The Lake County Board of County Commissioners met in regular session on Tuesday, February 7, 1995, 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 and Budgets Department; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Pete Wahl, County Manager, requested that Tab 36, request for approval to proceed with the conceptual design for modifications to the employees' entrance of the Judicial Center at an estimated cost of $1,420, be pulled from the agenda until a later date.
Mr. Wahl further requested that a report from the County Manager Selection Advisory Committee, presented by Ms. Lois Martin, Director of Human Resources, and a request for direction in regard to the recruitment for County Manager, be added to the agenda under County Manager's Report.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to pull Tab 36, and to add to the agenda the report from the County Manager Selection Advisory Committee, and request for direction in regard to the recruitment for a County Manager.
MINUTE APPROVAL
Regarding the Minutes of January 3, 1995 (Regular Meeting), the following clarification was requested:
Page 34, Lines 32 and 33 - delete lines and insert Commr. Hanson voted "No" and noted that she did not support the impact fees as approved at ninety-five (95%) percent.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of January 3, 1995 (Regular Meeting), as amended.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURTS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Budget Transfers/Resolutions
Request for approval of Budget Transfer and Resolution No. 1994-28 from the Finance and Audit Department, as follows:
BUDGET TRANSFER
Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Infrastructure, Renovation - Contractors $623,000
To: Construction Materials $623,000
Transfer #: 95-067
Justification: Funds are necessary to support the Sales Tax Recovery program for the Renovation Project.
RESOLUTION
Fund: General
Department: Community Services
Revenue: F.E.M.A. Grant $29,009
Expenditure: F.E.M.A. $29,009
Budget No.: 95-069
Justification: County has received notification of grant funding through the Federal Emergency Management Agency for 1995 for welfare assistance in the amount of $29,009.
Bonds - Contractor
Request for approval of the following Contractor Bonds, New, and Cancellations, as follows:
NEW
4227-95 Darwin Rutz dba Rutz and Sons Concrete
5359-94 Gregory W. David
5359-95 Gregory David Electric
CANCELLATIONS
5359-94 Gregory W. David
Accounts Allowed
Request to acknowledge receipt of the 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.
Accounts Allowed/Reports
Request to acknowledge receipt of the monthly distribution of revenue, Traffic/Criminal Cases, month ending December 31, 1994. Disbursements: $140,957.71; Same Period Last Year: $104,672.15.
Utilities/State Agencies
Request to acknowledge receipt of Notice of Public Hearing before the Florida Public Service Commission to Southern States Utilities, Inc., Hernando County, Hillsborough County, Polk County, Sarasota County, and All Other Interested Persons, Re: Docket No. 930945-WS, Investigation into Florida Public Service Commission Jurisdiction over Southern States Utilities, Inc. in Florida. Notice is hereby given that a hearing will be held on January 23, 1995, and continuing on January 24, 15, and 26, 1995, at 9:30 a.m., Room 106, Fletcher Building, Tallahassee, Florida.
State Agencies/Audits/Education
Request to acknowledge receipt of State of Florida, Office of the Auditor General, Report No. 12427, audit of the Lake County District School Board for Fiscal Year ended June 30, 1994.
Municipalities/State Agencies/Utilities
Request to acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Petition by the residents of the Spruce Creek Subdivision located in the Belleview Exchange requesting extended area service (EAS) to the Lady Lake (753) and Leesburg exchanges; Docket No. 941145-TL, Order No. PSC-94-1428A-PCO-TL, Amendatory Order by the Florida Public Service Commission that United Telephone Company is hereby directed to prepare and submit the studies referred to in the body of this Order within ninety (90) days from the date of this Order.
Ambulances-Hospital Districts/Reports
Request to acknowledge receipt of the North Lake County Hospital District Annual Financial Report for the year ended September 30, 1994, in accordance with Florida Statutes Section 189.418(4).
Municipalities/Ordinances
Request to acknowledge receipt of the following City of Tavares Annexation Ordinances:
Ordinance No. 94-44, amending the boundaries of the City of Tavares code by including within the city limits property general described as approximately 47 acres located south of Lane Park Cutoff and west of CR 561.
Ordinance No. 94-45, amending the boundaries of the City of Tavares by including within the city limits property generally described as two acres located south of US 441 and east of Lake Junietta.
Municipalities/Ordinances
Request to acknowledge receipt of City of Fruitland Park Annexation Ordinance No. 94-010, adopted by the City Commission on January 12, 1995 providing for the annexation of property generally located near the intersection of Spring Lake Road and U.S. Highway 441, Fruitland Park, Florida, and generally know as the Hammack Property; providing for C-2 (General Commercial) zoning.
Municipalities/Ordinances/Resolutions
Request to acknowledge receipt of City of Mount Dora Annexation Ordinances and Resolutions, as follows:
Ordinance No. 651, annexing property to the City of Mount Dora; providing for the annexation of property generally located at the northwest corner of U.S. Highway 441 and Lincoln Avenue; providing for an M-1 (Light Manufacturing) zoning of the property.
Ordinance No. 652, annexing property to the City of Mount Dora; providing for the annexation of property generally located near the intersection of Tremain Street and Limit Avenue; providing for a PLI (Public Lands and Institutions) zoning of the property.
Ordinance No. 656, annexing property to the City of Mount Dora; providing for the annexation of property generally located near the intersection of Bay Road and State Road 19-A; providing for C-3 and R-3 (Highway Commercial and Multi Family Residential) zonings of the property.
Resolution No. 94-166, annexing property to the City of Mount Dora, Florida; providing for the annexation of property generally located on U.S. Highway 441 west of the intersection of U.S. Highway 441 and Donnelly Street; providing for a C-3 (Commercial Highway) zoning of the property.
Resolution No. 94-167, annexing property to the City of Mount Dora; providing for the annexation of property generally located on Heim Road east of the intersection of Heim Road and Park Place; providing for a R-1-A (Single Family Residential) zoning of the property.
Resolution No. 94-168, annexing property to the City of Mount Dora; providing for the annexation of property generally located on Park Place north of the intersection of Park Place and Heim Road; providing for a R-1-A (Single Family Residential) zoning of the property.
Resolution No. 94-169, annexing property to the City of Mount Dora, Florida; providing for the annexation of property generally located on Old Eustis Road northwest of the intersection of Old Eustis Road and Overlook Drive; providing for a R-1-A (Single Family Residential) zoning of the property.
Resolution No. 94-170, annexing property to the City of Mount Dora, Florida; providing for the annexation of property generally located on Old Eustis Road northwest of the intersection of Old Eustis Road and Overlook Drive; providing for a R-1-A (Single Family Residential) zoning of the property.
ADDENDUM NO. 1
Finance, Audit & Budgets/Reports
Request to acknowledge receipt of For Your Information Item: Investment Committee Minutes of January 23, 1995.
EMPLOYEE AWARDS
At this time, Commr. Gerber presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five and Fifteen Years of Service
Five Years of Service
Michael F. Brooks, Road Operations Director, Public Services/Road Division/Special Projects
Katherine E. Hartenstein, Executive Secretary, Solid Waste Management Services Administrative Division/Director's Office
William A. Jackson, Laboratory Technician, Planning and Development Services/Environmental Management Division Pollution Operations
Kathleen Padgett, Building Technician, Planning and Development Services/Building Services Division
Deann C. Schultz, Human Resources Coordinator, Office of Human Resources/Personnel Section
Fifteen Years of Service
Gwendolyn S. Benton, Personnel Officer, Office of Human Resources/Personnel Section
E. David Walker/Maintenance Specialist II, Facilities and Capital Improvements/Facilities Management Section Building Maintenance Services
Presentation of Plaque and Bond to Employee of the Quarter, First Quarter (October, November, December 1994)
Lauretta "Jean" Scott, Executive Secretary, County Manager's Office
LAKE COUNTY BOARDS AND COMMITTEES AWARDS
At this time, Commr. Gerber presented certificates to the following Boards and Committees:
Code Enforcement Board
Herschel "Pat" Locke for his service to Lake County as a member of the Lake County Code Enforcement Board from 1993-1994. Mr. Locke was not present.
Fire and Emergency Services Advisory Board
Frederick C. Brummer for his service to Lake County as a member of the Lake County Fire and Emergency Services Advisory Board from 1993-1994. Mr. Brummer was not present.
Thomas J. Townsend for his service to Lake County as a member of the Lake County Fire and Emergency Services Advisory Board for 1993-1994.
Land Development Regulations Review Committee
Rolon W. Reed for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Larry Lennox for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Harold S. "Hal" Turville for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994. Mr. Turville was not present.
Reginald L. "Reggie" Tisdale for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Nick D. Faryna for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994. Mr. Faryna was not present.
Patricia S. Leonard for her service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994. Ms. Leonard was not present.
Cecelia Bonifay for her service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Bonnie Roof for her service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Claude Smoak for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994.
Terrell Davis for his service to Lake County as a member of the Lake County Land Development Regulations Review Committee from 1993-1994. Mr. Davis was not present.
Planning and Zoning Commission
Dennis F. Ramsey, Jr. for his service to Lake County as a member of the Lake County Planning and Zoning Commission from 1993-1994. Mr. Ramsey was not present.
Rails to Trails Task Force
Ron L. Williams for his service to Lake County as a member of the Lake County Rails to Trails Task Force from 1993-1994. Mr. Williams was not present.
SHERIFF'S DEPARTMENT/REPORTS
George E. Knupp, Jr., Sheriff, appeared before the Board to present a brief overview of the Deerhaven search for the two missing children on January 28 through 30, 1995, and presented a copy of "Cost Related To The Deerhaven Search" for the Board's review. Sheriff Knupp expressed his appreciation to all those who assisted in the search for the children. He stated that a "black hawk" helicopter had been provided by the United States Military, and Volusia County had provided a helicopter to help in the search. He noted that the Sheriff's Department would be responsible for the cost for fuel for the "black hawk" helicopter, which was not available at this time. He indicated that wages for 802 hours of overtime for the Sheriff's Department was in the amount of $20,810.01; and the cost for food, and miscellaneous items resulted in a cost of $3,418.84.
Commr. Hanson expressed appreciation, on behalf of the Board, to Sheriff Knupp for his efforts in coordinating a successful search for the children.
PUBLIC HEARING
ORDINANCES
At this time, the Commr. Gerber called for public comment on the Lake County Vegetation Abatement Ordinance.
Ms. Hope Lamb, a resident of Clermont, appeared before the Board to express concern that a height requirement for vegetation was being addressed in the Vegetation Abatement Ordinance. She indicated that height requirements for vegetation would be more appropriately addressed by Homeowners' Associations, noting that said ordinance encourages selective enforcement.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
Commr. Cadwell expressed concern with the issue of selective enforcement; however, noted that he would support the ordinance at this time.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved Ordinance No. 1995-3, amending Ordinance No. 1994-5, the Lake County Vegetation Abatement Ordinance.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Cadwell requested that Tab 20, approval and authorization for the Chairman to sign the Perpetual Care Plan and Maintenance Agreement between Lake County and the Greater Altoona Society, Inc. for Hinson Cemetery, be pulled for discussion.
Commr. Swartz requested that Tab 15, approval of the acceptability of the announced cable television rate increases by Lake County Cablevision, be pulled for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests, with the exception of Tab 15 and Tab 20:
Contracts, Leases & Agreements/Libraries
Request for approval and execution of the "IBM" Customer Agreement - License" and "End User Information Notice".
Accounts Allowed/Ambulances-Hospital Districts
Request for approval of payment of monthly Medicaid hospital bill, in the amount of $55,080.19; and the Medicaid Nursing Home bill, in the amount of $36,805.53, for the month of November.
Accounts Allowed/Federal Agencies/Resolutions
Request for approval of the local recipient organizations awarded funding by the local Federal Emergency Management Agency (FEMA) Board; and authorization for the Chairman to sign Resolution No. 1995-26 providing for authorization to the Division of Social Services, Department of Community Services, to apply for the Phase XIII emergency food and shelter program grant from the Federal Emergency Agency.
Contracts, Leases & Agreements/Grants/State Agencies
Request for approval of cancellation of the 1993-1994 Mid-Florida Community Services Annual Grant Funding Contract; and direct the Department of Community Services to notify Mid-Florida Community Services of action taken.
Contracts, Leases & Agreements/County Property
Request for approval and execution of Amendment to Lease Agreement between Lake County and Sunrise A.R.C. of Lake County, Inc. Relating to Lake County Property.
Committees/Resolutions
Request for approval and execution of Resolution No. 1995-27, extending the term and modifying the membership of the Animal Control Ordinance Study Committee.
Personnel/County Employees
Request for approval of certificates for employees with one year of service.
Personnel/County Employees
Request for approval of certificates for employees with three years of service.
Human Resources/County Policies
Request for approval of a Drug Free Workplace Policy Statement; and approval of the Drug Free Workplace Policy.
Contracts, Leases & Agreements/County Manager
Request for approval of Receipt and Release Agreement between Lake County and Peter F. Wahl; and authorization for the Chairman to execute said agreement.
Bonds - Mobile Home
Request for approval of renewal of Mobile Home Bond for Patrick Quinn - Gracie Drive - Commission District 4.
Subdivisions
Request for acceptance of Final Plat for Pennbrooke Subdivision, Phase IF - 59 lots - Commission District 1; subject to final review and approval by the County Attorney.
Roads-County & State/Resolutions/Subdivisions
Request for approval of Resolution No. 1995-20, accepting CR-460 and an extension of Thomas Avenue (CR 1-5108) into the County Road Maintenance System; subject to final review and approval by the County Attorney.
Contracts, Leases & Agreements/Zoning
Request for approval and authorization for Chairman to sign Developer's Agreement between Lake County and Reliable Peat Company, J.V.
Roads-County & State/Resolutions
Request for approval of Resolution No. 1995-21, to post a "35 MPH Speed Limit" sign on North Silver Lake road (#1-5127) in the Silver Lake area.
Roads-County & State/Resolutions
Request for approval of Resolution No. 1995-22, to post "No Parking Anytime" sign in the Groveland area on the south side of Anderson Street (#2-1317), a distance of 1,000 feet from intersection with Ohio Avenue and Main Avenue.
Roads-County & State/Resolutions
Request for approval of Resolution No. 1995-23 to post "No Parking Anytime" signs on C.R. 33 in the Okahumpka area, both north and south of the entrance to the Diamond Point Mobile Home Park.
Roads-County & State/Rights-of-way, Roads & Easements
Resolutions
Request for approval of Resolution No. 1995-24, relating to the restriction of parking on Church Street (#4-4386) and on Doane Avenue (#4-4486A) outside of Sorrento Park, providing for placement of "No Parking on Right-of-Way" signs on Church Street and Doane Avenue, providing for penalties and providing for an effective date.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Temporary Construction Easement:
Ralph W. Weeks
S.R. 46 and CR 435
Non-Exclusive Easement Deeds:
Terry R. Scott and Patricia A. Scott
S.R. 46 and CR 435
Ralph W. Weeks
S.R. 46 and C.R. 435
Lawrence A. Ballings
Central Avenue #4-4286A and C-437
Statutory Warranty Deeds:
Archie W. Spring and Avis H. Spring
Coronado-Somerset Drive #4-4083
Roy L. Rogers
S. Buckhill Road #2-2439
Zeda Bell Freeman and William D. Freeman, Co-Trustees
C-450
Charles A. Stokes and Constance C. Stokes
CR 50 at Washington
Florence Terrell-Barley
East 9th Avenue #5-7880A
Roads-County & State/Deeds
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 943 and 1294
Applicant: Robert Porter and Denise Pyke
Location: Groveland Farms Subdivision, Section 4, Township 23 S, R 25 E
Recommend: Reserve 12 feet each side of centerline of Groveland Farms easement (24 feet total), lying East of Tract 52 and West of Tract 53
Deed No: 2585
Applicant: John W. Wells and Karen S. Wells
Location: East Umatilla Subdivision, Lots in Block 45
Recommend: Reserve 33 feet from centerline of East Umatilla Blvd. (#5-7977) and 25 feet from centerline of East Second Avenue.
Deed No: 2743
Applicant: Richard Horton
Location: Mt. Plymouth, Section "A", Lots 12, 13, 14, Block 94
Recommend: Reserve 25 feet from centerline of Aberdovey Avenue (#4-3939A) and 25 feet from centerline of Brae Burn Street (#4-3989B)
Accounts Allowed/Bids/Public Services
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:
A) Authorization to Seek Bids, Proposals, and Professional Services.
DIVISION AMOUNT
PUBLIC SERVICES $85,000
Authorization to seek bids for the purchase of one new hydrostatic self-propelled chip (rock) spreader.
PUBLIC SERVICES $15,000
Authorization to seek quotes for Professional Services for Surveying the Lake County GPS Densification Project 1994. Quotes will be obtained per the guidelines specified in Lake County Procedure LC-13, Acquisition, Selection, Work Assignment and Contract Negotiation for Continuing Contracts for Consulting Services. Funding for this project is from Account # 112.5055100.541.8300310.
PUBLIC SERVICES $9,000
Authorization to seek quotes for Professional Services for Surveying the existing alignment of County Road 42 (part) for the purpose of showing existing right-of-way. Quotes will be obtained per the guidelines specified in Lake County Procedure LC-13, Acquisition, Selection, Work Assignment and Contract Negotiation for Continuing Contracts for Consulting Services. Funding for this project is from Account # 115.5056610.541.8600671.
Grants/Solid Waste
Request for approval and authorization for the Chairman to sign the First Quarter reimbursement request for the 1995 Waste Tire Grant Reimbursement.
Contracts, Leases & Agreements/Solid Waste
Request for approval for the Chairman to affirm, in writing, the assignment of the Industrial Waste Services (IWS) Exclusive Franchise Agreement to Browning-Ferris, Inc.
Solid Waste
Request for approval to adjust funds in the Solid Waste Capital Projects Fund (421) to more accurately track capital projects; subject to final review and approval by the County Attorney.
Contracts, Leases & Agreements/Tourist Development Council
Grants
Request for approval to accept a grant awarded to the Tourist Development Council from the State of Florida, Division of Tourism; and authorization to execute said agreement.
Appointments-Resignations/Tourist Development Council
Resolutions
Request for approval of Resolution No. 1995-15 to reappoint the following individuals to the Tourist Development Council:
Elected Representative of Governmental Units:
Catherine C. Hanson - Board of County Commissioner Member
One (1) year term, expiring on December 1, 1995.
Sanna Henderson - City Commissioner, City of Leesburg
Four (4) year term, expiring on December 1, 1998
Paulette Alexander - Mayor, City of Mount Dora
Four (4) year term, expiring on December 1, 1998.
Owners/Operator Collecting Resort Tax:
Stephen Parrish
Four (4) year term, expiring on December 1, 1998.
COMMUNICATIONS/INFORMATION SERVICES
Mr. Bruce Thorburn, Director of Information Services, appeared before the Board to discuss this request and stated that he had met with Lake County Cablevision for the purpose of reviewing the Basic Rate increase and the justification and regulatory justification for the second tier increase. He explained that the Board could only vote on the Basic Rate change from $6.85 per month presently to the proposed rate of $6.95 per month, and that the Board may file a formal complaint with the FCC if the Board determines that the second tier increase from $14.40 per month presently to the proposed $15.57 per month was unfair. He stated that he has met with seven of the eight municipalities that are franchisers of Lake County Cablevision, and three of the municipalities have accepted the proposed increases, which are below the acceptable FCC bench marks for both basic and second tier.
Mr. Philip R. Yapkowitz, General Manager, Lake County Cablevision, appeared before the Board and briefly discussed the history of cable television rates.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the acceptability of the announced cable television rate increases by Lake County Cablevision.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC SERVICES
At this time, Commr. Cadwell acknowledged the members of the Greater Altoona Society, Inc. who were present in the audience.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved and authorized the Chairman to sign the Perpetual Care Plan and Maintenance Agreement between Lake County and the Greater Altoona Society, Inc. for Hinson Cemetery.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Mr. Ed Holder, Outgoing Chairman of the Industrial Development Authority, appeared before the Board to address the issue of the proposed impact fees and introduced members of the IDA that were present in the audience this date. Mr. Holder acknowledged Mr. Claude Smoak, who would be retiring from the IDA and who has contributed immensely to economic development. He expressed concern with the methodology, and the assumptions used in the studies that have been performed to date on impact fees, and explained that there was significant concern with the economic effect that impact fees would have on Lake County. At this time, Mr. Holder read portions of an article written by Mr. Ralph Hughs in regard to the detrimental effect impact fees would have on the local economy and loss of jobs in Lake County. He stated that the retirees in Lake County are assuming that there would be no
increase in property taxes, if the proposed impact fees were enacted, noting that Hillsbourgh County and other counties have proven this not to be true. He stated that the proposed impact fees would make home ownership out of reach for a large percentage of Lake County's population, at which time, he cited a study of the Greater Orlando area which indicated the effect of increase government regulation and impact fees. He stated that fewer than ten (10%) percent of Lake County's population could financially qualify for financing of a home over $85,000.00 and questioned if Lake County wanted to exclude ninety (90%) percent of the people in the County from having home ownership. He suggested that a reasonable approach would be to look at the longer term needs of the County, ways that existing government could become more efficient, and to examine all revenue sources.
Mr. Ben Seabrook, representing the Leesburg Area Chamber of Commerce, appeared before the Board to discuss the concerns of the Leesburg Area Chamber of Commerce in regard to the proposed increases in Transportation Impact Fees. He stated that the Leesburg Area Chamber of Commerce believes that an issue of this magnitude deserves a study of the economic effects of such a dramatic increase in building fees, has committed to raising funds for an economic study of the effects of the proposed impact fees, and are asking that the Lake County Board of County Commissioners commit to one-third (1/3) of the cost of the study, with the Leesburg Area Chamber of Commerce and the Lake County League of Cities committing to two-thirds (2/3). He requested that the Board participate in the economic study so that a study view of the economic effect of the proposed impact fees can guide the Board in their deliberations on future impact fees in Lake County.
Mr. Steven Vaughn, a Realtor, appeared before the Board to discuss the effects of the proposed impact fees on three developments in Lake County. He stated that a survey of those interested in building in Lake County indicates that home builders
are coming from Orange County, and are middle to upper middle income families who are relocating to Lake County because of the millage rate. He questioned where the difference in tax was going to come in when those interested in Lake County decide not to relocate in Lake County because of the impact fees.
Mr. Joe Morrin, President, Lake County League of Cities, appeared before the Board to discuss the Lake County League of Cities' position on impact fees and stated that the League of Cities are not comfortable with the results of the Board's study. He stated that the League of Cities supports the request by the Leesburg Area Chamber of Commerce that the Board look closely at impact fees.
Ms. Leslie Little, Leesburg Economic Development Coordinator, representing the Leesburg Area Chamber of Commerce, appeared before the Board to expressed concern with the amount of speculation that has occurred in regard to the effects of the proposed impact fees, where the impact fees will actually be established, and an appropriate method of establishing the impact fees. She stated that the Leesburg Area Chamber of Commerce encourages the Board to support conducting an economic impact analysis of the proposal prepared by Reynolds, Smith and Hills.
Mr. John Pringle, President, Pringle Development, appeared before the Board to address the issue of impact fees and issues that he had previously discussed with the Board in regard to the large trust fund that has accumulated, and the theoretical impacts outlined in the consultants' study. He further addressed the proposed Job Incentive Plan.
Mr. Harlow Middleton, Legal Counsel for Auclair Palms, a school for exceptional children, appeared before the Board to discuss the effect of impact fees on a major expansion plan for the school, which would result in approximately one-hundred and fifty (150) new jobs. He encouraged the Board to consider the proposed
study to determine what the impact would be in a comprehensive way to the economy of Lake County.
Ms. Rosemary Bennett, Chairman, Governmental Affairs of Lake County Association of Realtors, appeared before the Board to address the issue of impact fees and explained that the Lake County Association of Realtors feels that fees for services should not hamper development in our communities, and she urged government to limit use of any such fees to providing public capital improvements necessitated by new development. She stated that she was concerned as a member of the Affordable Housing Committee of Lake County, and discussed the impact of the proposed impact fees on the Affordable Housing program.
Mr. Claude Smoak, a resident of Clermont, appeared before the Board to discuss the proposed impact fees and provided historical data on the impact fees in place at this time. He stated that every property owner on the tax rolls in Lake County would be affected by the proposed impact fees, and encouraged the Board to participate in the study proposed by the Leesburg Area Chamber of Commerce, to be a partner in the community, and to talk to all those affected by the proposed impact fees.
Mr. Mark Sechman, City Planner, City of Tavares, appeared before the Board to discuss the proposed road impact fees and suggested that the County study was slanted toward the rural development at the expense of the urban development for road impact fees. He requested that the Board look at what other communities are using for trip lengths and average lane capacity, and stated, for the record, that, as a transportation professional, he would not support looking at numbers other than those numbers in the Institute of Transportation Engineers (ITE) Manual.
Mr. Ray Gilley, Florida Power Corporation, and a member of the Industrial Development Authority, appeared before the Board to address the proposed impact fees and encouraged the Board to consider the types of projects that are being considered for
funding through the impact fee program, and the levels of service that the projects are to address. He requested that the Board evaluate the capital projects, and the method in which said projects are funded in Lake County.
Mr. Robert Snyder, Chief Operating Officer, Florida Hospital Waterman, appeared before the Board and read a statement, which addressed the proposed impact fees, and the proposed future hospital, medical office building, and out-patient center to be built. He stated that Florida Hospital Waterman are concerned with the adverse impact that the proposed impact fees may have on the plans and future phases for the proposed hospital, and discussed the current impact fees versus the proposed impact fees. He stated that Florida Hospital Waterman supports the Board's participation in a study proposed by the Leesburg Area Chamber of Commerce which would determine the realistic consequences of the proposed impact rate schedule. He indicated that Florida Hospital Waterman would favor a gradual increase of impact fees.
Mr. Ken LaRoe, South Trust Bank, appeared before the Board to discuss the proposed impact fees, and the effect of said fees on property that he has purchased on U.S. Highway 441 and Eudora Road. Ms. Patricia Mayhill, City of Eustis Development Services, appeared before the Board to discuss the proposed impact fees and stated that the City of Eustis supports using two (2) cents of the available five (5) cents local option tax to offset and stage in the impact fee increases. She stated that the City of Eustis feels that the validity of this suggestion would be enhanced with the development of the economic study as proposed by the Leesburg Area Chamber of Commerce.
Mr. Brian Silvernagel, President, Lake County Association of Realtors, appeared before the Board on behalf of the members of the Association of Realtors to discuss the proposed impact fees, and requested that the Board use caution, patience, and understanding of all available information relative to the road impact fee
increase before making a decision. He stated that the majority of the members of the Association of Realtors are in tune to the needs, wants, and desires of the typical and atypical Lake County home buyer, and they are very concerned about the potential detrimental effects of the proposed impact fee increases.
Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board to discuss the proposed impact fees and indicated that he had sent to the Board a copy of a study performed by the Property Appraiser's office, which indicated that ad valorem property taxes must be considered when considering the implementation of impact fees. He explained that the residents would have higher ad valorem property tax bills, if new growth and new construction in Lake County was affected, and noted that new construction has carried over fifty (50%) percent of the ad valorem property taxes in Lake County for the residential class of construction during the last ten (10) years. He indicated that every resident in the County would be affected by the impact fees and encouraged the Board to participate in the study proposed by the Leesburg Area Chamber of Commerce.
Mr. Frank Kutch, Realtor, appeared before the Board to discuss the proposed impact fees and stated that limiting growth without phasing in the impact fees was not common sense. He explained that urban planning should be a total and balanced program, and establishing the proposed impact fees was not good urban planning. He requested that the Board, as leaders of the community, serve the public, balance the impact fee program, and phase in the impact fees.
RECESS & REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:55 a.m.
AGENDA UPDATE (CONTINUED)
Commr. Cadwell requested that the proposed economic impact fee study proposed by the Leesburg Area Chamber of Commerce be added to
the agenda for discussion and/or action under Tab 43, discussion of additional information available on impact fees.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to add to the agenda the proposed economic impact fee study proposed by the Leesburg Area Chamber of Commerce, under Tab 43, discussion of additional information available on impact fees.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Mr. Steven Richey, Attorney, representing Mr. and Mrs. McNeally, appeared before the Board and explained that his clients began through the process of an Administrative Lot Split in Lake County in March 1994. He stated that Mr. and Mrs. McNeally were advised six weeks ago that Mr. Tim Hoban, Senior Assistant County Attorney, had notified the Development Regulations Services Division that Administrative Lot Splits were no longer to be processed on land that had been previously platted. He explained that there was a moratorium on Administrative Lot Splits on lands that were previously platted, and he could not find language in the code that precludes processing those applications. He suggested that this issue be reviewed and urged the Board to provide relief to those people in the Administrative Lot Split process.
Mr. Rolon Reed, Interim County Attorney, indicated that he would bring the issue of Administrative Lot Splits back to the Board for further discussion during the Board meeting on February 21, 1995.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CITIZENS' COMMISSION FOR CHILDREN/REPORTS
Ms. Hillary J. Knepper, Citizens' Commission for Children Coordinator, appeared before the Board to present the Citizens' Commission for Children Coordinator's Report for 1994; at which time she provided a brief overview of the activities of the Citizen's Commission for Children. She noted that a bound copy of the report would be provided to the Board.
Commr. Hanson expressed her appreciation to Ms. Knepper for the outstanding job that she has accomplished in coordinating the programs and activities for the Citizens' Commission for Children. She stated that the program was moving in a positive direction.
Commr. Cadwell expressed his appreciation to Ms. Knepper and stated that the Citizens' Commission for Children was now moving in the right direction.
Commr. Good commended Ms. Knepper on the format used in developing the Citizens' Commission for Children Coordinator's Report and stated that the vision that the Citizens' Commission for Children has for Lake County's children would lead to success of the program. He stated that the program has great potential in terms of social service that would help Lake County grow in a positive way as we pursue the vision. He stated that a vision statement of this type leads to efficient, economic government that has good provisional services.
Mr. Fletcher Smith, Director of Community Services, appeared before the Board to briefly comment on the primary purpose of the program.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the Citizens' Commission for Children Coordinator's Report for 1994.
HUMAN RESOURCES/PLANNING
Mr. Pete Wahl, County Manager, presented the request for approval of the identified changes in the Code Compliance Services Division of the Department of Planning and Development Services. He briefly discussed the proposed restructuring of the Code Compliance Services Division, which essentially puts officers back into Environmental Management reporting to the Environmental Protection Board, and to the Building Services Department for the oversight of unlicensed contractors. He stated that the remaining Code Compliance responsibilities would remain in a Code Compliance
section reporting to Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services.
Mr. Paul Bergmann, Senior Director, Department of Planning and Development Services, appeared before the Board to discuss this issue.
Commr. Swartz stated that he would support approving the proposed changes provisionally with the understanding that the Board, later in the meeting this date, may approve a Lake County Citizen Review Committee to evaluate departmental procedures and that some modifications may result. He indicated that organizational chart changes should be presented to the Board for approval prior to said change.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to provisionally approve the changes in regard to the reassignment of Code Compliance Services Division positions, and the downgrade in the classification of the Code Compliance Director to Chief Code Compliance Officer.
ORDINANCES/PUBLIC SERVICES
Mr. Pete Wahl, County Manager, presented the request for approval of an ordinance amending Parks and Recreation Advisory Board Ordinance No. 1991-5.
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board to discuss this request.
Ms. Debbie Stivender, Vice Chairman, Parks and Recreation Advisory Board, appeared before the Board and explained that the Advisory Board decided that it would be a valuable asset to have a County Commissioner on the Advisory Board as a voting member and to help constitute a quorum.
Commr. Hanson agreed that there was a need for a Liaison Commissioner on the Parks and Recreation Advisory Board; however, questioned whether the Commissioner should be a voting member,
which would limit the Commissioner's ability to converse with other Advisory Board members.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to advertise an ordinance amending Parks and Recreation Advisory Board Ordinance No. 1991-5, as amended to include a provision for the appointment of a Liaison Commissioner.
SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Services, appeared before the Board to present the request for direction and policy regarding alternative Solid Waste collection service on inaccessible roads. At this time, Mr. Steve Hiney, Recycling Coordinator, presented overhead projections as Mr. Roche cited, as an example, an area in the Umatilla area where roads are inaccessible for solid waste and recycling collection.
Discussion occurred regarding the alternatives outlined in the memorandum from Mr. Steve Hiney, dated January 12, 1995, at which time, Commr. Swartz indicated that the more appropriate alternatives would be, as follows: Alternative I. Centralized Collection Location, Item (a), front-end load container with all residents in effected area being on mandatory service, container placed off major thoroughfare; and Item (d), residents place their solid waste beside nearest accessible roadway would appear to hold the most promise. He suggested that the Board provide staff the option of using one of the above noted options on a case by case basis.
Mr. Roche stated that staff would bring back to the Board recommendations on each one of the areas where solid waste and recycling collection has not worked, and the costs associated with the recommendation.
Commr. Good requested that the recommendations be based on resident generated input.
Commr. Hanson indicated that the Board was aware that there would be problem areas, and the options before the Board at this time were a step toward solving the problems. She expressed her appreciation to Solid Waste Management Services for the excellent job in addressing the individual complaints that have been received.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board directed staff to review the list of inaccessible roads regarding alternative solid waste collection service; and to provide individual recommendations for the inaccessible roads with staff sought resident generated input, to develop collection plans and/or assessment packages for said roads.
SOLID WASTE/LANDFILLS
Mr. Pete Wahl, County Manager, explained that the Board had requested that staff bring back to the Board the final estimated charges for ash disposal generated by Out-of-County waste disposed of by Ogden Martin Systems of Lake, Inc.
Commr. Swartz suggested that, if the Board chooses to accept the Solid Waste Management Services Ash Disposal costs, the Board do so provisionally and request that the Finance, Audit and Budgets Department look at the numbers as they relate to eventual landfill closure, and the continuing costs that occur in closure to insure that all costs are included on a proportional basis.
Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budgets Department, stated that it would take approximately two (2) weeks to prepare the information being requested by the Board.
Commr. Good discussed his concerns with landfill closures in general. He requested that the Board be provided as much information as possible about the real costs associated with closure and state mandated requirements, and to include some projection on how to ultimately cope with the problem. He suggested that landfill mining was looking at the real solution to
the problem, and a gift to the future generations, rather than just warehousing landfills.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board asked the Clerk's Finance, Audit and Budgets Department to review the issues regarding Solid Waste Management disposal costs as they relate to Ogden Martin's share of the ash disposal costs; provide information in regard to real costs of landfill closure and state mandated requirements; provide projection on how to cope with landfill closure problems; and to bring back said information at the Board Meeting on March 7, 1995.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
SOLID WASTE
Mr. Pete Wahl, County Manager, presented this request.
Mr. Ron Roche, Director of Solid Waste Management Services, explained that the Board approved to negotiate with Hunter-Nelson, Inc. to develop a lower project cost for the Design/Build of a Intermediate Storage & Transfer Facility at the Astatula Landfill Facility. He further explained that the negotiating committee met with representatives of Hunter-Nelson, Inc. and discussed revisions to the original scope of the project. He noted that representatives from Hunter-Nelson, Inc. were present in the audience this date to discuss the final list of cost reduction options regarding the Lake County Intermediate Storage and Transfer Facility.
Mr. Gary Debo, Construction Contracts Manager, appeared before the Board to discuss the stockpile area and explained that incorporating a stockpile area in the design was in addition to, and separate from, the original design criteria and left to the discretion of the bidder. He stated that it was indicated that, if the bidder selected to bid the stockpile area, it would be presented in the presentation of the proposal and treated as a separate cost.
Commr. Good expressed concern that the proposed facility collects and stockpiles materials, and indicated that what was lacking was a profit making product formulated from the collected materials. He stated that to have a viable economically feasible recycling facility, the County needs to turn the collected materials into some type of marketable product possibly through a public private partnership.
At this time, Mr. Steve Hiney, Recycling Coordinator, presented an overhead projection of the Cost Summary, as Mr. Roche discussed the Intermediate Storage and Transfer Facility and displayed a copy of the site plan for the Lake County Recycling Facility Alternate Design illustrating the location of nine (9) bays, with the option of an additional two (2) bays. Discussion occurred regarding the following three options: Original - Alternate A Total: $969,000.00; Re-Orientation - Alternate B Total: $1,039,000.00; and Re-orientation Plus Two additional Bays - Alternate C Total $1,205,000.00.
Commr. Swartz discussed the two proposed changes and indicated that a straight in-line system would provide the most flexibility, and questioned the feasibility of considering the two (2) additional bays, at this time, if the Board chooses to go to the straight in-line concept. He requested that staff explain the additional cost of $70,000.00 for Re-Orientation Alternate B.
Mr. Dennis Unroe, Unroe Engineering, appeared before the Board to discuss the additional expense for Alternate B and explained that the original design was done as economically as possible. At this time, he discussed the difference between the Original (Alternate A) design and the Re-Orientation (Alternate B) design. He stated that the design was dictated by the topography, and the turning radius that must be maintained. He clarified that some of the additional $70,000.00 cost was for additional asphalt and grading to provide for future expansion of the addition of two (2) bays as indicated on the Alternate B design.
Commr. Swartz expressed appreciation to County staff, and to the Hunter-Nelson Design Team for providing an Intermediate Storage and Transfer Facility design that provides flexibility and will allow the County to make changes in the future.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved to accept the Re-Orientation (Alternate B) design, for a new Intermediate Storage and Transfer Facility, in the amount of $1,069,000.00 less the Sales Tax, which includes the additional costs for the PSI Floor, Steel Embeds, and compactor, and provides for future expansion; and to authorize for the use of the Sales Tax Recovery program; subject to final review and approval by the County Attorney.
ACCOUNTS ALLOWED/GRANTS
Mr. Steve Hiney, Recycling Coordinator, appeared before the Board to present this request.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved authorization for the Chairman to execute a Grant Agreement with Florida Department of Environmental Protection (FDEP); authorization to establish a Grant Program partially funding "Keep Lake County Beautiful"; with the Chairman signing all applicable reimbursement requests; and authorization to encumber and expend all associated funds in the amount of $20,909.00; subject to final review and approval by the County Attorney.
RECESS & REASSEMBLY
At 12:50 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m.
UNFINISHED BUSINESS
PLANNING
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board and directed the Board's attention to a memorandum addressed to the Board of County Commissioners, dated January 23, 1995, pertaining to whether residential impact fees could be a
different percentage than industrial and commercial impact fees. He stated that he has received additional information, since distributing the above noted memorandum, pertaining to the issue of charging different percentages for impact fees, and cited a "Memorandum of Law" from the Brevard County Attorney, in which it was indicated that different percentages could be charged for impact fees. He explained that, based on that Memorandum of Law, Brevard County immediately issued a moratorium on industrial impact fees and would be amending the Impact Fee Ordinance to indicate no impact fees would be charged for industrial. He explained that the County Attorney's office for Polk County has never officially rendered an opinion on charging different percentages for impact fees; however, he explained that Polk County has been charging different percentages for impact fees for residential, commercial, and industrial. He indicated that Mr. Steve Richey, Attorney, would be presenting a Memorandum of Law to the Board this date indicating that the Board does not have the legal authority to charge different percentages for different categories. At this time, Mr. Hoban addressed questions pertaining to the "Conclusion" section of the memorandum, dated January 23, 1995, which indicated that the Board does have the right to impose different percentages on residential, commercial, and industrial users, and that there must be some rational basis for the different percentages. He further addressed questions pertaining to the funding of a "job growth incentive fund".
Commr. Swartz expressed his concern that the County fund those improvements that would be required as a result of the new growth from some source of funding. He suggested that a reasonable starting point would be to determine the numbers that reflect the impact of new growth and divide up where to get the money for the improvements. He stated that the Trip Characteristic Comparison indicates that Trip Generation Rate was not the issue that was creating the large increase in the fee, and that the average trip
length was one of the factors causing the substantial impact. He suggested a study on Trip Generation would not yield anything that would help the numbers. At this time, Commr. Swartz directed the Board's attention to a memorandum, dated January 27, 1995, from Donald A. Griffey, Engineering Director, and noted that state road costs in the "Cost Per Lane-Mile" have driven the numbers up by approximately thirty (30%) percent. Commr. Swartz explained that, if the state road costs were removed, and based on the modified road numbers for County projects, the gross impact fee could be roll back by 28.2 percent. He explained that, if you apply a thirty-three (33%) percent gas tax credit, phase out the gas tax credit over three years, and establish the job incentive fund, a decision could be made, if so desired, to use gas tax to come up with a number that would allow the County to maintain a road system and not fall further behind.
Commr. Hanson stated that she would agree on the use of gas tax because the trip miles have lengthened according to the studies and the gas tax would be a user fee.
Mr. Mark Knight, Chief Planner, Planning & Development Services, responded to a question presented by Commr. Cadwell, and explained that Concurrency Management requires the County to be responsible for any impact that the County may have on state and county roadways over and above what was being funded from Florida Department of Transportation (FDOT). He explained that the study before the Board this date was a net cost study identifying the costs associated with the laws and of a new impact, and to remove the state road costs would present the question of whether the County was going to comply with Concurrency Management requirements or was going to a moratorium situation.
Commr. Cadwell indicated that he would support a Trip Generation Study in-house, and encouraged the Board to support a joint study with the Leesburg Area Chamber of Commerce and the Lake
County League of Cities to determine the real economic impact of impact fees.
At this time, the Board referred to a memorandum, dated January 26, 1995, in regard to the establishment of a Job Growth Incentive Fund. Commr. Swartz explained that monies in the Special Reserve Account would be used as the initial source of funding for the Job Growth Incentive Fund, and referred to a memorandum from Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit and Budgets Division, which indicated that the current balance in the Special Reserve Fund was $633,113.00, and it was anticipated that approximately $2,234,917.00 would be placed in the Special Reserve Fund during mid-year budget amendments. Commr. Swartz indicated that the ending fund balance was unaudited, and subject to change based upon the final outcome of the annual audit. He discussed establishing the Job Growth Incentive Fund, and approving a transfer of $200,000.00 from the Special Reserve Fund to the Job Growth Incentive Fund.
Commr. Cadwell expressed his support of the resolution establishing the Job Growth Incentive Fund; however, expressed concern that the transfer of $200,000.00 from the Special Reserve Fund was not sufficient funding.
Discussion occurred regarding the proposed resolution establishing the Job Growth Incentive fund, at which time, Commr. Gerber requested the following changes:
Section 2, Line 4 - change "revert" to roll-over.
Section 2, insert language which would indicate that each budget year the Board would re-evaluate the Job Growth Incentive Fund.
Section 4, Line 3 - insert by June 1, 1995 after "develop a formal policy".
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution No. 1995-25, establishing a Job Growth Incentive Fund and an Impact Fee Deferral Program, as amended.
Commr. Swartz directed staff and the Finance, Audit and Budgets Department to bring forth a budget amendment for the
transfer of $200,000.00 from the Special Reserve Fund to the Job Growth Incentive Fund.
Commr. Cadwell encouraged the Board to enter into an agreement with the Leesburg Area Chamber of Commerce and the Lake County League of Cities in regard to a joint economic study on the effects of the impact fees.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to enter into a joint agreement with the Leesburg Area Chamber of Commerce and the Lake County League of Cities in regard to the economic study of the effects of the proposed impact fees, and that the Board commit to one-third (1/3) of the cost of said study, not to exceed $10,000.00.
Commr. Hanson expressed her support of the joint agreement in regard to the economic study of the effects of the proposed impact fees, and indicated that this would be a partnership which would generate the support of the community. She stated that the economic study would provide the Board, and the community the information needed in order to make an appropriate decision on impact fees.
Commr. Good stated that the motion was too vague for his support and that he needed information pertaining to who would be performing the study, the costs associated with said study, and a clear definition of the parameters, and the evaluation process.
Mr. Steve Richey, President of the Leesburg Area Chamber of Commerce, appeared before the Board and indicated that the Chamber of Commerce would have no objection to putting this request on a future agenda for further discussion. He suggested that the consultant meet with the Board members to determine the Scope of Services and present to the Board in two (2) weeks what the Scope of Services would be to make it absolutely understood that the study was to be done independent of any specific group.
At this time, Commr. Cadwell withdrew his motion and Commr. Hanson withdrew her second to the motion.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to request that the Leesburg Area Chamber of Commerce make a presentation to the Board in two (2) weeks in regard to the economic study of the effects of the proposed impact fees and a joint agreement with the Leesburg Area Chamber of Commerce and the Lake County League of Cities with the Board of County Commissioners paying one-third of the cost associated with said agreement.
The Chairman called for a vote on the motion, which carried unanimously.
REPORTS
HUMAN RESOURCES/COUNTY MANAGER
Ms. Lois Martin, Director of Human Resources, appeared before the Board to discuss a memorandum, dated February 6, 1995, which had been distributed prior to the start of the meeting this date in regard to a request for direction in the recruitment of a County Manager. She explained that the County Manager Selection Advisory Committee recommendation was that there were four (4) candidates that adequately meet the criteria set for the County Manager's position. She further explained that the Selection Advisory Committee felt that they had fulfilled their charge by arriving at a slate of candidates for the Boards' consideration; however, it was the desire of the Committee to submit alternatives for the Boards' consideration.
Commr. Swartz explained that the Selection Advisory Committee did not feel comfortable with the four (4) candidates, and the alternatives available to the Board are to contract with the professional recruiter, David M. Griffith and Associates, Inc., to do an executive search, or for the Board to re-advertise. He explained that he would support contracting with David M. Griffith and Associates, Inc. to expand the scope and allow them to make the determination whether to re-advertise or to utilize their resources to recruit candidates.
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, for the Board to contract with David M. Griffith and Associates, Inc. to review the names of the applicants that the County Manager Selection Advisory Committee has submitted for the position of County Manager; and to make a determination to re-advertise or to utilize their resources to recruit candidates for said position.
Commr. Hanson stated that she reluctantly would support the motion because the Board needs additional choices; however, she indicated that the County still has the best person possible for the job.
Commr. Good expressed his concern with contracting with the same professional recruiter for the positions of County Manager and County Attorney.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Good voted "No".
HUMAN RESOURCES/COUNTY MANAGER
Commr. Swartz presented the request for approval of a contract with Carl S. Becker Company, Inc. for the services of Mr. Alan A. Thelen for "interim" county manager services. He explained that Mr. Thelen was an individual that was familiar with Lake County and with the budget process, and that it was essential to have an "interim" county manager in place, during the beginning of the budget preparation, that can convert full attention to County government.
Commr. Swartz made a motion, which was seconded by Commr. Good, to enter into a contract, and authorization for the Chairman to sign a contract with Carl S. Becker Company, Inc. for the "interim" county manager services with Mr. Alan A. Thelen being the designated "interim" county manager; subject to review and approval by the County Attorney.
Commr. Gerber expressed concern with the proposed monthly fee, in the amount of $9,200.00, for Carl S. Becker Company to provide "interim" county manager services for Lake County.
Commr. Swartz amended his motion to authorize the Chairman to negotiate with Carl S. Becker Company, Inc. to derive a contract that would be acceptable in regard to the fee for "interim" county manager services.
Commr. Cadwell requested that the Board vote against the above stated motion until such time that he has had the opportunity to present his management plan for the "interim" county manager.
Commr. Gerber questioned whether Commr. Swartz would consider amending his motion to accept another individual from Carl S. Becker Company, Inc., in lieu of Mr. Thelan.
Commr. Cadwell expressed his concern that the proposal before the Board would undermine everything that the Board has worked for during the last two years to improve the relationship with the cities, and with the constitutional officers. He stated that the Finance, Audit, and Budgets Department was qualified to handle the budget process along with the Management Team and the Chairman of the Board. He stated that the Clerk has indicated that the Finance, Audit and Budgets Department would have no problem working through the budget process with a Budget Task Force. He stated that the Management Team made up of Mike Anderson and Jim Stivender would provide the stability for a smooth transition.
Commr. Hanson expressed her confidence in Mr. Mike Anderson and Mr. Jim Stivender as a Management Team, and stated that County staff would be capable to handle the responsibility admirably.
Commr. Good stated that he was not prepared to make an organizational structure change that would result in loading down staff. He stated that he was not totally committed to Mr. Alan Thelan; however, he was committed to the idea that there be an "interim" county manager to work and focus on the budget process,
and he would support the motion to enter into negotiations, which would be brought back to the Board for final approval.
Commr. Swartz clarified that the motion was to authorize the Chairman to negotiate the salary for an "interim" county manager with Carl S. Becker Company, Inc., and to negotiate for an individual who has strong management skills for the position of "interim" county manager.
Commr. Gerber indicated that she would report to the Board the outcome of the negotiations with Carl S. Becker and Company, Inc. at the Board Meeting on February 21, 1995.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Hanson and Commr. Cadwell voted "No".
COMMISSIONERS
At 3:10 p.m., the Chairman turned the Chairmanship over to Commr. Good, Vice Chairman.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/PLANNING/ZONING
Commr. Good indicated that he was not prepared to make an appointment to the Planning and Zoning Commission representing District No. 2 at this time.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried, the Board approved the reappointment of Mr. Michael F. Carey and Ms. Charlotte W. Lehner to the Lake County Planning and Zoning Commission representing District No. 3.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, the Board approved the appointment of Mr. Robert Herndon to the Planning and Zoning Commission representing District No. 4.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, the Board approved the reappointments of Mr. James H. Mayfield, and Mr. Paul W. Bryan, II to the Planning and Zoning Commission representing District No. 5.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
Ms. Hope Lamb, a resident of Clermont, requested that the Board review the policy for appointing individuals to the Planning and Zoning Commission, at which time the Board members briefly explained the appointment process.
COMMITTEES
Commr. Swartz indicated that he was not prepared to make an appointment to the Sesquicentennial Coordinating Committee at this time.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved the following individuals to the Sesquicentennial Coordinating Committee:
Ms. Kay Holland Perkis - representing District No. 2.
Mr. Lewis Lushear - representing District No. 4.
Ms. Sharon Myers - representing District No. 5.
Mr. Tony Otte - representing Lake County League of Cities.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
REPORTS
COUNTY ATTORNEY
PLANNING
Mr. Rolon Reed, Interim County Attorney, requested permission to add an item to the agenda in regard to a house being built in the Deer Island subdivision pertaining to a swimming pool that was in violation of a section of the Deer Island Planned Unit Development (PUD) and requires an amendment to said PUD.
On a motion by Swartz, seconded by Commr. Hanson and carried, the Board approved to add to the agenda the item alluded to by the County Attorney in regard to the Deer Island Planned Unit Development.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board and explained that the issue before the Board at this time would be the subject of a Planned Unit Development (PUD) rezoning in approximately three (3) months. He further explained that the PUD document requires a twenty (20) foot setback from the conservation line, and the violation came about because a house and a pool were being built too close to the conservation line. He stated that the builder has presented a proposal which would allow him to continue construction on the pool with an agreement with the County, which would indicate that if the PUD amendment was not granted, he would remove the pool at his expense, and hold the County harmless for the portion of the cost which he incurred after the County notified him of the violation. He explained that a Lis Pendens would be placed in the public record to notify any potential buyer that, if the Board did not grant an amendment to the PUD document, said pool would be required to be removed, and the request at this time was for the Board to approve the agreement, subject to approval by the County Attorney's office.
Ms. Leslie Campione, Attorney, representing the home builder, was present in the audience, and confirmed that the builder was in support of the County entering into the proposed agreement based on the terms explained by Mr. Hoban.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to authorized the County Attorney's office to prepare the necessary documents, as outlined in the presentation this date, in regard to the Deer Island Planned Unit Development; subject to final review and approval by the County Attorney.
Commr. Swartz indicated that he was continuing to receive calls pertaining to the road going into the Deer Island Development and to other provisions of the PUD Ordinance and requested that staff prepare an update on the Deer Island PUD Ordinance.
Mr. Jim Stivender, Director of Public Services, appeared before the Board and stated that a letter has been sent to the developer of the Deer Island PUD pertaining to the PUD and repairs to Shirley Shores Road.
The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
ACCOUNT ALLOWS/STATE AGENCIES
Mr. Rolon Reed, Interim County Attorney, presented this request.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried, the Board approved the request to pay costs in the case of the State of Florida v. Thomas Turner in the amount of $250.50.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
ORDINANCES
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved to authorize staff to advertise a public hearing on an Ordinance providing for the disposition of impounded livestock by the Lake County Animal Control Department.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
COMMITTEES/RESOLUTIONS
Discussion occurred regarding the resolution establishing the Lake County Citizen Review Committee to Evaluate Departmental Procedure, at which time it was the decision of the Board to change the membership to twelve (12) members, and to change the quorum for conducting business to seven (7) members.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved Resolution No. 1995-16, establishing the Lake County Citizen Review Committee to Evaluate Departmental Procedures, as amended.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
COMMISSIONER HANSON - DISTRICT NO. 4
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved the appointment of Mr. Edward L. Griffin, President of Digi-Comp, and Ms. Diane Knight, representing the agricultural community, to the Lake County Citizen Review Committee.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Ms. Glennis Ford, a resident of Tavares, appeared before the Board to discuss transportation for the elderly, and a problem that she incurred with the Lake County Transportation Service last week.
Mr. Pete Wahl, County Manager, explained that Ms. Ford had notified him last week of the problem and that staff had contacted her, and it was determined that Ms. Ford was confused over which transportation provider she had contacted and that it was not Lake County's Transportation Service. It was noted that staff would again contact Ms. Ford and help her with her transportation problems.
REPORTS (CONTINUED)
COMMISSIONER CADWELL - DISTRICT NO. 5
Commr. Cadwell presented a brief report on the Industrial Development Authority and Economic Development Commission meetings and distributed a copy of the report to the Board for their review. He stated that the Industrial Development Authority was requesting that the Board recognize Mr. Claude Smoak for his service on the Industrial Development Authority, which will be put on the agenda at a later date.
COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, the Board approved Proclamation No. 1995-17, designating February 14, 1995 as League of Women Voters Day in Lake County.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved Proclamation No. 1995-18, designating May 6, 1995 as General Federation of Woman's Club (GFWC) Florida Federation Centennial Day, and 1995 as the GFWC Florida Federation Centennial Year of Observance in Lake County.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved Proclamation No. 1995-19, designating the month of February, 1995 as Viola Days.
The motion carried by a 4 - 0 vote.
Commr. Gerber was not present for the discussion or vote.
TIMES CERTAIN
PLANNING
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board to present a briefing on Municipal Service Benefit Units (MSBUs). Others present were Mr. Paul Bergmann, Senior Director, Planning & Development Services; Mr. James E. Barker, Jr., Environmental Management Director; and Mr. Donald Griffey, Director, Engineering Division. Mr. Hoban explained that the Board had directed staff to develop procedures, and to require MSBUs on all approved new plats. He directed the Board's attention to a memorandum from Mr. James E. Barker, Jr., dated January 27, 1995, in regard to environmental programs that could be funded through
MSBUs, and a spread sheet title "Municipal Service Benefit Unit Cost Estimate", at which time discussion occurred regarding said spread sheet.
Discussion occurred regarding subdivisions and Planned Unit Developments that could utilize MSBUs for activity funding, and at what point a MSBU could be put in place.
Mr. Pete Wahl, County Manager, explained that the most efficient method to implement the MSBU program would be to take projects that have yet to finalized the first plat of the first phase of a multi-phase development.
Mr. Hoban requested that the Board review the "Unit Cost Estimate" to assure that the Board members were aware of the numbers that are envisioned to be put into MSBUs, and the numbers that homeowners would be paying in the future.
Mr. Steve Richey, Attorney, appeared before the Board and discussed briefly how the proposed MSBU program would be viewed by the St. Johns Water Management District, noting that the St. Johns Water Management District was very meticulous in reviewing the documents of Homeowners' Associations.
Mr. Barker explained that the briefing this date was to provide the Board with an idea of what could be covered under MSBUs, and that the next step would be to prepared a refined ordinance that would outline the criteria to be use and to provide a procedural process to follow.
Commr. Swartz suggested that the final step should be to send a letter to the Homeowner's Association in Plantation explaining that a MSBU may be a way in which they might be able to deal with some of the responsibilities that have been given them by the developer.
ADDENDUM NO. 1
REPORTS
COMMISSIONER CADWELL - DISTRICT NO. 5
At this time, Commr. Cadwell requested that discussion on a management plan for the Interim County Manager be postponed until the Board Meeting on February 21, 1995.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:55 p.m.
___________________________________
RHONDA H. GERBER, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
MSF\BOARDMIN\2-7-95\2-16-95