The Lake County Board of County Commissioners met in regular session on Tuesday, December 7, 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: Frank T. Gaylord, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Beth Lange, Chief Deputy, Courts Management Department; and Toni M. Riggs, Deputy Clerk.
Reverend Bill Fraker, First United Methodist Church, Tavares, gave the Invocation and led the Pledge of Allegiance.
APPOINTMENTS-RESIGNATIONS/COUNTY COMMISSIONERS
Commr. Swartz opened up the floor for nominations for the position of Chairman for the Board of County Commissioners.
Commr. Bailey nominated Commr. Catherine C. Hanson for the position of Chairman.
There being no other nominations, Commr. Swartz called for a vote on the nomination, which carried unanimously.
Ms. Shirley Grantham, Business and Professional Womens' Club (BPW), appeared before the Board and made a presentation to Commr. Hanson on behalf of the members of BPW.
Ms. Carol Smith-Clendinen appeared before the Board and made a presentation to Commr. Hanson on her newly elected position.
Commr. Hanson opened up the floor for nominations for the position of Vice Chairman for the Board of County Commissioners.
Commr. Bailey nominated Commr. Welton C. Cadwell for the position of Vice Chairman.
There being no other nominations, Commr. Hanson called for a vote on the nomination, which carried unanimously.
RECESS & REASSEMBLY
At 9:18 a.m., the Chairman, Commr. Hanson, announced that the Board would take a five minute recess.
MINUTES
Discussion occurred regarding the Minutes of October 26, 1993, Regular Meeting, with the following request being made: Page 13, Line 28, the word "obnoxious" be italicized.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of October 26, 1993, Regular Meeting, as presented.
Discussion occurred regarding the Minutes of November 2, 1993, Regular Meeting, with the following corrections being made:
Page 11, Line 9 - Delete: giving
Add: looking at
Page 25, Lines 26-32 - Delete: legislature
Add: "...bringing members of the legislative delegation to Lake County."
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of November 2, 1993, Regular Meeting, as corrected.
Discussion occurred regarding the Minutes of November 2, 1993, Special Meeting - LDRs, and the possibility of requesting the Clerk to identify certain phrases with quotation marks. It was the consensus of the Board that the proper punctuation had been used in the Minutes of November 2, 1993, Special Meeting - LDRs.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 2, 1993, Special Meeting - LDRs, as presented.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Bonds - Contractor
Contractor Bonds, New and Cancellations, as follows:
New
1062-94 Rayburn B. Jones
1396-94 John C. Dann/Bee Dee Neon & Signs, Inc.
(Sign Erecting & Repair Including Electric)
1931-94 Tommy D. Tamsett & Tamsett Plumbing & Electric, Inc.
(Plumbing)
4067-94 Clifford Lucas Rainbow Lakes Heating & Air Cond. Inc.
(Heating/Air Cond.)
4492-94 Michael Scott d/b/a Mike Scott Plumbing (Master Plumbing)
4612-94 Robert G. Sellers d/b/a Selcon (Concrete)
4682-94 Bruce E. Chivers (Aluminum Contractor)
4793-94 Bruce Baumgardner (Aluminum)
4869-94 Ronald Hagadorn (Pool Maintenance)
4909-94 Juan Torres d/b/a AAArons Electric (Electrical)
4989-94 Jerry W. Smith (Electrical)
5039-94 Nancy L. Hopkins d/b/a Golden Triangle Air Conditioning
and Refrigeration (Heating & Air Conditioning)
5041-94 Hawkeye Plumbing Co., Inc. (Plumbing)
5053-94 Anthony J. Prano d/b/a A J Electric (Electrical)
5162-94 Advanced Roofing (Roofing)
5230-94 H & R Electrical Contractors, Inc. (Electrical)
5261-94 Darel G. Taylor Inc. (Residential)
5262-94 John M. Benson d/b/a Benson Construction (Building)
Cancellations
5041-93 Scott Maassen/Hawkeye Plumbing Company
5073-94 Benjamin Gary Rusu d/b/a Gary's Air Cond. & Heating
Accounts Allowed/Courts-Judges
Satisfaction of Judgment, Case No. 81-1931-CA-01, Lake County vs. Ralph R. Braswell and Judith A. Braswell, his wife, in the amount of $59.00.
Accounts Allowed/County Property
List of items to be transferred from Lake County Fixed Assets to the Sheriff's Department as part of the jail transition, in the amount of $758,536.42.
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Municipalities/Resolutions
Resolution No. 93-025 adopted by the City of Fruitland Park vacating a part of a plat of a subdivision located wholly within the city limits of the City of Fruitland Park, generally located at corner of Berckman Street and Rose Avenue, and generally known as the Mattiucci property.
Municipalities/Ordinances
(1) Ordinance No. 251 - The City of Mascotte - annexing certain described real property into the City of Mascotte upon the voluntary petition filed by Harvey C. and June Fender.
(2) Ordinance No. 252 - The City of Mascotte - amending the official zoning map of the City of Mascotte to change the zoning district designation of certain real property located within the corporated limits of the City of Mascotte from "(A) Agriculture" to "(R) Residential".
EMPLOYEE AWARDS/PERSONAL APPEARANCES
Mr. Joe Grawet, Personnel Manager, appeared before the Board
and presented information on each of the following employees, and Commr. Hanson presented the awards:
Presentation of Plaques to Employees with Five Years of Service, as follows:
M. "Carol" Griffin, Solid Waste Field Office Technician, Public Services/Solid Waste Management
Portia G. Hall, Secretary I, Public Services/Special Services
Charles A. Mohr, Equipment Operator III, Public Services/Solid Waste Management
Presentation of Plaque to Employee with Ten Years of Service
Linda S. Allen Probation Officer, Community Services/Probation
Presentation of Plaque to Employee with Twenty Years of Service
O. "Spike" Johns, Assistant Area Maintenance Supervisor, Public Services/Roads (Plaque received by Mr. Beau Carlton in behalf of Mr. Johns)
Presentation of Plaque and Bond to the December Employee of the Month
Paul R. Larson, Maintenance Specialist I, Building Maintenance, Facilities Management Division, Department of Facilities and Capital Improvements
Presentation of Plaque to Retiree for Years of Service Upon Retirement
Russell Swanson, Extension Agent, Agricultural Cooperative Extension Service - 13 Years, 7 Months of Service
EMPLOYEE AUDIT REWARDS
Presentation of Employee Audit Reward Checks to Two Employees
Richard L. Hutson, Right-of-Way Technician, Public Services, Engineering Division
Jackie Lynn Driggers, Building Technician, Planning and Development, One Stop Permitting Center Division
REPORTS
ORDINANCES/SHERIFF'S DEPARTMENT
Commr. Gerber brought up for discussion the issue of the Board enacting a Noise Ordinance for Lake County. She stated that, in the backup material provided to the Board, there is a memorandum to Mr. Al Thelen, County Manager, from Mr. Tim Hoban, Assistant County Attorney, dated May 28, 1991, regarding a proposed Noise Ordinance. Commr. Gerber informed the Board that she, along with Mr. Kirk Warren, Assistant County Attorney, recently met with representatives from the State Attorney's Office, the Sheriff's Department, and Mr. Pete Wahl, County Manager, to compose a draft ordinance that would be enforceable and would meet the State Attorney's requirements. Commr. Gerber stated that the Board needs to discuss animal complaints, and how these complaints can be addressed, as opposed to noise complaints for loud music.
Sheriff George E. Knupp appeared before the Board and stated that he had read the draft ordinance, and it meets his satisfaction. Sheriff Knupp explained how law enforcement is currently handling the noise problems, and stated that a deputy has to consider the "reasonableness" of the noise. He stated that five neighbors in the community would have to complain before the State Attorney's Office would consider filing a disturbing the peace case. Sheriff Knupp stated that the Sheriff's Department receives approximately 100 calls a month complaining about various types of noises, and that the Board is taking the right step forward, for the citizens of Lake County, by considering a noise ordinance. He stated that he has purchased several decibel machines, but that he understands some of the analysis from surrounding counties have not been successful. He further stated that, if, after further review of the machines, it is determined that the machines are not practical, this part will be left out of the ordinance.
Discussion occurred regarding the information presented by Sheriff Knupp pertaining to the number five (5) that has been established for the amount of neighbors that would have to file a complaint, in order for the State Attorney's Office to file a disturbing the peace case. It was noted that it would take more than one individual to make a complaint, in order for the office to make a conviction, and the State Attorney's Office would have a better chance of convicting someone, if there were a larger number of complaints.
Sheriff Knupp stated that, if the ordinance is approved and adopted by the Board, a copy would be presented to each individual that a deputy approaches about a noise complaint.
Commr. Bailey expressed that he was concerned about the cost factor involved with the proposed ordinance, and questioned the track record from other counties, in terms of costs.
Sheriff Knupp explained that the cost factor is not going to be any more than what it is today, because he will be sending a deputy to each call, just as he is doing now. He stated that, if the ordinance is passed, he will purchase and provide the necessary paper to print copies of the ordinance to give to the individual(s) at each call.
Discussion occurred regarding the 103 calls received by the Sheriff's Department for September and October, and how many of those were repeat calls. Sheriff Knupp explained the number of calls, and on what terms an individual is visited on one or more occasions. Sheriff Knupp stated that he has reviewed several ordinances from other counties, and he feels that Mr. Warren, Assistant County Attorney, has done an excellent job in drafting the ordinance.
Commr. Bailey commended the Sheriff on how he has been handling the jail, since becoming the Chief Correctional Officer. He requested that the Sheriff notify the Board when he needs any assistance with mandated programs that are being handed down to the County from the Federal and State levels.
Chief Craig Haun, Fire and Emergency Services, appeared before the Board to discuss the animal calls received by his office. He stated that the proposed ordinance does not pertain to animal noises, but more to amplified sound and human voices. He stated that the Animal Control Study Committee is working on defining animal noises in an animal control ordinance. Chief Haun explained the process his department currently uses for animal noise complaints, and stated that two complaints from two separate
neighbors are needed before a dog's barking is declared as a public nuisance. He explained the $35.00 citation that can be issued, but stressed that the problems are handled in a neighborly way, if possible, and from a common sense approach.
Commr. Gerber stated that 60% of the calls she has received are related to animals. She stated that the two neighbors in two different locations is a policy issue. Commr. Gerber explained the problems that exist in the rural areas, in terms of hunting dogs, and Chief Haun explained how his department handles these types of circumstances.
Mr. Kirk Warren, Assistant County Attorney, explained that the County has a nuisance ordinance, which is built into several types of ordinances, and there is also a State nuisance law.
Mr. Wahl stated that most of the nuisance ordinances are enforced through Code Enforcement, and the Noise Ordinance, as it has been written, is enforceable by the Sheriff.
Commr. Hanson commended Commr. Gerber for her work on this issue and stated that she supports the proposed ordinance as it is written.
Commr. Cadwell stated that he has reviewed the proposed ordinance several times, but does not have a comfort level with the discretion that the ordinance gives to the officer. He stated that it is unfair to the officer, and it opens the County up to potential legal actions against the County, because of the discretionary power, and therefore, he would not support the ordinance today.
Mr. Warren commented that Marion County has a decibel meter ordinance that has not been used in the last two years, and the ordinance before the Board is patterned after Hillsborough County, Pinellas County, and Polk County, and deals with reasonableness. Mr. Warren stated that 90% of the law enforcement officers' duties today deal with objective reasonableness.
Commr. Swartz stated that the Board has between now and the time of advertising to find a comfort level with the ordinance. He stated that, over the last couple of years, this is by far the best draft of a procedure. He commended Commr. Gerber, the Sheriff, and staff for their efforts in establishing something that is workable. He suggested that the Board move forward and advertise the ordinance, in order to get public input.
Commr. Bailey stated that he will support the ordinance, even though he would like ordinances like this to have some kind of a review process, for the ordinances to come back before the Board every year, so that the Board can determine the effectiveness of each ordinance.
Commr. Cadwell stated that, between today and the first reading of the ordinance, he will visit with the Sheriff, so that a determination can be made as to whether there are other Statutes already in the books that can help the County on these issues.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried, the Board approved to advertise the first reading on the proposed Noise Ordinance.
The motion carried by a 4-1 vote, with Commr. Cadwell voting "no".
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, recommended that Tabs 1 through 26 be approved, with the exception of Tab 17, which will come back before the Board next Tuesday.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Tabs 1 through 26, with the exception of Tab 17, for the following requests:
Accounts Allowed/Budget Transfers/Resolutions
Budget Transfers, as follows:
Fiscal Year 1993/94
1. Fund: General
Departments: Community Services and
Planning and Development Services
From: Personal Services $207.00
To: Personal Services $207.00
Transfer #: 94-0021
2. Fund: General
Department: Property Appraiser
From: Contingency Reserve $13,500.00
To: Operating Expenses $13,500.00
Transfer #: 94-0027
Approval of Budget Transfer #94-0027 and approval of expenditure from the General Fund in the amount of $15,697.17.
3. Fund: Section 8 Housing
Department: Community Services
Division: Human Services
From: Contingency Reserve $10,300.00
To: Capital Outlay $10,300.00
Transfer #: 94-0030
Fiscal Year 1992/93:
1. Fund: Industrial Development Park
Department: Facilities and Capital Improvements
Division: Capital Improvements
From: Non-Operating $275,000.00
To: Capital Outlay $275,000.00
Transfer #: 93-0451
Approval of Resolution requesting that the Greater Hills MSTU Fund for 1992/93 be amended to increase the total budget to include revenue received from unanticipated interest, in the amount of $768.00.
Reports/Community Services
Acknowledge receipt of the Lake County Public Health Unit (CPHU) Activities and Expenditure Report for the Period Ending September 30, 1993.
Contracts, Leases & Agreements/Agricultural Center/Fairgrounds
Approval and execution of both the Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc. Relating to Provision of Administrative and Management Services 1993-1994, and the 1993-1994 Renewal of Lease Between Lake County and Lake Agriculture and Youth Fair Association, Inc.
Contracts, Leases & Agreements/Jails/Bids
Approval to execute an Agreement/Contract, for the interior demolition of the old Main Jail, with D. H. Griffin Wrecking in the amount of $98,900.00, base bid.
County Employees
Approval to authorize the Chairman to sign Certificates for employees with one year of service.
County Employees
Approval to authorize the Chairman to sign Certificates for employees with three years of service.
Accounts Allowed/Corrections Department
Authorize payment of all FICA taxes on deferred compensation for 21 Corrections Department employees for the period of January 1990 thru July 10, 1993, in an amount not to exceed $9,000.00.
Planning and Development/State Agencies
Approval of the License to Use District Lands for the Lake Apopka Marsh Flow-Way Demonstration Project, which allows the County access to property owned by the St. Johns River Water Management District for the purpose of water sampling.
Accounts Allowed/Bonds/Subdivisions
Release of a Maintenance Bond, in the amount of $5,300.00, for Maxwell Park Subdivision.
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Statutory Conservation Easement Deed:
Gourd Neck Springs, Inc.
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Non-Exclusive Easement Deed:
Milton F. Sommer
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Non-Exclusive Easement Deed:
Nancy R. Blalock and Mary Kathleen Hopper
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Non-Exclusive Easement Deeds:
Dominic and Eunice Boetto AND Boetto Corporation
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Non-Exclusive Easement Deed:
Gerald R. and Robert J. Eulett
Deeds/Rights-of-Way, Roads & Easements
B. J. and Dixie L. Napier
Contracts, Leases & Agreements/Public Services
Approval to execute Agreement with Commercial Shredding, Inc. for scrap metal collection, subject to the County Attorney's review and approval.
Roads-County & State/Resolutions
Approval to raise the speed limit on CR-435 from 35 mph to 40 mph from the Orange County line to SR-46, and to post "Residential Area-No Thru Traffic" signs on Westward Ho Avenue and Deal Drive where they intersect with CR-435 and SR-46 and on Walton Heath Avenue where it intersects with SR-46.
Roads-County & State/Resolutions
Approval to extend the School Zone for Triangle Elementary School on Eudora Road to the northern and southern edges of the school property and relocate the flashing beacon at the southern edge of the school zone to the vicinity of Palmetto Road. Also post "No Parking at any Time" signs in front of the school on both sides of Eudora Road between the school property fences.
Contracts, Leases & Agreements/Rights-of-Way, Roads & Easements
Approval and authorization for Chairman to sign Agreement Between Lake County and Keith D. Stephenson and Janis K. Stephenson for Conveyance of Right-of-Way Property at Old 441 and Bay Road for intersection improvements and signalization.
Deeds/Roads-County & State
Acceptance of the following Statutory Warranty Deeds:
Frances A. Joslin and Ralph P. Horton
Libby No. 3 Road
M. Kenneth Boykin, Kenneth C. Boykin and Jeffrey S. Boykin
Libby No. 3 Road
Deeds/Roads-County & State
Acceptance of the following Statutory Warranty Deeds:
Raven and Mary A. Mill
Hull Road
Darryl A. and Christine A. Ladd
Hull Road
Deeds/Roads-County & State
Acceptance of the following Statutory Warranty Deed:
Robert E. and Dora M. Thornburg
Maxwell Road
Deeds/Rights-of-Way, Roads & Easements
Victor M. Husty, Todd M. Husty, Steven A. Crews, and
William H. Weaver, Jr.
Deeds/Rights-of-Way, Roads & Easements
Acceptance of the following Statutory Warranty Deed:
David Hurley
C-19A
Acceptance of the following Non-Exclusive Easement Deed:
David Hurley
Triangle Drive and Azalea Drive
Accounts Allowed/Purchasing
Request approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.
DIVISION AMOUNT
1) Community Services $ 11,000.00
Authorization to include in Lake County's Annual Fleet Bid
a replacement vehicle for Community Services. A vehicle is needed to replace the Celebrity that was totalled in an accident. This was not budgeted, however, funding will be obtained from the insurance check and fund 127.2031250.554.8600640, Community Services, Housing Department. All other vehicles in the Fleet Bid are budgeted.
2) Public Services $ 10,400.00
Authorization to seek bids for one new Digital Oscilloscope which will perform computerized diagnostic testing on County vehicles.
C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
1) Solid Waste Management $ 7,480.00
Drum Service of Florida/Authorization to award Bid #B-2-4-32, 400 each 55 gallon Steel Drums and issue a Purchase Order within budgeted funds. Three bids were received. Award recommendation is to the low most responsive bidder. Estimated savings between high and low bidder is approximately $520.00.
2) Public Services $ 10,000.00
Authorization to reject all Bids received for Bid #B-2-4-6, Automotive Battery and to re-bid under revised specifications or purchase off of the State Contract within budgeted funds
if it meets our requirements. The Office of Purchasing and the user Departments will evaluate the State Contract once it has been awarded in December to determine if it meets our requirement.
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
1) Public Services $ 7,900.00
Master Communications/Authorization to purchase off of State Contract # 725-560-93-1 and issue a Purchase Order within budgeted funds for seven (7) each new two-way Mobile Radios trunk mount, antennas and installation.
2) Public Services $15,937.20
Traffic Control Devices, Inc./Authorization to purchase off of Seminole County's Bid # A/R-266 and issue a Purchase Order within budgeted funds for a traffic signal and installation at Bay Road and C.R. old 441, Project 13-93.
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.
DIVISION AMOUNT
1) Public Services $25,870.00
Highland Tractor/Authorization to issue a Purchase Order within budgeted funds for full machine secure extended repair coverage, for two graders and one front end loader. It is also requested that the Chairman of the Board authorize the Maintenance Contract, pending the County Attorney's approval. This is an OEM service requirement.
2) Community Services $170,000.00
Lifestream/Authorization to issue a blanket Purchase Order within budgeted funds for Mental Health Services for County Residents which is mandated by Florida Statute 394.76, Section 3 (b).
3) Office of Budget UNKNOWN
Permission to waive Board of County Commissioner's Purchasing Polices and Procedures relating to the procurement of goods and services for Judiciary in accordance with Florida Statutes and existing Contractual Services. The Budget Office will initiate payment and monitor amounts within budgeted funds.
CITIZEN QUESTION AND COMMENT PERIOD
Commr. Hanson called for questions, comments and concerns from the citizens of Lake County. There being no one present wishing to appear before the Board, the Board continued with the scheduled agenda items.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
LIBRARIES
Mr. Fletcher Smith, Director of Community Services, was present to discuss the request with the Board.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved authorization to negotiate and execute a contract with Dynix, No. 1 ranked vendor, for the Library Automation System, subject to the County Attorney's review and approval.
BUDGETS/COURTHOUSE/COUNTY BUILDINGS AND GROUNDS
Mr. Pete Wahl, County Manager, informed the Board that Mr. Mike Anderson, Director, Facilities & Capital Improvements, and Mr. Terry Short, Architect, Odell & Associates Inc., were present to address the proposed overall construction budget for the renovation project for the Old Jail, Historic Courthouse, and the Round Courthouse.
Mr. Mike Anderson appeared before the Board and referred to the backup material, which reflected the project cost estimates, as follows: Total Estimated Construction Costs - Master Plan, $7,735,000.00; Schematic Design, $8,919,750.00. Mr. Anderson stated that the design development figure of $11,566,234.00 is a new number, which is an increase over the previously approved schematic design construction costs. Mr. Anderson discussed the increases in the Design Development for the Round Courthouse, which now reflected an amount of $4,149,410.00, and the increase in Other Construction Costs, which now reflected an amount of $1,869,996.00, and includes $750,000.00 for the Central Plant. It was also noted that there was an estimated amount of $700,000.00 for Fixtures, Furniture and Equipment, and $1,185,000.00 for the Total of Other Costs and Expenses. The Total Estimated Project Costs amounted to $13,451,234.00.
Mr. Anderson discussed the explanation presented in the backup material of the construction cost increases, which reflected that
the Round Building needed a replacement of almost the entire mechanical system, and extensive revisions and new work to the electrical systems. It was also noted that, after extensive review with code officials, the building required an extensive smoke evacuation system for the atrium. Mr. Anderson proceeded to discuss the Central Plant, with information being provided that, after an extensive comparative study, it had been proven that the installation of a new chiller at the Central Energy Plant in the Correctional Center would be less costly than developing a central plant just for the three buildings involved in this project and would provide significantly more energy savings.
Mr. Terry Short, Odell and Associates, appeared before the Board and discussed the study that was done, in relation to the central plant, and stated that it would have cost approximately $150,000.00 more to have two separate facilities.
Discussion occurred regarding the estimation of engineering and architectural costs, with Mr. Anderson explaining the process used for establishing those costs, which are not estimated up front.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Construction and Project Budget for the Renovation Project, as stated above by Mr. Anderson, and to encumber the necessary funds.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Pete Wahl, County Manager, stated that, in addition to the Board needing to appoint a County Commissioner to the Selection Committee for the Renovation General Contract Bid Pacakge, he was recommending that Mr. Jack Jones be appointed as the additional optional member, and Mr. Frank Gaylord, County Attorney, and Ms. Kelly Soucy, Purchasing Manager, be authorized to attend to represent the County Attorney's Office and the Purchasing Office.
Commr. Hanson stated that, if the Board members had no objection, she would like to sit on this committee.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the following members to the Selection Committee for the Renovation General Contractor Bid Package:
Voting Members
County Commissioner Catherine C. Hanson
County Manager Pete Wahl
Director of Facilities & Cap. Imprv. Mike Anderson
County Engineer Don Griffey
Member (Optional) Jack Jones
Non-Voting Members
County Attorney Frank T. Gaylord
Purchasing Department Kelly Soucy
CONTRACTS, LEASES & AGREEMENTS/COUNTY BUILDINGS & GROUNDS
MUNICIPALITIES
Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve and execute the 1993-1994 Lease Agreement between Lake County and James L. Meadows Relating to Store Number 1209 Located at Sunnyside Plaza, Clermont, Florida.
Under discussion, Commr. Swartz stated that, as discussed through the budget session, he would like to see discussions with the Cities of Clermont, Groveland, and Mascotte, who have indicated some willingness, at different levels, to work with the County to keep the facility in Clermont, by providing either some in-kind housing, or some other costs, and for the Board not to wait until the end of the budget session next year and have the same questions regarding this issue.
Commr. Bailey stated that he would like to work with Mr. Pete Wahl, County Manager, and any others on this issue.
The Chairman called for a vote on the motion, which was carried unanimously.
PLANNING AND DEVELOPMENT/RESOLUTIONS
Mr. Mark Knight, Chief Planner, Planning Division, addressed the Board and stated that, in August, 1993, the County adopted amendments to the Housing Assistance Plan for the Affordable Housing Assistance Program. The Affordable Housing Finance Agency (AHFA) had reviewed the Lake County Local Housing Assistance Plan Amendment, and had submitted the following comments, which Mr. Knight reviewed with the Board. Included in the following are the amendments made by staff in response to the AHFA comments:
1. Page six, the first paragraph, indicates SHIP funds
may be issued from financial institutions or not-for-
profit corporations in the form of a loan to provide
affordable housing for eligible SHIP recipients.
Please incorporate language in this paragraph that
the portion of SHIP funds utilized as part of the loan
from a for-profit or not-for-profit organization must
be returned to the Local Housing Assistance Trust Funds.
Delete: issued using SHIP funds
Add: whose required down payments are partially
or completely funded with grants of SHIP
funds
2. Page six, the second paragraph, states that recipients
of the SHIP Program must have been a resident of the
county for at least one year.
Although the language was previously approved by the
Review Committee, it was done so as an oversight.
The one year residency requirement is considered
discrimination and the time requirement should be
removed from the Plan.
Delete: Ship Program funding assistance shall be
awarded to citizens within Lake County that
have been residence of Lake County for a
minimum of one year prior to the date of
application.
Add: Assisted homes shall be located in Lake
County and shall serve as the primary
residence of program beneficiaries.
3. Page 9 of the Plan reflects SHIP funds may be used as
an infrastructure expenditure.
Although this strategy was previously approved by the
Review Committee, please clarify this narrative. Does
infrastructure refer to a project development. If the
answer is yes, SHIP funds may not be used as an
infrastructure expenditure unless all houses in the
development are affordable for the very-low. low-, and
moderate-income and construction begins within one year
from the time of closing.
Add: NOTES: SHIP funds shall not be used for the
infrastructure expenses of a project comprising
two or more dwelling units unless all of that
project's dwelling units are affordable to very-
low, low-, or moderate-income persons and the
construction of that project begins within one
year from the time of closing.
4. Pages 18 and 19 of the selection criteria reflects some
of the applicants will be selected based on need.
Please define what is considered as need.
Page 11 - Add: NOTES: Within a given selection
criterion, applications are ranked according
to the standing of a household's income relative
to the income limit of the applicable income
bracket for a household of the same size. The
standing of a household's income equals the
percentage of the income limit for the applicable
income bracket adjusted for the examined house-
hold's size that the household's gross annual
income represents. This percentage is determined
by the division operation where the dividend is
the gross annual income for an application minus
deductions allowable under 9I-37.002 (2), F.A.C.;
and where the divisor is the income limit for the
applicable income bracket adjusted for the house-
hold size of the application. The lower the
percentage the higher rank for the application;
the higher the percentage the lower the rank.
Mr. Knight stated that the ordinance that adopts the Housing Assistance Plan has language about the one year residency requirement, and direction to proceed forth to amend the ordinance to clarify the language, as well.
It was clarified that all of the amendments have been approved by the Affordable Housing Committee, with a recommendation to move forward.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the execution of the Resolution amending the Lake County Housing Assistance Plan, as indicated above.
PUBLIC SERVICES
Ms. Lori Webb-Paris, Engineer III, appeared before the Board to discuss the request to participate in the National Flood Insurance Program's (NFIP) Community Rating System (CRS).
Mr. Pete Wahl, County Manager, informed the Board that there will be a series of naturally occurring events that Public Services will be involved in, as the County moves forward into stormwater management, etc., and these will have a positive impact on the community rating system and will probably result in a further reduction in the flood insurance premiums.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to participate in the National Flood Insurance Program's (NFIP) Community Rating System (CRS) and authorized the Chairman to sign the cover letter accompanying the application package to the Federal Emergency Management Agency (FEMA).
APPOINTMENTS-RESIGNATIONS/COMMITTEES/COUNTY ATTORNEY
The following appointments were recommended by the Commissioners for the County Attorney Selection Review Committee:
Commr. Gerber Bob Williams
Commr. Bailey George Hovis
Commr. Cadwell Michael Hatfield
Commr. Swartz Sanford Minkoff
Commr. Hanson Buddy Aulls
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the above nominations by the Board members, Sheriff George E. Knupp as the Constitutional Officer, and Mr. Wayne Saunders, President, or designee, of the Lake County League of Cities, to the County Attorney Selection Review Committee.
COMMISSIONERS/COUNTY POLICY
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the BCC policy for awarding outgoing members of Boards/Committees (LCC-15), and the BCC policy for including public appearances on the agenda (LCC-16).
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the ratification of financial items which needed to be paid prior to the Board Meeting.
ADDENDUM NO. 1 - COUNTY MANAGER'S CONSENT AGENDA
ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Final Plat of The Deer Island Club and Acceptance of a Performance Bond, in the amount of $5,570,485.91, subject to the County Attorney's Review and Approval. (26 lots in Commission District 3)
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COUNTY PROPERTY
Mr. Pete Wahl, County Manager, informed the Board that the County has reached an agreement with the property owner adjacent to the Astatula Landfill. He stated that staff needs permission to go forward with the approval of the contracts, for the Eckerson property and the Lake Idamere property. Mr. Wahl stated that the Lake Idamere project will be brought to the Board next week. He stated that there will be some amendment and adjustment to the amount identified on the agenda, and it will be less than the appraised amount of the property.
Mr. Frank T. Gaylord, Interim County Attorney, requested that the Board authorize a friendly condemnation of these two properties, for the purpose of providing income tax benefits that can be valuable negotiating tools in the process.
Discussion occurred regarding the two appraisals and staff negotiating a price that will be consistent with, or at, or lower than, the appraisal value.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize staff to complete negotiations on the Eckerson property, at a price that is consistent with the appraisals, and with State Statute.
REPORTS
COUNTY ATTORNEY
PLANNING AND DEVELOPMENT
Mr. Frank T. Gaylord, Interim County Attorney, directed the Board's attention to his proposal to revise the procedure for plat approval. Mr. Gaylord stated that a developer could have a plat approved, and the plat could be continued from time to time. The State Statute provides that there must be a title examination metric with that plat. The title examination would have to be continued multiple times to deal with the continuances. The suggested new procedure provides that a plat would be approved subject to the furnishing of the title examination. The title examination would only have to take place one time rather than multiple times.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the revised procedure for plat approval, as stated above by Mr. Gaylord, Interim County Attorney.
PLANNING AND DEVELOPMENT
Mr. Frank T. Gaylord, Interim County Attorney, stated that staff has been reviewing the lot split procedures, and that it would be helpful if a workshop could be scheduled with the Board to determine the direction that the Board wants to take to make the procedures consistent. He stated that he would like the workshop scheduled as soon as possible.
Commr. Swartz questioned whether Mr. Gaylord was referring to the same items that the Board discussed previously and gave direction to staff to use, until such time the Board could formerly act to memorialize them in the Land Development Regulations (LDRs).
Mr. Gaylord stated that some of the items are the same, but there will be a memorandum coming from staff dealing with other issues, for example an original lot. He stated that there is really no definition except by the definition given by a legal opinion. Mr. Gaylord stated that it is his feeling that this is a policy issue, and not a legal opinion, because there is no legal definition of what an original lot is, and the Board needs to make that determination.
Mr. Gaylord stated that another item would be the family lot split, which the Board did give direction on in a set of minutes, but these were never codified and placed into the LDRs. He discussed the transfer of property to a family member, which is another issue that needs to be addressed by the Board.
Commr. Swartz stated that this issue was brought to the Board, so that, in the interim of codifying the recent amendment to lot splits in the Land Development Regulations (LDRs), the Board could give some direction as to how to implement the policies that were in the Comprehensive Plan that allowed for a family split, but do not go into detail. He stated that he assumed that the County was following this procedure, until such time there was some codification that was different, or more expansive.
Mr. Pete Wahl, County Manager, stated that staff is dealing with the items and being consistent with the direction that was given by the Board on issues that arise that have already been addressed by the Board. He stated that there has been significant additional questions that have been raised, as a result of some of the answers that have been given by staff, and need to be brought back to the Board for clarification, or direction.
It was noted that staff does not anticipate delaying any requests for lot splits that are currently being submitted, because of the question being brought forth by staff at this time.
Commr. Swartz stated that any of the lots splits issued will be consistent with the previous discussions and requirements that the Board had indicated subsequent to codification.
Mr. Gaylord stated that the information to be discussed should be presented to the Board members within two weeks, and if there are additional items to be addressed, he requested that they be submitted and placed on the list.
PLANNING AND DEVELOPMENT/COUNTY POLICY
Mr. Frank T. Gaylord, Interim County Attorney, discussed the question of whether the rules and regulations for the placement of fences are being enforced, and recommended that staff continue to site and notify violators of the fence provisions in the ordinances, however, suggested that they be given a warning, and for this issue to be brought up at a later date.
COUNTY EMPLOYEES/PLANNING AND DEVELOPMENT
Mr. Pete Wahl, County Manager, introduced to the Board members Mr. Paul Bergmann, Senior Planning Director.
COUNTY MANAGER
Mr. Pete Wahl, County Manager, reminded the Board of the scheduled Christmas parades, and encouraged the Board members to participate.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to forward the names of Ms. Carol Smith-Clendinen, Ms. Joan Brown and Ms. Donna Miller to the Governor for consideration for the appointment to the Citizens' Commission for Children, to replace Mr. George Russ.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Ms. Charlotte Lehner to fulfill the unexpired term of a District 3 seat on the Planning and Zoning Commission. This term expires February 28, 1995.
COMMISSIONERS
Commr. Hanson informed the Board that she had given each of members a list of committees, which the members serve on, and asked that the list be reviewed. It was noted that this issue would be discussed at the next meeting.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:53 a.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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