The Lake County Board of County Commissioners met in regular session on Tuesday, May 16, 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; Catherine C. Hanson; and Welton G. Cadwell. Commr. Richard Swartz was not present. Others present were: Sue Whittle, Interim County Manager; Rolon Reed, Interim County Attorney; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budget; and Sandra Carter, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, Interim County Manager, requested to add to the Agenda, under the County Manager's Departmental Business, the issue of the Self Sufficiency Program, due to the fact that there was a very short deadline involved and it needed to be acted on.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to add said item to the Agenda.
Commr. Gerber requested to add to the Agenda, under her Commissioner's Business, a discussion regarding changing the criteria requirements for the County Attorney's position.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to place said item on the Agenda.
Commr. Hanson requested to place on the Agenda, under her Commissioner's Business, the issue of setting a date and time for the District 4 Townhall Meeting, to be held in Astor.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to place said item on the Agenda.
Mr. Rolon Reed, Interim County Attorney, requested that Tab 35, under the County Manager's Departmental Business, a request for discussion and direction on current lot split applications that are within a platted subdivision, be withdrawn from the Agenda, until a later date.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to withdraw said item from the Agenda.
Ms. Sue Whittle, Interim County Manager, requested that Tab 13, a request for approval for the Chairman to execute Change Order No. 2, to Countywide Resurfacing Project No. 1-95, for the resurfacing of Crawford Road, in the amount of $32,958.10, from the Transportation Trust Fund - Commissioner District 2; and Tab 28, a request for approval to advertise Road Vacation Petition No. 791, by Richard Baxter, to vacate drainage and utility easement, Lake Ridge Club, First Addition, Section 6, Township 23, Range 26, Clermont area - Commissioner District 2, under the County Manager's Consent Agenda, be withdrawn from the Agenda, until a later date.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to withdraw said items from the Agenda.
Mr. James C. Watkins, Clerk, noted that he would be deleting Item 2, a request for approval of the list of county equipment for the combined County-Cities Auction and deletion of fixed assets, in the amount of $300,613.71, from the Clerk's Consent Agenda, until a later date, in order to make some further adjustments to same.
MINUTES
Regarding the Minutes of March 28, 1995 (Regular Meeting), the following was requested:
On Page 19, Line 29, change occurred to incurred.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the Minutes of March 28, 1995, as corrected.
The Minutes of April 17, 1995 (Special Meeting) were postponed until the Board Meeting of May 23, 1995, in order to allow the Recording Secretary to clarify language that was used in certain portions of the Minutes.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF CIRCUIT COURT
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Accounts Allowed/Budgets/Budget Transfers/Solid Waste
Request to approve Budget Transfers, Accounting Adjustment, and For Information item from the Office of Finance, Audit & Budgets, as follows:
BUDGET TRANSFERS
Fund: Solid Waste Capital Projects
Department: Solid Waste
From: Machinery & Equipment $919,482
To: Buildings 919,482
Transfer No.: 95-142
Justification: The Design/Build contract funds for the Intermediate Storage and Transfer facility were budgeted in the Machinery and Equipment account. This is the actual building and should be expended from the Building account.
Fund: Solid Waste Capital Projects
Department: Solid Waste
From: Contingency $ 97,050
To: Contractual Services 97,050
Transfer No.: 95-146
Justification: Florida Department of Environmental Protection requires inspection of the liner at the Lady Lake Landfill. The contracted amount is $97,050. Pending BCC approval of Amendment No. 5 of contract P-580. (SCS Engineer's Contract)
Fund: Solid Waste Capital Projects
Department: Solid Waste
From: Contingency $ 10,170
To: Contractual Services 10,170
Transfer No.: 95-147
Justification: The citizens drop off facility at Lady Lake is to be redesigned like Astor, Paisley, and Loghouse. Pending approval of Amendment No. 4 of contract P-580. (SCS Engineer's Contract)
Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Buildings $900,000
To: Construction Materials 900,000
Transfer No.: 95-133
Justification: Pursuant to Board Action on 4/18/95, transfer of funds is needed to construction materials which is used for renovation costs, County Administration Building.
ACCOUNTING ADJUSTMENT
An adjustment is needed to reflect the accounting entry for the transfers out to all other funds affected by the implementation of the Pay Equalization Study, as approved by the Board. The entry is for $305,450 from the Pay Equalization Reserve - General fund, to cover the costs incurred by all other funds regarding the study.
FOR INFORMATION
In accordance with Board Direction, the attached items were approved by the County Manager, based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit of the County Manager from $10,000 to $25,000.
Accounts Allowed/Courts-Judges
Request to approve Satisfaction of Judgment for Michael Andrew Purk, in the amount of $250.00, Case No. 93-1273-CFA; and Satisfaction of Judgment for Melissa Galarza and Minerva Galarza, in the amount of $50.00, Case No. 90-36-CJ, and authorized proper signatures on same.
Accounts Allowed/Reports
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.
Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Order Granting Temporary Rates in the Event of Protest and Notice of Proposed Agency Action Order Approving Increased Rates and Charges, in Re: Application for staff assisted rate case in Lake County, for Forty-Eight Estates Water System, by J. Swiderski Utilities, Inc., as receiver - Docket No. 941107-WU, Order No. PSC-95-0474-FOF-WU.
Utilities
Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Hearing to JJ's Mobile Homes, Inc., Office of Public Counsel, The City of Mt. Dora, George Wimpey of Florida, Inc., and all other interested persons, regarding Docket No. 921237-WS, Application for Amendment of Certificate 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, issued April 27, 1995.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 656, from the City of Mt. Dora, annexing property generally located near the intersection of Bay Road and SR 19A to the City of Mt. Dora, Florida.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending April 30, 1995, in the amount of $142,506.41. Same period last year: $129,481.43
Municipalities/Resolutions
Request to acknowledge receipt of Resolution No. 95-014, from the City of Fruitland Park, annexing property generally located on Dixie Avenue, north of the intersection of Dixie Avenue and U.S. Highway 441, to the City of Fruitland Park, Florida.
EDUCATION
Commr. Gerber introduced Ms. Richey's Third Grade class, from the First Academy School in Leesburg, who were present in the audience, with Ms. Richey and their Room Father, Mr. Frank Erschock, to participate in a Mock Board Meeting. She stated that they amended the County's Noise Ordinance, during the Mock Board Meeting, and would now be taking a tour of the Board of County Commissioners' Office and the Historical Museum.
ADDENDUM NO. 1
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ACCOUNTS ALLOWED/PUBLIC DEFENDER
Mr. Skip Babb, Public Defender, appeared before the Board and requested emergency funding, in the amount of $6,889.60, in order to hire one (1) paralegal to assist the Lake County Assistant Public Defenders and relieve the excessive caseload situation currently existing in the Public Defender's Office.
Mr. Babb discussed, at length, the problem that his office is faced with and answered questions from the Board regarding same.
Discussion occurred regarding the matter, at which time Commr. Cadwell stated that the Board has already paid the costs associated with Court Reporters, travel expenses, trial costs, conflict lawyers, experts, etc., and questioned what Mr. Babb's alternative would be, if the Board stated they were not going to pay any further costs associated with the Public Defender's Office.
Mr. Babb stated that his only alternative would be to file 30 motions to withdraw, which would end up costing the County far more than the $6,889.60 being requested, which he elaborated on. He stated that he did not want to do that and would fight before doing it, but that it would be his only alternative.
Commr. Cadwell stated that he did not like it, but would support the request, because he had been informed that the Public Defender's Office in this circuit is run as efficiently as any in the State, therefore, knows that money is not being wasted.
Commr. Hanson stated that her problem with the request is unfunded mandates by the State, which she elaborated on, therefore, would not support the request. She stated that she felt the need was there, however, felt that the funding should come from the State, not the County.
Commr. Good questioned whether the Public Defender's Office was pursuing programs that, while in the process of defending people, may move them in the area of not committing crimes in the future, to help reduce some of the costs involved.
Mr. Babb stated that the Legislature was not interested in prevention this year, they were interested in punishment, however, his office is actively involved with prevention programs.
The Interim County Manager, Ms. Sue Whittle, was questioned how she felt about the matter. She stated that she could not recommend to the Board that they fund the State's responsibilities. She stated that she believed the State would continue to allow the County to fund anything that they are willing to fund and that she felt it was wrong to have the taxpayers of Lake County continue to pick up the State's responsibilities.
Upon being questioned how he felt about the matter, the Interim County Attorney, Mr. Rolon Reed, stated that he could not disagree with anything that the Interim County Manager stated and that he felt it was a bit immoral on the part of the State.
A motion was made by Commr. Cadwell and seconded by Commr. Good to approve a request from Mr. Skip Babb, Lake County Public Defender, for emergency funding, in the amount of $6,889.60, for the remainder of FY 1994-95, and direct the Chairman to write a letter to the County's legislative delegation stating that, once again, the County is taking on the responsibility of what should be the State's job.
Under discussion, Commr. Gerber suggested including in the motion the fact that it is the Board's desire to make the issue of Unfunded Mandates (Article 5) the number one priority in the County's legislative delegation meeting, to be held in the Fall.
Commr. Cadwell amended his motion, to include said fact.
Commr. Good seconded the amendment and suggested that the letter to the legislative delegation include the fact that the action being taken by the Board this date is an attempt to avoid a minimum of $21,000 in costs, which is being mandated the Board's way.
Mr. Babb stated that he would be back before the Board, during the Budget Hearings, and that he would have figures at that time to justify the funding being requested this date and would tell the Board how is doing.
The Chairman called for a vote on the motion, which was carried.
Commr. Hanson voted "No".
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Good and carried, the Board approved the following requests:
Accounts Allowed/Community Services/Public Health
Request from Community Services for approval to pay monthly Medicaid hospital bill, in the amount of $31,042.73, and the Medicaid nursing home bill, in the amount of $32,417.03, for the month of April.
Accounts Allowed/Community Services/Public Health
Request from Community Services for approval of Lake County Public Health Unit's request to purchase two new vehicles, a 1995 Ford Taurus, listing at $12,248, on State contract; and a 1995 Toyota pickup truck, listing at $10,875, to replace a 1986 Toyota pickup with 186,000 miles on it.
(All Trust Fund money)
Community Services/Grants/State Agencies
Request from Community Services for approval for Chairman to sign the Substance Abuse Act Grant support letter, for the allocation of Federal funds through the Department of Community Affairs.
Building Department/Contracts, Leases & Agreements
Planning and Development/Subdivisions
Request from Planning and Development for approval and authorization for the Chairman to execute Agreement Between Lake County and The Greater Construction Corporation Relating to the Issuance of Building Permits while Platting is in Progress for Greater Hills, Phase 6 - Commissioner District 2, subject to review and approval by the County Attorney's Office.
Resolutions/Roads-County and State/Subdivisions
Planning and Development
Request from Planning and Development for acceptance of Final Plat for Forestdel, Second Addition, and approval of Resolution accepting the following road into the County Maintenance System: Forestdel Drive "Part" (4-6384) - 15 lots located in Sections 25 and 36, Township 18 South, Range 27 East - Commissioner District 4, subject to review and approval by the County Attorney's Office.
Accounts Allowed/Resolutions/Subdivisions
Roads-County and State/Planning and Development
Request from Planning and Development for acceptance of Final Plat for Lake Lucy Estates Subdivision and an Irrevocable Letter of Credit, in the amount of $13,013.99, for maintenance; and approval of Resolution accepting the following road into the County Maintenance System: Wynn Lane (2-1819) - 11 lots located in Section 6, Township 22 South, Range 25 East - Commissioner District 2, subject to review and approval by the County Attorney's Office.
Accounts Allowed/Resolutions/Subdivisions
Roads-County and State/Planning and Development
Request from Planning and Development for approval of Resolution accepting the following roads into the County Maintenance System, for Greater Pines, Phase II and IIIA: Scottish Pine Lane (2-1153), Brown Bark Trail (2-1153A), White Pine Lane
(2-1153B), Greater Pines Boulevard (2-1253), Pine Sap Court
(2-1253D), and Short Leaf Court (2-1254A); acceptance of Maintenance Bond, in the amount of $77,412.93, for Greater Pines, Phase II; and release of Performance Bond, in the amount of $778,821.00, subject to review and approval by the County Attorney's Office.
Deeds/Rights-of-Way, Roads and Easements
Planning and Development
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed, from W. T. Cox, for the creation of 8 lots in Agricultural zoning, on a paved easement off Hwy. 561 -Commissioner District 2.
Deeds/Rights-of-Way, Roads and Easements
Planning and Development
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed, from Wayne and Brenda Gey, for the creation of 10 lots in Agricultural zoning, on a paved easement off Hwy. 455 - Commissioner District 2.
Roads-County and State/Public Services
Request from Public Services for approval and authorization for the Chairman to execute the Traffic Signal Maintenance and Operation Request Order for SR 44 and CR 44.
Deeds/Rights-of-Way, Roads and Easements/Public Services
Request from Public Services for approval to accept the following deeds:
Non-Exclusive Easement
First Church of the Nazarene, Leesburg, Florida, Inc.
CR 460
Carlon B. Warren
Fishcamp Road (5-6847)
Statutory Warranty
Hills of Lake Louisa Development
Oswalt Road (2-0840)
JNR Properties, Inc.
South O'Brien Road (2-2227)
Lake County Board of County Commissioners
Unnamed Road (South 15 feet of Section 20, Township 18 South, Range 24, per deed)
Deeds/Rights-of-Way, Roads and Easements/Public Services
Request from Public Services for approval to accept the following documents, for Griffin View, at Gray's Airport Intersection:
Statutory Warranty Deed
Frank Robert Stiles and Patsy Dean Stiles
Griffin View Road (5-7212)
Partial Release of Mortgage
Bank Atlantic, a Federal Savings Bank
Griffin View Road (5-7212)
Temporary Non-Exclusive Easement Deed
Frank Robert Stiles and Patsy Dean Stiles
Griffin View Road (5-7212)
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of the following recommendations on the Release of Murphy Act State Road Reservations:
Deed No.: 1551
Applicant: Golf Stuff, Inc., a Florida Corporation, Lady Lake, Section 5, Township 18 South, Range 24 East, Government Lot 6
Recommend: Reserve 50 feet from centerline of CR 25
Deeds/Roads-County and State/Public Services
Request from Public Services for approval of the following recommendations on the Release of Murphy Act State Road Reservations:
Deed No.: 2521
Applicant: Samuel A. Griffey and Juanita B. Griffey
Location: Lakeview Park Subdivision, Lots in Block Z
Recommend: Reserve additional 8 ft. from centerline of Luella Avenue (25 feet was reserved March 21, 1995)
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "No Parking Anytime" signs on both sides of Merry Road
(3-4455), for a distance of 1,000 feet from CR 19A.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "Stop" signs at the following intersections, in a Yalaha residential area: Pine Street (3-3125A) at Bogle Street (3-3125B), Pine Street (3-3125A) at Sunset Drive (3-3125), Spring Drive (3-3126B) at Orange Avenue (3-3126), and Spring Drive (3-3126B) at Lakeside Drive (3-3126A).
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "No Parking Anytime" signs on both sides of Saltsdale Road
(5-7776), for a distance of 1,500 feet, west of the Cemetery Road (5-7679) intersection.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "Speed Limit" signs (see speed study contained in backup material for County Manager's Consent Agenda) on the following roads in the Sorrento/Mt. Plymouth area: Park Avenue (4-4286), Division Street (4-4582A), Evergreen Court (4-4582), Vine Street (4-4386B), Laurel Lane (4-4683D), Hickory Lane (4-4683C), Chestnut Lane (4-4683B), Dewberry Lane (4-4684), Wolfs Trail (4-4784), Lynx Court (4-4884), Birr Court (4-3983), Buttercup Lane (4-4181A), Vista View (4-4181), Franklin Avenue (4-4285), Summit Street
(4-4385A), Lawrence Street (4-4385B), Church Street (4-4386), Osgood Street (4-4386A), Doane Avenue (4-4486A), Brooklyn Avenue (4-4486), Adair Avenue (4-3987), Orange Street (4-4385), Scenic Hills Drive (4-4783), Wolfbranch Lane (4-4683A), Coronado Somerset Drive (4-4083), Long Acres Drive (4-4387A), and Wolf Branch Road (4-4583).
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to lower the existing speed limit and post a "30 MPH Speed Limit" sign on Maggie Jones Road (4-8190), in the Paisley area, beginning at Blue Moon Road and continuing to the end of pavement.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "No Trucks" signs on the following streets off CR 468, northwest of Leesburg: South Avenue (1-5106A), North Avenue
(1-5106), and Centennial Boulevard (1-5206).
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post a "Yield" sign on Lake Forest (3-4161), in a Mt. Dora residential area, to establish right-of-way and resolve a potentially dangerous situation.
Public Services/Resolutions/Roads-County and State/Signs
Request from Public Services for approval of Resolution to post "No Parking on Right-of-Way" signs along both sides of CR 44, east of its intersection with CR 452, for a distance of approximately 1,320 feet.
Public Services/Road Vacations/Municipalities
Request from Public Services for approval to advertise Road Vacation Petition No. 790, by Calvin and Donna Vaughn, to vacate road, Clermont Farms, Lake Crescent View Development, Section 11, Township 23, Range 25, Clermont area - Commissioner District 2.
Public Services/Road Vacations/Municipalities
Request from Public Services for approval to advertise Road Vacation Petition No. 792, by Rose Cook, to vacate drainage and utility easements, The Vistas, Second Addition, Section 8, Township 23, Range 26, Clermont area - Commissioner District 2.
Public Services/Road Vacations/Municipalities
Request from Public Services for approval to advertise Road Vacation Petition No. 793, by Morton and Nancy Brule, to vacate utility easement, Orange Blossom Gardens, Unit 3.1B, Section 7, Township 18, Range 24, Lady Lake area - Commissioner District 5.
Purchasing
Request from Purchasing for approval to advertise for bids, proposals, and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. Cooperative Bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:
C) Award Bids and Proposals and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
SOLID WASTE $163,500.00
Highland Tractor/Authorization to award Bid #B-2-5-16, Total
Cost Bid for a 950 Diesel Wheel Loader, encumber budgeted
funds and have the Chairman sign the contract, pending the
County Attorney's approval. The Office of Purchasing sent
the bid out to twenty-six (26) vendors, four (4) responded.
The award recommendation is to the low, most responsive
vendor, for a net total cost bid of $84,250.00, which equals
the cash purchase price, plus a performance bond, minus the
guaranteed repurchase price, plus the guaranteed cost for
repair (See Attachment I in backup material)
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
PURCHASING $ 0
Authorization for the County Manager or Designee to sign all current and future Agency Disclosure documents, as the Lessee, representing Lake County on Rental Contracts that have been Board approved. A signed Agency Disclosure document by the Lessee will be required by the Lessors' agents per Florida Statutes. Effective February 20, 1995, changes in Florida Statutes, Chapter 425, require that all Real Estate Licenses disclose which party they represent in a real estate transaction. The County Attorney concurs with the recommendation to authorize the County Manager or Designee to sign all Agency Disclosure forms, as an authorized representative for Lake County, as the Lessee. (See Attachment 2 in backup material)
PURCHASING $ 0
Authorization for the County Manager or Designee to sign all rental agreements over $5,000.00 and under $25,000.00 and authorize Department/Office Directors to sign for under $5,000.00, without individual Board Action, for items that are rented by the County, which a purchase order is issued. Rental of Equipment is normally needed for emergencies or time sensitive situations that are not conducive to the three week lead time needed to obtain Board Approval for rental agreements. Many rental agreements are being signed by County representatives who are not authorized. When Purchasing becomes aware of rental agreements that need an authorized signature, the request would have to go to the Board for approval. The County Attorney concurs that giving the County Manager or Designee authorization to sign all rental agreements under $25,000.00 and Department/Office Directors authorization under $5,000.00 for agreements that have been approved by the County Attorney would be in the best interest to Lake County. The Office of Purchasing would monitor all purchase orders for rental of equipment, to ensure that an authorized signature is obtained on all rental agreements. (See Attachments 3 and 4 in backup material for sample rental agreements.) Under Purchasing Policy LCC-18, the County Manager has authorization to sign maintenance and service agreements under $25,000.00. If this recommendation is authorized, Purchasing will amend Policy LCC-18 to reflect the appropriate signature authorization for Rental Agreements.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Contracts, Leases and Agreements
Roads-County and State/Road Projects/Public Services
Request from Public Services for approval and execution of an Agreement Between lake County and James H. Mayfield and Margaret H. Mayfield, for Conveyance of Right-of-Way Property and execution of Change Order No. 1 to Road Improvement Project No. 7-94, for Lake Griffin Road, Griffin View Drive, French Road, and Richardson Road, for furnishing and installing approximately 5,280 linear feet of a five-strand barbed wire fence on the Mayfield's property, in the amount of $7,625.00, from the Road Impact Fee Benefit District 3 Fund - Commissioner District 5.
Commr. Cadwell was not present for the discussion or vote.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
PUBLIC SERVICES/ROAD VACATIONS/MUNICIPALITIES/SUBDIVISIONS
ROAD VACATION PETITION NO. 782 - RAYMOND JONES - GROVELAND
Mr. Jim Stivender, Jr., Director, Public Services, explained this request, stating that it was a request from Mr. and Mrs. Raymond Jones to vacate a road in the Groveland Farms Subdivision, Section 33, Township 22, Range 24, near the intersection of Bay Lake Road and Empire Church Road, in south Lake County. He stated that, in reviewing the case, staff discovered that an adjacent property owner (Mr. Gary Johnson) was not in favor of the vacation, therefore, staff was recommending denial of the request. He reviewed a plat of the property in question and answered questions from the Board regarding same.
Mr. Stivender stated that the request is to clear up the title and get rid of a 24 foot easement, noting that half of the road in question is owned by the Jones and half by the Johnsons. He stated that the petitioners have a letter from the property owners to the north stating that they do not object to said vacation; however, there are tracts of land in the old Groveland Farms plat that do not have legal access to the south, other than the 24 foot easement, which creates a problem.
Mr. Stivender stated that it is staff's job to review road vacations for legal access and, if someone has legal access and wants it to remain open, it is their responsibility to bring it to the Board's attention. He noted, for the record, that the request was withdrawn on May 11, 1995, by Mr. Gary Johnson, however, was reintroduced by Mr. Raymond Jones, the Petitioner, on May 12, 1995.
It was noted that this was not the public hearing on this case, only a request for approval to advertise.
Commr. Good stated that he had studied the request in great detail and, according to staff, the vacation would create some legal access problems for some of the properties on the back side of the easement, off Empire Church Road; therefore, until the issue of legal access for those properties is resolved, he did not feel it was proper to move forward with the vacation. He stated that he hated to see the petitioners spend money to advertise the vacation, without the legal access question being answered.
Commr. Hanson stated that she had a problem with the Board stopping a petition from going forward and that she felt the petitioners understood, from the discussion, what their risks are. She further stated that she felt some of the issues could be resolved by the time the advertisement is finished.
Mr. Raymond Jones, Petitioner, appeared before the Board stating that he would like to move forward with the advertisement, noting that he realized he would be risking several hundred dollars in the process.
A motion was made by Commr. Good and seconded by Commr. Hanson to approve a request for approval to advertise Road Vacation Petition No. 782, by Mr. and Mrs. Raymond Jones, to vacate a road in the Groveland Farms Subdivision, Section 33, Township 22, Range 24, Groveland area - Commissioner District 2, with the understanding that approval of the vacation will be based on the fact that everybody involved has legal access to their property.
Under discussion, Commr. Hanson stated that, even if there is legal access, the Board still may not approve the request, depending on what issues come forward at the public hearing.
The Chairman called for a vote on the motion, which was carried unanimously.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
RECESS AND REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COMMUNITY SERVICES/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request from Community Services for approval of a Proclamation, recommended by the Citizens' Commission for Children, proclaiming May 18, 1995, as Drowning Prevention Awareness Day.
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
FACILITIES AND CAPITAL IMPROVEMENTS
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Facilities and Capital Improvements for approval of Amendment to Lease Agreement Between Lake County and The City of Clermont Relating to 882 Desoto Street, Clermont, Florida.
CONTRACTS, LEASES AND AGREEMENTS/COMMUNICATIONS
INFORMATION SERVICES
Mr. Bruce Thorburn, Director, Information Services, appeared before the Board and explained this request, stating that the County is presently under contract for maintenance with GTE Communications Corporation (GTECC), however, effective April 30, 1995, GTECC transferred all of its LEC (Tampa area) operating maintenance and support facilities to a new subsidiary of GTE, General Telephone Customer Networks Incorporated (GTECNI), which he noted will result in a considerable cost savings to the County.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Information Services for approval of transfer of maintenance and support contracts from GTE Communications Corporation to GTE Customer Networks Incorporated, for the remainder of FY 1994-95, and continuance of this function into ensuing years, subject to review and approval by the County Attorney, as an amendment may be necessary to the E9-1-1 contract.
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
PUBLIC SERVICES
Mr. Chuck Pula, Parks and Recreation Coordinator, Public Services, appeared before the Board and explained this request, stating that staff reviewed the parcel in question and discussed it with Mayor Jim Ellrodt, Mayor of the Town of Astatula. He stated that staff is requesting the Board to keep said property in county ownership and long-term leasing it to the Town of Astatula, similar to the Lady Lake Agreement, so that it can be jointly developed for a possible recreation area. He stated that the property is heavily wooded, contains some trails, and has the potential for a passive site, or possibly an active site, with some land clearing. He noted that the Town of Astatula has an interest in developing a water facility on the site.
Mayor Jim Ellrodt, Mayor of the Town of Astatula, appeared before the Board stating that the Town is trying to plan ahead, so they are currently installing a non-potable water system and feel that, in approximately ten years, they will need a well site, or a tower site. He stated that the Town would like to keep its recreational facilities, therefore, has been doing some fund raising for recreational money and has had fairly good success. He stated that he had talked with Mr. Pula about the possibility of putting in some horse trails, or other recreational facilities, and would look forward to working with him regarding same.
Commrs. Hanson and Good stated that they would prefer a long-term lease agreement for the property in question.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved a request from the Town of Astatula for outright conveyance, or long-term lease, of approximately 29 acres of County owned property just north of and adjacent to the Town of Astatula, as requested by Public Services, and directed staff to prepare an interlocal agreement with the City of Astatula, for a long-term lease on said property, and bring same back to the Board, for approval, at a later date.
CONTRACTS, LEASES AND AGREEMENTS/SUBDIVISIONS/PUBLIC SERVICES
Mr. Chuck Pula, Parks and Recreation Coordinator, Public Services, appeared before the Board and explained this request, stating that the Sylvan Shores Homeowners Association has been maintaining the County owned Sylvan Shores Park for the past 15 years, through a maintenance agreement that the County has with them; however, they are no longer able to maintain the park and are requesting that either the County maintain the park, or that they be allowed to hire a private contractor to do so. He stated that, due to the high level of maintenance required at the park, the County is not able to perform the work at a cost that the County feels can compete with a private contractor who has quoted them a bid of $43.75 per week; therefore, Sylvan Shores has asked the County to consider amending its agreement with them and pay half of the costs involved with maintaining the park.
The Board expressed a concern about quality control.
Ms. Barbara Hall, Vice President, Sylvan Shores Homeowners Association, appeared before the Board stating that she drives past the park two to three times per day and would be able to make sure that the park is being kept up to County standards.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request from Public Services for approval and authorization for the Chairman to execute Amendment to Maintenance Agreement Between Lake County and Sylvan Shores Association, Inc. Relating to Sylvan Shores Park.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
SOLID WASTE
Mr. David Crowe, Interim Director, Solid Waste, appeared before the Board and explained this request, stating that the Board had before them an amendment to the SCS Engineer's contract, for the Lady Lake Landfill closure, and that said amendment included the design and construction supervision of the Citizen's Drop-Off Center, being incorporated into the Lady Lake Landfill closure site, for a not-to-exceed amount of $10,170.00. He then answered questions from the Board regarding same.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved a request from Solid Waste for approval and authorization for the Chairman to execute Amendment No. 4 to Agreement Between Lake County and SCS Engineers, for the design of the Citizen's Drop-Off center at the Lady Lake Landfill, and authorization to transfer, encumber, and expend funds, in the amount of $10,170.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/LANDFILLS
PUBLIC SERVICES
Mr. David Crowe, Interim Director, Solid Waste, appeared before the Board and explained this request, stating that it is an amendment to the SCS Engineer's contract, to provide quality assurance for the synthetic liner cap that is being installed at the Lady Lake Landfill. He stated that some time ago staff came before the Board to get permission to go to the synthetic liner cap, instead of the clay, to give the County a better cap, which he noted excited the Department of Environmental Protection. He stated that it also involved a cost savings of approximately
$600-900,000.00, by going from clay to the synthetic liner cap.
Mr. Crowe stated that staff looked at SCS's proposed
not-to-exceed rate of $97,000.00 and compared it against the current contract with Post, Buckley, Schuh & Jernigan, who he noted is doing the synthetic liner cap at the Astatula I Landfill, and found that there was a $300.00 difference, per acre, with SCS being higher. He stated that staff looked into it and found that SCS was proposing the use of a professional engineer in the supervision, where Post, Buckley, Schuh & Jernigan was not, and that there was also an increase in the amount of testing being done, per acre. He stated that, if the Board decided not to go with a professional engineer, the price would drop to $82,930.00, which is 5% below what Post, Buckley, Schuh & Jernigan is currently charging the County. He then answered questions from the Board regarding same.
Commr. Gerber stated that, if the County can save an additional $14,000, she felt the County should go for it.
Commr. Good concurred, stating that he would encourage the County to move in that direction.
Ms. Sue Whittle, Interim County Manager, stated that, as long as SCS Engineers certifies, she did not see any difference in the level of protection for the County.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Solid Waste for approval and authorization for the Chairman to execute Amendment No. 5 to Agreement Between Lake County and SCS Engineers for Geosynthetic Liner Construction Quality Assurance (CQA), for the Lady Lake Landfill Closure; and authorization to transfer, encumber, and expend funds, in an amount not to exceed $82,930.00, to provide FDEP required inspection services for the geosynthetic liner installation at the Lady Lake Landfill and certification. COMMUNITY SERVICES/FEDERAL AGENCIES/GRANTS
Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request, stating that all Section 8 Housing programs are mandated to implement a Self Sufficiency Program and will not receive any future housing allocation funds until they do. He stated that neither the County, nor the City of Leesburg, has implemented said program, because they have not had funding available for a Self Sufficiency Coordinator. He stated that the program assists families in getting off all types of government assistance, by giving them life skills and the ability to do so. He stated that the program is funded year by year and, if funds are not available next year, the County will have to decide what it is going to do, as far as maintaining the program, or funding the position. He then answered questions from the Board regarding same.
Ms. Sue Whittle, Interim County Manager, interjected that the request before the Board this date was for one year and her understanding is that, if the County does not receive HUD (Housing and Urban Development) funding annually, it will not continue the program.
Ms. Teresa Dunham, Section 8 Housing, appeared before the Board stating that she would be working very closely with the Affordable Housing Program, because all the families that will participate will have an escrow account set aside for them that can build up to as much as $1,000.00 or more and, if the families become self-sufficient, to where they are off all social service and welfare programs, they will get the money that is built up within that account.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved a request from Community Services for approval to become the lead agency for the Self Sufficiency Program, under the Department of Housing and Urban Development, and submit an application for funding for a Self Sufficiency Coordinator.
UNFINISHED BUSINESS
COUNTY ATTORNEY
PLANNING AND DEVELOPMENT/SUBDIVISIONS/ZONING
Mr. Rolon Reed, Interim County Attorney, informed the Board that he had received, by wire, a letter indicating that the current developer of the Deer Island development, Mr. Ted Snipes, had resigned his position as general partner and that the Deer Island development was now seeking a new general partner. He stated that he was expecting a letter, by wire, from the attorney for the Mead Trust, which he noted is the first lien holder for the Deer Island development, outlining what they propose to do, if anything, to resuscitate the project. He stated that, until the County finds out who, if anyone, is going to pick it up, he would recommend that no action be taken by the Board this date, regarding the matter, and that it be postponed until the May 23, 1995 Board Meeting.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to postpone the Deer Island Progress Report until the Board Meeting of May 23, 1995.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
ENVIRONMENTAL MANAGEMENT SERVICES
Mr. Jim Barker, Director, Environmental Management Services, appeared before the Board and answered questions regarding appointments to the Lake County Environmental Protection Board.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board appointed the following individuals to the Lake County Environmental Protection Board, for two year terms, beginning June 5, 1995:
Mr. David B. Frederick - Business/Industry Representative
Mr. Robert E. Farner - Engineering Representative
Mr. Steve Adams - Conservation Representative
APPOINTMENTS-RESIGNATIONS/COMMITTEES
OUTDOOR RECREATION
A brief discussion occurred regarding this request.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board appointed the following individuals to the Lake County Parks and Recreation Advisory Board, for two year terms, beginning May 20, 1995:
Mr. Stephen M. Day - District 1 Representative
Ms. Donna M. Weinheimer - District 2 Representative
Further discussion occurred regarding the matter.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board appointed Ms. Barbara Wilson Smith to the Lake County Parks and Recreation Advisory Board, as well, as the District 4 Representative, for a two year term, beginning May 20, 1995.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
MEETINGS/MUNICIPALITIES
Commr. Hanson informed the Board that she would like to schedule a Townhall Meeting for District 4, to be held in Astor.
A brief discussion occurred regarding the matter, at which time a meeting was set for Thursday, June 15, 1995, at 7:00 p.m., at the Astor Community Center.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
ENVIRONMENTAL MANAGEMENT SERVICES/ORDINANCES
Commr. Hanson informed the Board, for informational purposes, that she had recently lobbied for the Flow Control Ordinance, in Washington, D.C., and that she felt she was successful in her lobbying for the County.
REPORTS
COMMISSIONER CADWELL - DISTRICT 5
MEETINGS/MUNICIPALITIES
Commr. Cadwell informed the Board, for informational purposes, that he would be attending the League of Cities Monthly Board Meeting, on Friday, May 19, 1995, at which time recreational fees for county residents would be addressed, and that he would report his findings back to the Board at a later date.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
COMMISSIONERS/MEETINGS
Commr. Gerber read a statement into the record, with regard to a Special Board Meeting that was held on April 27, 1995, for the purpose of approving a land use plan amendment to the County's Comprehensive Plan, for transmittal to Tallahassee, for review by the Department of Community Affairs. The proposed amendment involved some property east of Umatilla, that, if adopted, would change the land use category from suburban to urban expansion. She stated that, at the time that she voted on the amendment, she did not know that her mother owned undeveloped property in said area, which could become more valuable, if the amendment was adopted. She then filed a Conflict of Interest form, noting that she would recuse herself from further votes relating to said amendment.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
COUNTY ATTORNEY/COUNTY EMPLOYEES
Commr. Gerber brought to the attention of the Board a letter that she had received from David M. Griffith & Associates, Ltd. (the firm that the County has contracted with to do the search for a County Attorney), in which they state that, in their continuing efforts to recruit qualified candidates for the position of County Attorney, they researched the qualifications and requirements established by other Florida counties, for same, and discovered that Lake County's requirements are the most stringent in the State, therefore, requested modification, in order to give them
greater flexibility in recruiting candidates.
A brief discussion occurred regarding the matter, however, it was the consensus of the Board to keep the requirements as they are, at this point in time.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
MISCELLANEOUS
Commr. Gerber questioned whether the Board wished to go forward with a Women's Hall of Fame program for Lake County and whether the Board had any ideas for implementing it.
A brief discussion occurred.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the establishment of a Women's Hall of Fame program and requested the Chairman to contact other counties and bring back a format, for approval by the Board.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
TIMES CERTAIN
PRIVATE INDUSTRY COUNCIL
Mr. Larry Tomasetti, Director of the Volusia, Lake, Flagler Private Industry Council, Inc., appeared before the Board and gave a brief presentation regarding the transition status of the Private Industry Council's operation and staff, to become effective June 30, 1995, and an update relative to the Job Training Partnership Program.
Ms. Robbie Hollenbeck, Director, Workforce/Private Industry Council, appeared before the Board stating that Mr. Tomasetti and his staff had made her and her staff feel very welcome in the Volusia, Lake, Flagler Private Industry Council and that they had negotiated in good faith, to the best interest of long-term employees that have been with the Board of County Commissioners, and expressed her gratitude to Mr. Tomasetti for being instrumental in causing that to be effectual.
Commr. Hanson suggested that said item be added to the list of issues to be discussed at the legislative delegation meeting to be held in the Fall.
No action was needed or taken.
REPORTS
COMMISSIONER GOOD - DISTRICT 2
MEETINGS/MISCELLANEOUS
Commr. Good announced, for informational purposes, that the Governor's Office would be holding a Townhall Meeting in the Board of County Commissioner's Meeting Room, on May 31, 1995, at 2:00 p.m., to take citizen comment. He stated that said meeting was an attempt, on the Governor's part, to reach all the counties in Florida.
RECESS AND REASSEMBLY
At 11:25 a.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m.
WORKSHOP - ECONOMIC DEVELOPMENT UPDATE
Commr. Cadwell introduced to those present the following members of the Economic Development Commission of Mid-Florida, Inc. (EDC): Mr. Rick Tesch, President; Mr. Mike Bobroff, Senior Vice President; Mr. Hal Sumrall, Vice President, International Business Development; Ms. Pat Werner, Vice President, Business Retention and Expansion; as well as Mr. Edd Holder, past Chairman of the Industrial Development Authority; and Ms. Leslie Little, Economic Development Coordinator for the City of Leesburg, who were present in the audience. He thanked them for coming.
Mr. Tesch appeared before the Board stating that the EDC likes to come before the Board a few times a year and give a quick update of what is occurring and give the Board an opportunity to ask questions and make comments. He reviewed a handout that had been prepared by the EDC staff and distributed to the Board, expounding on the issues of Expansion and Retention Activities; Domestic Activities; Production Activities; and International Activities.
Commr. Hanson questioned the Orlando area's perception of doing business in Lake County.
Mr. Tesch stated that he did not feel there was a marked difference, at the present time, between the Central Florida counties, because they have all recently done some positive things. Mr. Alvin Jackson, Economic Development Coordinator for Lake County, appeared before the Board stating that, hopefully, American Hotel Register and Carroll Fulmer Trucking Company, Inc. would be moving into the industrial park (Lake County Central Park) at the end of May, 1995. He noted that he was getting continuous calls about the park.
Mr. Tesch stated that the Central Florida region is running out of space, however, markets like Dallas, Atlanta, and Tampa still have an excess of space, so the EDC is going to have to start encouraging the development community to build some spec buildings, or try to marry some users with some builders, so that developers will build in excess of what clients need. He stated that the Central Florida area is losing prospects, because facilities are not available.
A brief discussion occurred regarding the issue of trying to draw international companies to the Central Florida area and what each county needs to do to enhance the effort.
It was noted that said issue would be coming forward at budget time and that the Board would be discussing it more, as time goes on.
The Board thanked Mr. Tesch for his presentation and Ms. Leslie Little, Economic Development Coordinator for the City of Leesburg, for the work that she has done for the EDC, as well as the County.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:00 p.m.
_______________________________
RHONDA H. GERBER, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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