The Lake County Board of County Commissioners met in regular session on Tuesday, March 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, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Rolon W. Reed, Interim County Attorney; Sue B. Whittle, Interim County Manager; Ava Kronz, BCC Office Manager; Neil Kelly, Chief Deputy, Administrative Services Department; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Rolon W. Reed, Interim County Attorney, requested that Addendum No. 1, Reports, Item 1, approval of the proposed Addendum to the Minutes of January 24, 1995, be discussed at the time of the approval of the Minutes of January 24, 1995.
At this time, Commr. Gerber introduced Ms. Sue Whittle, the new Interim County Attorney for Lake County.
MINUTES
Commr. Hanson made a motion to approve the Minutes of January 24, 1995 (Regular Meeting).
It was the decision of the Board to address the approval of the Minutes of January 24, 1995 (Regular Meeting) under Addendum No. 1, Reports.
Commr. Hanson withdrew her motion.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURTS
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Budget Transfers/Resolutions
Request for approval of Budget Transfer, and Resolution No. 1995-49, as follows:
BUDGET TRANSFERS
Fund: General
Department: County Attorney/Sheriff
From: County Attorney - Legal Fees $10,000
To: Sheriff - Legal Fees $10,000
Transfer#: 95-096
Justification: Funds to pay for attorney legal fees pertaining to the jail were inadvertently placed in the County Attorney's budget.
RESOLUTIONS
Fund: County Library
Department: Community Services
Revenue: State Aid 94/95 $145,618
Expense: Several $145,618
Justification: The County has received notification of funding from the State of Florida in the amount of $145,618.
Bonds - Contractor
NEW
1613-95 Brunson Electric, Inc.
1976-95 John Roper (Mechanical)
3060-95 Amos E. Smith (Carpentry)
3093-95 Landes Construction & Development, Inc.
4294-95 Forset J. Shutt dba Imperial Electric
4675-95 Derek O'Donoghue dba Electrical Installation Specialist
5364-95 Tom Lane Construction
5365-95 James L. Quale (Electrical)
5366-96 Tim Gwaltney (Aluminum Contractor)
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment, Case No. 88-1086-CJ, Paul A. Ponteaux and Paul and Charlotte Ponteaux, in the amount of $50.00.
Request for approval of Satisfaction of Judgment, Case No. 94-930CFA MH, Eugene Miles, in the amount of $250.00.
Request for approval of Satisfaction of Judgment, Case No. 87-719-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 8-27-87).
Request for approval of Satisfaction of Judgment, Case No. 87-719-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 10-24-88).
Request for approval of Satisfaction of Judgment, Case No. 88-1301-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 10-24-88).
Request for approval of Satisfaction of Judgment, Case No. 88-1301-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 1-30-90).
Request for approval of Satisfaction of Judgment, Case No. 88-537-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 10-24-88).
Request for approval of Satisfaction of Judgment, Case No. 88-537-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 1-30-90).
Request for approval of Satisfaction of Judgment, Case No. 87-984-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date - 8-27-87).
Request for approval of Satisfaction of Judgment, Case No. 87-984-CFA, Richard Edward Sargent, in the amount of $250.00 (Judgment date 10-24-88).
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.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Public Hearing Before the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons, In Re: Docket No. 950001-EI, Fuel and Purchased Power Cost Recovery Clause with Generated Performance Incentive Factor, Docket No. 950002-EG, Energy Conservation Cost Recovery Clause, Docket No. 950003-GU, Purchased Gas Cost Recovery Clause, and Docket No. 95007-EI, Environmental Cost Recovery Clause. Notice is hereby given that a public hearing will be held on March 8-9, 1995, at 9:30 a.m., Room 106, Fletcher Building, Tallahassee, Florida.
State Agencies/Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In Re: Application of Century Estates Utilities, Inc. for Certificate to Provide Water Service In Lake County, Docket No. 940292-WU, Order No. PSC-95-0187-FOF-WU, Order Granting Certificate, Requiring Century Estates Utilities, Inc. to File An Annual Report and Pay Regulatory Assessment Fees for 1994, Accepting $150.00 Filing Fee and Refunding Additional $50.00, Establishing Rates and Charges, and Closing Docket.
State Agencies
Request to acknowledge receipt of Notice of Cancellation of Hearing Before the Florida Public Service Commission to JJ's Mobile Homes, Inc., Office of Public Counsel, The City of Mount Dora, George Wimpey of Florida, Inc. and All Other Interested Persons: Re: Docket No. 921237-WS Application for Amendment of Certificates Nos. 298-W and 248-S in Lake County by JJ's Mobile Homes, Inc.; and Docket No. 940264-WS Investigation Into Provision of Water and Wastewater Service by JJ's Mobile Homes To Its Certified Territory in Lake County. Notice is hereby given that the hearing scheduled on February 8, 1995 has been canceled.
State Agencies
Request to acknowledge receipt of St. Johns River Water Management District Annual Financial Audit for Fiscal Year 1993-1994, as prepared by the CPA firm of Ernst & Young.
State Agencies/Utilities
Request to acknowledge receipt of Notice of Commission Hearing Before the Florida Public Service Commission to All Interested Parties and All Other Interested Persons, Docket No. 940235-TL, In Re: Investigation Into The Rates For Interconnection of Mobile Service Providers With Facilities Of Local Exchange Companies. Notice is hereby given that a public hearing will be held on March 27-31, 1995, at 9:30 a.m., Room 106, Fletcher Building, Tallahassee, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of City of Groveland Annexation Ordinance 95-01-02, providing for the voluntary annexation of a reasonably compact area contiguous with the eastern boundary of the City of Groveland.
State Agencies
Request to acknowledge receipt of Annual Financial Audit & Annual Financial Report (AFR) for the Oklawaha Basin Recreation & Water Conservation & Control Authority.
PROCLAMATION PRESENTATION
At this time, Commr. Gerber presented a Proclamation proclaiming February 14, 1995 as League of Women Voters Day in Lake County to Ms. Myrna Meran, President, League of Women Voters.
Ms. Meran presented to the Board a Directory of Officials which was now being distributed throughout Lake County.
EMPLOYEE AWARDS
At this time, Commr. Gerber presented the following awards and plaques, as Mr. Joe Grawat, Personnel Manager, provided information on each individual:
Presentation of Plaque to Employees with Ten, Fifteen, and
Twenty Years of Service
Ten Years of Service
Dale A. King, Maintenance Spec II, Facilities and Capital Improvements, Facilities Management Section, Energy Management Services. (Mr. King was not present)
Fifteen Years of Service
Teresa E. Dunham, Housing Coordinator, Community Services, Human Services Division, Housing Services
Patricia A. Goff, Land Use Tech, Planning and Development Services, Development Regulation Services Division
Twenty Years of Service
Frankie L. Thorp, Animal Control Director, Fire and Emergency Services, Animal Control
PUBLIC HEARINGS
ASSESSMENTS/ROAD PROJECTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Jr., Director of Public Services, presented this request.
At this time, Commr. Gerber called for public comment.
Mr. John McCormick, a local resident, appeared before the Board to express his support of Rainbow Lane Extension Paving Assessment - Project No. SA-79.
There being no further public comment, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award and authorize Project Number SA-79, Rainbow Lane Extension Special Assessment, to Trac Roadbuilders, Inc.; to encumber and expend funds in the amount of $33,142.25; and to execute Resolution No. 1995-50, adopting a special assessment roll for the paving, grading, curbing, and drainage of Rainbow Lane "Extension" in Howey Sub "A" in unincorporated Lake County.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tab 12, acceptance of Private Non-Exclusive Easement Deed from O.J. Partnership; Tab 18, approval for Chairman to sign Amendment No. 3 to Agreement Between Lake County and Post, Buckley, Schuh & Jernigan, Inc. to provide for engineering services related to applying for and receiving a renewal of the operating permit for the Astatula Ash Monofill; and Tab 19, approval for Chairman to sign an Addendum to SCS Engineers related to conducting a Feasibility Study for a Yardwaste, Sewage Sludge and Septage Composting Facility, be pull for discussion.
Commr. Hanson expressed her appreciation to Craig Haun, Senior Director, Fire and Emergency Services, on behalf of the citizens in the Lake Kathryn area for his efforts in regard to Tab 9, approval to use easement at the intersection of Washington Drive and Veva Avenue near Lake Kathryn for installation of a dry hydrant for fire protection.
Ms. Sue B. Whittle, Interim County Manager, requested that Tab 17, Item C., Award Bids and Proposals, and Issue Purchase Orders and/or Contracts: Division: Public Services; Amount: $8,500.00; Atlantic Auto Supplies, Inc./Authorization to award Quote #Q-2-5-25, be withdrawn from the agenda at this time.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the following requests, with the exception of Tab 12, Tab 17 Item (C), Tab 18, and Tab 19:
Community Services/Public Health
Request to acknowledge receipt of the County Public Health Unit (CPHU) Activities and Expenditure Report for the period ending December 31, 1994.
Contracts, Leases and Agreements/Public Health
Request for acceptance and approval of Amendment No. II to the contract between the Department of Health and Rehabilitative Services and Lake County.
Committees
Request for approval to have the members of the Citizens' Commission for Children sign a Conflict of Interest Policy.
Fire Protection/Roads-County & State
Request for approval to use the easement at the intersection of Washington Drive and Veva Avenue near Lake Kathryn for the installation of a dry hydrant for fire protection; and approval for the County to provide the excavation work and labor.
Human Resources
Request for approval of certificates for employees with one year of service.
Human Resources
Request for approval of certificates for employees with three years of service.
Zoning/Planning
Request for approval of the revocation of Conditional Use Permit #94/3/1-2.
Accounts Allowed/Deeds
Request for approval to sell the Tangerine Clay Pit to high bidder, Lemuel "Lem" D. Bryant, in the amount of $12,005.00; and authorization for the County Attorney to prepare a Quit Claim Deed for such transaction.
Accounts Allowed/Bids/Road Projects
Request for approval to advertise for bids for John's Lake Parking Lot Improvement, Project No. R-9, at a total estimated cost of $100,000.00 - Commissioner District 2.
Roads-County & State/Resolutions
Request for approval of Resolution No. 1995-51, establishing a speed limit of 45 m.p.h. on CR-561 from SR-19 to Frankie's Road (#3-3246).
Accounts Allowed/Budgets/Fire Protection
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
FIRE & EMERGENCY SERVICES $101,820.00
Safety Equipment/Authorization to waive bid requirements and piggyback off of Apopka's Bid #94,40 for the purchase of 60 each new Scott 2.2 Airpacks @ $1,564.00 each and 20 each new aluminum cylinders at $399.00 each. The Board approved standardization of Scott Airpacks on July 19, 1994.
DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS/ZONING
Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board and explained that this request was a variance granted by the Board of Adjustment for ten (10) lots on a private easement with deed restrictions which would restrict manufactured housing.
Commr. Swartz requested that the County Manager's office and the County Attorney's office work with the Planning Department to review the issues going before the Board of Adjustment in light of recent discussions by the Board. He explained that the Board of Adjustment should understand the implications of approving ten (10) lots off of an easement, and the issues dealing with the availability of access for emergency vehicles. He stated that the Board of Adjustment and variances were designed to provide an option for unique situations that have not been created by the property owner and, in most cases, variances do not meet the necessary criteria.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved acceptance of Private Non-Exclusive Easement Deed from O.J. Partnership - 10 lots in Agriculture zoning on an easement off of SR 44A - Commission District 4.
Ms. Sue Whittle, Interim County Manager, stated that the Interim County Attorney and she would review this issue and report back to the Board within thirty (30) days.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Commr. Swartz discussed this request and indicated that he was not inclined to award Post, Buckley, Schuh & Jernigan, Inc. an engineering contract to prepare the new operating permit for the Astatula Ash Monofill. He stated that this was a poor design that has resulted in significant cost to the County, and that Post, Buckley, Schuh & Jernigan did not provide the corrective action and direction that the County required to resolve the problems with the Astatula Ash Monofill. He suggested that the appropriate action would be to prepare a Request for Proposal (RFP).
Mr. David R. Crowe, Acting Director, Department of Solid Waste Management Services, appeared before the Board and explained that the current operating permit for the Astatula Ash Monofill expires November 1995, and the scope of this project was to extend the operating permit with the Florida Department of Environmental Protection beyond November 1995. He explained that the submittals must be submitted sixty (60) days prior to the November 1995 date and executed by the end of November.
Commr. Swartz suggested that this request be postponed pending review by the Interim County Attorney, and Interim County Manager.
Commr. Cadwell stated that Post, Buckley, Schuh & Jernigan has been instrumental in helping the County rectify the problems at the Astatula Ash Monofill, and explained that many of the problems at the Ash Monofill were operational problems. He stated that Post, Buckley has performed a good work product overall for Lake County and that he would support this request.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved to postponed the request for authorization for the Chairman to sign Amendment No. 3 to the Post, Buckley, Schuh & Jernigan, Inc. contract to provide for engineering services related to applying for and receiving a renewal of the operating permit for the Astatula Ash Monofill; and directed staff to review the time constraints and present to the Board, on March 21, 1995, a recommendation that provides an alternative to Post, Buckley, Schuh & Jernigan, Inc., whether it be a Request for Proposal (RFP) or consideration of a Declaration of Emergency and to go out for bids.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. David R. Crowe, Acting Director, Department of Solid Waste Management Services, and Mr. Steve Hiney, Recycling Coordinator, appeared before the Board to present this request.
Commr. Swartz discussed the request for the engineering services of SCS Engineers to conduct a Phase I Feasibility Study for a Yardwaste and Sewage Sludge and Septage Composting Facility, and requested that Ms. Sue Whittle, Interim County Manager, review this request with staff to determined if said study could be performed in-house.
Mr. Hiney stated that staff could perform much of the proposed feasibility study; however, stated that staff did not have the expertise or knowledge in the processes involved with sewage sludge and septage activity.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board directed Ms. Sue Whittle, Interim County Manager, to work with the Department of Solid Waste Management Services to re-evaluate the need for a consultant to conduct a Phase I Feasibility Study for a Yardwaste, Sewage Sludge, and Septage Composting Facility.
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. Robert E. Hedge, a local resident, appeared before the Board to discuss the need for a review of land use in Lake County. He cited a specific situation in the Bassville Park area that requires a sixty-two (62) foot setback from the centerline on a one quarter mile road, and explained that many of the restrictions on small lots were unreasonable. He suggested that legislation be addressed by the State Legislature which states that property can be used for any reasonable use as long as it does not affect the health, or safety of the property owner, or adjacent property values, in place of unnecessary restrictions on land use.
Commr. Swartz suggested that Mr. Hedge discuss these issues with the Department of Planning and Development Services, and the Department of Development Regulations Services.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Board to present this request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a change order to the Bellview Underground, Inc. contract to provide water to a point of connection for American Hotel Register, in an amount of $8,740.00.
COUNTY POLICY/FIRE PROTECTION
Mr. Craig Haun, Director, Fire and Emergency Services, appeared before the Board and explained that the County has lease agreements with the Veterans of Foreign Wars (VFW) Post, in Mt. Plymouth, and the American Legion Post, in Ferndale, that prohibit consumption of alcoholic beverages in the County buildings. He stated that the VFW Post has requested that they be allowed to have alcoholic beverages in their building for their members. He explained that the discussion this date was on the determination of a Board policy to address alcoholic beverages in County buildings.
Commr. Swartz suggested that staff prepare suggestions and proposed policy language to address alcoholic beverages in County buildings, and whether alcoholic beverages could be allowed in some County buildings and not in all County buildings.
Commr. Cadwell stated that many of the municipalities have rules that govern city buildings in regard to the consumption of alcoholic beverages, and suggested that staff contact the cities to get suggestions on how to draft a County policy.
At this time, the Board directed staff to review and draft a Countywide policy to address alcoholic beverages for all County properties.
Mr. Chuck Pula, Recreation Coordinator, appeared before the Board and explained that the American Legion facility has requested the consumption of alcoholic beverages because the facility was often rented for wedding parties.
COMMITTEES/RESOLUTIONS
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present this request.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution No. 1995-52, appointing William "Bill" H. Good, representing the category of County Commission; and Robert J. Nadeau, representing the category of one representative from Rural Economic and Community Development, to the Lake County Affordable Housing Advisory Committee.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz brought up for discussion the request from the Tourist Development Council, and questioned what the impact of changing the process of collecting the resort tax locally means to the individuals who collect the resort tax.
Mr. Dave Warren, Tourist Development Director, appeared before the Board and responded that there would be no impact to the individuals who collect the resort tax locally. He explained that presently Lake County pays the State of Florida three (3%) percent of the resort tax to manage the collection of said tax, and if the resort tax was collected locally, more current information would be available.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No's: 2291 & 2290
Applicant: Nancy A. Penn
Location: East Umatilla Subdivision, Lots in Block 68
NOTE: On 2/21/95 BCC approved: Reserve 33 feet from centerline of East Fifth Street (#5-7878); this should have read West Fifth Street, request approval of same.
Recommend: Correct Minutes to Show: Reserve 33 feet from centerline of West Third Avenue (#5-7877A), 33 feet from centerline of West Fifth Street (#5-7878) and 33 feet from centerline of West Second Avenue.
Tourist Development Council
Request from the Tourist Development Council that the Board of County Commissioners write a letter to T. Keith Hall, Tax Collector, expressing the Board's support of the collection of the resort tax locally; and to move forward with the process within the shortest time frame possible.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/COUNTY MANAGER
Commr. Cadwell brought up for discussion the agreement with Ms. Sue B. Whittle for Interim County Manager Services, and stated that he does not question the ability of Ms. Whittle to manage the County and that he would support Ms. Whittle in her management of the County; however, would not support the approval of the Agreement before the Board at this time.
Commr. Hanson stated that she would not support the approval of the Agreement with Ms. Sue Whittle as Interim County Manager, to be consistent with her previous comments.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved the Agreement between Lake County and Sue B. Whittle for Interim County Manager Services.
The motion carried by a 3 - 2 vote.
Commr. Hanson and Commr. Cadwell voted "No".
COMMUNICATIONS
Mr. Bruce Thorburn, Director of Information Services, appeared before the Board to present the Agreement for Custom Software Development with Hybrid Systems, Inc. At this time, Mr. Thorburn addressed the modifications to the Agreement previously requested by the Board. He explained that no one in the industry would provide product liability insurance on software.
At this time, the Board delayed further discussion on this issue until Mr. Bruce Duncan, Assistant County Attorney, was present for the discussion.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
RESOLUTIONS
Commr. Hanson requested that the Board move forward with the presentation of the Proclamation previously approved by the Board honoring Mr. Bill Bond and the Lake Sentinel Orchestra.
COUNTY PROPERTY
Commr. Hanson briefly discussed the possibility of a land swap with the State of Florida in regard to locating the Museum of Agriculture in Lake County, and stated that she would be presenting to the Board, on March 21, 1995, a recommendation for the formation of an Ad Hoc Committee to address this issue.
COMMISSIONER CADWELL - DISTRICT NO. 5
MEETINGS
Commr. Cadwell informed the Board that he had invited Ms. Sue Whittle, Interim County Manager, to attend the League of Cities meeting on March 10, 1995. He explained that the League of Cities would be discussing a draft of an interlocal agreement prepared by County staff in regard to the distribution of the gas tax, and noted that the Board may receive telephone calls from the members of the League of Cities regarding the draft agreement.
Commr. Cadwell also informed the Board that an open house was scheduled this evening for the new City of Umatilla Recreation Building.
COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1
Commr. Gerber informed the Board that a reception has been scheduled for the Citizens' Commission for Children at Vic Embers from 4:00 p.m. - 6:00 p.m. this date.
ADDENDUM NO. 1
COMMUNICATIONS (CONTINUED)
Mr. Bruce Duncan, Assistant County Attorney, appeared before the Board to discuss the Agreement for Custom Software Development with Hybrid Systems, Inc.
Commr. Swartz discussed language with regard to Paragraph 16. Warranties, and questioned if Mr. Duncan was satisfied, with regard to language under Warranties, that there was satisfactory language in the balance of the contract that would insure that software for which the County has contracted to be designed would meet the necessary purposes for which it was intended.
Mr. Duncan responded that it was his understanding from Mr. Jimmy Lin that ninety (90) days was the longest warranty that Custom Software Development would grant for this particular product. He stated that outside of Paragraph 16. Warranties, Paragraph 9. Acceptance Testing of Software provides several opportunities for Lake County to determine if the system was adequate for which it was intended.
Commr. Good questioned the acceptance criteria language under Paragraph 9. and stated that the language indicates that the developer shall deliver the software testing documentation which includes testing procedures, benchmarks, and acceptance criteria. At this time, it was the decision of the Board to insert language under Paragraph 9. to indicate design criteria would be established by Lake County.
Commr. Cadwell questioned if anyone in the industry would provide a longer warranty on software, to which Mr. Thorburn responded that no one has a warranty on software at this price.
Commr. Swartz brought up for discussion language under Paragraph 17. Intellectual Property Infringement Claims: The software furnished under this agreement is provided without any express or implied warranties or representations against infringement, and developer shall not indemnify customer against infringement of any patents, copyrights, trade secrets or other proprietary rights. Mr. Duncan explained the intent of the above noted language and stated that said language should be revised to indicate that the liability lies with the customer or the developer doing the infringement of the copyrights. At this time, it was suggested that the word "not" be deleted from the above noted language.
Discussion occurred regarding language under Paragraph 14 (a), which addresses Source Code Access, and states that the developer agrees that one copy of the source code version of the Software and associated documentation shall be delivered to the County within 10 days after the Final Acceptance Test.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the Agreement for Custom Software Development with Hybrid System, Inc. conditionally; and authorization for the Chairman to execute said agreement subject to final review and approval by the County Attorney's office assuming that additional language be inserted under Paragraph 9. Acceptance Testing of Software, to indicate design criteria would be established by Lake County; and that Paragraph 17. be revisited to indicate that the developer would be subject to any infringements that he may have been involved in, and he would, therefore, not indemnify the customer for any infringement that the customer at a future date may create.
REPORTS
MINUTES
Mr. Rolon W. Reed, Interim County Attorney, distributed a revised proposed Addendum to the Minutes of January 24, 1995 (Regular Meeting) in regard to Petition No. 4-95-2, and explained that the Board's action in said minutes was susceptible to several interpretations of the intent of the Board in regard to the timeliness criteria, and that the Addendum was for the purpose of clarification.
Extensive discussion occurred regarding the appropriate placement of the above noted addendum, and the following changes were requested:
Page 24, Line 17 - insert in after "with".
Page 25, Line 16 - He clarified that it was his intent, in deciding Petition No. 4-95-2, that the timeliness criteria of Comprehensive Plan Policy 1-1A.-1 apply and that the developer be allowed only three units on the 15 acres involved.
On a motion by Commr. Good, seconded by Commr. Swartz and carried, the Board approved the Minutes of January 24, 1995, as amended.
The motion carried by a 4 - 1 vote.
Commr. Hanson voted "No".
CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)
Mr. Bill Chandler, Astor Park Water Association, appeared before the Board and explained that the Astor Park Water Association was a small non-profit organization distributing portable water to residents in the areas of Astor, Astor Park, and Volusia County. He stated that he was present today to provide the Board with a brief history of the Astor Park Water Association, to provide a status report, and provide ways in which the Board may be able to assist the Association. He explained that a study was provided several years ago by the Environmental Services Division that indicated that Astor was one of four areas in Lake County in need of a wastewater system. He stated that the Astor Park Water Association determined that a wastewater system was a service that they could provide, and they discussed with County staff the opportunity to establish a prototype where non-profit co-operatives could work with the County in providing these types of services. He stated that the Astor Park Water Association has received approval for funding, in the amount of $2,500,000.00, for an update of a water system which includes a new plant, a river crossing, a tank on the Volusia County side, and distribution line changes. He stated that the Association, in the past, has paid their taxes; however, with the new update of the system, they cannot afford said taxes. He explained that the Property Appraiser has denied a request for tax exempt status, and the verbiage that the Attorney for the Property Appraiser has requested would result in the loss of the Association's federal tax exempt status. He suggested that there should be consideration for a non-profit co-operative that provides a service to the people, and stated that they would be presenting further information on this issue to the Board at a later date.
Commr. Swartz requested that the County Attorney address the problems alluded to above with Mr. Chandler and the Astor Park Water Association.
Commr. Hanson stated that she has discussed this issue with the Attorney for the Astor Park Water Association. She informed Mr. Chandler that the Astor Park Water Association has the option to file an appeal with the Value Adjustment Board.
RECESS AND REASSEMBLY
At 10:55 a.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 11:15 a.m.
TIMES CERTAIN
SHERIFF'S DEPARTMENT/REPORTS
George E. Knupp, Jr., Sheriff, appeared before the Board and explained that the Board had requested that the Sheriff's Office prepare a five year and ten year study to determine manpower needs for the Sheriff's Office into the year 2005. He stated that Lieutenant Thomas Mysinger and Lieutenant John Burrow would be making the presentation of the Lake County Sheriff's Office Staff Study Manpower Projection 2005.
At this time, Lieutenant Thomas Mysinger appeared before the Board and stated that the Sheriff's Office has been combining information for statistics and data to provide a ten year manpower project, and that said information has been obtained from historical data from the Sheriff's Office, the Department of Planning and Development Services, the University of Florida Planning Council, and from surrounding agencies. At this time, Lieutenant Mysinger discussed a display of graphs pertaining to Population and Sworn Personnel Ratio for Selected Counties, Manpower Projections Based on Unincorporated Population Projections, and 1990-1994 Ratio of Deputies/Population.
Lieutenant John Borrows appeared before the Board and presented a graph of the eleven zones in Lake County and discussed the concerns of the Uniform Patrol Division, the shortage of personnel to cover each zone, and the manpower required to staff each zone. He stated that the Patrol was short 8.56 deputies for the Uniform Patrol Division. He further indicated that two additional zones have been added in the South Lake County area to reduce the response time to calls for service, and a comparison was made of the graph illustrating the eleven zones and the graph illustrating the additional two zones. Extensive discussion occurred regarding the need for additional manpower, and the response time to calls for service.
Commr. Hanson expressed her appreciation to the Sheriff's Office for the report before the Board at this time. She suggested that it would be helpful to have figures available on the rate of crime in Lake County versus other counties to indicate the efficient job that the Lake County Sheriff's Office was performing. Sheriff Knupp responded that he would provide said information.
Sheriff Knupp discussed the schedule for implementation of the recommended positions for sworn Law Enforcement and Civilian Personnel, and explained that the current rate of 1.47 deputies per thousand of population represents a decline in service from the rate of 1.52 in 1990. He stated that 1.65 deputies per thousand of population would be the optimum recommendation. He further stated that the dollar figure for deputies changes each year, and a dollar figure for the ten year projection would not be available.
Commr. Swartz suggested that it would be helpful to calculate and combine the number of law enforcement officers that are within the cities, and the number of deputies that are within the Sheriff's Office, to determine how that would impact the overall number of law enforcement personnel per thousand of population. Commr. Swartz questioned if an analysis had been done in relation to the costs associated with one deputy position. At this time, Ms. Linda Carter, Finance Director, Sheriff's Office, distributed a calculation of the total cost for one deputy sheriff, which included the cost for personal service, uniforms, equipment and miscellaneous expenses, for an overall cost for one deputy in the amount of $64,747.00 per year. Commr. Swartz requested that the County Manager's office, with the additional data distributed by Ms. Carter, review said data in light of the impact fee calculations that were done in the recent Impact Fee Study to determine how they might compare. He suggested that impact fees could be a funding source for the additional deputies.
Sheriff Knupp informed the Board that the capital outlay for the Sheriff's Office has not increased over the last six years; however, there would be a capital outlay increase in next year's budget. He stated that a five year manpower projection study would be prepared for the jail.
Mr. Gene Molnar, representing the Lake County School Board, appeared before the Board to express his appreciation to the Sheriff's Office and briefly discussed the need for the help of the Sheriff's Office in regard to Lake County Schools, the D.A.R.E. program, the Juvenile Justice Committee, and the relationship between the School Board and the Sheriff's Office.
RECESS AND REASSEMBLY
At 12:05, the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m. for a workshop on Assessment for Fire Protection.
TIMES CERTAIN (CONTINUED)
ASSESSMENTS/FIRE PROTECTION
Mr. Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board and presented the preliminary revision of the methodology for a revised assessment for fire protection. At this time, Mr. Haun provided background to the methodology and explained that the current methodology was prepared in an ordinance dated 1985. He stated that the revised methodology before the Board this date had been prepared by the Special Assessment Office in conjunction with Fire and Emergency Services, to provide the Board with a methodology that was equitable based on type of structure, structure size, and the different types of vacant property. He noted that a presentation agenda had been distributed to the Board prior to the start of the workshop this date, and stated that the figures that will be presented in an overhead presentation are dollar amounts for example purposes only. He explained that staff would address, in another workshop, tentative budgets and relate the budget dollars back into the methodology to establish the rates that would be used for the fire assessment.
Commr. Swartz questioned if there were any specifics that mandate that the methodology of fire assessment be reviewed or was
the review an effort to improve what the County has had in place at this time.
Mr. Haun explained that the proposed methodology has variables associated with all types of assessments in lieu of a flat rate under the current fire assessment for residential units which includes apartments, condominiums and any type of residential unit as well as homes and mobile homes. He further explained that there was an acreage associated for timberland, agricultural, and vacant lots that would be set at a flat rate.
Mr. David Crowe, Acting Director, Solid Waste Management, appeared before the Board to discuss the methodology for a revised assessment for fire protection, and Mr. Steve Hiney, Recycling Coordinator, presented overhead projections. Mr. Crowe explained that once the methodology was determined, staff would take the total budget dollars for Fire and Emergency Services and allocate said dollars between Residential Improved Property and Commercial Improved Property. At this time, he discussed the Rules for Base Equivalent Billing Unit (EBU), which outline the formulas and descriptions based on an average residential unit size of 2,000 square feet and 5 acres of improved land, and he briefly discussed various scenarios for the Base Equivalent Billing Unit. He further explained that, in the event that a property owner takes exception to the procedures used to calculate fire assessment, an Administrative Adjustment Petition Process would be in place to evaluate such exceptions.
Mr. Haun discussed the fire protection assessment as it relates to lakes and swimming pools and explained that the fire protection assessment was done strictly for the benefit of fire protection, and that the Fire Department not only provides fire protection but provides fire rescue. He suggested that it may be feasible to review the assessment and determine that each body of water generates rescue calls and may be relevant to the assessment.
Commr. Hanson questioned if the Administrative Adjustment Petition Process would allow review of the multiply parcels that must be aggregated for one building site, at which time, Mr. Crowe explained that the above noted scenario could be addressed under the Administrative Adjustment Petition Process.
Ms. Diane Martin, Post, Buckley, Schuh and Jernigan, Inc. appeared before the Board to respond to Commr. Hanson's question and explained that unless the property owner has a house on each of the separate parcels, the majority are going to be vacant land, which would be at a lesser rate than improved land. She further explained that, in most instances, if the property owner has two lots, with a house built on one lot, the property owner may have already combined the lots in order to obtain a building permit. In that instance, the Administrative Adjustment Petition Process would address Commr. Hanson's example.
Mr. Crowe briefly discussed Recreational Vehicle Parks (RV), which would be assessed at a different rate according to their category, and he explained the formula for determining the assessment for Recreational Vehicle Parks.
Mr. Crowe discussed the Rules for Base Commercial Billing Unit and explained that two options should be considered when determining the assessment cost of base Commercial Billing Units. He stated that the first option for consideration would be to categorize each commercial unit by predominate use and assign a value to each category and assessing the category by square feet. He stated that the second option would be to assess each commercial unit based on square feet by taking the actual square feet of the building times a modifier to calculate improved land areas added together to achieve the Commercial Billing Unit.
Commr. Swartz questioned if any consideration had been given to reviewing the nature of a commercial building and whether said building had a functional sprinkler system; at which time, Mr. Haun responded that said information could not be pulled from the assessment rolls; however, an adjustment factoring in various considerations could be made after the initial assessment was received.
Commr. Hanson suggested that a credit be considered to address the residents that live in the urban area of Mount Plymouth and Sorrento that are required to install wells or a ten thousand gallon tank. She explained that they are installing a fire system not only for themselves, but for the benefit of the community and there should be an offsetting credit. She requested that staff review this issue.
At this time, Mr. Haun summarized the methodology presented this date and requested direction from the Board as to the direction they wish to proceed in regard to the issues pertaining to the methodology of fire assessment.
Commr. Swartz stated that there was logic to the methodology shown today and questioned if there was an absolute need or requirement for the County to modify the current fire assessment. He stated that it was very important that the Property Appraiser review this methodology before the Board moves forward with this process.
Mr. Rolon W. Reed, Interim County Attorney, responded that he has not performed an assessment as to whether the County was required to start through the proposed process, but that he would verify in one week whether the County was required to change the methodology of the fire assessment.
Mr. Haun stated that it was the recommendation of Mr. Greg Stewart, Attorney, Nabors, Giblin, and Nickerson, P.A., that the County consider revising the current methodology for fire assessment.
Commr. Swartz stated that he would prefer to see the methodology before the Board at this time in an existing format, using the existing budget for Fire and Emergency Services to generate numbers that would indicate what would happen to various land uses, and allow the Board to review the real numbers based on the current year's budget in a workshop to determine whether to proceed forward and take public comment. He stated that he does not see this process occurring in this budget year.
It was the decision of the Board to delay any decision on scheduling a workshop on the proposed methodology of fire assessment until a legal opinion had been provided by the County Attorney, and Mr. Greg Stewart, Attorney, in regard to whether the County was required to determine a new basis for the fire assessment. It was also the decision of the Board to direct staff to further study the methodology of fire assessment using real numbers based on the current year Fire and Emergency Services budget, and the methodology before the Board at this time.
ADDENDUM NO. 1
TIMES CERTAIN
PLANNING
Mr. Mark Knight, Chief Planner, Planning & Development Services, appeared before the Board and distributed a copy of the proposed Economic Element Amendment to be discussed this date, and a copy of a letter from the State of Florida Department of Community Affairs (DCA), dated February 17, 1995. Mr. Knight stated that DCA has reviewed the proposed Economic Element Amendment to the Lake County Comprehensive Plan and that DCA has indicated no objection to the element; however, DCA's letter, dated February 17, 1995, contains comments in regard to various policies. At this time, Mr. Knight reviewed the comments pertaining to Policy 11-2.3, Policy 11-5.6, Policy 11-6.6, and Policy 11-10.2. He explained that the Economic Element Amendment was scheduled for adoption on May 23, 1995, and that staff had no objection to making the changes requested by DCA. He stated that the Board had the option to move forward with the adoption of the Economic Element with minor modifications or no modifications.
At this time, Mr. Knight directed the Board's attention to the Proposed Economic Element Amendment, Policy 11-1.2: Equal Opportunity Employment, and explained that said policy had been removed because there were other laws and restrictions regarding equal employment opportunity and that the element was being focused on economic development, and not equal opportunity employment.
Mr. Alvin Jackson, Economic Development Coordinator, appeared before the Board to briefly discuss Policy 11-1.2 and explained that there was a concern with Lake County, as a government entity, setting policy for industry coming into the County when there were federal regulations that oversee the equal opportunity issues.
Mr. Steven Richey, Attorney, appeared before the Board and explained that Policy 11-1.2 was originally inserted by a subcommittee and was removed by the Economic Summit because equal employment opportunity was substantially regulated and there was no need to include it in the Economic Element.
Extensive discussion occurred regarding Policy 11-3.4: Provide Infrastructure, which states that the County shall ensure the provision of infrastructure to existing industrial areas, regional commercial centers, commercial corridors, and present and future employment centers. It was the decision of the Board to make no change to Policy 11-3.4.
Discussion occurred regarding Policy 11-3.6: Publish Newsletter, which states that Lake County shall fund and distribute a newsletter to serve the needs of Lake County businesses. Mr. Richey suggested that language be changed to indicate that Mr. Alvin Jackson, Economic Development Coordinator, would provide a quarterly or monthly newsletter. It was the decision of the Board to insert language that would indicate that a press release would be prepared and provided by the Economic Development Coordinator.
Discussion occurred regard Policy 11-5.4: Impact Fee Deferral Incentives, which states that Lake County shall develop an impact fee deferral program for commercial and industrial construction. It was the decision of the Board to delete the following language from Policy 11-5.4: For qualified applicants, county imposed impact fees may be deferred for the time of construction plus a specified number of years. The length of the deferment period will be based on the type of business and the number of jobs created. Also, impact fees on the construction of qualified "spec" buildings will be deferred until the building is occupied.
Extensive discussion occurred regard Policy 11-5.10: Competitive Impact Fee Schedule, which states that the County shall maintain an impact fee schedule for residential, commercial, and industrial development that will allow Lake County to remain competitive in the region and state. Commr. Swartz stated that to arbitrarily reduce the impact fee to some level that remains competitive may be putting the County further behind. He further stated that Policy 11-5.10 should be reworded in light of the Board's commitment to develop impact fees, and funding formulas such as the Job Incentive Growth Fund.
Commr. Cadwell suggested that Policy 11-5.10 be changed to state that the County shall maintain an impact fee schedule for residential, commercial, and industrial development that takes into account the economic effect of impact fees.
Mr. Reed stated that Policy 11-5.10 and Policy 11.10.2 provides flexibility, and he urged to Board to leave the language as stated. He stated that Policy 11-5.10 could be amended at a later time.
Ms. Jean Kaminski, President, Home Builders Association, stated that the impact fee schedule was the bottom line of what the citizens were going to have to pay.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, the Board approved Policy 11-5.10 Competitive Impact Fee Schedule as stated in the Economic Element.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Good and Commr. Swartz voted "No".
Discussion occurred regarding Policy 11-6.5: Expedite Review of Industrial Subdivision Sites, which states that Lake County shall adopt a policy whereby a site in a platted industrial subdivision with utilities shall be exempt from the technical review committee process and shall be cleared through the development review process in five days, provided a sufficient package has been submitted and all other agency permits have been obtained. It was the decision of the Board to change language from "a site in a platted industrial subdivision" to a site within an approved platted industrial subdivision.
Discussion occurred regarding Policy 11-11.1: Feasibility of Area Wide Development of Regional Impact, at which time it was the decision of the Board to delete Policy 11-11.1 from the Economic Element.
Mr. Jackson commended staff for the excellent job in drafting the Economic Element.
Commr. Hanson expressed her appreciation to Mr. Jackson, and to staff for the excellent job in preparing the Economic Element in a timely fashion.
Mr. Richey expressed his appreciation to staff, and to the Board on behalf of those who have participated in the development of the Economic Element.
PLANNING/COMMITTEES
Ms. Sue B. Whittle, Interim County Manager, distributed to the Board a memorandum from Mr. Paul A. Bergmann, Senior Director, Planning and Development Services, dated March 6, 1995, in regard to the status of the start up of the Citizens Review Committee. She informed the Board that the first organizational meeting of the Citizens Review Committee was tentatively scheduled on March 22, 1995.
Discussion occurred regarding the resignation of Mr. Steve Shamrock from the Citizens Review Committee, and it was the decision of the Board not to replace Mr. Shamrock and to revise the resolution to indicate a change in the membership requirement.
COUNTY BUILDINGS/COMMISSIONERS
Mr. Mike Anderson, Director of Facilities and Capital Improvements, informed the Board that training sessions on the audio visual equipment have been scheduled in the new Board Meeting Room on March 15, 1995 and March 17, 1995 at 9:00 a.m. and 1:00 p.m., and on March 20, 1995 at 11:00 a.m.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:06 p.m.
___________________________________
RHONDA H. GERBER, CHAIRMAN
______________________________
JAMES C. WATKINS, CLERK
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