The Lake County Board of County Commissioners met in regular session on Tuesday, August 17, 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 (Commr. Swartz was not present due to another commitment); 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; Barbara Lehman, Chief Deputy Clerk, Finance & Audit Department; and Marlene S. Foran, Deputy Clerk.
Commr. Bailey gave the Invocation and led the Pledge of Allegiance.
MINUTES
Regarding the Minutes of June 22, 1993 (Regular Meeting), clarification was made to the misspelling of a word, and the following changes were requested by the Board:
Page 5, Line 28 - change "support" to decide.
Page 9, Line 18 - change "petition" to condition.
Page 43, Line 5 - clarification was requested to language.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of June 22, 1993, as amended.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of July 14, 1993 (Special Meeting), as presented.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of July 15, 1993 (Special Meeting), as presented.
Regarding the Minutes of July 20, 1993 (Regular Meeting), clarification was made to the misspelling of words, and the following change was requested by the Board:
Page 23, Line 2 - change "1992" to 1993.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of July 20, 1993, as corrected.
Regarding the Minutes of July 27, 1993 (Regular Meeting), the following change was requested by the Board:
Page 11, Line 30 - change "objective" to subjective.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of July 27, 1993, as corrected.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request to file and record proof of publication in the Minutes of August 17, 1993, for unclaimed monies, in the amount of $15,734.15, less those monies claimed on or before September 1, 1993. Said monies will be receipted as fines and forfeits revenue before September 25, 1993.
Bonds-Contractor
New
5240-93 Richard Clark & Charles Clark dba Clark Brothers Roofing
5241-93 Charles Carpenter (Roofing)
5243-93 Robert Dyer Electric Company
Cancellations
1100-92 Arthur Jones
1592-93 David Dunstan
4122-93 Ronald L. Hart, Jr.
5205-93 L.B. Electric of Orlando Florida
Amendment
5242-93 Dennis M. Cauthen and Lawrence J. Bowen dba B & C Enterprises to Paul D. Evers and Lawrence J. Bowen.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Barry Allen Howard, Case No. 93-485 CF, in the amount of $250.00, and authorized proper signature on same.
Request for approval of Satisfaction of Judgment for Timothy Allen Smith, Case No. 93-880MMA01 AC, in the amount of $320.00, and authorized proper signature on same.
. Accounts Allowed/Assessments/Subdivisions
Request for approval of Satisfaction of Assessment Liens, as follows:
Mount Plymouth Subdivision
Taylor H. Loop $ 735.69
Fleet Mortgage Brokers, Inc. $ 740.68
Fleet Mortgage Brokers, Inc. $ 743.04
Woodland Hills/Piney Woods
Michael E. Peachey $ 460.21
Ike Avenue
Edward E. Zimmerman, Jr. $1,277.62
Haines Creek Heights
Robert A. & Paula F. Gregg $1,136.27
Eula May Kennedy $1,739.19
Crescentview Development
Ernie L. & Diane L. Wright $2,616.40
David Wayne & Sara Lee Duncan Saunders $6,673.64
First Street, Astor
Nellie McAlister $4,223.84
Distance Drive/Rainbow Lane
John & Mildred M. Wragg $1,337.25
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 Clerical Support Division of the Clerk's Office.
State Agencies
Request to acknowledge receipt of Notice of Hearing from the Florida Housing Finance Agency, in regard to proposed Rule Chapter 9I-42, F.A.C., establishing the Agency procedures for administering the Single Family Lease-Ownership Revenue Bond Program, on August 16, 1993, at 2:00 p.m., Department of Community Affairs, Tallahassee, Florida.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 93-07, adopted by the Town of Lady Lake Town Commission on July 6, 1993, amending Sections 2-72, 2-79, 2-80, 2-81, 2-82, 2-84, 2-85, and 2-86 of the Town of Lady Lake Code of Ordinances pertaining to Code Enforcement.
Utilities/State Agencies
Request to acknowledge receipt of Notice of Hearing from the Florida Public Service Commission in regard to Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor; Energy Conservation Cost Recovery Clause; and Purchased Gas Cost Recovery Clause, on August 18, 1993, Tallahassee, Florida.
Utilities/State Agencies/Subdivisions
Request to acknowledge receipt of Notice of Proposed Agency Action: Florida Public Service Commission Order Establishing Permanent Rates and Charges, and Releasing Corporate Undertaking in regard to Application for Transfer of Assets from Lake Saunders Acres Subdivision to Lake Utility Services, Inc., Amending of Certificate No. 496-W and a Limited Proceeding to Establish Rates and Charges.
State Agencies
Request to acknowledge receipt of Notice of Intent: Florida Department of Transportation in regard to a proposed private airport to be known as Arlis M. Airport, Marion County, Florida; private airport site approval to be issued on or after August 31, 1993; Public Meeting to be conducted on September 9, 1993, at 6:00 p.m., at the Marion County Government Complex, Ocala, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Cadwell requested that Tab 3, the request to approve the appointment of Dr. Tom Sanders, Superintendent of Lake County Schools, and the reappointment of Ms. Linda Every, private sector, to serve terms of office on the Volusia, Lake, Flagler Private Industry Council Board of Directors, be pulled from the County Manager's Consent Agenda and rescheduled on August 24, 1993.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests, with the exception of Tab 3:
Grants/Resolutions/State Agencies
Request for approval of Resolution No. 1993-120 to continue granting funds for the DARE Program and Genesis Program at current level.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request for approval of the Radiological Emergency Preparedness Agreement for Fiscal Year 1993-94 in the amount of $825.00.
Information Services/Roads-County & State
Request for approval of Resolution No. 1993-121 renaming Slab Church Road (#2-1721) to Silver Eagle Road.
Contracts, Leases & Agreements/Planning & Development/Zoning
Request to accept a Developer's Agreement between Lake County and Sandra A. Richard providing for restrictions on land use density; authorized proper signature on same; and subject to final review and approval by the County Attorney.
Accounts Allowed/Bonds/Subdivisions/Resolutions
Roads-County & State
Request to accept a maintenance bond, in the amount of $3,592.00; and to accept East 6th Avenue (#5-7879B) and East 7th Avenue (#5-7879C), East Umatilla Subdivision, into the County Maintenance System; subject to final review and approval by the County Attorney.
Rights-of-Way, Roads & Easements/Deeds
Request to accept a Non-Exclusive Easement Deed from L. A. and Margie N. Bradley in relation to Large Lot Split #92-126.
Grants/State Agencies/Solid Waste
Request for approval and authorization for the Chairman to sign the Third Quarter Waste Tire Grant Reimbursement Request.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Municipalities/Road Projects
Request for authorization to advertise for bids Project No. 1-94 Countywide Resurfacing Program, at an estimated cost of $676,337.33; and authorization to proceed with Interlocal Agreements with the Cities of Eustis, Leesburg, and Mount Dora to resurface various roads in the cities' limits, at an estimated cost of $411,600.00, to be included in the Countywide Resurfacing Program for a total cost of $1,087,937.33.
Accounts Allowed/Bids/Road Projects
Request for authorization to advertise a Request for Proposal (RFP) for Consulting Engineering Services for a Project Development and Environmental Study for the North/South Bypass Project No. 19-93, at an estimated cost of $400,000.00, from the Road Impact Fee Fund Benefit District 3. Commissioner District 1/5.
Accounts Allowed/Bids/Road Projects
Request for authorization to advertise for bids for Round Lake Road (#4-4183) Widening and Resurfacing Lump Sum Construction, Project No. 2-94, at an estimated cost of $391,000.00, from the County Transportation Trust Fund. Commissioner District 4.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request to advertise Road Vacation Petition No. 729, by Neil Britt, President, Gourd Neck Springs, Inc., to vacate rights-of-way, and easements, Montverde area. Commissioner District 2.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request to advertise Road Vacation Petition No. 730, by Robert Sindler, to vacate alley, Mount Plymouth Subdivision, Mount Plymouth Area. Commissioner District 4.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request to advertise Road Vacation Petition No. 732, by Sunbank, to vacate road, Lake Griffin Park, Leesburg Area. Commissioner District 1.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request to advertise Road Vacation Petition No. 733, by Kelly H. Owen, to vacate easement, Orange Blossom Gardens Unit No. 3.1B, Lady Lake Area. Commissioner District 5.
Roads-County & State/Deeds
Request for approval to release the following Murphy Act State Road Reservations:
Deed No. 1950 - Wayne M. and Rhonda Lee Nash - Northeast of Lady Lake
Release all reservations.
Roads-County & State/Deeds
Request for approval to release the following Murphy Act State Road Reservations:
Deed No. 2293 - Marilyn Stentz - East Umatilla Subdivision
Reserve thirty-three (33) feet from centerline on West 3rd Avenue.
Roads-County & State/Deeds
Request for approval to release the following Murphy Act State Road Reservations:
Deed No. 21684 - Michael Elon and Joyce Andrews Crawford - Indian Hills Subdivision, Clermont.
Reserve fifty (50) feet from centerline on West Avenue and reserve thirty (30) feet from centerline on Linden Street.
Municipalities/Roads-County & State/Road Closings
Request for approval of the temporary closing of Old 441 (5th Avenue), in Mount Dora, from Baker Street West to Alexander Street, from 5:00 p.m. until 9:00 p.m., on December 10, 1993 for the annual "Christmas Walk".
Deeds/Rights-of-Way, Roads, & Easements/Road Projects
Request to accept the following Statutory Warranty Deed:
Frances A. Joslin - Road C-565A
Deeds/Roads-County & State
Request to accept the following Quit Claim Deed:
Lois L. McKay, Gerald F. Erickson, Thomas W. Erickson, as Co- Trustees under the Ward J. Leppere Residual Trust - S. Buckhill Road (#2-2439).
Rights-of-Way, Roads & Easements/Deeds
Request to accept the following Non-Exclusive Easement Deed:
Gary W. and Babette W. Ward - U.S. 441/S.R. 500
Cross-Access Easement
Request to accept the following Statutory Warranty Deed:
Gary W. and Babette W. Ward - Skinner Avenue (#1-4733) and Pringle Avenue (#1-4733A)
Rights-of-Way, Roads & Easements/Deeds
Request to accept the following Statutory Warranty Deed:
City of Eustis, Florida - Getford Road (#4-5970) and Hick's Ditch Road (#4-6065).
Rights-of-Way, Roads & Easements/Deeds
Request for approval of the following Trustees Warranty Deed for two parcels on the West side of Lake Jem on CR 448:
Dorothy Shipes, Trustee
Thomas J. Lawrence, Trustee
William S. Greenlee, Trustee
Accounts Allowed/Budgets/Bids/Purchasing
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
1) Solid Waste $50,000.00
Florida Rock Industries/Authorization to issue Purchase Order within budgeted funds and award Bid #B-4-3-68 for Lake County's annual bid for Cover Material for the Landfill. Two (2) bids were received. Award is recommended to low bid of $.75 per ton. The estimated savings between high and low bid is $48,600.00.
2) Solid Waste $71,280.00
Rehrig Pacific Company/Authorization to issue Purchase Order within budgeted funds and award Bid #B-5-3-71 for Residential Curbside Recycling Containers. Four bids were received. Award is recommended to low bid at $2.97 per container with payment terms of 10% down, net 60 days. The first Purchase Order will be for $7,128.00 which is 10% of the total purchase price of $71,280.00 for 24,000 containers. The second Purchase Order will be for $64,152.00, which will be issued after October 1, 1993, when budgeted funds are available. The estimated savings between high and low bid is $20,400.00
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.
1) Solid Waste $ 6,996.00
Ringhaver Equipment/Issue Change Order for $6,996.00 to P.O. #76636, total Purchase Order for labor and material to replace Caron Wheel Wear Tips on a 826C CAT will be $23,496.00. This is an OEM repair. The Board approved the purchase of the tips on January 5, 1993. A change order is needed to include the labor to install the tips.
Accounts Allowed/Contracts, Leases & Agreements
Tourist Development Council
Request for approval to accept the proposal of KB Enterprises, Inc. for Television Uplink of the opening of the Tourist Development Council Welcome Center; and to encumber and expend funds in the amount of $3,675.00.
Accounts Allowed, Contracts, Leases & Agreements
Tourist Development Council
Request for approval and execution of agreement for Online Display with Applied Information Services, Inc.; and to encumber and expend funds in the amount of $3,995.00.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, it was noted that no one wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS/STATE AGENCIES
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the reappointment of Ms. Joan Zeller to the HRS District III Alcohol, Drug Abuse and Mental Health Planning Council. Ms. Zeller's current term will expire on August 31, 1993.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
SOLID WASTE
Mr. Pete Wahl, County Manager, stated that this request was for approval to execute the First Amendment to the Contract with Construction Development and Design Company.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval to execute the First Amendment to the Contract with Construction Development and Design Company increasing the scope of work; and to encumber funds, at an estimated cost of $16,045.00, to add a septic tank system and main water lines to the Solid Waste Facility.
HUMAN RESOURCES/COUNTY EMPLOYEES
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the request for reclassification of the Food Services Supervisor position, Pay Grade 603-00 to Pay Grade 707-00, in the Department of Corrections, Operations, Support Services, effective August 8, 1993.
COMMUNICATIONS/JUDICIAL CENTER/INFORMATION SERVICES
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request to increase the wiring level in the Public Defender's area for increased data handling.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/STATE AGENCIES
GRANTS
Mr. Pete Wahl, County Manager, presented this request to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for an Interlocal Agreement with the City of Eustis concerning the 1993 Community Development Block Grant (CDBG), and designation of responsibility, as well as administrative funding; subject to final review and approval by the County Attorney.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Pete Wahl, County Manager, stated that the Board had previously awarded the bid for the excavation of the new cell at the Astatula Landfill to Prince Contracting Company, Inc., as low bidder; however, Prince Contracting has withdrawn said bid, and the request before the Board this date is for permission to negotiate a contract with Phillips & Jordon, Inc., the second lowest bidder. He stated that it is further recommended that the County Attorney be instructed to proceed with necessary action to secure damages against Prince Contracting Company, Inc.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award the bid for the excavation of the new cell at the Astatula Landfill to Phillips & Jordan, Inc.; authorization to execute the contract subject to final review by the County Attorney; and for the County Attorney to proceed with necessary action to secure damages against Prince Contracting Company, Inc. that may be available.
REPORTS
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, provided an update on the suit filed against Lake County in regard to Judy A. Halaby, as personal representative of the Estate of Robert A. Malone v. the City of Tavares; Lake County; George E. Knupp, Jr., Sheriff; and United Telephone Company, Inc.. She informed the Board that a motion to dismiss Lake County from said litigation was granted on July 22, 1993.
COMMISSIONER GERBER - DISTRICT NO. 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Discussion occurred regarding the request for approval of the appointment of David Barth, representing the Development category, on the Natural Resources Advisory Committee; at which time it was the consensus of the Board to postpone this request until the September 7, 1993 Board of County Commissioners' meeting.
Ms. Annette Star Lustgarten, County Attorney, stated that the request for continuation of the Natural Resources Advisory Committee for two years will be brought back to the Board as a resolution amendment.
COMMISSIONER CADWELL - DISTRICT NO. 5
COMMISSIONERS
Commr. Cadwell informed the Board that the County will be hosting a "Government In Law Day" for Leadership Lake County on November 10, 1993, and requested permission to offer to Leadership Lake County the expansion of the internship program to include the Board of County Commissioners.
Commr. Hanson suggested that the internship program be advertised so that the Commissioners may participate in "Government In Law Day" to be in compliance with the Sunshine Law.
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3
ACCOUNTS ALLOWED/STATE AGENCIES/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, presented this request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to pay costs in the case of the State of Florida v. Phillip A. Winshell in the amount of $941.32.
ADDENDUM NO. 1
REPORTS/ROAD PROJECTS
Mr. Pete Wahl, County Manager, stated that it was his recommendation that the workshop on the Lake County 1994-1998 Road Program be withdrawn from the agenda this date, and rescheduled on the Board of County Commissioners' September 7, 1993 meeting, due to Mr. Jim Stivender, Director of Public Services, not being available to make the presentation. He further recommended that the Commissioners review the road program as it relates to their districts, and address their suggestions, recommendations and questions with Mr. Stivender prior to the presentation on September 7, 1993.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the recommendation to rescheduled the workshop on the Lake County 1994-1998 Road Program on September 7, 1993.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Contracts, Leases & Agreements/Corrections/Public Services
Request for approval and execution of the annual renewal of the Florida Department of Corrections Interagency/Public Works Agreement.
Budgets/Mosquito-Aquatic Plant Management
Request for approval of the Tentative Certified Budget for Arthropod Control for Fiscal Year 1993-94, and authorized proper signature on same.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Road Projects
Request for authorization to award Project No. RPS-5-3-01 Countywide Geodetic Control Densification Project; approval of Agreement Between Lake County and Keith & Schnars, Inc.; and to encumber and expend funds, in the amount of $36,000.00, from the County Transportation Trust Funds. All Commissioner Districts.
Grants/Education/Solid Waste
Request for approval of the Third Quarter Recycling and Education Grant reimbursement requests; and authorized proper signature on same.
Accounts Allowed/Contracts, Leases & Agreements/Solid Waste
Request for approval and signature on the Bill of Sale selling the Caterpillar 816B Compactor, S/N 15z00847, back to Ringhaver Equipment Company in an amount of $65,000.00.
Accounts Allowed/Budgets/Bids/Purchasing
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.
DIVISION AMOUNT
1) Public Defender $100,000.00
Authorization to seek proposals and approve technical specifications for Lake County's annual proposal for Legal Services for the Public Defender's Conflict of Interest Cases, Proposal #P-5-4-02.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/FIRE PROTECTION/MUNICIPALITIES
Mr. Pete Wahl, County Manager, stated that the City of Eustis has informed his office that they wish to withdraw their consideration of the City of Eustis Fire/Rescue Contract proposal for this year.
Commr. Cadwell expressed his gratitude to Mr. Craig Haun, Director, Fire & Emergency Services, for his efforts in presenting the Fire/Rescue proposal at the request of the City of Eustis, and further expressed the importance of maintaining a positive attitude when the City of Eustis, or other municipalities, may approach the County in regard to a Fire/Rescue Contract proposal in the future.
REPORTS
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT 3
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for ratification of financial items which needed to be paid prior to the Board meeting.
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY/COUNTY ATTORNEY
Request for approval to pay Order of Certificate of Cost in the case of the State of Florida v. Norman St. Charles, in the amount of $639.50.
ADDENDUM NO. 2
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the following request:
Accounts Allowed/Bids/Budgets/Purchasing
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.
DIVISION AMOUNT
1) Human Resources $11,000.00
Authorization to seek proposals and approve technical specifications for Preferred Provider Organization (PPO) and/or Preferred Healthcare Providers for Lake County's Group Health Plan.
B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders.
DIVISION AMOUNT
1) Solid Waste $45,000.00
Permission to waive bid requirements and accept quotes and award the Purchase Order to the low most responsive quote for two each, new (1993), full size four wheel drive utility vehicle. This is a time sensitive project, due to the fact Purchasing will have to quote prices off the dealer's lot. Automobile orders cannot be placed directly with the manufacturer until after September. Grant money will be utilized for the purchase of the vehicles.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval of the Agreement between Lake County and Leisure Communities, Ltd. relating to the issuance of building permits within the boundaries of Pennbrooke Phase IE.
RECESS AND REASSEMBLY
At 9:35 a.m., the Chairman announced that the Board would recess and reconvene at 5:00 p.m. for a public hearing.
PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)
ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS
Mr. Pete Wahl, County Manager, presented the request for approval of the resolution adopting the "Imperial Terrace West Municipal Service Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll. He stated that there has been a misunderstanding in regard to the fee attached to the Municipal Service Benefit Unit (MSBU), and explained that it is the policy of the Board to incorporate costs associated with the creation and operation of MSBUs into the program, so that the costs associated with the overall program would be sustained only by the beneficiaries and not by any other property owners, tax payers, or fee payers in Lake County. He stated that administrative costs and associated advertising costs, were not included at the time the "Imperial Terrace West MSBU" was created and that said costs have been incorporated into the proposed assessment for this year. He stated that the anticipated costs have been reduced from $28.75 per parcel to $25.48 per parcel for Fiscal Year 1993-94.
Mr. Wahl stated that there has been interest expressed by the beneficiaries of the Imperial Terrace West MSBU to discontinue the MSBU; however, there are approximately $5,000 in costs that have been accumulated by and in conjunction with the creation of the MSBU that would still have to be paid by the beneficiaries.
Ms. Annette Star Lustgarten, County Attorney, explained that the resolution before the Board was to establish an assessment for Imperial Terrace West MSBU, and if the Board determines not to proceed with the advertised assessment, action would not be taken on said resolution, and the Tax Collector and the Property Appraiser would require notification to remove said assessment from the tax bill. She stated that the Board does have the ability to assess the administrative costs alluded to by Mr. Wahl.
Mr. Charles Sparks, President of the Imperial Terrace West Homeowner's Association, Inc. appeared before the Board and stated that the Imperial Terrace West Homeowners Association is requesting that the MSBU for Imperial Terrace West street light be discontinued. He explained that it not feasible or practical for the Association to continue with this plan. At this time, Mr. Sparks presented a petition containing signatures of approximately fifty-five (55%) percent of the homeowners who wish to have the Board discontinue the street lighting resolution.
Mr. Gene Reagan, Budget & Finance Chairman, Imperial Terrace West Homeowners Association, Inc., appeared before the Board and presented a copy of a "Notice to Property Owners" for the Board's review, and explained that the Homeowners Association remained with the assessment program due to the "Notice to Property Owner" indicating an assessment of $16.84 for Fiscal Year 1993-1994, and a slight increase through Fiscal Year 1996-97. They were not notified that the costs would escalate in a period of one year.
Ms. Lustgarten explained that the Non-Ad Valorem Assessment Roll must be certified on September 15, 1993, and should the Board choose to proceed, an assessment to cover the administrative costs that the County has incurred would require to be completed at the September 7, 1993 Board of County Commissioners' meeting.
Mr. Wahl stated that MSBUs have previously been handled as individual activities, resulting in increased administrative costs. Staff is presently reviewing this issue, and consideration is being given to advertising a master MSBU ordinance, which would spread administrative costs over multiply years and over a larger base. On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board postponed the request for approval of a resolution adopting the "Imperial Terrace West Municipal Services Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll until September 7, 1993 at 9:00 a.m.
Commr. Bailey was not present for the discussion or vote.
ASSESSMENTS/RESOLUTIONS/FIRE PROTECTION/SUBDIVISIONS
Ms. Annette Star Lustgarten, County Attorney, presented a resolution adopting the "Deer Island Municipal Service Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll for fire protection. She explained that the Planned Unit Development (PUD) Ordinance for Deer Island contained a provision that required the creation of the Municipal Service Benefit Unit (MSBU) for the provision of additional fire services, due to the location of the development, and additional needs that were created by said location. She stated that the MSBU is required to be in place prior to the first building permit being issued.
No one present wished to address this issue with the Board.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried, the Board approved the request for authorization to execute Resolution No. 1993-122 adopting the "Deer Island Municipal Service Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll.
Commr. Bailey was not present for the discussion or vote.
ASSESSMENTS/RESOLUTIONS/SUBDIVISIONS
Ms. Annette Star Lustgarten, County Attorney, stated that the request to approve and authorize the execution of a resolution adopting the "Greater Groves Municipal Service Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll for general municipal services and facilities was being established for Fiscal Year 1993-94 and Fiscal Year 1994-95. She noted that the revised rate schedule indicates a rate decrease from $353.65 per parcel to $346.84 per parcel due to a miscalculation of the number of parcels. She explained that the Greater Groves Municipal Service Benefit Unit is for the purpose of providing recreational services and facilities, streets, sidewalks, street lighting, stormwater management, transportation, maintenance of open space and common areas, and other essential municipal facilities and municipal services.
Mr. Pete Wahl, County Manager, stated that there was a need for the Board to establish clear policies and procedures on Municipal Service Benefit Units (MSBUs) to prevent risk to the Board when the County has authorized the expenditure of funds for the extension of water lines, streets or other infrastructure.
Ms. June Noblitt, representing the Greater Groves Homeowners Association, appeared before the Board and stated that complaints have been received from the homeowners in regard to the costs associated with the assessment and requested that a copy of the budget be provided to them, which they have been unable to obtain from County staff.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved the request for approval and authorization to execute Resolution No. 1993-123 adopting the
"Greater Groves Municipal Service Benefit Unit" Non-Ad Valorem Rate Schedule and the Non-Ad Valorem Assessment Roll at the adjusted rate of $346.84 per parcel.
Commr. Bailey was not present for the discussion or vote.
SUPPLEMENTAL AGENDA
ACCOUNTS ALLOWED/BUDGET TRANSFERS/SOLID WASTE/PUBLIC SERVICES
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved the following budget transfer:
Fund: Landfill Enterprise
Department: Public Services
Division: Solid Waste Management
From: Operating Expenses $65,000
To: Capital Outlay $45,000
Operating Expenses $20,000
Transfer #: 93-0302
Commr. Bailey was not present for the discussion or vote.
MEETINGS/SUBDIVISIONS/PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, presented the request to schedule a public hearing for abandonment of the Sunchase Development of Regional Impact on October 26, 1993, and noted that the Board will also be considering the creation of an amended Planned Unit Development (PUD) to be known as the Greater Lakes PUD.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried, the Board approved the request to schedule a public hearing on October 26, 1993 for abandonment of the Sunchase Development of Regional Impact.
Commr. Bailey was not present for the discussion or vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:45 p.m.
G. RICHARD SWARTZ, JR. CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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