A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 19, 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, January 19, 1999, 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool.  Others present were:  Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that the public hearing for the Sign Ordinance, under Tab 24 of the Agenda, would be postponed until a later date, due to the fact that the Planning and Zoning Commission did not act on it at their last meeting.

Commr. Cadwell stated that he would like to go ahead and set the dates for the public hearings for the Sign Ordinance and suggested that a workshop meeting be set, for the purpose of discussing the Billboard Ordinance, as well.

It was the consensus of the Board to set the workshop meeting for the Billboard Ordinance for February 9, 1999, at 9:00 a.m., and the public hearings for the Sign Ordinance for February 16, 1999, at 9:00 a.m., and February 23, 1999, at 5:05 p.m.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 24, 1998 (Regular Meeting), as presented, and the Minutes of December 15, 1998 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Bonds - Contractor

Request for approval of Contractor Bonds - New and Stipulation, as follows:

NEW

1610-99           Ronald Gunstead d/b/a Ron’s Aluminum

3076-99           Micajah P. Young, III d/b/a Prestige Electric Company

4519-99           Edward William Kern (Aluminum)

4817-99           Gary L. Hampton (Class C Residential)

5410-99           TLC Electric, Inc.

5668-99           Caribbean Electric, Inc.

5669-99           Bernd B. Schulze and Quinco Electrical, Inc.

 

STIPULATION

1567-99           Phillip W. Stanley d/b/a Stanley Electric Service

Bond No. is Amended to: 98-01-5763-4

 

Clerk/County Property

Request for approval of sale of 1954 Dodge Brush Truck, S/N No. 80257407, Property No. 10217.

Accounts Allowed

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Audits/Education

Request to acknowledge receipt of State of Florida Auditor General Report No. 13316R, Financial Statements of the District Board of Trustees, Lake Sumter Community College.

Municipalities/Ordinances

Request to acknowledge receipt of the following ordinances:

City of Fruitland Park Ordinance No. 98-005, providing for the annexation of property generally located at the intersection of U.S. Highway 441 and Picciola Cutoff, generally known as the Winn-Dixie property; providing for C-2 (General Commercial) zoning of the property; and providing for a Commercial Comprehensive Plan Land Use Designation for the property.  Passed and ordained by the City Commission of the City of Fruitland Park, Florida, on December 10, 1998.

City of Fruitland Park Ordinance No. 98-007, providing for the annexation of property generally located at the intersection of U.S. Highway 441 and Grizzard Street, generally known as the Lake County Service Corporation property; providing for C-2 (General Commercial) zoning of the property; and providing for a Commercial Comprehensive Plan Land Use designation for the property.  Passed and ordained by the City Commission of the City of Fruitland Park, Florida, on December 10, 1998.

Florida Public Service Commission/Communications

Request to acknowledge receipt of the following notices:

Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to BellSouth Telecommunications, Inc.; ACSI Local Switched Services, Inc., d/b/a E. Spire Communications, Inc.; American Communications Services of Jacksonville, Inc., d/b/a E. Spire Communications, Inc.; and All Other Interested Persons; Docket No. 981008-TP; In Re: Request for arbitration concerning complaint of American Communication Services of Jacksonville, Inc., d/b/a E. Spire Communications, Inc., and ACSI Local Switched Services, Inc., d/b/a E. Spire Communications, Inc., against BellSouth Telecommunications, Inc., regarding reciprocal compensation for traffic terminated to Internet service providers.  Notice is hereby given that the Florida Public Service Commission will hold a prehearing conference on January 6, 1999, at 1:30 a.m., Room 148, Betty Easley Conference Center; and a public hearing will be held on January 20, 1999, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.

Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to BellSouth Telecommunications, Inc.; Easy Cellular, Inc., d/b/a Telecom Plus, and All Other Interested Persons; Docket No. 980703-TP; in Re: Request for arbitration concerning complaint of Easy Cellular, Inc., d/b/a Telecom Plus, against BellSouth Telecommunications, Inc., for alleged violations of the Telecommunications Act of 1996 and Chapter 364 of the Florida Statutes.   Notice is hereby given that the Florida Public Service Commission will hold a prehearing conference on January 11, 1999, at 9:30 a.m., Room 148, Betty Easley Conference Center; and a public hearing will be held on January 31, 1999, at 9:30 a.m., Room 148, Betty Easley Conference Center, Tallahassee, Florida.

Florida Public Service Commission/Utilities

Request to acknowledge receipt of Notice of Hearing and Prehearing to Florida Power & Light, Florida Power Corporation, Gulf Power Company, Tampa Electric Company, and All Other Interested Persons; Re: Docket No. 980001-EI - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor Transmission Reconsideration.  Notice is hereby given that a prehearing conference will be held before Commissioner Susan F. Clark, as Prehearing Officer, on January 27, 1999, at 9:30 a.m., Room 148, Betty Easley Conference Center; and a public hearing will be held before the Florida Public Service Commission, regarding Florida Power Corporation’s Motion for Reconsideration of Order No. PSC-98-0073-FOF-EI, on February 12, 1999, at 9:30 a.m., Betty Easley Conference Center, Tallahassee, Florida.

COUNTY MANAGER’S CONSENT AGENDA

Ms. Sue Whittle, County Manager, informed the Board that under Tab 10, Item B., it is noted that the request is to transfer funds from the General Fund, Non-Departmental, Contingency-Sheriff to Ad Valorem Taxes to Cities; however, it is not the Sheriff’s Contingency Fund, it is the Board’s Contingency Fund.  The word “Sheriff” should be deleted from the request.

Commr. Cadwell stated that he noticed, under Tab 5, some funds were being returned to the Jobs Growth Investment Trust Fund and that he appreciated the fact that staff is monitoring that fund and making sure that, if companies are not utilizing those funds, the County is getting them back.

Commr. Gerber requested that Tab 15 be pulled and discussed separately.

Commr. Hanson noted a concern she had, with regard to Tab 12, about the enforcement of speed limits on roads in the County, once the speed limits have been lowered.

It was noted that said issue would be discussed under Commissioners Business, later in the meeting.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Accounts Allowed/Community Services/Contracts, Leases and Agreements

Request from Community Services for approval and signature on the Agreement between LifeStream Behavioral Center and the Lake County Board of County Commissioners, for an annual funding contribution, in the amount of $154,649.00.

Community Services/Subdivisions

Request from Community Services for approval and execution of a Joinder and Consent to Dedication for Mascotte Hills Subdivision.

Accounts Allowed/Economic Development

Request from Economic Development for approval to return Jobs Growth Incentive Award monies to the Jobs Growth Investment Trust Fund account, in the amount of $20,150.00, which was not used by Exceletech, Inc.

Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements

Request from Facilities and Capital Improvements for approval to execute a change order to Vanasse Hangen Brustlin, Inc.’s contract for the Lake County Government Complex Parking Study, in the amount of $2,993.00.

Accounts Allowed/Committees/Facilities and Capital Improvements/Municipalities

Request from Facilities and Capital Improvements for approval of the Boating Improvement Projects, recommended by the Parks and Recreation Advisory Board, for funding, in FY 1998/99, to the City of Tavares, in the amount of $41,172.00; the City of Eustis, in the amount of $8,828.00; and the Town of Howey-in-the-Hills, in the amount of $25,000.00.

Accounts Allowed/County Property/Facilities and Capital Improvements

Request from Facilities and Capital Improvements for approval of change orders to Miller McCoy Einhouse & Associates, for an increase in the scope of services for the Christopher C. Ford Central Park, totaling $27,140.00.

Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements

Request from Facilities and Capital Improvements for approval to award Strollo Architects, Inc., for architectural services for the Prelude Pod Modification, in the amount of $19,681.58, which is the amount remaining from the contract with the previous architectural firm.

Accounts Allowed/Budgets/Fiscal and Administrative Services/Funds/Resolutions

Request from Fiscal and Administrative Services for approval of the following:

Transfer of funds, in the amount of $10,000.00, from the General Fund, Constitutional Offices, Contingency - Sheriff to Transfers/Law Enforcement - Investigations, pursuant to F.S. 30.49.

Transfer of funds, in the amount of $10,214.00, from the General Fund, Non-Departmental, Contingency to Ad Valorem Taxes to Cities.  A transfer from General Fund Contingency is needed to fund payments of ad valorem taxes to the cities.  Distributions were higher than originally anticipated, as a result of the City of Mt. Dora annexing property along Hwy. 441 into their Redevelopment District and the general appreciation of property in the various other cities’ districts.

Resolution No. 1999-7, to receive unanticipated revenue, in the amount of $5,000.00, from the sale of advertising space in the Lake County Vacation Guide to the Orlando Regional Healthcare System.

Resolution No. 1999-8, to receive unanticipated revenue, in the amount of $140,500.00, from the Department of Community Affairs, for the development of a Local Mitigation Strategy (LMS).

Accounts Allowed/Landfills/Purchasing

Request from Purchasing for approval for the Purchasing Division to advertise a Request for Proposal (RFP) for hydrogeological services, for a limited contamination assessment and remediation (LCAR), including a remedial action plan, and proposed total costs to achieve remediation for hydrocarbon contamination at the Astatula Landfill.  Florida Statute 287.055 “Consultants’ Competitive Negotiation Act” will be followed, to secure the required consulting firm(s).  Funding will be from the County Transportation Trust Fund, Special Services, Contractual Services, in the amount of $30,000.00.

Public Works/Resolutions/Roads-County and State/Subdivisions

Request from Public Works for approval of Resolution No. 1999-9, lowering the speed limit on East Deer Road (4-9080) from 30 mph to 25 mph, in the Shockley Hills Subdivision, in North Lake County.

Public Works/Resolutions/Roads-County and State

Request from Public Works for approval of Resolution No. 1999-10, lowering the speed limit on Griffin View Drive (5-7212) from 45 mph to 35 mph, for the first 3,700 feet (.7 mile) eastward from US 27/441 to a point just outside the Lady Lake city limits.

Deeds/Public Works/Rights-of-Way, Roads and Easements

Request from Public Works for acceptance of the following:

Drainage Easement

Manenty, Bess and Bounanni, Diane P.

Pennsylvania Street (4-8991)

 

Non-Exclusive Easement Deed

Didion and Sons Foundry Company

Lakeshore Drive (3-3128)

 

Statutory Warranty Deeds

Griffis, Robert T. and Sheila K.

3rd Avenue (2-2257)

 

Waltz, Raymond E. and Julia P.

Lake Griffin Road (5-7611)

 

McGhie, Scott M. and Nora Lynn

Marion County Road (5-8010)

 

Harbor Hills Development

Marion County Road (5-8010)

 

Creech, Mark G. and Deborah I.

Marion County Road (5-8010)

 

Lyons, Dennis M. and Deborah J.

S. Dewey Robbins Road (2/3-2625)

 

Express Shop II, Inc.

SR 50

 

Hill, Eugene G. and Kay

Wolfbranch Road (4-4583)

 

Temporary Non-Exclusive Easement Deeds

Creech, Mark G. and Deborah I.

Marion County Road (5-8010)

 

Franks Farms

Ranch Road (3-2854)

 

Accounts Allowed/Public Works/Subdivisions

Request from Public Works for authorization to release a letter of credit, for performance, in the amount of $2,830,392.20, which was posted for the Magnolia Pointe Subdivision - Commissioner District 2.

Accounts Allowed/Public Works/Subdivisions

Request from Public Works for authorization to accept the final plat for Sunburst Estates Phase 1 Subdivision; execute a Developer’s Agreement between Lake County and McDermott/Ladd Land Trust, for construction of improvements; and to accept a cashier’s check, in the amount of $1,100.00 - subdivision consists of 36 lots - Commissioner District 2.

Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects

Request from Public Works for authorization to advertise for bids for North Hancock Road (2-1354) Extension Construction Project No. 12-99, at an estimated cost of $2,500,000.00, from the Road Impact Fee Fund - Benefit District 5 - Commissioner District 2.

Contracts, Leases and Agreements/Public Works

Request from Public Works for authorization to execute the Fifth Amendment to the Agreement between Lake County and Dyer, Riddle, Mills & Precourt, Inc., for consultant services, for the SR 19 Stormwater Management Feasibility Study, Project No. 12-95, RPS-2-5-09.

Accounts Allowed/Grants/Municipalities/Public Works/State Agencies

Request from Public Works for approval and signature by the Chairman, as the responsible government official, on DEP Contract No. SP492, between the State of Florida, Department of Environmental Protection, and the Lake County Board of County Commissioners, to use grant funding up to $1,000,000.00 toward wastewater management system improvements for Astor.

Public Works/Resolutions/Road Vacations - Approval to Advertise

Request from Public Works for approval of Resolution No. 1999-11, advertising Vacation Petition No. 882, by Cathy Collins Warren, to vacate rights-of-way, Dream Lake Poultry Ranches, Section 5, Township 18S, Range 26E, Umatilla area - Commissioner District 5.

Public Works/Resolutions/Road Vacations - Approval to Advertise

Request from Public Works for approval of Resolution No. 1999-12, advertising Vacation Petition No. 888, by Rachel L. Buckner, to vacate utility easements, Cypress Haven, Section 2, Township 19S, Range 25E, Leesburg area - Commissioner District 5.

Public Works/Resolutions/Road Vacations - Approval to Advertise

Request from Public Works for approval of Resolution No. 1999-13, advertising Vacation Petition No. 889, by Wayne P. Reece, J. Fennimore Cooper, Jr., and Coopree, Inc., to vacate right-of-way, Section 18, Township 21S, Range 24E, Tuscanoogo area - Commissioner District 2.  Their representative is Leslie Campione.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

FUNDS/MUNICIPALITIES/PUBLIC WORKS/ROADS-COUNTY AND STATE

Commr. Gerber brought up for discussion the fact that some Board members are concerned about the paving of rural roads and have indicated that the gas tax is going to be held hostage, until all the Board members agree that they are going to pave rural roads.  She stated that she feels, if the County is paying gas tax dollars for this type of project, which she noted everybody seems to agree is a good expenditure of gas tax dollars, then she feels that the gas tax needs to pass, regardless of whether rural roads are paved or not.  She stated that she feels it is unfair to hold the gas tax hostage under those conditions.

Commr. Hanson stated that she does not feel it is holding the gas tax hostage.  She stated that she has been working with Mr. Jim Stivender, Senior Director, Public Works, regarding the matter and he has come up with a proposal that is very workable and does not involve paving, necessarily, but bringing the roads up to the County’s maintenance standards.  She stated that she did not see it as holding the Board hostage, but a matter of doing what needs to be done, for the citizens of Lake County.  She stated that the Board needs to develop a plan that will address the needs of the people in the rural parts of the County.

Commr. Gerber stated that she would support it, as long as it can happen and not be an unfair situation for those people who have paid road assessments, with regard to the policy that the County already has in place.

Ms. Sue Whittle, County Manager, informed the Board that staff would be bringing forward some possible changes to the County’s Road Policy.  She stated that it is up to the Board to decide policy changes.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously,  by a 5-0 vote, the Board approved a request from Public Works for approval of an Interlocal Agreement between Lake County and the City of Leesburg, relating to funding improvements at the Leesburg Regional Airport, from the County Transportation Trust Fund, for FY 1998/99, in the amount of $160,000.00.

AMBULANCES-HOSPITALS/COMMUNITY SERVICES/MEDICAL EXAMINER

CONTRACTS, LEASES AND AGREEMENTS

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that it was a request for approval and execution of an agreement between Lake County and the Leesburg Regional Medical Center, regarding the planning, design, construction, and equipping of the new Medical Examiner’s facility.

Mr. Sandy Minkoff, County Attorney, informed the Board that the County has not received a signed agreement from the hospital, to date, however, noted that their attorneys have informed staff that they feel it will meet their Board’s approval.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval and execution of an agreement between the Lake County Board of County Commissioners and Leesburg Regional Medical Center, regarding the planning, design, construction, and equipping of the new Medical Examiners facility.

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT MUNICIPALITIES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it is one of many interlocal agreements that staff needs to review.  She stated that it is a service that the County is providing for the cities.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to establish an Interlocal Agreement between Lake County and the City of Mascotte, for Petroleum Storage Tank Plan Review Services.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

PUBLIC WORKS/ROADS-COUNTY AND STATE/STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that turn lanes and a sidewalk will be constructed in the Pine Lakes area.  He stated that FDOT’s share of the costs will be $4 million, which involves the resurfacing of SR 44, from CR 44B to the St. Johns River Bridge.  He noted that the County’s share of the funding ($150,000.00) will come from impact fees.

A motion was made by Commr. Hanson and seconded by Commr. Pool to approve a request from Public Works for approval and execution of a Joint Participation Agreement (JPA), between the Florida Department of Transportation (FDOT), District 5, and the Lake County Board of County Commissioners, for the construction of a westbound left turn lane on SR 44, at Lakeview Drive, and a sidewalk, to be constructed along SR 44, between Lake Drive and Oak Avenue.  The estimated cost for FDOT is $4,000,000.00 and the County’s cost is $150,000.00.

Under discussion, Commr. Swartz questioned whether the County was ensuring that, when a section of road is resurfaced, or turn lanes are put in, the County is adding paved shoulders.

Mr. Stivender stated that that was the County’s intention.

Commr. Swartz stated that he was not sure that was occurring.  He requested staff to check on Hwy. 44B, where there have been some sections paved, particularly where one turns left off of Hwy. 441 onto Hwy. 44B, to find out whether or not the resurfacing is smooth, noting that he has received some complaints that there are some rough areas in the road.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/RESOLUTIONS/TOURIST DEVELOPMENT

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved a request from Tourist Development for approval and execution of Resolution No. 1999-14, appointing members to the Tourist Development Council, in the category of Group 1, Elected Representative of Governmental Units.  The following individuals were appointed:

Mr. Chet Blackmon - City of Leesburg Representative

Mr. Hugh Gibson, III - Town of Lady Lake Representative

ADDENDUM NO. 1

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board and explained this request, stating that it is a request for approval of a 90 day Option to Purchase Real Estate Agreement between Lake County and Goodyear Tire and Rubber Company.  He stated that Goodyear Tire and Rubber Company has another site in Orange County that they are considering, thus the reason for the 90 day time frame.

A motion was made by Commr. Pool and seconded by Commr. Hanson to approve a request from Economic Development for approval of an Option to Purchase Real Estate Agreement between Lake County and Goodyear Tire and Rubber Company, in the amount of $30,000.00 per acre, for an approximate 18.5 acre parcel, which was approved by the Industrial Development Authority (IDA) on January 14, 1999.

Under discussion, Commr. Hanson questioned whether Goodyear Tire and Rubber Company had given the County any up front money for said property.

Mr. Sandy Minkoff, County Attorney, stated that the County will receive a payment, in the amount of $1,000.00, from Goodyear Tire and Rubber Company, as up front money.

Commr. Cadwell stated that even though the per acre amount is a little less than what the County has received for acreage in the new section of the park, had he been able to attend the IDA meeting, he would have supported the request.  He noted that he was not able to attend the meeting, because he went on the tour of county property with the commissioners and senior staff the day of the meeting.

Mr. Duncan stated that there were several reasons for reducing the price of the acreage, one being that there is an approximate 65 foot slope, from right to left, over the 18.5 acres that will require a great deal of grading.  He stated that the proposed building will be approximately 294,000 sq. ft. in size and the company will generate approximately 40 jobs, with an average salary of $30,000.00.

The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

INFORMATIONAL

The following vested rights determination has been issued:

Vested Rights Determination Regarding Parcel 7 of Lot Approval (LA No. 91-126)

Lake County will not deny the owner(s) of parcel 7 of LA No. 91-126, acting in good faith, the right to develop the parcel as a residential lot, in accordance with the R-3 Zoning District.  For the purpose of this Vested Rights Determination, acting in good faith shall mean:

1.     This Vested Rights Determination is recorded in the Public Records of Lake County, Florida, within three (3) months from the date of this Vested Rights Determination.

2.     A building permit for a primary structure (single family residence) is issued, in association with Parcel 7 of LA No. 91-126, within three years from the date of this Vested Rights Determination, and said building permit does not expire before a Certificate of Occupancy can be issued.

 

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it was an agreement to retain Mr. Scott A. Gerken as Special Master in Case No. SM-5-98.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of a Special Master Agreement between Lake County; Woodland Heritage, Inc., Owner; and Scott A. Gerken, Special Master, to retain Scott Gerken as Special Master in Case No. SM-5-98.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

STATE AGENCIES/WATER AUTHORITY

Mr. Sandy Minkoff, County Attorney, explained this request, stating that a mediation was held, in December of 1998, regarding a litigation case involving Lake Lowery, at which time an agreement was reached by all participants involved.  He stated that it was the same agreement that staff previously presented to the Board, with a few changes, being (1) that the St. Johns River Water Management District, Polk County, Lake County, and the Lake County Water Authority agreed to immediately look at trying to remove blockages between Lake Lowery and Lake Louisa, which should be completed by March of this year.  He stated that there is an additional expenditure, probably $12,500.00 of County funds, which the agreement provides the County will extend, to be used to clear blockages in Polk County.  He stated that the County is further stating that it, or the Lake County Water Authority, will clear blockages within Lake County.  He stated that one other change that was made is that the structures in Lake Lowery can now only be operated when the lake is above 131 feet.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an Agreement between Lake County, Polk County, the St. Johns River Water Management District, the Southwest Florida Water Management District, the Lake County Water Authority, and several individuals, to provide a comprehensive surface water study of the Lake Lowery region, in an amount not to exceed $35,000.00, or 15% of the cost of the study, whichever is lower.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

REPORTS

COMMISSIONER GERBER - DISTRICT NO. 1

ASSESSMENTS/FIRE AND EMERGENCY SERVICES

Commr. Gerber brought up for discussion the issue of a waiver for low income families, with regard to the fire assessment, noting that it is a difficult issue for people who are renting a mobile home on a piece of property, due to the fact that, even though they might fit the criteria for low income, because they do not own the property, they cannot get the waiver.  She stated that it does not seem fair that those people are being assessed, yet cannot fit into the criteria for low income.

Commr. Hanson stated that she feels it should not make any difference whether they own the property or not, noting that, because it is an assessment, it goes beyond property ownership.

Commr. Cadwell requested the County Manager and the County Attorney to look into the matter, to see how it could be handled, without affecting the integrity of the assessment.

Mr. Sandy Minkoff, County Attorney, stated that the County would have to create a program that would provide a fund that, if people met the criteria, the County would reimburse them the fire fee.  He stated that the County cannot give it to the landlords, because it cannot be certain that the money will get to the tenants.  He stated that it would have to be some kind of a grant program where, if one met the income guidelines and could prove to the County that the assessment was charged to them, they would be reimbursed.  He stated that staff could look into the matter.

Commr. Swartz stated that, if it is the Board’s intent to look at the issue, they need to look at how it might impact others who could be in the same position.  He stated that he was not sure that ownership of a mobile home, on a rented lot, was more material than somebody who cannot even afford a mobile home and is in some type of rental unit and the fire tax is being passed through to them, as well.  He stated that he was not sure that one was more equal than the other, therefore, feels the Board needs to look at that, if they are going to consider the matter.

REPORTS

COMMISSIONER HANSON - DISTRICT NO. 4

PUBLIC WORKS/ROADS-COUNTY AND STATE/SUBDIVISIONS

Commr. Hanson brought up for discussion the issue of speed limits being lowered on roads within the County, noting that she is concerned about the fact that speed limits are being lowered; however, the County does not have the enforcement that it needs regarding same.  She stated that Collier County has put together a program that addresses the matter and she is trying to obtain information regarding same, for the Board’s perusal.  She stated that, apparently, certain individuals are given authority by the Sheriff’s Department to use a radar detector and report their findings to the Sheriff’s Department.

Mr. Jim Stivender, Jr., Senior Director, Public Works, informed the Board that his staff corresponds with the Sheriff’s Office, in writing, concerning every speed limit change the County has and every complaint the County receives, with regard to speeders.

REPORTS

COMMISSIONER HANSON - DISTRICT NO. 4

ROADS-COUNTY AND STATE

Commr. Hanson informed the Board that, with regard to the gas tax, she never intended to hold the Board hostage; all she wanted to do was get their attention.

REPORTS

COMMISSIONER SWARTZ - DISTRICT NO. 3

PUBLIC WORKS/ROADS-COUNTY AND STATE

Commr. Swartz informed the Board that, with regard to speed limits on rural roads, a citizen called the County wanting to get a speed limit sign placed on a clay or dirt road and, apparently, there was some confusion regarding the matter.  He stated that he understands the County will post advisory speed signs on those types of roads.

Mr. Jim Stivender, Jr., Senior Director, Public Works, stated that the idea of said signs is to warn people that conditions of the roads change and underneath said warning an advisory speed is posted, which is usually 25 to 35 mph.

Commr. Swartz suggested that a memorandum be sent to staff, advising them what the County’s policy is regarding same, so that there will not be any confusion regarding the matter in the future.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5

COMMISSIONERS/COUNTY PROPERTY

Commr. Cadwell thanked staff for putting together the tour of various county property sites that the Board members and senior staff went on Thursday, January 14, 1999, noting that he felt it went well.

RECESS AND REASSEMBLY

At 9:40 a.m., the Chairman announced that the Board would recess until 11:00 a.m., for a public hearing in which they would go into a closed session.

PUBLIC HEARING

CLOSED SESSION

COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

At this time, the Chairman announced that the Board would go into a Closed Session,  in which the County Attorney, the County Manager, and the Board would discuss pending litigation, with regard to lawsuits affecting the County.

RECESS AND REASSEMBLY

At 11:35 a.m., the Chairman reconvened the meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.

 

 

_________________________________

WELTON G.  CADWELL, CHAIRMAN

 

 

ATTEST:

 

 

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JAMES C. WATKINS, CLERK