Revenues, and introduced Ms. MaryAnn Bardon, Transportation Engineer, Public Services. Mr. Stivender briefly discussed the history of gas tax revenues and summarized what the Florida Transportation Commission was proposing and the Florida Association of Counties was preparing as a counter proposal, which had been addressed in memorandums previously distributed to the Board. He stated that currently the Florida Transportation Commission has proposed a second level pool of roads to the roads that the State did not have on their major program and wanted to transfer as part of CUTR but decided not to transfer. At this time, he cited State Road 19 as an example. He stated that the purpose of the workshop this date was to provide the opportunity to explain the position of the County before discussions begin on impact fees. At this time, he addressed issues of concern expressed previously by the Board, and stated that discussion has occurred regarding looking at stormwater as a Countywide Municipal Service Benefit Unit (MSBU). Commr. Gerber requested a projection on the types of obligations the County would have in the next year, at which time

Mr. Pete Wahl, County Manager, responded that one possible change would be in stormwater if a basin program and plan were to be completed and adopted by the Board that could be converted to a MSBU and a portion of the administrative cost would be born by that basin. He explained that the Board and the administrative costs would be a percentage of gross revenue.

Mr. Stivender discussed the issue of impact fees versus gas tax revenue and how staff would be looking at this issue from a management standpoint to deal with the funds in relationship with Lake County and the cities. He explained that the impact fees have been identified and can only be used for capital projects and arterial and major collector type roadways, and that the gas tax revenue covers administration, resurfacing, clay to paved roads, local roads, and special assessments. He explained that the new 5 cents Local Option Gas Tax would compliment the impact fees since both would be used on the same road network, and would also be shared with the cities. He stated that the use of impact fees would not be as critical to Lake County's road program, if the additional Local Option Gas Tax was passed, and the cities directly receive their share of the additional funding. He noted that the road work that was presented to the Board in June did not get prioritized through the Impact Fee Committee, and he requested that the Board override the cities and prioritized those projects using impact fees so that the County could maintain stable, serious arterial type road improvements throughout Lake County.

Mr. Stivender noted that the County had a $7,000,000.00 Countywide reserve for impact fees with anticipation of a $2,200,000.00 revenue for Fiscal Year 1994/1995. He stated that he anticipated that the reserve could be decreased by $2,000,000.00 for Fiscal Year 1994/1995, at which time he discussed said reserves.

Commr. Hanson expressed concern with impact fees in the rural areas of the County, and stated that in District No. 4 the impact

fees that are created in the rural areas are going into the cities, which may not be where the true impact was being created.

Commr. Swartz stated that there are not sufficient funds to continue the projects that the County has been performing with the impact fee money. He stated that, during the first six or eight years of the impact fee program, most of the projects that occurred did occur either in the cities on the arterial or collector roads or immediately adjacent to the cities. He discussed the gas tax recommendation to enact a 3 cents Local Option Gas Tax to account for the deficit in the County road program to be used by the County and cities, and stated that approximately one-third of the gas tax revenue, which equals approximately 3 cents, was what the County was using to subsidize and keep the impact fees at a reduced rate. He stated that prior to the County requesting the tax payers of Lake County to pay an additional 3 cents for the new local option gas tax, the County should consider a program over the course of enactment, plus two additional years, to dissolve the 3 cents gas tax. He explained that said program would be giving back to the CTT Fund approximately the amount of money that was now going out for impact fee projects.

Mr. Stivender clarified that it was the intent of the gas tax to be used on new roads, and the 5 cents to be for Comprehensive Plan related projects. He stated that the earlier pennies that were transferred by the State, in the late 1970s, to do the secondary road program were initially allocated to do only capital projects and not used for administration, machinery, equipment or maintenance, and noted that there has been a transition in that area.

Commr. Cadwell stated that the projects being performed with impact fees at this time are a multiple revenue fee because of the inclusion of gas tax revenue, and the gas tax was being paid by the users. He stated that impact fees and gas tax revenues work hand in hand to keep impact fees at a reasonable rate.

Mr. Stivender stated that, if there were no impact fees to justify road improvements, there still remained the issue of enhancement of the road system that the citizens, who drive the roads daily without any increase in traffic, would like to have performed on the road based on existing traffic counts.

Commr. Hanson stated that the Board made a determination that the County would move toward user fees, and the gas tax was a user fee that taxes not only the land owners but those who purchase gas.

Commr. Swartz stated that, at the time that the original Impact Fee Study was performed, the fee did not reflect the actual amount of the impact. He stated that the County has been collecting approximately twenty (20%) percent of what a reasonable impact fee would have been calculated, which is why the County has not been able to maintain the existing road network. He stated that he has a concern with continuing to take money out of the gas tax fund for the purpose of subsidizing impact fees.

Commr. Hanson expressed concern with double taxation if credit was not given to the gas tax; at which time, Mr. Mark Knight, Chief Planner, Planning and Development Services, cited an example of a 50/50 road project, with fifty (50%) percent of the project due to new development and fifty (50%) percent due to an old road that requires upgrading into the existing system.

Commr. Swartz stated that it was not double taxation to accurately estimate the impact fees that are being created by new growth and to collect a fee to address the cost of that impact. He stated that the issue was whether to ask the taxpayers to pay more gas tax to be used to subsidize impact fee projects, or to collect an impact fee closer to the amount which was being created by new growth.

Mr. Stivender stated that he would be providing additional information to the Board in regard to the Florida Transportation Commission. He stated that it would be beneficial to have an alternate impact fee as revenue source for road projects for the

coming budget year, and noted that the gas tax system was more stable as an income source than impact fees.

No action was required by the Board at this time.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:20 p.m.



________________________________

RHONDA H. GERBER, CHAIRMAN





ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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