The Lake County Board of County Commissioners met in regular session on Tuesday, April 20, 1993, 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: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Finance Director; and Toni M. Riggs, Deputy Clerk.
The invocation and pledge were presented by Rev. Robert M. Wooten, Minister for the Altoona United Methodist Church and Paisley United Methodist Church.
At 8:30 a.m., Chairman Richard Swartz welcomed the following students to the Third Annual Student Government Day, and informed each of who they would be shadowing for the day:
STUDENTS COUNTY REPRESENTATIVES
Herbert Ellis Judge Richard Boylston
Leesburg High School
Tim Cadwell Skipp Babb, Public Defender
Umatilla High School
Judy Lynn Craig Judge William Law
Groveland High School
Ryan E. Godwin Judge Jerry Lockett
Groveland High School
Kathleen Williams Judge Richard Singeltary
Eustis High School
Christopher Szunyog Jeffrey W. Wiggs, Assistant
Eustis High School State Attorney
Nichole Green James C. Watkins, Clerk of
Clermont High School Courts
Danielle Dennis George E. Knupp, Sheriff
Mount Dora High School
Nathan Dellinger Jim Stivender, Jr.
Vo-Tech Center Director of Public Services
Torynn Jones Craig E. Haun
Lee Education Center Director of Fire & Emergency
Shain Smith Dave Warren
Lee Education Center Director of Tourism
Jessica Crews Kelly Soucy
Vo-Tech Center Purchasing Supervisor
Jessica Hummer Pete Wahl, County Manager
Tavares High School
Deanna Toothaker Rhonda H. Gerber
Commissioner - District #1
Andrew Watson Don Bailey
Commissioner - District #2
Adrian Bruns Richard Swartz
Commissioner - District #3
Holly Samocki Catherine Hanson
Commissioner - District #4
and Vice Chairman
Camilla Ragin Welton G. Cadwell
Commissioner - District #5
Commr. Swartz informed the students of the schedule that had been prepared for them today, and stated that, at 1:30 p.m., they will be participating in a "Mock" Board Meeting. He stated that their day will end with a tour of the Courthouse Complex and Jail.
Ms. Annette Star Lustgarten, County Attorney, requested that the Board amend the Minutes of March 2, 1993, by inserting a section of verbatim comments, which she had requested of the Clerk's Office. She stated that the verbatim had been requested, because the Department of Community Affairs had requested a copy of the policy adopted by the Board of County Commissioners pertaining to the Comprehensive Plan. The comments to be inserted on Page 17 clarifies this issue.
At this time, Ms. Toni M. Riggs, Deputy Clerk, read for the record the section of transcript requested by the County Attorney. It was noted that the language, as stated, would be inserted into the original Minutes of March 2, 1993, beginning on Page 17, Line 18, for clarification purposes only.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to amend the Minutes of March 2, 1993, by inserting the verbatim, as read by the Deputy Clerk.
Discussion occurred regarding the Minutes of February 16, 1993, with the following corrections being made, and including corrections made to the spelling of proper names:
Page 16 - Clarification was made that Item #3, as indicated on Lines 4-6, was withdrawn by Mr. Carroll Fulmer. Therefore, this item was not included in the Board's motion.
Page 31 - Line 32: Delete "walling"
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of February 16, 1993, Regular Meeting, as corrected.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 2, 1993, Board Retreat, as presented.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
List of warrants paid prior to April 20, 1993 meeting, pursuant to Florida Statutes, Chapter 136, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Request to acknowledge receipt of the unclaimed excess proceeds due landowners on applications for tax deeds, in the amount of $1,400.48.
Request to acknowledge receipt of the City of Fruitland Park Ordinance #93-004 adopted by the City Commission on March 11, 1993, which provides for annexation of property located at 02313 U.S. Highway 441, Fruitland Park, Florida, generally known as the Myer Property.
Request to acknowledge receipt of the copy of the Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority's) Public Facilities Report.
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 1993, in the amount of $146,368.91. (Same period last year: $148,838.60)
Request to acknowledge receipt of the Florida Public Service Commission Order Establishing 1993 Price Index for Water and Wastewater Utilities and Closing Docket.
Request to acknowledge receipt of the Southwest Florida Water Management District Comprehensive Annual Financial Report for the Year Ended September 30, 1992.
Ms. Barbara Lehman, Finance Director, introduced Mr. John Vodenicker, Ms. Carrie Hall, and Mr. Dan Houser, of Ernst & Young. At this time, Mr. Vodenicker made a presentation of the 1992 Comprehensive Annual Financial Report for Lake County, Florida.
Mr. Vodenicker appeared before the Board and stated that the Financial Report receives a GFOA Certificate of Achievement Award on an annual basis. At this time, he explained the contents of the Financial Report.
Mr. Vodenicker directed the Board's attention to Page 25 of the Financial Report. He then read the following paragraph, as issued by Ernst & Young, for the record:
"In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Lake County, Florida, at September 30, 1992, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles."
Mr. Vodenicker discussed the Financial Section of the Comprehensive Annual Financial Report and presented an explanation of the figures in the Combined Statement of Revenues, Expenditures and Changes in the Fund Balance. He then referred to the section regarding the Landfill Fund and reviewed the figures in the Comparative Statement of Revenues, Expenses and Changes in Retained Earnings Enterprise Fund - Landfill Funds, for 1991 and 1992. The following statement was reported on Page 71 of the Financial Report and pertains to the Landfill Operations:
"The County's Enterprise Fund - Landfill Operations - reported a retained earnings deficit of ($2,465,312) at September 30, 1992. During the last quarter of Fiscal Year 1992, the County increased tipping fees and in October, 1992, began collecting a non-ad valorem assessment from residents in the unincorporated areas of the County. The County anticipates these measures will liquidate the deficit."
Mr. Vodenicker presented the Board with a Financial Overview for Lake County, September 30, 1992, which included increase and decrease of figures over the past year. The Overview included a financial analysis of Balance Sheets, Revenues (All Governmental Fund Types and Expendable Trust Funds), Taxes, Expenditures - All Governmental Fund Types, and of the Landfill Enterprise Fund.
No action was needed by the Board on this issue.
PUBLIC HEARINGS/TIME CERTAIN
The Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance establishing the Lake County Housing Assistance Program.
Ms. Andrea Birr, President of Health Care Research and Resources, appeared before the Board to address the issue of affordable congregate housing for those who are 75 years old and over, and to state her concerns on this issue. She questioned whether the Housing Task Force would be addressing this issue.
Commr. Swartz stated that the money that has primarily been allocated to this program is coming through the "Sadowski Act" fund, and the ordinance states how those monies can be spent.
Commr. Hanson stated that the Task Force will be considering other programs of this type in the future.
The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.
Ms. Lustgarten informed the Board of the following minor corrections that will require an amendment to the ordinance:
Page 9 - Line 30, and Page 14 - Line 30: The resolution number will be assigned and inserted, once the resolution is passed by the Board.
Page 15 - Line 11, and Page 16 - Line 14: The definition of discrimination. Delete: the wording "sexual preference", which has also been deleted from the Housing Assistance Plan.
Commr. Hanson made a motion, which was seconded by Commr. Bailey, to approve the amendment, (striking the wording "sexual preference"), to the ordinance establishing the Lake County Housing Assistance Program.
Under discussion, Commr. Hanson informed the Board that the wording "sexual preference" was deleted, because it is not required in the discrimination language. It was noted that it is not a part of the statutory definition, and with the deletion of the wording, the ordinance tracks the "Sadowski Act" language.
The Chairman called for a vote on the motion, with the motion being carried unanimously, to approve the amendment to the ordinance, as stated above.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Ordinance 1993-7, as amended, and as follows by title only:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ESTABLISHING THE LAKE COUNTY HOUSING ASSISTANCE PROGRAM; PROVIDING FOR DEFINITIONS; PROVIDING FOR USES AND RESTRICTIONS UPON FUNDS FOR THE LAKE COUNTY HOUSING ASSISTANCE PROGRAM; PROVIDING FOR DESIGNATION OF RESPONSIBILITIES FOR ADMINISTRATION AND IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF A SCHEDULE FOR ADOPTION OF THE LAKE COUNTY AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The public hearing continued with the proposed resolution being presented for the adoption of the Lake County Housing Assistance Plan to implement the Lake County Affordable Housing Assistance Program.
Ms. Lustgarten presented the following corrections to be made to the resolution:
Page 2 - Lines 23, 25 & 28 - Strike: references made to the page numbers.
Page 2 - Line 24 - Strike: Homeownership Assistance Add: Finance Construction Assistance
Ms. Lustgarten stated that the Board needed to address the Housing Assistance Plan, because of the amendments.
Mr. Mark Knight, Principal Planner, informed the Board that the State Legislation has recently passed a bill that changes the Florida Statute, Chapter 420, which pertains to the Housing Assistance Program, and staff will be coming back with amendments to be made to the Plan, after the Plan is submitted, because of the time frame involved with filing the Plan with the Department of Community Affairs.
Mr. Knight discussed the handout of revisions, which were suggested by the Housing Finance Agency, the County Attorney's Office, the Affordable Housing Advisory Committee, the Partnership, and Staff, and which were inserted into the Assistance Housing Plan before the Board today.
Ms. Susan Deines, Planner II, appeared before the Board and clarified that, on Pages 12-13, the language pertaining to Net Family Assets is the criteria used by the Farmers Home Administration. Commr. Hanson informed the Board that, if there is a problem in the future with this criteria, the Plan can be amended.
Commr. Swartz opened the meeting for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Housing Assistance Plan, April, 1993, as presented with all revisions being incorporated.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution 1993-60, with the corrections made to Page 2, as presented above by the County Attorney.
Mr. Pete Wahl, County Manager, discussed the Mid-Year Budget Amendment for the Fiscal Year 1992-93. He stated that there are significant problems in revenue, in terms of Corrections, Planning and Development and Solid Waste Management. Mr. Wahl stated that the Board needed to consider the adoption of the Midyear Budget Amendment, and to address all of the changes in personnel issues to this date.
Ms. Eleanor Anderson, Director, Office of Budget, appeared before the Board to explain the yearly process used to produce the Midyear Budget Amendment.
Commr. Swartz opened the meeting to public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Swartz questioned the overtime problem in the Correctional Facility, and Mr. Wahl explained that, by approving the 18 auxiliary Corrections Officer positions, with some minor changes in the staffing patterns at the existing facility, the issue of overtime will be addressed, with the exception of overtime when absolutely necessary.
Ms. Anderson presented the Board with a handout (Memorandum dated April 20, 1993) containing corrected pages to the Midyear Budget Amendment. Funds with line-item changes are the General fund (001), Emergency 911 (124), and the Self-Insurance Comprehensive Fund (520). It was noted that the changes did not affect the bottom line total of the amended budgets. An exhibit will be attached to the Resolution indicating the changes.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to adjust the Midyear Budget Amendment Resolution to reflect the changes in the Memorandum dated April 20, 1993, as submitted by Ms. Eleanor Anderson, Director, Office of Budget.
Commr. Swartz suggested that the Board meet in a workshop to address the issues contained within the Midyear Budget Amendment, in order to consider action to be taken for the balance of the year. He further suggested that this be done with the Personnel issues, with the exception of the Corrections Officers.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Midyear Budget Amendment Resolution, as amended.
Mr. Wahl discussed the Personnel Summary, which contains all action that has taken place regarding personnel from October 1, 1992, up until today, and stated that all positions, including the new ones being recommended for approval, are included in the Summary and the Budget Amendment.
Commr. Swartz recommended to the Board that the additional 18 Corrections Officers be approved and authorized, and suggested that the other proposed changes be considered in a workshop session. It was noted that the fiscal impact for the positions being recommended by the County Manager would be in the amount of $60,932.00, which would be the balance for this year.
Ms. Lois Martin, Director of Personnel, was present to answer questions of the Board.
Commr. Hanson stressed that the Board still needed to produce a program prioritization, as discussed in the past, and to establish simplified regulations to be administered and regulated by staff. She stated that she would not be willing to increase staff to accomplish this type of coordination.
Commr. Swartz suggested approving the request for the 18 Corrections Officers, and scheduling the balance of the Personnel changes for a workshop.
After discussion between the Board and staff, it was determined that a scheduled time for the workshop would be established at a later date.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for the 18 auxiliary Corrections Officer positions.
It was noted that a workshop for the balance of the Personnel changes would be scheduled as soon as possible.
REPORTS - COUNTY ATTORNEY
Ms. Annette Star Lustgarten, County Attorney, presented the request for approval of the proposed settlement in a personal injury lawsuit, Case No. 91-293, Loeding vs. Scott and Lake County, as a result of an accident at the intersection of CR 5-9097 and CR 42 in Paisley.
Commr. Swartz called for public comment on this issue. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the settlement of Case No. 91-293, Loeding vs. Scott and Lake County, in the amount of $15,000.00.
COUNTY MANAGER'S CONSENT AGENDA
Discussion occurred regarding the County Manager's Consent Agenda, with Commr. Bailey requesting that Tab 14 be pulled, in order that he may declare a Conflict of Interest.
Mr. Pete Wahl, County Manager, stated that, under Tab 1, the budget transfer request, in the amount of $65,000.00, or less, should be modified in such a manner, so that the money will be transferred subject to the tasks, that are required to be performed, being finalized.
Commr. Hanson stated that, in reference to Tab 7 regarding the request for approval to prepare a design/build criteria package, and to solicit bids for a new animal control shelter, it should be built in the most labor efficient manner as possible.
Commr. Swartz clarified that the request under Tab 10 will be subject to final review by the County Attorney. He then requested that Tabs 14, 21 and 22 be pulled for further discussion.
No one present wished to speak on any request being made under the County Manager's Consent Agenda.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Tabs 1-22, with the exclusion of Tabs 14, 21, and 22, with Tab 10 being subject to final review by the County Attorney, and including the comments made on Tab 7:
Accounts Allowed/Budget Transfers/Sheriff's Department
a. Budget Transfers
Fund: Landfill Enterprise
Department: Department of Public Services
Division: Solid Waste Management
From: Operating Expenses $43,000
Special Reserve $22,000
To: Operating Expenses $65,000
Transfer #: 93-0135
b. Request from the Sheriff for an amount of $17,007.97
for payment of purchases of equipment, other current
charges, and operating supplies. These funds have been
expended in accordance with the provisions of Florida
Statutes, Section 932.704.
Accounts Allowed/County Employees/Private Industry Council
Request to approve to hire three (3) temporary full-time Training Specialist II; one (1) Training Specialist I; and a temporary upgrade of an existing Training Specialist I to a Training Specialist II; in the amount of $26,516.00, salary and fringe benefits from JTPA Grant funds.
Request for retroactive approval of the Emergency Disaster Food Program which was signed by Chairman during emergency.
Appointments-Resignations/Planning & Development
Request to correct the term of Mr. James Mayfield, Planning and Zoning Commission, District 5, from four (4) years to two (2) years.
Request for approval and signature on the 1993/94 Wagner Peyser Proposal to operate the Offender Job Placement Program in the Lake County Department of Corrections.
Accounts Allowed/Facilities & Capital Improvements
Request for approval to proceed with the interior renovation of the Old Post Office, encumber and expend funds for an estimated cost of $25,000.00.
Accounts Allowed/Bids/Animal Control
Request for approval to prepare a design/build package and solicit bids for a new Animal Control shelter for an estimated cost of $300,000.00, and to build it in the most labor efficient manner as possible.
Contracts, Leases & Agreements/Fire & Emergency Services
Request for approval and signature on Agreement between Lake County and the Lake Correctional Institution, Florida Department of Corrections, providing for the use of inmate labor in public works at no cost to the County.
Request for approval of Resolution for the imposition of a local option fee for provision of "9-1-1" service and equipment for the period of October 1, 1993, through September 30, 1994; providing for a request to United Telephone of Florida, Inc., to collect the local option fee; providing for indemnification of United Telephone of Florida, Inc.; providing for a certified copy; providing for severability; and providing for an effective date.
Request for approval of final plat of Park Place on Lake Joanna, First Addition (53 lots); and accept Irrevocable Letter of Credit for performance of improvements in the amount of $250,846.75, in Commissioner District 4.
Accounts Allowed/State Agencies/Public Services
Request for approval and signature on quarterly invoice to receive reimbursement funds, in the amount of $1,068.88, from the Florida Department of Environmental Regulation for expenditures relating to waste tire and waste debris sites around Lake County.
Accounts Allowed/Bids/Public Services/Landfills
Request for approval to advertise and accept bids for Excavation of Phase II B Cell, Lake County Solid Waste Management Facility, and to encumber and expend funds in the amount of $300,000.00.
Accounts Allowed/State Agencies/Grants/Public Services
Request for approval and signature on quarterly invoice to receive reimbursement funds in the amount of $7,071.48 from the Department of Environmental Regulation Recycling and Education Grant relating to County recycling program.
Signs/Resolutions/Roads-County & State
Request to approve posting of the following signs:
Posting of speed limit signs in the Sunnyside Area - South of Leesburg.
Posting of reduced speed limit of 30 m.p.h., north and southbound for 2,000 ft., on Radio Road (1/3-5433) from U.S. 441.
Accounts Allowed/Road Projects
Request to award Project #8-93, C-48 widening and resurfacing lump sum construction to Trac Roadbuilders, Inc., and to encumber and expend funds in the amount of $467,563.93, CTT Fund, Commissioner District 3.
Accounts Allowed/Road Projects
Request to award Project #6-93, C-445/C-445A intersection improvements and C-439 "Part" to Trac Roadbuilders, Inc., and to encumber and expend funds in the amount of $194,960.00, Impact Fee Benefit District 1, Commissioner District 4.
Accounts Allowed/Road Projects
Request to award Project #7-93, Old 441 Bridge Repair lump sum construction to Trac Roadbuilders, Inc., and to encumber and expend funds in the amount of $44,875.00, CTT Fund, Commissioner District 4.
Accounts Allowed/Bonds/Roads-County & State
Request for approval to release a check in the amount of $800.00 held in escrow account, in lieu of a Maintenance Bond on
#4-4365 Peggy Avenue, to Robert Atchinson, Inc.
Road Closings - Permission to Advertise
Request to advertise Road Vacation Petition No. 715 by Don Monn, REP: Bonnie Roof, to vacate easement, Sec. 26, Twp. 18, Rge. 27, Eustis Area, Commissioner District 4.
DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried, the Board approved the request to accept the following Statutory Warranty Deeds:
Road Right of Way
Donald B. Bailey and Mary Ann Bailey
Redwing Road #2-1124
Minor Lot Split
Annie P. McKinley
Carter Jones Rd. #2-1309
Mabel Ruth Manuel
Lake Ella Rd. #1/5-6604
Bay Street Baptist Church, Inc.
Sugarsand Rd. #5-6545
Bay Street Baptist Church, Inc.
C-44 Frontage Rd.
The motion was carried by a 4-0 vote, with Commr. Bailey declaring a conflict of interest and abstaining from the discussion and vote, due to the request made above in the names of Donald B. Bailey and Mary Ann Bailey.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Ron Roche, Director of the Solid Waste Management Division, was present to answer questions of the Board.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Fourth Amendment to the Agreement between Lake County and Industrial Waste Service, Inc. relating to Collection and Marketing of Recyclable Materials, and to encumber and expend funds in the amount of $93,000.00, subject to final review by the County Attorney.
Commr. Swartz questioned the construction contract for the solid waste building, under Tab 22, and stated that he had a concern with another request before the Board today for consideration to be given to a proposal for air sampling at the landfill site.
Mr. Pete Wahl, County Manager, stated that the air sampling will be done prior to the construction contract being executed, and this will not impact the time frame of the contract.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:
(D) Issue Purchase Order for Services or Commodities from Annual Bids, State Contract, G.S.A., Cooperative Bids or OEM Repairs.
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
1) Public Serv.
Universal Sign and Accessories\Issue Purchase Order for Misc. Sign Blanks. Lake Co. Annual Bid for Traffic Sign Materials, Bid #008-550-093. Original Bid Approved 11/3/92.
Mutual Wholesale\Authori- zation to extend the Bid for Meats and Related Products, Bid #019-387-093, for an additional six months and Issue Change Order to Purchase Order #1633 in the Amount of $90,000.00 for a Total Purchase Order Amount of $222,000.00. Original Bid Approved 9/15/92.
B & R Foods Inc.\Author- ization to extend the Bid for Staple Foods, Bid #020-387-093 for an additional six months and Issue Change Order to Purchase Order #1603 in the Amount of $78,000.00 for a Total Purchase Order Amount of $186,000.00. Original Bid Approved 9/15/92.
(F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
1) Facilities & Capital Imp. and Public Services
Construction Development & Design Company\Award RFP #92/93 001 and Issue a Contract for the Design Build of the Solid Waste Management Office. Five Proposals were received. Award is Recommended to the Overall Low and Number One Selected Vendor. Estimated Sav- ings Between Low and High Proposal is $50,000.00. It is Also Requested the Board Reject all Bids for Bid #039-155-093 for the Custom Modulars for the Solid Waste Management Office. An Analysis Comparing the Two Differ- ent Means of Office Space was Conducted and it Was Determined That it is More Cost Effective for the County to Construct a Permanent Structure Via the Design Build Proposal than a Modular Building Structure.
CITIZEN QUESTION AND COMMENT PERIOD
FIRE & EMERGENCY SERVICES/COUNTY POLICY
Commr. Swartz called for any public questions, comments and concerns from the citizens of Lake County.
Mr. Kenneth Roach appeared before the Board and presented a handout of material, which included petitions that were signed to abolish the Fire Protection Board, return control to the Volunteer Fire Stations, and urge judicial use of taxpayer's money at a local level.
Mr. Roach stated that he was before the Board to discuss the issue regarding volunteer firemen with beards. He stated that neither the Occupational Safety and Health Administration (OSHA), nor the National Fire Protection Association, have rules and regulations that prohibit a person with a beard from being a fireman. Mr. Roach discussed the use of air packs, and stated that these are not worn at all fires, but are worn one or two times out of 1,000 fires. He further stated that 60-80% of the fires in Lake County are wood, or grass, fires. Mr. Roach stated that this issue was discussed between Mr. Craig Haun, Senior Director of Fire and Emergency Services, and his brother, Mr. Amos Roach, on March 20, 1993, and sttaed that a number of volunteers have since resigned, as a result of this meeting. Mr. Roach stated that the County cannot afford not to have a volunteer fire department. He then requested that the Board consider the response times presented in his backup reports, and to give consideration to the issue being presented to the Board.
Commr. Swartz stated that the Board, in approximately October, 1991, approved standard operating procedures regarding paid personnel policies and volunteer personnel policies. The policy was developed over a year or more, and was given to the volunteer organization, and to the paid individuals, for consideration. After an extensive review process, the policy was presented to the Board for adoption. It had been brought to the attention of staff that some of the policies have not been enforced, and therefore, Chief Haun was obligated to enforce the adopted policies. Each Board member has had some contact with Chief Haun, the County Manager, the County Attorney, and the Personnel Administrator to review whether or not the County should have in place such a policy related to the County's liability that could come to any paid personnel, or volunteers. Unless there is a recommendation being made to the Board by administration, or the Fire Committee, to change the requirement, this policy remains in place. Commr. Swartz discussed the unfortunate situation that has occurred over the issue of beards, and stated that the County would be placing the volunteer and the County at risk, by not enforcing such a policy. He stated that the Board understands that the County relies on volunteers, and there is no way to fund this system short of volunteers. The Fire Chief and staff will be presenting a recommendation for modifying some of the fire stations and staffing, in order to provide better response times, with the volunteers and paid personnel that are available. Commr. Swartz stated that this policy has been reviewed by all authorities, and unless a recommendation comes forward stating that the County has some latitude in this issue, the policy will have to be enforced.
Commr. Hanson discussed the commitment made to the community by Mr. Amos Roach after the storm in March, 1993, and stated that she is very thankful to him, and that she hopes he can make a decision that will be helpful in working out the problems being presented today.
Commr. Bailey stated that he hopes that, through management, the Fire Chief and the volunteers, communication will be kept open, so that these types of issues will be discussed.
Commr. Cadwell stated that, for the money that the people pay in the rural areas of Lake County, he feels the level of service is adequate.
Commr. Gerber directed her comments to the liability of the County, and stressed that the Board has to act on behalf of all of the taxpayers, and it is in the best interest of the County to have such a policy.
Commr. Hanson stated that she personally checked with other volunteer fire programs around Lake County, and none of them allow beards.
Commr. Swartz stated that, if anyone wished to make further comments regarding the discussion today, they may send them in writing to the Board Office for review, but that the Board has no alternative to this issue at this time.
RECESS & REASSEMBLY
At 10:50 a.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY MANAGER'S CONSENT AGENDA - ADDENDUM NO. 1
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests on the County Manager's Consent Agenda, Addendum No. 1:
Request for approval and execution of a Resolution designating Chairman Richard Swartz as agent to execute Public Assistance Documents.
Request for approval and execution of the Second Quarter Reimbursement Request for the Waste Tire Grant.
Request for approval and execution of Certification of Acceptance of Florida Department of Transportation (FDOT) Highway Safety Subgrant Award.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Mr. Pete Wahl, County Manager, discussed the extension of the Letter of Credit supporting the incinerator revenue bonds. Mr. Wahl stated that the Board has received a letter from Mr. Rick Patterson, Managing Consultant, Public Financial Management, Inc. (PFM) discussing this issue. He stated that, under the Letter of Credit agreement with National Westminster Bank, the County has to take action prior to May 10, 1993, in order to address the covenant requirements. There is an opportunity for the Board, by designating a desire to extend the Letter of Credit for a two year period, to allow Lake County to benefit from interest rates. He then stated that there is some degree of a risk in terms of requirements to qualify for the extension. Mr. Wahl stated that, for the County's purposes, and based on PFM's recommendation, staff would recommend that the Board put National Westminster Bank on notice, by requesting a continuation of the Letter of Credit, for up to the two year period, under the existing terms and conditions, recognizing that the County may have to modify it later in the year.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board authorized staff, and in discussion with Ogden Martin, to pursue the extension of the Letter of Credit, as recommended by the County Manager.
ACCOUNTS ALLOWED/COURTHOUSE/FACILITIES & CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, presented the request for approval of the ATEC proposal for air sampling, at an estimated cost of $11,000.00, and to encumber and expend funds.
Mr. Mike Anderson, Senior Director of Facilities & Capital Improvements, addressed the Board and stated that the specific areas of testing would include the New Courthouse, the Old (Historic) Courthouse, the Administration Building, and the landfill site where the proposed solid waste office building will be constructed. He further stated that the site of the Drivers License Building will be used for a base line to compare the outdoor air.
Ms. Annette Star Lustgarten, County Attorney, clarified that the Board would be approving an amendment to the ATEC contract authorizing services.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the ATEC proposal for air sampling, at an estimated cost of $11,000.00, as stated above, and to encumber and expend funds.
Mr. Pete Wahl, County Manager, presented the request for approval of the Selection Committee Membership for engineering services for the Lady Lake Landfill Closure.
Commr. Swartz stated that the County will be proposing to negotiate the closure of Astatula I, and questioned why the County would not be using the same engineering firm, and amending the contract and negotiating a price. Mr. Wahl responded that, because this was not listed under the original Request for Proposal (RFP), the County would have to readvertise. He further stated that contracts have been amended for additional work at a given site, but this is a new site, a new location, and a new activity.
Mr. Jim Stivender, Director of Public Services, addressed the Board on this issue, and stated that staff's intention was to individualize each site and go through the RFP process, but that these could have been collectively put together.
Commr. Bailey stated that, in the past, the direction of the Board has been the direction that the staff is currently taking, to individualize each site.
Discussion occurred regarding the policy established by the Board, with Ms. Annette Star Lustgarten, County Attorney, explaining that this procedure brings more people into the negotiating process.
Commr. Swartz discussed the Consultant Competitive Negotiation Act (CCNA) and stated that he would like the County Attorney to review this procedure.
Ms. Lustgarten stated that the County could use the design build concept, and Mr. Wahl stated that, even under the design build scenario, there is a process of selection and ranking of qualifications, which is separated from the dollars, even though the two are tied together in the process.
Mr. Stivender stated that, due to the time frame involved with the Lady Lake Landfill, he would suggest that the Board proceed with the request as presented, and consideration be given to the design build concept in the future.
Commr. Cadwell suggested that the Board proceed with the request before the Board, since proposals have already been made, and to discuss changing the procedure at a later date.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve the Selection Committee Membership for engineering services for the Lady Lake Landfill Closure.
Under discussion, Commr. Swartz stated that he would like to continue to serve on solid waste items.
After further discussion, Mr. Stivender stated that consideration could be given to the design build concept for future projects.
Ms. Lustgarten stated that the advantage to the design build concept was getting the entire package (design and construction price) at the same time.
The Chairman called for a vote on the motion, with the motion being carried unanimously.
It was noted that the following would be serving on the Selection Committee: Commr. Swartz; Pete Wahl; Jim Stivender; Ron Roche; and James Barker, Jr., or designee.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/COMMITTEES
Mr. Pete Wahl, County Manager, presented the request for authorization to negotiate an agreement for engineering services for Astatula I Landfill Closure with the firms as ranked, and to approve the Negotiating Committee. Mr. Wahl stated that he would like to add Ms. Eleanor Anderson, Director, Office of Budget, to the Committee.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved authorization to negotiate an agreement for engineering services for Astatula I Landfill Closure with the firms as ranked, beginning with Post, Buckley, Schuh & Jernigan, Inc.; and approved the recommendation for the following persons to be members of the Negotiating Committee: Pete Wahl, Jim Stivender, Ron Roche, James Barker, Jr., and Eleanor Anderson.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a Proclamation designating April 18 through 24, 1993, as the "Week of the Young Child" in Lake County.
A motion was made by Commr. Hanson, and seconded by Commr. Bailey, to approve a Proclamation designating "WalkAmerica" Day as April 24, 1993, in Lake County.
Ms. Susan Martin, Tavares, appeared before the Board to discuss the walkathon, and requested that the County Commissioners consider sponsoring a check point on the walk, in behalf of Lake County.
The Chairman called for a vote on the motion, with the motion being carried unanimously.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to pay costs in the case of State of Florida vs. Robert K. Manner, in the amount of $105.00, as presented by the County Attorney.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
FACILITIES & CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, stated that, over the last several months, the Industrial Development Authority (IDA) and the Tourist Development Council (TDC) have been discussing the distribution and allocation of costs at the Lake County Central Park. Mr. Wahl stated that, after reviewing several proposals, the IDA and the TDC are in agreement and recommend approval of the proposed budget and the associated distribution of the budget equally over the 532 acres of usable land in the Lake County Central Park, in the amount of $13,500,000.00.
It was noted that the development costs for the 734 acre site will be distributed equally over the 532 acres of usable land. The exception to this will be that property designated for Tourist Development use, which will pay a percentage of the total project cost, with that percentage being the ratio of TDC usable acreage to the total site acreage, which calculates to 36%.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the following staff recommendations, as presented to the Board in backup form from Mr. Mike Anderson, Senior Director of Facilities & Capital Improvements:
1. Approval of the Budget as submitted, using the 532.3 acre (usable acres) for cost calculations. Development costs should be directly applicable to the developable portions of the project.
Contingency: Staff feels that a 2.5% contingency is too restrictive for infrastructure site development, and recommends increasing to 5%.
Real Estate Commission has been included as six (6%) percent of the Total Committed Cost not including contingency.
2. Roadway Cost Distribution: We feel it is better to distribute the Roads and Drainage costs on a per acre basis. There are segments of the road system which are not directly adjacent to developing parcels, an example of this would be American Way between parcels 10 and 11. If the cost per L.F. criteria is used, approximately $620,000 would have to be absorbed between individual parcels.
3. I.D.A./T.D.C. Ratio Calculation: Staff feels calculation "D"
is the most equitable method. This uses T.D.C. developable acreage with the necessary associated wetlands and retention areas required, compared to the total site acreage.
4. Parcel Cost Distribution: Staff recommends Revision 1, Sheet two. This distribution report combines the infrastructure development costs per acre with the cost per acre for land. Using this method as the upper range cost and Revision 1, Sheet one as the lower range cost, covers the County's investment, and creates a negotiation range for marketing between average cost per acre method and premium cost per parcel method.
5. Water and Septage: The budget reflects on site water and sewage treatment. Tests have indicated the existing water well located on parcel 9, tract M, is of the quality and volume to serve both potable water and fire water requirements. It is staff's recommendation that the project develop this system and make it available to phase one parcels as quickly as possible, thereby saving potential developers from having to drill individual wells.
In addition staff would like to begin developing a sewage treatment master plan, to include the construction costs and management cost for such a system.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that a signed Settlement Agreement has been received for the pending administrative hearing with the Department of Community Affairs (DCA) involving Paradise Lakes. This will be scheduled for the May 4, 1993 agenda for consideration at a public hearing.
Ms. Lustgarten stated that another administrative hearing with DCA involves Skiing Paradise. A letter has been received from the attorney for DCA saying that a Settlement Agreement is being drafted and will be forthcoming.
Ms. Lustgarten stated that she had reported to the Board earlier that the Circuit Court had found on behalf of the County in the litigation involving the Greater Orlando Aviation Authority, and that she had anticipated that an appeal would be filed. An appeal has been filed, and staff is preparing a response to that appeal to the Fifth District Court of Appeals.
Ms. Lustgarten stated that the Board had directed staff to file the appropriate documents that would be necessary in response to the pending appeal by the Daily Commercial, in relation to the Department of Environmental Regulation (DER) opinion regarding Ogden Martin's records. Ms. Lustgarten stated that she has filed a Motion for Extension of Time, so that the County has the opportunity of reviewing the facts and the position of the County. Since then, staff has met with Ogden Martin, and an agreement is being developed wherein those records will be maintained indefinitely well beyond the contract date, so that they will have those available to the County at any point in time that the County made need them in the future. The agreement will be forthcoming to the Board at a later date. Once the terms are completed, Ms. Lustgarten stated that she will take formal action in the administrative process to determine what the County's action will be. She stated that she will be reporting back to the Board on this issue.
Through discussion, Ms. Lustgarten stated that staff contemplates a written agreement with Ogden Martin in relation to record retention, because the existing contract is not 100% clear on this issue. At that point in time, staff might also consider the protocols that have been previously discussed in relation to the handling of special wastes, with a written agreement separate and apart from the existing agreement.
Mr. Pete Wahl, County Manager, discussed the Rezoning Meeting procedures. He stated that the Board has been scheduling the zoning meetings in the evenings, and they have been running late. He felt that timely procedures needed to be established, due to the concerns being expressed about the late hours. Mr. Wahl requested Board direction, and stated that staff is recommending that the controversial and non-controversial cases be separated, and the non-controversial cases be placed at the beginning of the zoning meeting. He also discussed the Board pre-setting an ending time for the hearings, and requested direction from the Board, as to the scheduling of those hearings that would be continued.
Commr. Hanson discussed the number of people who were present at the last evening meeting, and stated that she felt there were no more people in attendance than the number that would have appeared during the day. She discussed the procedures used by staff prior to the establishment of the evening zoning meetings, when the meetings were scheduled at 9 a.m. and continued into the afternoon at 2 p.m., and would continue until the completion of the agenda. She stated that she would prefer to return to this schedule rather than proceeding with the evening meetings.
Ms. Annette Star Lustgarten, County Attorney, stated that, if cases are not considered on the evening that they are advertised, the case will need to be renoticed for sufficient time.
Commr. Bailey expressed his desire for the continuance of evening meetings, and stated that he did not feel that a time limit should be established for the zoning cases.
Commr. Swartz stated that, at a minimum, the non-controversial cases should be scheduled at the beginning of the agenda, with the cases that staff would foresee as having a lot a public comment being scheduled at the end.
Discussion occurred regarding the continuance of an evening meeting until the next day, with Ms. Lustgarten informing the Board that there is a new Attorney General's opinion interpreting the chapter which requires renoticing and readvertising. If staff advertises both days in the original notice, the meeting could continue to the next day.
After some discussion, it was the consensus of the Board to request staff to modify the agenda for next week, which has been advertised for 6 p.m., by placing the non-controversial hearings at the beginning of the agenda.
No further action was taken by the Board.
PURCHASING AGENDA - ADDENDUM #1
ACCOUNTS ALLOWED/COURTHOUSE/COUNTY BUILDINGS & GROUNDS
Mr. Pete Wahl, County Manager, reviewed the request to award the bid for the replacement of the roof at the Historical Courthouse. This was authorized as an emergency quote based on the storm damage that occurred in March, 1993. The estimated cost was $80,000.00, with the bids being received yesterday. Mr. Wahl stated that staff is recommending the low bid for Alternate A, for a firestone fifteen (15) year roof, to CEI Florida, Inc., in the amount of $51,499.00, which was the overall low bid, with a unit price of $6.00 per square foot for any additional work that is subsurfaced and not visible at this time.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved Alternate A, to award quote #Q-2-3-08 to CEI Florida, Inc., to replace the roof at the Historical Courthouse, in the amount of $51,499.00, as stated above by the County Manager, and to issue a purchase order, and encumber and expend funds.
PURCHASING AGENDA - ADDENDUM #2
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following request, as presented by Mr. Pete Wahl, County Manager, and to encumber and expend funds:
(D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., Cooperative Bids, or OEM Repairs.
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
1) PUBLIC SERVICES Jimmy Crowder Excavating & ESTIMATED
Land Clearing, Inc./Issue $33,358.00
Purchase Order for grinding
of storm debris at Astatula
Landfill. Piggyback U.S.
Army Corps. of Engineers
Solicitation No. DACW17-
93-B-0069. The Corps price
per ton was $10.00, however,
the County's cost per ton
will be $8.90 due to the
contractor waiving the cost
for mobilization & demobil-
ization, since the Corps.
is paying for these services
in their contract. Monies
to be reimbursed through
FEMA. Estimated tonnage
on site is 3,748.
Commr. Gerber informed the Board members that the applications for the Charter Committee have been received, and the appointments will be made at the May 4, 1993, regular meeting.
Commr. Gerber informed the Board that Mr. Craig Evans, Senior Associate, Program Development for the American Farmland Trust, will be making a presentation on preserving Agricultural Land and Open Space, on June 2, 1993, at 2 p.m., in the Board Meeting Room.
Commr. Bailey informed the Board that the Lake County Fair was very successful this year, and he extended his appreciation to the Board members for their assistance in this event.
Commr. Hanson informed the Board that she has been appointed to the Florida Extension Service Council of Advisors for Research and Extension in Natural Resources.
Commr. Swartz discussed the Board's review process for the proposed budget requests from the Departments.
It was the consensus of the Board that direction be given to the County Manager and staff to prepare a budget workshop schedule, and to coordinate it with the overall annual fiscal year budget review calendar that has already been established.
Mr. Pete Wahl, County Manager, discussed the Board's calendar for the month of July, which includes three regular Board meetings. He stated that, in the past, the Board has eliminated the first scheduled Board meeting, due to the holiday, and scheduled vacations. He stated that this has been raised as an issue, in order that an appropriate schedule be prepared by staff for the upcoming agenda items.
Ms. Eleanor Anderson, Director, Office of Budget, addressed the Board members on the budget calendar, and brought to their attention the tentative date scheduled for notification to be made to the Property Appraiser regarding the millage.
No action was taken at this time regarding the schedule for the month of July.
Commr. Swartz stated that the "Mock" Board Meeting will be at 1:30 p.m., with the students who have been assigned to County Representatives for Student Government Day.
RECESS & REASSEMBLY
At 1:30 p.m., the Chairman announced the "Mock" Board Meeting. At this time, the students representing County Commissioners and staff heard a "Mock" road vacation presented by Mr. Jim Stivender, Director of Public Services. Once the case was presented, with testimony being given by those members of staff who were participating in the student day event, the students voted on the issue.
After the completion of the "Mock" Board Meeting, Commr. Swartz informed the students that they would be given a tour of the Courthouse Complex and the Jail.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:30 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
JAMES C. WATKINS, CLERK