The Lake County Board of County Commissioners met in regular session on Tuesday, October 17, 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; Welton G. Cadwell; Catherine C. Hanson; and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Director of Finance, Audit & Budgets; and Toni M. Riggs, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, requested that Tabs 6 and 11 be pulled from the County Manager's Consent Agenda.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved to pull Tabs 6 and 11, as requested by the County Manager.
MINUTES
Discussion occurred regarding the Minutes of September 19, 1995, Regular Meeting, with the following correction being made:
Page 23, Lines 23-24 - Change "President" to "Executive Director"
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 19, 1995, Regular Meeting, as corrected.
Discussion occurred regarding the Minutes of September 20, 1995, Final Budget Hearing, with the following corrections being made:
Page 4, Lines 5-9 - Change "Affordable Housing by Lake" to "Affordable Housing Program"
Page 4, Line 8 - Add: operational funding
Page 8, Line 11 - Delete: because of the Conservation Council
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the September 20, 1995, Final Budget Hearing, as corrected.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the following requests, Tabs 1-13:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Accounts Allowed/Courts-Judges
Satisfaction of Judgments for the following:
a. In the Interest of Donovan Lee Wilson, A Child, Case No. 89-879-CJ, Donald Wilson and Martha Wilson, in the amount of $150.
b. In the Interest of Mike David Schepper a/k/a Michael David Schepper, A Child, Case No. 90-340-CJ & 89-832-CJ, Elaine Totten, in the amount of $50.
c. In the Interest of Michael D. Schepper, A Child, Case No. 89-832-CJ, Elaine Totten, in the amount of $50.
Accounts Allowed/Budget Transfers/Resolutions
Budget Transfers and Resolutions, as follows:
A. TRANSFERS
1. Fund: General
Dept.: Judiciary/Courts Fees & Costs
From: Contingency $62,000
To: Court Fees & Costs $50,000
Other Misc. Costs $12,000
Transfer #: 95-383
Justification: Due to increased court activity, a transfer from Contingency is needed to cover the cost of court billings, appeals, and other miscellaneous costs which the County is required to pay. Balance of Contingency is $124,230 after transfer.
2. Fund: Solid Waste Management
Dept.: Solid Waste
From: Contingency $150,000
To: Debt Service Costs $150,000
Transfer #: 95-386
Justification: Transfer needed to cover Debt Service costs. Balance in contingency is $572,906 after transfer.
3. Fund: Solid Waste Management
Dept.: Solid Waste
From: Contingency $312,982
To: Contractual Services $312,982
Transfer #: 95-390
Justification: Transfer needed to pay last payment to Ogden Martin Systems of Lake. Balance in Contingency after transfer is $190,924.
4. Fund: General
Dept.: Public Defender
From: Personal Services $27,327
To: Contractual Services $27,327
Transfer #: 96-001 (95/96 Fiscal Year)
Justification: The amount budgeted for the Public Defender's paralegal position needs to be transferred to Contractual Services. These funds then can be transferred to Howard H. Babb, Public Defender, per the agreement reached between the County and the Public Defender's Office.
5. Authorization: Direct Pay to Public Defender in the amount of $27,327 for Paralegal salary.
6. Fund: General
Dept.: Judiciary/Conflict Attorneys
From: Contingency $40,000
To: Professional Services $40,000
Transfer #: 95-401
Justification: Transfer from Contingency is necessary due to an increased number of conflict attorneys required to handle the increased number of County defendant cases of the Public Defender. Balance of 94/95 Contingency after transfer is $84,230.
7. Fund: County Fire
Dept.: Fire & Emergency Services
From: Special Reserve $421,464
To: Machinery & Equipment $421,464
Transfer #: 96-003
Justification: Transfer needed to pay for the new pumpers, which are coming in two months ahead of schedule. Cash carried forward in the budget will replenish Special Reserve. This transfer is for the 95/96 fiscal year.
Recommendation: Approve 1-7
B. RESOLUTIONS
1. Fund: General
Dept.: Constitutional Officers/Sheriff
Revenue: Development Fees - Sheriff $10,527
Expenditure: Contingency - Sheriff
Development Fees $10,527
Justification: Resolution to record into the General Fund the remaining portion of funds received from the Bramela aka West Lake aka Summer Bay DRI Developer's Agreement calling for 8.63% to be allocated to the Sheriff's Office.
2. Fund: Resort/Development Tax Fund
Dept.: Tourist Development
Revenue: Donations $2,312
Expense: Ag Museum Expenses $2,312
Amendment #: 95-397
Justification: Resolution to record the donations received for the Agricultural Museum presentation to the Florida Agricultural Museum Board of Trustees.
3. Fund: Law Enforcement Trust Fund
Dept.: Constitutional Officers/Sheriff
Revenue: Confiscated Property $11,552
Expenditure: Machinery & Equipment $10,552
Aids to Governmental
Agencies $1,000
Amendment #: 95-398
Utilities
Before the Florida Public Service Commission:
a. In Re: Application for limited proceeding to adjust rates to recover expenses of changing water storage tanks in Lake County by Theodore S. Jansen d/b/a Ravenswood Water System, Notice of Proposed Agency Action Order Approving Application for Limited Proceeding and Approving Rates.
b. Notice of Commission Hearing and Prehearing, Docket No. 950149-TC - Initiation of Show Cause Proceedings Against North American Intelecom, Inc. for Violation of Commission Rules and Orders, Docket No. 930416-TC - Investigation of North American Intelecom, Inc. for Incorrect Billing of Collect Calls from Various Prisons, Friday, September 29, 1995, 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.
c. Notice of Staff Workshop Before the Florida Public Service Commission to All Parties and All Interested Persons; Undocketed; In Re: Statewide Average Rates for Tax Purposes. Staff will conduct a workshop on October 5, 1995, at 9:30 a.m., Room 152, Betty Easley Conference Center, Tallahassee, Florida.
d. Notice of Commission Hearing and Prehearing to All Parties and All Other Interested Persons; Docket No. 950985-TP; In Re: Resolution of Petition(s) to establish nondiscriminatory rates, terms, and conditions for interconnection involving local exchange companies and alternative local exchange companies pursuant to Section 364.162, Florida Statutes. Notice is hereby given that a prehearing conference is to be held on October 9, 1995 and a Public Hearing is to be held on October 23-28, 1995, Room 148, Betty Easley Conference Center, Tallahassee, Florida.
Communications/Meetings
Received notice of public meeting schedule and a District map for Deer Island Community Development District, in accordance with Chapter 189, Florida Statutes.
Communications
Received from Stan Bainter, State Representative, a letter of notification of the Lake County Legislative Delegation public hearings on November 29, 1995 and January 17, 1996, to be held at Lake-Sumter Community College.
State Agencies
Received from the Department of Environmental Protection information regarding the establishment of the Coastal Protection Restoration Program (CPRP).
Municipalities/Ordinances
Received from the City of Fruitland Park, a copy of Ordinance #95-004 providing for the annexation of property generally located on the south side of Gray's Airport Road, Fruitland park, Florida, and generally known as the Logan property.
Municipalities/Ordinances
Received from the City of Leesburg, a copy of Ordinance No. 95-24 annexing certain property owned by Leesburg Church of God in Christ, generally located east of County Road 468, north of Montclair Road, and south of Edgewood Road.
Municipalities/Ordinances
Received from the City of Leesburg, a copy of Ordinance No. 95-25 annexing certain property owned by United Southern Bank, generally located at the northeast corner of the intersection of Indian Trail and U.S. Highway 27/441 (Citrus Boulevard).
Municipalities/Ordinances
Received from the City of Eustis:
a. A copy of Ordinance No. 95-23 annexing that property being .34 acres, with a single family residence currently being constructed (Lake County permit #T9501979) at 1227 Lakeview Drive, into the corporate limits of the City of Eustis.
b. A copy of Ordinance No. 95-26 annexing that property being .41 acres, J & C's B.B.Q. Restaurant, on the south side of Hwy. 441, into the corporate limits of the City of Eustis.
Bonds - Contractor
Contractor Bonds, as follows:
New
801-96 James L. Stinson dba Stinson Electric Inc. (Elec.)
936-96 Joseph R. Bon Jorn dba Advance Electric (Elec.)
1111-97 Carroll Walter (Aluminum)
1200-96 James D. Bass (Plumbing)
1336-96 Michael Coven (General Contractor)
1365-96 Ronald W. Thomley (Mobile Home Set Up)
1619-97 Ted Cushing Plumbing, Inc. (Plumbing)
1871-96 Donald L. Beal (Residential)
1949-96 John Victor Farris dba Vic Farris Air Cond. & Heating (Class B Air Cond.)
1965-97 Willard D. Kennedy (Master Electrical)
3096-96 Terry Ross dba Terry Ross Plumbing (Plumbing)
4012-96 William T. Dalton III & Dennis Smith dba
Dalton & Owens Electric Services (Electrical)
4147-96 Tri City Plumbing Inc. (Plumbing)
4203-96 Thomas M. Richardson (Residential)
4301-96 Austin B. Guinan (Electrical)
4353-96 Tri-County Heating & Cooling (Heating & Air Cond.)
4381-97 Jim White Electric, Inc. (Electrician)
4388-97 Richard Hirsch dba Hirsch Electric (Electrical)
4536-96 Peltz Inc. dba Mike Peltz Professional Plumbing
(Plumbing)
4551-97 Brown Builders of Marion County, Inc. (Building)
4557-96 Craig Rager Construction Co., Inc.
4601-96 Emcee Electric (Electrical)
4613-96 Robert H. Morris c/o Mid State Electric, Inc.
(Electrical)
4630-96 National Hearing & Air Conditioning, Inc.
(Hearing & Air Cond.)
4707-97 Russell C. Pike dba Pikes Electric (Electrical)
4765-97 Dale Robert Ellis (Aluminum)
4773-96 Robert S. Patrick (Aluminum Contractor)
4830-96 Scott Paul Skipper/S P S Roofing, Inc. (Roofing)
4867-96 Bradley Richard Wightman (Residential Contractor)
4894-96 Bentley Pinder, Sr. dba Bentley Pinder Construction
4951-96 Paul E. Guimond (Electrical)
4968-96 Edward P. Degal dba Lilley Air Conditioning
5036-96 James J. Lanier of J & J Electric (Electrical)
5117-96 J. B. Johnson dba "Fore J" of Lake County dba
Johnson Electric (Electrical)
5173-96 Robert C. Robey (Concrete)
5194-96 William H. Lynum, Jr.
5230-96 H & R Electrical Contractors Inc. (Electrical)
5249-97 Blue Horizon Electric, Inc. (Electrical)
5275-96 Dollard Enterprises (Electrical)
5284-96 Rickey G. Gibson dba Lake Sumter Plumbing, Inc.
(Plumbing)
5311-97 Richard A. Granville Plumbing
5364-96 Tom Lane Construction (Residential Contractor)
5369-96 W H Alderman Jr./W H Alderman (Plumbing & Heating)
5381-97 Southern Tradition Construction
5383-96 Alan D. Brotz (Electrical)
5387-96 Donna Mahnken dba Main Line Electrical Contractors
(Electrical)
5408-96 Herb Fette (Driveway & Sidewalk Paving)
5409-96 Daniel G. Puglisi (Electrical Contractor)
5410-96 Randy LaBour for TLC Electric, Inc.
COURTHOUSE/CONSTITUTIONAL OFFICERS
Mr. James C. Watkins, Clerk, addressed the Board and stated that, when the renovation of the Historic Courthouse was completed, there had been a cadre of pictures of former constitutional officers in the courtroom. He explained that there had been a time when the families of the officers attended a memorial type service in their remembrance. Mr. Watkins recommended that the Board consider how this should be done in perpetuity and suggested that the Historical Society, or someone, be responsible to see that this was done. He noted that there would be a very minimal cost involved.
Mr. Mike Anderson, Director of Facilities and Capital Improvements, addressed the Board and stated that he had the pictures, which had been on display in the Historical Courtroom, in his possession.
Commr. Gerber extended her appreciation to Mr. Watkins for his interest in this issue and stated that she would continue with it.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Tabs 3-29, with the exclusion of Tabs 6 and 11, for the following requests:
Community Services/Committees/Resolutions
Approval and execution of Resolution amending Resolution 1994-19 creating the Lake County Comprehensive Health Care Committee.
Accounts Allowed/Community Services
Approval of payment of monthly Medicaid Hospital bill in the amount of $64,447.28 and the Medicaid Nursing Home bill in the amount of $34,955.84 for the month of August.
Budgets/Grants/Libraries
Approval and execution of State Aid to Libraries Grant Application - 1996 showing approved appropriations for the combined Lake County Library System budget.
Accounts Allowed/Animal Control/Budgets
Approval to increase the overall project budget for the Animal Control Facility in the amount of $22,604.55.
Contracts, Leases & Agreements/Fire and Emergency Services
Education
Approval of renewal of the Training Partnership Agreement between Lake County Board of County Commissioners and Lake County School Board for fire/rescue training.
Human Resources/Insurance
Approval of continuation of the present Section 125 Flexible Benefits Plan vendors for the plan year 1/1/96 to 12/31/96, and authorization for Chairman to execute the appropriate document(s), subject to County Attorney's review and approval.
Planning and Development/Resolutions
Approval and execution of Resolution supporting the Voluntary Dollar Distribution Formula proposed by the Executive Director of the Florida Commission for the Transportation Disadvantaged.
Budgets/Contracts, Leases & Agreements/State Agencies
Resolutions
Approval and execution of Resolution amending the Storage Tanks budget to include unanticipated funds from the Department of Environmental Protection in accordance with the Agreement for Storage Tank System Compliance Verification Program for Lake County.
Contracts, Leases & Agreements/Grants
Approval and execution of Contract Amendment No. 2 for surveying services by John B. Webb & Associates related to Community Development Block Grant (CDBG).
Contracts, Leases & Agreements/Municipalities
Approval for Chairman to execute Agreements with City of Fruitland Park, Lake Aquatics Swim Club, Town of Montverde, City of Minneola, City of Tavares, Ft. Bennett Kiddie City, Inc., Mt. Plymouth Landowners League, Inc., Lady Lake American Legion, Inc., City of Umatilla, and Town of Lady Lake, recipients of the Parks and Recreation Capital Improvement Program for Fiscal Year 1995/96 that were approved by the Board of County Commissioners on June 7, 1995.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Taxes
Approval and authorization for Chairman to execute First Amendment to Interlocal Agreement between Lake County and City of Fruitland Park relating to contribution of infrastructure sales tax funds for recreational programs, and approval to expend funds in the amount of $18,839.90.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Taxes
Approval and authorization for Chairman to execute First Amendment to Interlocal Agreement between Lake County and City of Groveland relating to contribution of infrastructure sales tax funds for recreational programs, and approval to expend funds in the amount of $20,000.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Taxes
Approval and authorization for Chairman to execute First Amendment to Interlocal Agreement between Lake County and The Greater Altoona Society relating to contribution of infrastructure sales tax funds for recreational programs, and approval to expend funds in the amount of $15,171.
Contracts, Leases & Agreements/State Agencies
Approval and execution of First Amendment to Agreement between The St. Johns River Water Management District and lake County to control nuisance plants on Emeralda Marsh Conservation area in Lake County.
Accounts Allowed/Assessments/Contracts, Leases & Agreements
Road Projects
Approval and execution of Change Order No. 1 to Swan Road Special Assessment Project No. SA-80 for paving between the railroad tracks, removing additional trees, and extending a swale in the amount of $1,760 - Commissioner District 4.
Accounts Allowed/Subdivisions
Approval to release a Letter of Credit for performance in the amount of $6,541.70 for Garden City Subdivision Phase 1-C.
Accounts Allowed/Bids/Road Projects
Approval to award Kismet Road Resurfacing Project No. 13-95, Bid No. B-6-5-27, to C.A. Meyer Paving & Construction Co., Inc., and to encumber and expend funds in the amount of $69,366.24 from the Transportation Trust Fund - Commissioner Districts 4 and 5.
Accounts Allowed/Bids/Road Projects
Approval to award CR-33/CR-48 Widening and Resurfacing Project No. 15-95, Bid No. B-6-5-29, to C.A. Meyer Paving & Construction Co., Inc., and to encumber and expend funds in the amount of $765,726.14 from the Road Impact Fee Fund - Benefit District 4, Commissioner District 2.
Accounts Allowed/Bids/Road Projects
Approval to award Leonard Way Paving Project No. 16-95, Bid No. B-6-5-28 to Lindsley Paving Company, and to encumber and expend funds in the amount of $109,938.56 from the Transportation Trust Fund - Commissioner District 4.
Roads-County & State/Municipalities
Acceptance of a Maintenance Map for a portion of County Road 42 in Paisley.
Deeds/Roads-County & State
Approval of th following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2776
Applicant: Lizabeth A. Moore
Location: Third Addition to Section "A",
Mt. Plymouth
Recommend: Reserve 25 feet from the center line of Dufferin Ave., also known as Duffering St. (reserve platted R/W)
Deeds/Roads-County & State
Acceptance of the following Statutory Warranty Deeds:
Herman J. Heidrich & Sons
East Lake Seneca #4-6084
Dawn McDermott
Lake Seneca #4-5983
G. Russell Bryan (1)
Skyline #5-7773
G. Russell Bryan (2)
West Skyline #5-7672
Mid-Lakes Development (1)
Skyline #5-7773
Mid-Lakes Development (2)
West Skyline #5-7672
Vaughn Trust
West Skyline #5-7672
City of Umatilla (1)
West Skyline #5-7773
City of Umatilla (2)
Skyline #5-7672
Jean A. Query
Bird Rd. #4-4683
Richard E. McCallman, Frances McCallman, & Edith Halbrook
Burhans Rd. #4-6981
Jason S. Burgos & Edward F. Hargroves
S. EmEnEl Grove Rd. #5-7837
Southern States Utilities, Inc.
Genius Ct. #5-6707A
Accounts Allowed/Contracts, Leases & Agreements/Bids
Purchasing
Request 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
COMMUNITY SERVICES $52,000.00
Fisher Scientific Item #2, 6-12, 18, 27, 32, 34, 41-43, and 49; Aero Products Item #5, 14, 15, 17, and 21; Quad B Item #19; Lab Safety Item #26 and 40; Shandon Lipshaw Item #28, 35, 37, and 38/Authorization to extend Bid #B-3-4-10, Morgue Supplies for one additional year per the terms of the original Bid and issue Blanket Purchase Orders within budgeted funds. The original Bid Award was approved by the Board on February 1, 1994. Funding for this Purchase Order will be from Account #001.2031170.527.8300520.
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
PUBLIC SERVICES $33,000.00
E.A.Mariani Asphalt Company/Permission to waive Bid requirements and issue a Blanket Purchase Order within budgeted funds for RC-70 liquid asphalt. This is a proprietary purchase. We have tried to Bid this in the past years but they are the only known vendor in the State of Florida that can provide RC-70 liquid asphalt per DOT specifications. Funding for this Purchase Order will be from Account #112.5053200.541.8300530.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
TAX COLLECTOR $25,083.60
Leesburg Market Place/Authorization to encumber budgeted funds for the lease of office space for the Leesburg Tag Office for one additional year. The five year lease agreement was Board approved on September 21, 1993. Funding for this lease will be from Account #001.7072100.513.8300440.
TAX COLLECTOR $43,070.90
Tavares Associates/Authorization to encumber budgeted funds for the lease of the Tavares Tag Office for one additional year. The three year lease agreement was Board approved on December 6, 1994. Funding for this lease will be from Account #001.7072100.513.8300440.
TAX COLLECTOR $9,600.00
James Meadows/Authorization to accept a mutual letter of option to renew the lease agreement for the Clermont Tag Office for two additional year and encumber FY 95/96 budgeted funds. Funding for this lease will be from Account #001.7072100.513.8300440.
SOLID WASTE $110,220.00
Ringhaver Equipment/Permission to waive Bid requirements, have the Chairman sign the Maintenance Agreements and issue six Purchase Orders within budgeted funds for Preventative Maintenance Agreements, plus Parts and Repairs for six pieces of Caterpillar equipment. The Preventative maintenance Agreement cost for two (2) each Loaders, two (2) each compactors and two (2) each Dozers is $22,800 and the estimated cost for repairs and parts is $87,420. Ringhaver Equipment is the Authorized Caterpillar Dealer for Lake County. Per Purchasing Policy, LCC-18, Original Equipment Manufacturer (OEM) or an authorized service representative are exempt from the Bid process. The Board approved FY 94/95 Agreements and Purchase Orders on October 4, 1994. Funding will be from Account #420.4569100.534.8300460.
COUNTY WIDE $55,000.00
Two Way Communications/Authorization to extend for one additional year, Proposal #P-6-4-12, Two Way Communication Maintenance, authorize the Chairman to sign the option to renew, pending the County Attorney's approval and encumber budgeted funds for various Departments. The Board approved the original award recommendation and Contract on October 14, 1994.
COMMUNITY SERVICES $60,000.00
Clinical Therapy Systems/Authorization to extend for one additional year, the Sheriff's Bid #99/22/94, Over The Counter Prescription Medication for Inmates and issue a Blanket Purchase Order within budgeted funds. The Board approved the original award recommendation on October 18, 1994. Funding will be from Account #001.7073210.521.8300337.
COMMUNITY SERVICES $63,300.00
Dr. William Shutze/Authorization to encumber budgeted funds for Dr. Shutze's Contract to provide Histology, Toxicology and Utilities Services. The Board approved the mutual letter of option to renew Dr. Shutze's Contract for Medical Examiner for one additional year on September 19, 1995. The Board approved these services in the original Contract on November 15, 1994. Funding for this service is from Account #001.2031170.567.8300319.
COMMUNITY SERVICES $30,000.00
Life Stream Behavioral Center/Authorization to accept a mutual letter of option to renew Life Stream Behavioral Center's Contract for psychiatric services for jail inmates and encumber budgeted funds. The Board approved the original contract on October 18, 1994. Funding for this service is from Account #001.7073210.523.8300337.
COMMUNITY SERVICES $150,000.00
Florida Hospital Waterman/Authorization to encumber budgeted funds for Florida Hospital Waterman's Contract for jail inmate medical costs. The Board approved the original Contract on September 6, 1994. Funding for this service is from Account #001.7073210.523.8300337.
COMMUNITY SERVICES $348,938.00
City of Mount Dora @ $64,221, City of Umatilla @ $86,867, City of Tavares @ $78,378, Town of Lady Lake @ $36,310 and Cooper Memorial Library Association Inc. @ $83,162/Authorization to encumber budgeted funds to provide Library Services per the Interlocal Agreement for each of the five listed entities. The Board approved the three (3) year Interlocal Agreements on September 6, 1994. Funding for this service is from Account #690.2038300.571.8300340.
Accounts Allowed/Assessments
Approval of waiver of special assessment balance for the following account:
#674001 Michael & Terrie Murphy $5.17
Accounts Allowed/Assessments
Approval and authorization for Chairman to execute Satisfaction of Assessment Liens for the following 29 road assessments:
Assessment # Name Amount Paid
651106 Thomas & Clarice Keithan $ 329.57
654165 Lafayette Dowdell $ 809.07
654166 Lafayette Dowdell $ 809.07
654368 Michael T. Costello $ 855.63
654369 Michael T. Costello $ 855.63
654590 Terry W. Hoffman $1,069.73
661007 Ethel Rae McCoy $1,590.28
661008 Ethel Rae McCoy $1,590.27
661011 Donald L. Robinson $1,656.30
661094 Ivedent Lloyd Et Al $1,668.22
661100 Hughe & Elizabeth Cox $2,025.18
661101 Hughe & Elizabeth Cox $2,025.18
661125 Walter & Jean Smith $2,548.61
661169 Robert Allen Ellis $2,466.03
661291 Julia Bernice Wheeler $ 767.80
661355 Hughe & Elizabeth Cox $1,814.54
661356 Hughe & Elizabeth Cox $1,771.78
661475 Randy & Tanis MacFarland $1,478.69
661484 Opal & Paul Cook Estate $ 834.69
662017 Stanley Elkins $4,983.80
665021 Leslie & Linda Hanson $3,422.72
677028 Robert Rumpf $1,316.57
677054 Edretta Lehman $ 689.75
679009 Vernon & Faye Jenkins $ 340.66
679021 Judith Jordan $ 471.70
681011 Donald & Doris Scharnitzke $1,588.17
787004 Roxella Mauk $2,194.29
794022 Leonard Connell $1,249.47
794067 William E. Plant $ 915.16
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Contracts, Leases & Agreements/Information Services
Clarification and approval of cancellation clause in the Telecommunications Maintenance Agreements with GTECNI.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
COMMITTEES/RESOLUTIONS
The Chairman noted that no one was present to accept Proclamation 1995-207 proclaiming the period of October 15-22, 1995 to be Business and Professional Women's Club Week in Lake County. Commr. Hanson stated that she would distribute it to the appropriate individuals.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one attending the meeting wished to present questions, comments or concerns to the Board.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the appointment of Marlette Liveright as the City of Mount Dora library representative on the Lake County Library Board for a three year term to expire October 1, 1998.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY POLICY/COMMUNITY SERVICES
Mr. Fletcher Smith, Director of Community Services, addressed the Board to discuss the General Assistance Program guidelines and policies for Fiscal Year 1995-96. Mr. Smith explained that staff had met with a number of different agencies in Lake County that provided assistance to citizens. He met with Mr. Jim Lowe, Lake Community Action Agency (LCAA), and discussed how the County could make the funds at the County level have a more significant impact to assist people in the community. Mr. Smith stated that staff was recommending that the General Assistance Program funds be used as funds of a last resort, after citizens have been referred to other agencies in the County that were able to assist them. He further stated that staff would also like to utilize the LCAA income guidelines, which were the same as the ones that were established in July, which would be 125% of the Federal Poverty guidelines. Mr. Smith requested that, when the County entered into the agreement this budget year, for the funds being allocated to the LCAA, which was $7,500, it be more specific as to the utilization of those funds. Mr. Smith explained that, because the LCAA did not have a program to assist citizens with prescription medications, he would like the County to serve as a resource for them. He wanted to earmark $5,000 to rent and utilities and $3,000 to prescription drugs. He noted that he would be notified some time in November, or December, if the County was going to be getting some subsidized funding from the State level. He anticipated the funding only lasting approximately three months. Mr. Smith stated that he would like the County guidelines to be based on the guidelines of the LCAA, where the citizens were eligible for assistance every other year.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the General Assistance Program guidelines and policies for Fiscal Year 1995-96, as outlined above by Mr. Smith.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Mr. Mike Anderson, Director, Facilities and Capital Improvements, addressed the Board to discuss the request to approve and execute the Change Orders to the Metric Renovation Contract at an additional cost of $709,260, and to present an update on the work activities and expenses incurred to date. Mr. Anderson presented an explanation of the backup material, which included a graph of the Lake County Government Center, and consisted of information regarding a recap of change orders, as a result of enhancements, or additions to the scope of work.
Mr. Terry Short, Odell & Associates, presented the Board with backup material consisting of Change Order Explanations. It was noted that Mr. Tom Mitchell and Mr. Chip Angenendt, Metric Construction, were present to answer questions of the Board.
Mr. Short and Mr. Anderson reviewed the information provided to the Board, which included the following information:
Sheriff's Administration Building
Forensic Lab $135,000 Increase in Scope
Close Out Items $ 5,874 Contingency
Hardware Allowance $ 17,000 Contingency
County Administration Building
5th Floor Revisions $ 60,761 Increase in Scope
2nd Floor Insulation $ 5,590 Increase in Scope
2nd Floor Return Air Ducts $ 5,984 Contingency
Millwork Changes $ 3,767 Contingency
4th & 5th Move-In Changes $ 5,000 Contingency
Fixtures, Furniture & Equipment (F.F.&E.)
Scope Increase $208,000 Increase in Scope
Other Owner Costs & Expenses
A/E Fee Adjustments $207,284
H.C.H. Abatement $ 40,000 Estimated
Additional Reimbursables $ 15,000
Discussion occurred regarding the good working relationship that had been established between the County and the City of Tavares, when unanticipated changes had to be addressed. It was noted that Mr. Anderson was scheduled to meet with the City this evening to discuss the parking issue, and that he would be making a report to the Board at a future date.
Commr. Swartz stated that Mr. Anderson might want to discuss the amount of parking the Sheriff had at his existing rental spaces that were being vacated, which might help the situation relative to the parking that may appear to be required, as opposed to what was available.
Mr. Anderson noted that, at the time he makes his report on the parking, one of the long term options that might be considered would be some sort of structured parking.
Discussion occurred regarding the anticipated signage, and the additional enhancements that may be needed to the audio visual system in the Administration Building.
Mr. Anderson informed the Board that staff would be coming back at a later date to re-address the Contingency on the Historical Courthouse.
Commr. Swartz stated that the real impacts that the Board had seen throughout the project had been the result of finding things in the renovation project that could not be anticipated.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the execution of the Change Orders to the Metric Renovation Contract at additional cost of $709,260.
RECESS & REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
HUMAN RESOURCES/COUNTY EMPLOYEES
Mr. Joe Grawet, Personnel Manager, addressed the Board and stated that the request before the Board formalized a process that had been done informally in the past, where a memo would be distributed with a chart that could be used by department directors in setting merit increases. The process today formalized a chart, in whole percentage increments, that related to intervals of scores on performance appraisal. The percentage increase would be applied to the mid-point of the pay range plus excelerating movement in the first half of the range, and decelerating movement in the upper half of the range. Mr. Grawet noted that the County had used the 0-3 in past years, and now the 0-4 would be applied to the mid-point, as recommended in the study prepared by David M. Griffith & Associates (DMG).
Ms. Sue Whittle, County Manager, explained that the County had budgeted 1 1/2 percent of the payroll for merit increase, based on the pay for performance system that had been instituted. There had been extensive training of all of the supervisory staff in the County on the new system, and the 1 1/2 percent would easily fund an "up to" four percent increase.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the merit pay increases based on performance appraisal ratings, with percentage of increase to be as assigned to specified weighted performance appraisal rating intervals, as presented in the attached information, and for the percentage of increase to be applied to the mid-point of the employee's pay grade.
INFORMATION SERVICES/ORDINANCES
Mr. Bruce Thorburn, Director of Information Services, addressed the Board to discuss the request to approve to advertise an Ordinance, which would abolish and replace Addressing Ordinance No. 1992-1. Mr. Thorburn stated that staff had extensively reviewed the existing Addressing Ordinance and developed a number of modifications to it. He noted that the proposed Ordinance would provide for more uniform address assignment and identification within unincorporated Lake County. The proposed Ordinance stated that the Board shall have authority to change the name of any road within the unincorporated limits of the County whenever the health, safety, or welfare of the residents shall so require, or whenever a public purpose shall be served. Mr. Thorburn stated that the only other significant change to the Ordinance was the forced naming of easements.
Commr. Swartz referred to Page 5 of the proposed Ordinance and the statement that required that private roads/easements be named under specific conditions. He questioned whether this would pertain to new or existing ones being required to be named.
Mr. Thorburn stated that the conditions would refer to new private roads/easements, and he was requesting that the Board approve to advertise the proposed Ordinance, so that a public hearing could be held, and all issues could be addressed.
Commr. Swartz stated that the intent was not to change existing street names and requirements, but to change the requirements for all new ones, and the method in which someone could change the name of a road. He stated that he would like to have the County Attorney review the proposed language to make sure that it pertained primarily to new roads and names, and to determine whether additional language was needed to make it clear in those terms. Commr. Swartz stated that, before the public hearing, he would like to have a cover sheet with the specific changes and a synopsis of those changes, and a review as to whether the language needed to clarify, because of the intent.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved to advertise an Ordinance which would abolish and replace Addressing Ordinance No. 1992-1.
Commr. Cadwell was not present for the vote.
GRANTS/RESOLUTIONS/PLANNING AND DEVELOPMENT
Mr. Paul Bergmann, Senior Director of Planning and Development, was present to discuss the request for approval of the Resolution amending the Lake County Facilities Directory, ADA Compliance Plan Related to Community Development Block Grant.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 4-0 vote, the Board approved the Resolution, as stated above.
Commr. Cadwell was not present for the discussion or vote.
GRANTS/PLANNING AND DEVELOPMENT
Mr. Paul Bergmann, Senior Director of Planning and Development, was present to discuss the request for approval of the Citizen Participation Plan applicable to the Community Development Block Grant.
Mr. John Cento, Planner II, addressed the Board and explained that the Plan incorporated the establishment of the Task Forces, and the citizen complaint process.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the Citizen Participation Plan applicable to the Community Development Block Grant.
RESOLUTIONS/ENVIRONMENTAL MANAGEMENT
Mr. Paul Bergmann, Senior Director, Planning and Development, addressed the Board to discuss the request for approval and execution of the Resolution acknowledging the benefits of prescribed burning as a land management tool.
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the execution of the Resolution acknowledging the benefits of prescribed burning as a land management tool, supporting its application, and encouraging intergovernmental coordination and public education efforts to protect the environment and the public safety and welfare.
COMMITTEES/BIDS/ACCOUNTS ALLOWED/SOLID WASTE
Mr. David Crowe, Acting Director, Department of Solid Waste Management Services, appeared before the Board to request approval to establish a Design Committee to prepare a design/build criteria package, establish a Selection Committee, advertise and solicit bids for the construction of an Employee Breakroom, Scalehouse, Off-Road Fuel Facility, Facility Lighting Protection, and Hazardous Waste Collection Center expansion. It was noted that the fiscal impact would be $329,000. Mr. Crowe stated that staff was recommending that the Design Committee consist of the Commission Liaison, County Manager, Public Services representative, Capital Improvements representative, Solid Waste Director, Solid Waste Construction Contracts Manager, and the Solid Waste Disposal Operations Manager.
Mr. Jim Stivender, Director of Public Services, addressed the Board and stated that the existing scale equipment was purchased in 1987.
Discussion occurred regarding plans being made for new scale equipment, with Mr. Crowe explaining that it would be the decision of the Design Team, and that it could be an option.
Commr. Swartz stated that the information provided to the Board indicated that the existing scale equipment was outdated and required constant maintenance, therefore, new scale equipment was being planned for the project.
Mr. Gary Deboe, Costruction Contracts Manager, addressed the Board and stated that an allowance had been included in the estimate for the replacement of the scale equipment. He noted that the approximate cost for a scalehouse would be $25-30,000.
Discussion occurred regarding a study that had been made by Dr. Raymond A. Shapek, P.H.D., University of Central Florida (UCF), which had been provided to the County Manager and had been reviewed by the Solid Waste Advisory Committee.
Ms. Sue Whittle, County Manager, noted that she would make sure that the study was provided to the Board members. At this time, Ms. Whittle informed the Board that yesterday she had finalized arrangements with Mr. Don Post, Hernando County, who would be the new Solid Waste Director.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to establish a Design Committee, prepare a design/build criteria package, establish a Selection Committee, advertise and solicit bids for the construction of an Employee Breakroom, Scalehouse, Off-Road Fuel Facility, Facility Lighting Protection, and Hazardous Waste Collection Center expansion, at an estimated fiscal impact of $329,000.
Ms. Whittle explained that she had commissioned the study as a working tool in evaluating the department through the selection of the new director, and the study had been forwarded to the Advisory Committee, but she would bring back a full report to the Board. Ms. Whittle extended her appreciation to Mr. Crowe for the outstanding job he had done as Interim Director of Solid Waste.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. David Crowe, Acting Director, Department of Solid Waste Management Services, addressed the Board to discuss the request for approval of the Change Order No. 2 increasing the scope of work for the design/build contract with Hunter-Nelson, Inc. Mr. Crowe stated that, through research, the original specifications included a compactor for plastics, and after consulting with end users and recycling brokers, they discouraged the use of a compactor. Mr. Crowe explained the reasons and stated that staff had gotten prices for a baler to replace the compactor, at an increase of approximately $23,000 over what had been allotted for the compactor. Mr. Crowe stated that the second item pertained to an energy requirement, which would require re-routing electrical service for Lift Station No. 1, in order to construct the subject facility and provide an emergency power supply in case of outages.
Commr. Gerber stated that she would like to postpone action on the issue presented by Mr. Crowe, until Mr. Post had taken his position with the County.
Commr. Swartz stated that, at a minimum, the Board needed to not buy the equipment that was within the current contract, but that the second request regarding the electrical service needed to be addressed regardless.
Discussion occurred regarding whether there would be any problem with delaying a decision on the request before the Board.
Mr. Gary Deboe, Construction Contracts Manager, stated that he had consulted with Sumter Electric Cooperative (SECO) and that the electrical service from C.R. 561 could be installed within a week or two, but was not critical at this time, and with the work that was currently being done by the contractor, the estimate being made for a higher load baler was not requiring any additional cost right now, and therefore, it was not holding up the process of the project. He stated that a stop had been placed on the compactor pending on the decision of the Board, and he could confirm the time of delivery for the compactor and report back to the Board.
Ms. Sue Whittle, County Manager, explained that the Board could withdraw the request, and if there was a problem, and it needed to be brought back to the Board, the Board had a meeting scheduled for next week, and it could be heard at that time.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved to postpone action on the request for approval of the Change Order No. 2 increasing the scope of work for the design/build contract with Hunter-Nelson, Inc., as presented by staff, and if it was determined that there was a problem, or anything that needed to be done immediately to move forward with the project, the request could be brought back next week.
TIMES CERTAIN
Commr. Gerber informed the Board that she had been advised by the County Attorney that the item that had been scheduled at 2 p.m. on the agenda could be moved up for discussion at a earlier time.
REPORTS/PUBLIC SERVICES
It was noted that the following staff members were present for the Stormwater Utility Quarterly Report: Mr. Jim Stivender, Director of Engineering; Ms. Lora Bailey, Engineer III; Mr. Don Griffey, Director of Engineering; and Ms. Kathy McDonald, Program Coordinator.
Ms. Bailey stated that the Board members had previously received a Quarterly Report, and the Lake Enhancement Grant Application, and today new information had been presented regarding the stormwater utility. Ms. Bailey reviewed the Quarterly Report with the Board, which included the following information:
Mission - Stormwater Section
Accomplishments During 4QFY95
Flood Determinations
FEMA Coordination
FEMA Floodplain Management workshop
LDR revisions
FEMA Remapping
Community Rating System
Community Rating System (CRS) recertification
Drainage Complaints/Retrofitting
Pine Harbor
City/County Coordination
City/County kickoff meeting
Projects/Basin Studies
Study of the Hicks Ditch Watershed
Aerial Topographic Mapping
Dora Basin Stormwater Master Plan
S.R. 19 drainage study
Hydro-Cartridge
Other
Lake Enhancement (LCWA)
Short Term Goals - 1QFY96
Stormwater Maintenance
FEMA Remapping
Community Awareness
Community Rating System
City/County CRS workshop
Hicks Ditch Study
S.R. 19 Study
Aerial Topographic Mapping
Dora Basin
Stormwater Utility
Long Term Goals
Basin Studies
Lake Development Regulations
Coordination with Lake County Cities
Community relations
CRS Rating
Basin capital improvements
Stormwater Section Costs
Discussion occurred regarding the stormwater utility issue, with Mr. Griffey informing the Board that a needs assessment had been prepared several years ago, which attempted to evaluate all of the County, and the drainage situations, and to identify the needs. He stated that he would provide the Board with a copy of the assessment. Mr. Griffey stated that, if the Board members had any contact or discussion with city officials, or communities, it should be impressed upon them that the applications needed to be back to staff by the middle of November.
Ms. Bailey reviewed the information she had presented to the Board regarding Stormwater Management, which included revenue calculations that included annual income comparisons at $2.00/month/unit and $3.00/month/unit, and cumulative comparisons at $2.00 and $3.00.
Mr. Stivender requested permission for staff to proceed with the stormwater management issue, and to come back to the Board next month.
Mr. Sandy Minkoff, County Attorney, addressed the issue of a Municipal Service Benefit Unit (MSBU) and stated that staff was exploring a MSBU that would not cover the entire County, but it might have 50 different communities in it for street lighting, or setting some street lighting criteria, so that the assessments would stay the same, and adding communities as they went in. It would be the same for stormwater, with the understanding that, inside a MSBU, the rates do not have to be the same, and it could allow for special assessments, which could be used inside developments for those development only.
It was noted that another workshop on Stormwater Utility was scheduled for November 21, 1995.
TIMES CERTAIN
WORKSHOP - SPECIAL MASTERS ORDINANCE
Mr. Sandy Minkoff, County Attorney, stated that he had provided the Board members with a copy of the Bert J. Harris, Jr. Private Property Rights Protection Act. He stated that Section 2 of the Act was entitled the Florida Land Use and Environmental Dispute Resolution Act and would have more of an impact on the County. Mr. Minkoff stated that he had provided the Board members with a copy of a model ordinance that came from the State Association, as well as the Marion County Ordinance, which was roughly based on the model ordinance. He stated that there was also a solicitation of letters of interest for special masters. He further stated that the Act had already gone into effect on October 1, 1995. Mr. Minkoff stated that he did not anticipate any applications for special masters for some time, because it would require that the administrative process be completed before anyone could ask for a special master, or a period of four months had occurred. He explained that the Act stated that, if the County had taken an enforcement action against somebody, or if the County had denied a permit, or put conditions on a permit and they believed that their property has been unfairly burdened, they could ask for a special masters. He stated that no staff fees could be charged, so there would be no application fee, and no staff time or effort could be recouped, and the County would be limited to collecting half of the cost for the special master and half of the cost of the notices. He stated that the definition of "special master" in the Act was written such that special masters would be attorney mediators. He further stated that he would like to modify the ordinance and include payment of the special master fees by the individual property owner, and to otherwise use the model ordinance, to be presented to the Board at an advertised hearing. Mr. Minkoff stated that he would like to get some direction from the Board as to how it would like to proceed in terms of special masters. Some of the cities had suggested joining with them and trying to get a group of special masters. Mr. Minkoff clarified that the County, and the property owner, had to agree on who the mediator, or special master was going to be. He stated that, if there was a fair representative list, there should not be a problem. Mr. Minkoff stated that the County was going to be required to notify everybody that came to a hearing and spoke and wished to be informed of future happenings on the case.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to authorize staff to prepare and advertise a Special Masters Ordinance.
REPORTS
Commissioner Hanson - District #4
Commr. Hanson informed the Board that Wednesday night at 7 p.m. there would be a dinner put on by the Business and Professional Women (BPW), which would honor the businesses in the County that have family friendly hiring practices.
Commr. Hanson extended her appreciation to Commr. Cadwell and Commr. Gerber, as well as staff, for attending the Town Hall Meeting in Mount Dora. She stated that the response and reception were very good.
Commissioner Cadwell - District #5
Commr. Cadwell reminded the Board that the Lake County Leadership Government Day would be Wednesday, November 8, 1995. He stated that Commr. Gerber, the County Attorney and the County Manager would be a part of the program.
Commissioner Gerber - Chairman and District #1
Commr. Gerber informed the Board that the Town Hall Meeting in Fruitland Park would be held November 8, 1995, at 7 p.m. She stated that the meeting would consist of the Mayor, the City Council, and as many Board members as possible.
Ms. Sue Whittle, County Manager, stated that the ad that had been placed in the newspaper for the Mount Dora meeting turned out to be a display ad. If the meetings were going to be conducted on a somewhat regular basis, she wanted the Board to know that it did not have money budgeted for this type of advertising. She suggested advertising a small notice and getting the press to notice such things in the community notes. She stated that a clerk was available at the last meeting, and she would be reviewing the the necessary requirments. Ms. Whittle stated that it would not be her intention to bring full staff to the meetings.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:40 p.m.
RHONDA H. GERBER, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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