The Lake County Board of County Commissioners met in regular session on Tuesday, February 15, 1994, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Timothy Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.
Commr. Welton Cadwell gave the Invocation and led the Pledge of Allegiance.
MINUTES
Regarding the Minutes of January 4, 1994 (Regular Meeting),
the following change was requested:
Page 13, Line 24 - delete "looks at" and insert approves.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 4, 1994, (Regular Meeting), as amended.
Regarding the Minutes of January 18, 1994 (Regular Meeting), clarification was made to the misspelling of a word, and the following changes were requested:
Page 7, Line 8 - delete "addressed" and insert exempted.
Page 21, Line 12 - insert public meeting.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of January 18, 1994 (Regular Meeting), as amended.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of January 18, 1994 (Special Meeting), as presented.
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/Courts-Judges
Request for approval of Satisfaction of Judgment for Oberlee Robinson, Case No. 87-49CFA, in the amount of $250.00, and authorized proper signature on same.
Contracts, Leases & Agreements/Resolutions
Request for approval of the Certified Resolution for Depository Authorization and Indemnity Agreement; and authorized proper signature on same.
Bonds-Contractor
Request for approval of the following Contractor Bonds:
New
165-94 Harvey L. Spears dba Harvey L. Spears Construction, Inc. (General)
1422-94 Elmer R. Bolling (Roofing)
1483-94 Henry Construction (Aluminum)
1817-94 Ronald E. Latow dba Latow's Plumbing, Inc.
4637-94 John T. Duncan dba Freeman Electric Company
5040-93 Richard E. Woods dba Mid-Sun Plumbing, Inc.
5040-94 Richard E. Woods dba Mid-Sun Plumbing, Inc.
5055-94 Gerald S. Smith - Steve's Electric, Inc.
5169-94 Electro Design, Inc. (Electrical)
5274-94 James Lee Thompson (Plumbing)
5275-94 Robert Dollard (Electrical)
5276-94 Gary Jaworski (Electrical)
5277-95 Michael Randell Martin dba Florida Spa & Golf Cart
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.
Municipalities/Ordinances
Request to acknowledge receipt of City of Tavares annexation Ordinance Number 93-36, adopted at the January 5, 1994 City Commission meeting.
Request to acknowledge receipt of City of Leesburg annexation Ordinance No. 94-0, adopted at the January 10, 1994 City Commission meeting.
Municipalities/Ordinances
Request to acknowledge receipt of City of Lady Lake Ordinances as follows:
Ordinance Number 93-12, adopted by the Town of Lady Lake Commission on September 20, 1993, creating a Village Center Community Development District Service Area.
Ordinance Number 93-13, adopted by the Town of Lady Lake Commission on November 1, 1993, redesignating zoning classification for property owned by Leo P. & Nancy P. Steinmetz.
Ordinance Number 93-14, adopted by the Town of Lady Lake Commission on December 20, 1993, annexing certain contiguous property upon voluntary application by The Villages of Lake-Sumter, Inc.
Ordinance Number 93-15, adopted by the Town of Lady Lake Commission on December 20, 1993, amending Section 7.76 of the Town of Lady Lake Code of Ordinances pertaining to tents.
Ordinance Number 93-16, adopted by the Town of Lady Lake Commission on December 20, 1993, providing for cable television rate regulation consistent with Federal Communications Commission requirements.
Utilities/State Agencies
Request to acknowledge receipt of notice from Southern States Utilities, in regard to application for Transfer of Water and Wastewater Facilities from Lake Utilities, Ltd. (Valencia Terrace-Lake County) to Southern States Utilities, Inc. Objection to the application must be made in writing within thirty (30) days from the date of this notice to the Division of Records and Reporting, Florida Public Service Commission, Tallahassee, Florida.
ACCOUNTS ALLOWED/PUBLIC SERVICES
Mr. Robert Q. Williams, representing the Lake Soccer Association, appeared before the Board to present a request for capital improvement assistance in construction of the Hickory Point Soccer Complex at Hickory Point. Mr. Williams introduced the following Lake Soccer Association Board members that were present in the audience, as follows: Mr. Jay Boyd, Mr. Ron Atwell, Mr. Collen York, Mr. Burton Rowell, Mr. Chris Meade, Mr. Chet Ross, and Mr. Ron Mauriell.
Mr. Williams presented a brief history of the origin of soccer in Lake County. He stated that the Lake Soccer Association currently has approximately three hundred (300) members, which has yielded twelve teams that travel through out the state. He explained that they are proposing construction of a multi-field project at the Hickory Point site, and the Water Authority has agreed to enter into a long term lease allowing the Lake Soccer Association to develop a soccer complex on the Hickory Point site. Lake Soccer Association has been awarded a twenty thousand dollar ($20,000.00) grant this year from the County to commence construction of the soccer complex, and is now requesting a multi-year funding commitment from the County to fund the complex at a minimum level of $20,000.00 per year for the next four (4) years. The multi-year funding commitment will enable the Association to obtain funding from one or more institutional lenders to complete a substantial portion of the proposed complex at the outset. He explained that the timing of said request was critical due to the necessity of getting the fields in place immediately after the threat of frost in order to make the season for the fall leagues of 1994.
Mr. Williams explained that the lease agreement with the Lake County Water Authority had been signed, and envisions a three party agreement between the Water Authority, Lake County and Lake Soccer Association. The Water Authority has control over the placement of the fields, and the design of the soccer complex.
Commr. Bailey expressed his support of a soccer complex at Hickory Point, however, noted that he has envisioned the possibility of the County creating recreational facilities, such as a Little League complex, at Lake County Central Park.
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board and stated that the Parks and Recreation Advisory Board has expressed concern with the funding of the large soccer complex project and that, if it was the intent of the Board to fund larger projects under the Parks & Recreation Capital Improvements Program, it would be beneficial to provide the Advisory Board with additional funding. He noted that the Advisory Board has commenced with the application process for the Capital Improvements Program for this year and have received twenty-five project requests.
Commr. Bailey stated that the soccer complex could be used for regional and state events that would attract economic benefits to the County. He suggested that the Board not only support this request but identify other areas to promote youth activities such as the Lake County Central Park.
Ms. Debbie Stivender, Vice Chairman, Parks and Recreation Advisory Board, appeared before the Board and stated that the Advisory Board has approved the concept of the multi-year funding program for the Hickory Point Soccer Complex as long as it did not take away from the existing five (5) year program. She expressed concern that this type of funding would set a precedent. She explained that, at the onset, there were $1,000,000.00 in projects submitted county-wide, which were divided into $200,000.00 per year for five (5) years. She discussed the guidelines for disbursement of said monies, and explained that the Advisory Board gives consideration to projects that assist the entire County and are ready to commence construction.
Mr. Tony Otte, City of Tavares, appeared before the Board and suggested that the Board provide a special window for multi-year proposals, if the Board approves the request from the Lake Soccer Association.
Mr. Colin York, Leesburg Soccer Association, appeared before the Board and briefly discussed the positive impact that the Lake Soccer Association has made on the youth in Lake County, and noted the success of several young people that have received full college scholarships as a result of their experience with the Association. Commr. Swartz discussed the Parks and Recreation Advisory Board's approach in dealing with recreation issues for Lake County citizens, and the need for the County to consider larger long range projects in cooperation with the cities. He stated that he would support presenting a request to the Tourist Development Council (TDC) for consideration of multi-year funding for this project as an appropriate method to help recreational facilities, and to provide for an increase in tourism and economic development in Lake County.
Commr. Hanson expressed support of the soccer complex project, and of a multi purpose complex at the Lake County Central Park property, to bring sports events to Lake County. She suggested that the Board express their support of the concept of the Hickory Point Soccer Complex and determine a funding source at a later time.
Commr. Cadwell noted that the Board currently was supporting this project through the $20,000.00 that has been awarded through the Parks and Recreation Capital Improvements Program, and would support the request for additional funding if other avenues are established for long range projects. He explained that he would not support taking the additional funding out of the $200,000.00 that has been dedicated to the Capital Improvements Program.
It was clarified that the $20,000.00 that has been committed for this project this year was a one year commitment.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, for authorization for the Chairman to place on the Tourist Development Council's February 23, 1994 agenda a request from the Board for the TDC to consider multi-year funding of the Hickory Point Soccer Complex as an appropriate tourist development related activity; and for the TDC to bring back a recommendation to the Board on March 1, 1994.
Commr. Bailey expressed support of this request and suggested the use of infrastructure sales tax funds or tourism tax funds as possible funding sources for the soccer complex; however, noted the importance of demonstrating that the project would provide tourism to the hotel/motel and tourist related industries, and would qualify as an appropriate funding source. He further expressed the importance of justifying that the facility was to be used as a regional facility, and requested that consideration be given to other large projects.
Commr. Swartz suggested that the Board request that the Parks and Recreation Advisory Board consider a combination of short term and long term projects; and present to the Board funding requirements necessary to accomplish the goals and priorities established by the Advisory Board.
Mr. Pula informed the Board that the Attorney General of the State of Florida has ruled that tourist development funds cannot be used for parks and recreation. He encouraged the Board to support a bill that has been filed in the Florida Legislature to request that tourist development monies be used for parks and recreation. The Chairman called for a vote on the motion, which carried unanimously.
PUBLIC HEARINGS
SUITS AFFECTING THE COUNTY/INSURANCE
Mr. Tim Hoban, Senior Assistant County Attorney, presented this request. Mr. Wayne Hamilton, Risk Management, and Mr. Jim Stivender, Jr., Director of Public Services, were present to address questions in regard to this issue.
At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the Settlement Agreement in the case of Harrison v. Lake County and Katie Mae Loeding, in the amount of $9,811.00, plus the mediator's fee.
SUITS AFFECTING THE COUNTY/INSURANCE
Mr. Pete Wahl, County Manager, presented this request.
At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Settlement Agreement in the case of Williams v. Lake County, in the amount of $6,000.00.
ORDINANCES
Mr. Kirk Warren, Assistant County Attorney, appeared before the Board and reviewed changes that had been incorporated into the latest draft of the Ordinance Prohibiting Unreasonably Loud, Disturbing and Unnecessary Noises, dated February 14, 1994. He explained that said draft deletes the last segment of the first sentence in Section 6. and changes the title from "Specific Prohibitions" to Prohibitions. The section titled "Knowledge and Permission of Property Owner or Occupant" now follows Section 5. Prohibitions. He explained that language in Section 9. Enforcement requires that an individual, prior to an arrest, be previously warned by a Deputy Sheriff that his actions or omission of actions constitutes conduct in violation of the Noise Ordinance.
At this time, the Chairman called for public comment.
Mr. Herman Thornburg, a local resident, appeared before the Board to discuss the need for late night noises, specifically "boom boxes", to be addressed in the Noise Ordinance. He suggested that said ordinance address what was considered "reasonable" and not address specific exemptions.
Mr. Don Braksick, a local resident, appeared before the Board in support of the Noise Ordinance and encourage the Board to provide the necessary manpower, training and tools for enforcement of said ordinance.
Commr. Bailey explained that Sheriff Knupp has assured the Board that the Sheriff's Department can enforce the Noise Ordinance without additional manpower.
Commr. Cadwell stated that he does not support the Noise Ordinance, and expressed his concern that said ordinance would subject the enforcement officer and the County to a great liability.
Commr. Gerber made a motion, which was seconded by Commr. Swartz, to approved Ordinance No. 1994-3, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROHIBITING UNREASONABLY LOUD, DISTURBING AND UNNECESSARY NOISES; PROVIDING A TITLE; PROVIDING FOR INTENT, AUTHORITY AND SCOPE; PROVIDING FOR A DEFINITION; PROVIDING FOR PROHIBITIONS; PROVIDING FOR KNOWLEDGE AND PERMISSION OF PROPERTY OWNER OR OCCUPANT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR LIBERAL, NON-CONFLICTING CONSTRUCTION; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Commr. Swartz explained that the Noise Ordinance would provide authorization for the Sheriff of Lake County and the enforcement officer to investigate, and warn any person in violation of said ordinance. He noted that the Board can readdress the ordinance if it appears that the issues are not being adequately addressed.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote. Commr. Cadwell voted "No".
PLANNING DEPARTMENT/ZONING
Mr. Pete Wahl, County Manager, stated that, on September 28, 1993, the Board deferred action to approve Petition No. 53-93-3, Oklawaha Trust (Dorothy Shipes et al), a request for rezoning from A (Agricultural) to R-1 (Rural Residential) and AR (Agricultural Residential) until a determination of the County-initiated Small Scale Land Use Plan Amendment had been received from the Department of Community Affairs.
At this time, the Deputy Clerk administered the oath to Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services. Mr. Stubbs explained that the applicant has amended the application to request that the two (2) acre parcel be rezoned to R-1 (Rural Residential), along with the three (3) acre parcel, for the purpose of creating one acre tracts.
At this time, the Chairman called for public comment. There being no one present in the audience wishing to discuss this request with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Petition No. 53-93-3, Oklawaha Trust (Dorothy Shipes et al), a request for rezoning from A (Agricultural) to R-1 (Rural Residential), as consistent with the Land Use Plan in a Rural Village.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, noted that Tab 6 should indicate an amount of $38,634.00, and requested that the following deeds be withdrawn from Tab 31:
Lindel Howell & Constance J. Howell - Cross-Access Easement off S.R. 46
L.F. Mixon & Eleanor Lee Mixon - Whitney Road (#1-4603)
Farley's SRP, Inc. - C-561 (Astatula Area)
County Land Corporation - Lake Erie Road (#2-0613)
Holly J. Potter - Sloan's Ridge Road (#2-1503)
Clarence B. Lingle & Othella M. Lingle - Griffin Avenue (#5-7807
Amantha B. Musselwhite, Trustee - C-448
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of the withdrawn deeds from Tab 31:
The motion carried by a 4 - 0 vote. Commr. Swartz was not present for the discussion or vote.
Accounts Allowed/Ambulances-Hospital Districts
Request for approval to pay the monthly Medicaid hospital bill, in the amount of $24,122.34; and the Medicaid nursing home bill, in the amount of $38,634.00, for the month of December.
Contracts, Leases, & Agreements/State Agencies
Request to accept and approve the first amendment to the contract between the Department of HRS CPHU and the Lake County Board of County Commissioners.
Accounts Allowed/Grants
Request for approval and signature on the Grant Funding Contract between Lake County and Mid-Florida Community Services, Inc. relating to Transportation Services for Senior Citizens.
Accounts Allowed/Contracts, Leases & Agreements
County Buildings
Request for approval and execution of Change Order No. 1, in the amount of $15,000.00, to the existing Contract Agreement with Superior Janitorial Services Corporation to include carpet cleaning.
Contracts, Leases & Agreements/Municipalities/Fire Protection
Request for approval of Interlocal Agreement between Lake County and the Town of Montverde Relating to Provision of First Responder Rescue Services to the Town of Montverde by Lake County Fire/Rescue.
Contracts, Leases & Agreements/Municipalities/Fire Protection
Request for approval of Interlocal Agreement between Lake County and the City of Tavares relating to fire hydrant installation and usage at a cost in the amount of $6,100.00.
Contracts, Leases & Agreements/Fire Protection
Request for approval of Training Partnership Agreement between Lake County Board of County Commissions and Vo-Tech Center for Fire/Rescue Training.
Accounts Allowed/Insurance/Suits Affecting the County
Request for approval of settlement of Worker's Compensation Claim in the case of Nettie Bryant v. Lake County Board of County Commissioners, in the amount of $30,590.96, which will close the claim.
Accounts Allowed/Insurance/Suits Affecting the County
Request for approval of settlement of Worker's Compensation Claim in the case of J. Randall Wilson v. Lake County Board of County Commissioners, in the amount of $12,250.00, which will close the claim, including future medical payments and attorney fees.
Insurance/County Property
Request for authorization for the Chairman to sign Title No. 46273880, County Property No. 11,191, 1988 Chevrolet SW, transferring title and vehicle to State Farm Insurance.
Deeds/Road Projects/Rights-of-Way, Roads & Easements
Request for approval to accept the following deeds:
Non-Exclusive Easement Deeds:
Ronald L. Gordon and Susan D. Gordon - Maggie Jones Road (#5-8190).
Robert J. Hester, III, Trustee - D'Arcy Road, Commissioner District 5.
Mary B. Eddy, Trustee - Hartwood Marsh Road (#2-0854), Commissioner District 2.
Accounts Allowed/Roads-County & State/Subdivisions
Request to release an Irrevocable Letter of Credit; and accept a replacement Irrevocable Letter of Credit, in the amount of $13,200.00, for performance of driveways for Lake Yale Cove.
Accounts Allowed/Roads-County & State/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $17,000.00, for Wedgewood Club, Fifth Addition.
Accounts Allowed/Bonds/Subdivisions
Request to release a maintenance bond, in the amount of $6,191.00, for Lake Ella Manor.
Accounts Allowed/Bonds/Subdivisions
Request for release of escrow, in the amount of $5,007.30, in lieu of maintenance bond for Ashley Subdivision.
Accounts Allowed/Subdivisions
Request for approval of final plat of the Plantation at Leesburg, Glen Eagle Village; and acceptance of a conservation easement; subject to final review and approval by the Interim County Attorney.
Accounts Allowed/Contracts, Leases & Agreements
Request for the Chairman to execute an Interlocal Agreement between Lake County and the City of Umatilla, relating to contribution of Infrastructure Sales Tax Funds for Recreational Programs, in the amount of $40,000.00, which was previously approved by the Board.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Road Projects
Request for approval of Interlocal Agreement between Lake County and the City of Mount Dora Relating to the Eudora Road Drainage Project, for the installation and maintenance of drainage improvements on Eudora Road (44C); and to encumber and expend funds, per City of Mount Dora Bid B311006, to H.C. Connell, in the amount of $49,626.00.
Accounts Allowed/Bids/Road Projects
Request for authorization to advertise for bids for Project No. 8-94, Widening and Resurfacing C-448, in Lake Jem, at an estimated cost of $425,000.00 from the Transportation Trust Fund. Commissioner District 3.
Request for authorization to advertise for bids for Project No. 10-94, Emeralda Island Road in Lisbon, "Part" Resurfacing and Pipe Work, at an estimated cost of $122,000.00 from the Transportation Trust Fund. Commissioner District 5.
Committees/Road Projects
Request for approval of selection and negotiation committee for Project 19-93, North-South Bypass, as follows:
Selection Committee:
Welton Cadwell, District 5 Commissioner
Pete Wahl, County Manager
Jim Stivender, Jr., Senior Director, Public Services
Don Griffey, Engineering Director (Project Manager)
Rex Taylor, Leesburg City Manager (or Designee)
Bob Proctor, Fruitland Park City Manager (or Designee)
Bob McKee, Lady Lake City Manager (or Designee)
Fred Birnie, District Environmental Management Engineer, FDOT
Negotiation Committee:
Jim Stivender, Jr., Senior Director, Public Services
Don Griffey, Engineering Director (Project Manager)
Rex Taylor, Leesburg City Manager (or Designee)
Bob Proctor, Fruitland Park City Manager (or Designee)
Bob McKee, Lady Lake City Manager (or Designee)
Fred Birnie, District Environmental Management Engineer, FDOT
Committees/Road Projects
Request for approval of selection committee for RPS-5-4-01, countywide consulting services for miscellaneous engineering, environmental and surveying services, as follows:
Selection Committee:
Catherine C. Hanson, Commission Chairman
Pete Wahl, County Manager
Jim Stivender, Jr., Senior Director, Public Services
Don Griffey, Engineering Director (Project Manager)
Ron Roche, Solid & Hazardous Waste Director
Jim Barker, Environmental Management Director
Bids/Road Projects
Request for approval to advertise Road Vacation Petition No. 750 by Bill Higgenbotham to vacate road (Lakeside Drive), Sun Eden Subdivision, Yalaha area. Commissioner District 3.
Request for approval to advertise Road Vacation Petition No. 751 by Dorothy Shipes to vacate easement, Lake Jem area. Commissioner District 3.
Request for approval to advertise Road Vacation Petition No. 752 by Ron Bischoff, Vice President, Selectlands, Inc. to vacate roads and lot, Woodhaven Subdivision, Lane Park area. Commissioner District 3.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following deeds:
Non-Exclusive Easement Deeds:
Ronnie A. Cothron & Debora A. Cothron - Donovan Lane (#5-6649)
Stephen Davis - Sandy Lane & Williams Woods Road LOR 93L-218
Statutory Warranty Deeds:
Preston Land Partners - Hull Road (#2-0942)
Mary B. Eddy, Trustee - Hartwood Marsh Road (#2-0854)
Barbara Ryder & Michael Whitley - Em-En-El Grove Road (#5-8037)
Dulari Jensen Smith - Griffin Avenue (#5-7807) & Gray's Airport Road (#5-7310)
Bischoff Farms, Inc. - Bloomfield Avenue (#3-3026)
David C. Benzel & Cynthia D. Benzel - Lake Emma Road (#2-2119)
Trustee of the Lakewood Wesleyan Church - Tomato Hill Road (#1-4521) & Sunnyside Drive (#1-4122)
William C. Hawkins & Kay Hawkins - Lake Yale Circle (#5-7043)
Lindel Howell & Constance J. Howell - S.R. 46
Roland S. Williams & Janet C. Williams - Lake Burns Road (#5-7575)
HeHa Investments, a general partnership - C.R. 448 at Lake Jem
Deeds/Roads-County & State
Request for approval of the following recommendation on the release of Murphy Act State Road Reservation:
Deed: 1251
Applicant: George W. Brown, Jr. & Kimberly A. Brown, his wife.
Location: Astatula Area
Recommendation: Reserve 33 feet from centerline of Robbins Road and reserve 33 feet from centerline of Ranch Road (#2-2854).
Accounts Allowed/Bids/Budgets
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; approved and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposals and Professional Services.
DIVISION AMOUNT
1) SOLID WASTE $ 16,000.00
Authorization to seek Bids and award to the low, most responsive bidder for one each 25 foot utility trailer triaxle.
C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
1) PUBLIC SERVICES $ 11,542.25
Jim Moellentine, DBA Snap on Tools/ Authorization to award and issue a Purchase Order for Bid # B-2-4-38, one each Digital Oscilloscope which will perform computerized diagnostic testing on County vehicles. Only one bid was submitted due to the fact that Fleet Maintenance requested that the Oscilloscope be compatible with the County's existing snap on tool equipment. There is only one authorized snap on tool distributor in Lake County. This price is considered fair and reasonable.
2) FIRE & EMERGENCY SERVICES $ 5,000.00
Authorization to award and issue Purchase Orders within budgeted funds for Bid #B-3-4-34, Uniforms. Six vendors responded. The award recommendation and request for rejection per Fire and Emergency Services is as follows:
1. Fire Rescue Shirts - Award to low bid, Martin Uniforms at $16.75 each.
2. Fire Rescue Work Trousers - Award to fifth low and most responsive bid, Martin's Uniforms at $19.95 each. It is requested that the Board reject the following bids:
First low bid, National Uniform at $12.00 each
Second low bid, Harrison Uniform at $15.50 each
Fourth low bid, Ferran's, Inc. at $19.00 each
These three vendors did not meet the bid specifications requiring a Rocap Constructed waistband.
Third low bid, Kay's Uniform at $18.96.
They did not submit samples as required in the bid specifications.
3. Fire Rescue Dress Pants - Award to fourth low and most responsive bid, R & R Uniforms at $31.80 each. It is requested the Board reject the following bids:
First low bid, Kay's Uniforms at $21.50 each.
They did not submit samples as required in the bid specifications.
Second low bid, Martin's Uniforms at $27.00 each
Third low bid, National Uniforms at $27.00 each.
These two vendors did not meet the bid specifications which require a 2 1/2" snug tex waistband, interlined with Ban-Rol.
4. Animal Control Shirts - Award to second low and most responsive bid, Martin's Uniforms at $20.00 each. It is requested that the Board reject the low bid, Kay's Uniforms at $18.69 each. They did not submit samples as required in the bid specifications.
5. Animal Control Pants - Reject all bids and purchase the pants that were specified for Fire Rescue Work Trousers. It has been determined that these trousers will meet their needs and costs less than the Animal Control Pants that were specified.
Vendors were required to submit samples of uniforms to insure that bid specifications were met. The award recommendations are to the lowest bid which meets all bid specifications.
Accounts Allowed/Contracts, Leases & Agreements
Tourist Development Council
Request for approval and execution of twelve (12) month agreement for rental of three (3) billboards on Florida Turnpike; and to encumber and expend funds in the amount of $10,098.00.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Debbie Stivender, representing the Tavares High School Athletic Boosters Club, appeared before the Board to express appreciation to Commr. Swartz, Commr. Cadwell, and Mr. Pete Wahl, County Manager, for their participation in the Tavares High School Basketball game, which resulted in $677.00 being raised for the Athletic Boosters.
RECESS AND REASSEMBLY
At 10:30 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:40 p.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY POLICIES/BUDGETS
Mr. Pete Wahl, County Manager, explained that the policy establishing a process for obligating excess Cash Balance Forward at year end close out requires that funds in Cash Balance Forward from the prior fiscal year be placed in a special reserve account.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the policy establishing a special reserve account for excess Cash Balance Forward.
The motion carried by a 4 - 0 vote. Commr. Cadwell was not present for the discussion or vote.
ACCOUNTS ALLOWED/JAILS/MENTAL HEALTH
Mr. Pete Wahl, County Manager, presented the recommendation for an agreement with LifeStream Behavioral Center to provide psychiatric and support services to the inmates of the Lake County Jail, in the amount of $30,000 annually, and noted that said dollars would be paid from the medical costs that were budgeted for the jail.
Commr. Cadwell declared that he was on the Board of Directors of LifeStream Behavioral Center; however, stated that the County Attorney has indicated that there would not be a conflict of interest.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for approval and signature on the contract between Lake County and LifeStream Behavioral Center to provide psychiatric services to inmates of the Lake County Jail in the amount of $30,000.00.
MEETINGS/COMMISSIONERS
Mr. Pete Wahl, County Manager, presented this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the dates of April 19, 1994 and May 3, 1994 as 1994 Student Government Days.
COMMISSIONERS
Mr. Pete Wahl, County Manager, stated that the NACO Achievement Award Program annually honors county government officials and staff for their ability to develop effective solutions to the problems facing county government, and this request was for approval to submit applications from E-911 and from Affordable Housing, at a cost of $75.00 per application.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization for the Chairman to sign applications for the 1994 NACO Achievement Award Program honoring county government officials and staff, at a cost of $75.00 per application.
ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS/GRANTS
Mr. Pete Wahl, County Attorney, presented this request.
Commr. Swartz requested clarification on the mileage rates indicated in Exhibit B of the contract between Lake County and Florida Regional Emergency Services, Inc. He explained that it was his understanding that Florida Regional would provide ambulance and emergency medical services free of charge in treating and transporting county and city firefighters injured in the line of duty; however, the treatment and transportation of city firefighters has not been addressed in the agreement before the Board this date.
Mr. William E. Compton, Principal, Florida Regional Emergency Services, Inc., appeared before the Board and explained that the mileage rate alluded to by Commr. Swartz, in the amount of $6.35, was for out-of-county mileage. He discussed the intent of the contract in 1985, which was to provide ambulance and emergency medical services free of charge in treating and transporting County firefighters injured in the line of duty because of the County's participated efforts with the Florida Regional program. The Cities of Tavares and Mount Dora have mutual aid contracts with Florida Regional because of their participation in the pre-hospital first response basic life support program. It was his understanding that the contract only covered those participating cities. He noted that clarification will be made to language to address participating cities in the contract.
Mr. Compton informed the Board that Florida Regional has procured approximately $750,000.00 for Lake and Sumter counties under the Rural Matching Grant Program. He stated that an additional ambulance will be added to the seven ambulances that are currently on twenty-four hour basis through the grant, which will enhance the service in the Howey-in-the-Hills, Yalaha, and Okahumpka areas of the County, and provide relief to the corridor from the City of Mount Dora to the Town of Lady Lake, and a ninth truck has been added exclusively for hospital to hospital transports.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Agreement between Lake County and Florida Hospital Waterman and Florida Regional Emergency Services, Inc. for Ambulance Service, Emergency Medical Service, Dispatching Service, and Extricating Service; subject to amendment of Exhibit B indicating out-of-county mileage; clarification to language regarding transportation of municipal fire fighters at no charge; and subject to final review and approval by the County Attorney.
DEEDS/FIRE PROTECTION/MUNICIPALITIES
Mr. Pete Wahl, County Manager, presented this request to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the quit claim deed to revert title of the fire station at the Villages in Lady Lake back to the Villages.
PLANNING & DEVELOPMENT/PERSONNEL
Mr. Paul Bergmann, Senior Director, Department of Planning & Development Services, appeared before the Board. Ms. Lois Martin, Director of Human Resources, distributed a substitute Tab 41 to the Board for their review. Mr. Bergmann reviewed the organizational chart outlining the proposed reorganization of the Department of Planning and Development Services, which was proposed to be effective February 15, 1994. He stated that changes reflect a careful evaluation of responsibilities and management style that best responds to the charge of the Department to be as effective and service oriented as possible.
Mr. Bergmann discussed a proposal to create a departmental Financial Analyst position, which would report directly to the Senior Director, and would have the responsibility of analyzing dollars that are collected in terms of fees, and grants. He explained that said position would be cost effective since one unitary budget would be developed.
Mr. Bergmann addressed questions presented by the Board and noted that a funding source has been identified within the existing budget for Fiscal Year 1993/94 for the upgraded positions and the Financial Analyst position.
Commr. Gerber discussed the investigation into bookkeeping changes within the Department of Planning and Development, and returning excess funds, collected from fees for services, to the Department.
Commr. Swartz expressed his support of the reorganization of the Department of Planning and Development Services; however, noted he could not support the creation of the Financial Analyst position at mid-year, and would prefer to consider said position during the Fiscal Year 1994-95 budget review. He suggested that there may be expertise in other departments that would have the ability to assist the Department of Planning and Development.
Mr. Wahl explained that funding was available within the budget for the Financial Analyst position, and said position could be eliminated if it was determined not to be feasible. He further explained that employees are presently tracking financial issues through the various divisions and that said position provides the Senior Director the capability of centralizing the tracking process within the Director's office.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the corrected personnel request to reorganize the Department of Planning and Development Services as indicated on the organizational chart; to upgrade a Secretary II position to a Planner I position; to change the One Stop Permitting Center Coordinator/Director title to Director of Development Regulations Services Division; and to make appropriate changes to Building Inspector requirements.
RESOLUTIONS/PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, presented the resolution exempting Agricultural related structures, that are non-residential, from Building Code requirements in regard to Windload Standards. At this time, Ms. Ava Kronz, Office Manager, distributed a copy of the Building Permit and Affidavit Providing for Exemption from the Adopted Standard Building Code For a Nonresidential Farm Building On A Farm form to be used by individuals requesting a permit for construction of a non-residential agricultural related farm building on a farm.
Mr. Paul Bergmann, Senior Director, Department of Planning & Development Services, appeared before the Board to discuss the Building Permit and Affidavit application form and explained that said form provides a record of the request for exemption from the Building Code requirements, and will be used in connection with the resolution addressing exemptions from the Standard Building Code.
Commr. Hanson requested clarification why "Wekiva", on Page 2 of the application form, had been referenced and not the entire County. Mr. Mark Knight, Chief Planner, Department of Development Services, responded that the Land Development Regulations apply to the "Wekiva". It was noted that said form would be amended to delete the reference to "Wekiva".
At this time, Commr. Swartz requested clarification on Section 1. Exemption for Nonresidential Farm Buildings on Farms. He stated that the original intent of the Board was for an exemption to the Windload Standards for nonresidential farm buildings and discussed his concerns with the exemption of standard building code requirements for agricultural related structures. He stated that he would not support eliminating all of the electrical code and fire safety code requirements, at this time, for nonresidential farm buildings.
Commr. Bailey expressed concern for those individuals who wish to have a small barn or pole barn on their property. He suggested that the Board exempt, at this time, agricultural related structures from the Windload Standards, which was the intent of the Board, and review the intent of the Department of Community Affairs when it becomes available.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No. 1994-27 recognizing exemption of nonresidential farm buildings on farms from Building Code requirements in regard to the Windload Standards.
PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, informed that Board that Tab 43, Tab 44, Tab 45, and Tab 46 were originally on the agenda this date as appeals to the Vested Rights Determinations that have been issued. Tab 43, Appeal of Vested Rights Determination for Greater Hills PUD for Concurrency; and Tab 46, Appeal of Vested Rights Determination for The Greater Groves PUD for Concurrency have been withdrawn at the present time. Tab 45, Appeal of Vested Rights Determination for Cross-Tie Ranch for Concurrency has been rescheduled on March 1, 1994, at 2:00 p.m., due to a conflict with the owner's representative. Tab 44, Appeal of Vested Rights Determination for Crescent Lake Club First Addition for Concurrency has been requested to be heard at 2:00 p.m. due to a conflict with the owner's representative.
DEEDS/SUBDIVISIONS
Commr. Bailey made a motion, which was seconded by Commr. Cadwell to approve the request by Highland Grove Partnership to accept a non-exclusive easement deed in the area of the Trails of Montverde Subdivision.
Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board and explained that the original applicant had platted the Trails of Montverde subdivision with a right-of-way extension off of the cul-de-sac to provide access to the property in the rear, and the Trails of Montverde subdivision residents have decided to vacate said right-of-way to prevent access. He further explained that the applicant, who owns property next door to the original easement vacated by the Board, was requesting to reopen said easement across his property to provide access to the rear property so that he can proceed through the lot split process.
At this time, Commr. Bailey withdrew his original motion.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to postpone the request by Highland Grove Partnership to accept a non-exclusive easement deed in the area of the Trails of Montverde subdivision for an indefinite period of time.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present the request to execute Addendum I to the SCS Engineers contract for the purpose of preparing a front-end study to determine the size and cost of the Intermediate Recyclable Storage and Transportation facility at the Astatula Landfill.
Commr. Cadwell stated that the County has approved an aggressive work program in dealing with Solid Waste issues and expressed his support of the staff recommendation to hire an outside firm to provide a recommendation in regard to the design and size requirements needed for the Intermediate Recyclable Storage and Transportation facility.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, for the purpose of discussion only, to approve authorization for the Chairman to execute Addendum 1 to the SCS Engineers contract; and encumber and expend funds, in an amount not-to-exceed $25,000.00, from the Recycling and Education Grant; subject to final review and approval by the County Attorney.
Mr. Roche explained that this request was the planning process by which to determine the conceptual design of the facility to be built at the Astatula Landfill. The study will determine the commodities that the County will handle, and the size of the facility to accommodate the County's current and future needs. He further explained that said study will require forty (40%) percent of the Recycling Coordinator's time.
Commr. Hanson expressed support of the request for execution of Addendum 1 to the SCS Engineers contract.
Commr. Cadwell stated that the Board has the responsibility to provide adequate staff to perform the tasks that are required by the County's aggressive Solid Waste program, or provide an outside firm to perform said tasks.
Commr. Swartz explained that staff has the expertise to prepare the initial calculations and figures for Phase I, and he would support hiring an outside engineering firm to provide the necessary expertise after Phase I has been completed by staff, the design build criteria has been addressed by the Facilities and Capital Improvements staff, and it has been determined that staff does not have the expertise to design the facility.
Mr. Wahl noted that the creation of the design criteria on the Intermediate Recyclable Storage and Transportation facility was a very technical related area.
Commr. Bailey commented that he also supports staff performing as much as possible of the study.
Mr. Roche acknowledged that staff would attempt to perform the tasks alluded to by Commr. Swartz, if the Board would consider hiring an engineering firm for technical guidance to lead them through the process.
Mr. Jim Stivender, Director of Public Services, appeared before the Board to discuss this issue. He explained that the question was not the design of the facility, but the size of the facility, the systematic design, and how the system will operate.
Mr. Steve Hiney, Recycling Coordinator, appeared before the Board to comment on the variety of projects and responsibilities of his position, and explained that the County has embarked on a massive change in the way that solid waste was being collected. He addressed control over management of the program, commercial recycling, and options available to reduce the waste stream. He informed the Board that there has been discussion at the state level to increase the goal of thirty (30%) to fifty (50%), which will involve additional programs above and beyond the design of this facility. He noted that he could process the initial data as far as tonnage delivered; however, did not have the professional expertise to design or determine the size of the facility.
The Chairman called for a vote on the motion, which failed by a 2 -3 vote. Commrs. Bailey, Gerber, and Swartz voted "No".
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved for staff to prepare Phase I data; to work with Facilities and Capital Improvements and Public Services, to determine what aspects may be completed by staff at such time as building size, design and scope are to be determined; and for those aspects that require particular engineering expertise be brought back to the Board for consideration and approval.
Commr. Swartz encouraged continued discussions with the municipalities regarding their participation in recycling, which will impact the size of facility that will be required.
The Chairman called for a vote on the motion, which carried unanimously.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Jim Stivender, Director of Public Services, appeared before the Board to address this issue.
Mr. Tim Hoban, Assistant County Attorney, noted that there would not be a conflict with the reappointment of Ms. Gina Swartz to the Bicycle/Pedestrian Advisory Committee due to Commr. Swartz serving as Liason Commissioner to said committee.
Commr. Bailey suggested consideration be given, in the future, to revising the membership to allow new applicants the opportunity to serve on said committee.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the reappointment of the following individuals to the Bicycle/Pedestrian Advisory Committee, for a two year term beginning March 2, 1994:
June M. Atkinson, M.D.
Patricia M. Carter
James R. Fisher
Kathleen Lunsford
Judy Smathers
Gina Swartz
Joseph R. Wiebush
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Mr. James Page to fill the remainder of the term of Mr. Richard Bowersox, as the Lady Lake Library Representative on the Lake County Library Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Ms. Jennie W. Troesch to fill the vacant position of the Humane Society of Lake County Representative on the Animal Control Ordinance Study Committee; subject to confirmation of Ms. Troesch's acceptance to serve.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Bailey requested that the appointments of individuals to fill two vacant positions representing District 2 on the Lake County Planning & Zoning Commission be postponed at this time, and Commr. Hanson requested that the appointment to fill one vacant position representing District 4 on the Lake County Planning & Zoning Commission be postponed.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the reappointment of Mr. Dennis Ramsey as the District 4 representative on the Lake County Planning & Zoning Commission, for a two year term beginning March 1, 1994.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
PLANNING & DEVELOPMENT/COMMUNITY SERVICES
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved interlocal agreements between Lake County and the City of Umatilla and the City of Mascotte, relating to the Lake County Affordable Housing Program.
UNFINISHED BUSINESS
COUNTY ATTORNEY
Commr. Cadwell brought up for discussion the appointment of Mr. Frank T. Gaylord, Interim County Attorney, to fill the County Attorney position. He stated that Mr. Gaylord, as Interim County Attorney, has accomplished a good working relationship with County staff, and has accomplished an excellent relationship with the municipalities, who have expressed their support of Mr. Gaylord as County Attorney.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve the appointment of Mr. Frank T. Gaylord to fill the County Attorney position; and authorization for the Chairman to negotiate a contract with Mr. Gaylord, to be brought back to the Board for approval.
Commr. Gerber expressed concern that this appointment had not been made through the Selection Committee. She stated that she has committed to citizen involvement and has a problem with ignoring the Selection Committee's recommendation in the selection process for a County Attorney.
Commr. Hanson stated that she has been pleased with Mr. Gaylord, as Interim County Attorney, and appreciates Mr. Gaylord's reevaluated of his position to serve as County Attorney.
Commr. Bailey stated that he has received numerous comments and calls from the public in support of Mr. Gaylord as County Attorney, and support of hiring a qualified Lake County resident for said position. He stated that he has been impressed with Mr. Gaylord's work and response time to pertinent issues.
Commr. Swartz stated that he does not support the motion to appointment Mr. Gaylord as County Attorney, and expressed his concern that the Board did not consider the recommendations of the Selection Committee, which was an appropriate approach with citizen involvement. He stated that Mr. Gaylord did not meet the qualifications and experience that was necessary to serve as County Attorney for Lake County.
The Chairman call for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Gerber and Commr. Swartz voted "No".
COUNTY POLICY/PURCHASING
Mr. Pete Wahl, County Manager, presented the request for authorization to approve the Purchasing Policy & Acquisition of Consultant Professional Services Policy.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve the Purchasing Policy and Acquisition of Consultant Professional Services Policy.
Commr. Swartz expressed his appreciation to Ms. Kelly Soucy, Purchasing Manager, and Ms. Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department, for providing an analysis and overview of the changes in the Purchasing Policy. He expressed his concern with the change of dollar limits on requirements for requisitions, bidding and quoting requirements, and exceptions from the advertised bid list.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Swartz voted "No".
REPORTS
COMMISSIONER SWARTZ - DISTRICT NO. 3
Commr. Swartz stated that Mr. Joe Hill, Board Member, Water Management District, has requested that the request from the St. Johns River Water Management District for Lake County to seek delegation of the permitting process from the Department of Environmental Protection on maintenance dredging of channels in the Harris chain of lakes, be withdrawn from the agenda at this time.
RECESS AND REASSEMBLY
At 12:10 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:30 p.m.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS
SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present the request to award the leachate and disposal bid to Industrial Water Services, Inc. for transport of the leachate to Jacksonville, Florida, where it will be disposed of in the City's waste water treatment facility.
Commr. Cadwell made a motion, which was seconded by Commr. Swartz, to approve authorization to award the leachate and disposal bid to Industrial Water Services, Inc., as low bidder; authorization for Chairman to execute the contract; and authorization to encumber and expend funds, in the approximate amount of $400,000.00 to $600,000.00, as required by the contract; subject to final review and approval by the County Attorney.
In response to a question presented by Commr. Gerber, Mr. Roche noted that the Public Entity Crime Form, as referenced in a letter received from Post, Buckley, Schuh & Jernigan, Inc., dated February 8, 1994, was a form required by the State of Florida to be supplied by vendors.
The Chairman called for a vote on the motion, which carried unanimously.
Mr. Jim Stivender, Director of Public Services, appeared before the Board to report that the cap at the Astatula Landfill was holding and preliminary tests indicate that the water coming off of the landfill cap was as clear as lake water.
REPORTS (CONTINUED)
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Mr. Pete Wahl, County Manager, explained that the municipalities have requested that the discussion of interlocal agreements permitting Annexation of Enclaves per the ELMS Bill be postponed until March 1, 1994, due to confusion regarding which draft to address. It was noted that the most recent interlocal agreement draft was attached to the agenda this date; however, said draft had not been distributed to the municipalities or to the appropriate parties.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved to postpone the discussion of interlocal agreements permitting Annexation of Enclaves per the ELMS Bill.
ORDINANCES
Mr. Tim Hoban, Senior Assistant County Attorney, brought up for discussion the Bingo Ordinance and requested that the Board set a public hearing date, and a date certain for the effective date, seven or ten days following the public hearing on said ordinance.
Commr. Hanson requested that clarification be provided to the definition of "day" when addressing the number of allowed bingo sessions per day in the Bingo Ordinance.
Mr. Pete Wahl, County Manager, discussed the intent of the Bingo Ordinance as drafted, and explained that an individual's intent on maximizing the take, could in theory run six four hour sessions in a 24 hour day, and the issue was the definition of "sponsor" and "lessor". A sponsor was limited to two days per week.
It was the consensus of the Board to set a public hearing on March 15, 1994, at 3:00 p.m. on the Bingo Ordinance, and for effective date of said ordinance to be seven (7) days from the date of the public hearing.
COUNTY MANAGER
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution 1994-29, expressing support of Preservation 2000.
COMMISSIONERS/MEETINGS
Mr. Pete Wahl, County Manager, informed the Board that Lake County Days has been scheduled on March 22, 1994. He suggested that the Board consider rescheduling the March 22, 1994 Board of County Commissioners' meeting to March 29, 1994, and noted that there was sufficient time to advertize the zoning meeting.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to reschedule the March 22, 1994 Board of County Commissioners' meeting to March 29, 1994.
ADDENDUM NO. 1 (CONTINUED)
REPORTS (CONTINUED)
COMMISSIONER GERBER - DISTRICT NO. 1
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Mr. Stephen M. Day to the vacant position of District No. 1 representative on the Lake County Parks and Recreation Advisory Board. This appointment was to fulfill the remainder of Mr. Jim Hill's term, which expires May 20, 1995.
REPORTS (CONTINUED)
COMMISSIONER BAILEY - DISTRICT NO. 2
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Proclamation No. 1994-25, declaring the week of February 19 - 26, 1994 as Future Farmers of America Week.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
COMMISSIONER BAILEY - DISTRICT NO. 2
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Mr. David Mann to the vacant position on the Industrial Development Authority. This appointment was to fulfill the remainder of Mr. Kendall Spencer's term, which expires March 10, 1995.
REPORTS (CONTINUED)
COMMISSIONER SWARTZ - DISTRICT NO. 3
ORDINANCES/COMMITTEES
Commr. Swartz suggested amending the resolution establishing the Animal Control Ordinance Study Committee, if it was the Board's intent to appoint a liaison Commissioner to said committee. At this time, he discussed his recommendations for amending said resolution, as follows:
1. Time frame for the life of the Committee to be extended until the end of the year.
2. The vacant positions of representative of the Leesburg Humane Society; representative of the Lake County Humane Society; and victim of a dog bite be reclassified to citizen-at-large positions.
3. The Committee have a County Commissioner as liaison, and that said Commissioner be appointed to serve as Chairman of the Committee in a non-voting position, allowing the Chairman to vote in the event of a tie.
On a motion by Commr. Swartz and seconded by Commr. Cadwell and carried unanimously, the Board approved to draft an amended resolution addressing the three (3) issues alluded to above, and outlined in a memorandum addressed to the Board of County Commissioners, date February 4, 1994; and authorization for staff to advertise the vacant positions for the category of citizen-at-large on the Animal Control Ordinance Study Committee.
ADDENDUM NO. 1 (CONTINUED)
COMMISSIONER CADWELL - DISTRICT NO. 5
STATE AGENCIES
Commr. Cadwell explained that the Transportation Disadvantage Trust Fund Board has requested that the Board of County Commissioners express their support to Representative Logan and Senator Forman for their legislation proposing an increase of $1.00 in vehicle registration fees to be deposited in the Transportation Disadvantaged Trust Fund.
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board and explained that the current vehicle registration fee was in the amount of $.50. The funds derived from said fee are deposited into the Transportation Disadvantaged Trust Fund and dedicated to LifeStream Behavioral Center for sponsoring trips, and to the County's Planning Grant Fund.
Commr. Cadwell made a motion, which was seconded by Commr. Swartz, for authorization for the Chairman to write a letter expressing the Board's support to Representative Logan and Senator Forman for their legislation proposing an increase of $1.00 in vehicle registration fees to be deposited in the Transportation Disadvantaged Trust Fund.
Commr. Swartz suggested that Commr. Cadwell, as Chairman of the Transportation Disadvantaged Trust Fund Committee write a similar letter of support to Representative Logan and Senator Forman.
The Chairman called for a vote on the motion, which carried unanimously.
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT NO. 4
RESOLUTIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved Resolution No. 1994-30, decreasing the membership of the Lake County Agriculture Advisory Committee.
ADDENDUM NO. 1 (CONTINUED)
REPORTS
RESOLUTIONS/STATE AGENCIES
Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to approve Resolution No. 1994-26, expressing support of House Bill 1717, which endorses the State purchase of development rights in the Green Swamp.
Commr. Bailey questioned if the final House Bill had been reviewed to determine how the appointments would be made. Commr. Hanson responded that it was her understand that some modifications were made to the House Bill, and that the resolution before the Board this date was to express support of the concept.
The Chairman called for a vote on the motion, which carried unanimously.
PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, presented the request for consideration of a Vested Rights Appeal for the Crescent Lake Club, First Addition, and stated that staff was recommending denial of the applicant's request.
Mr. Tim Hoban, Senior Assistant County Attorney, distributed a copy of a letter to the Board from Cecelia Bonifay, Attorney, dated October 19, 1994, providing an affidavit from Mr. Robert E. Farner, Farner Barley & Associates; and distributed a copy of a letter to Cecelia Bonifay, Attorney, dated September 1, 1993, regarding a Vested Rights Determination for Crescent Lake Club, First Addition.
At this time, Mr. Hoban explained that a Vested Rights Determination for concurrency for Crescent Lake Club, First Addition, was issued to Ms. Cecelia Bonifay, Attorney, on September 1, 1993. He discussed the concurrency vesting language, in Chapter 5, which requires that a preliminary plat approved prior to June 1, 1992, must have the final plat approved by June 1, 1993, or the vesting for concurrency would not be issued. He explained that there are unique circumstances surrounding the request before the Board this date, which are outlined in the Affidavit of Robert E. Farner. He further explained that Farner, Barley & Associates was retained by Dr. A.E. Anderson, owner and developer of the project known as Crescent Lake Club, to provide engineering services for said project, and Farner, Barley & Associates maintain that, during the course of conversations with the County, they were advised that the vesting of one phase of said project would vest the entire project. Farner, Barley & Associates performed a final plat only on a portion of the preliminary plat due to the fact that it was their understanding that they would be vested for concurrency for the entire plat. The County initially issued the Vested Rights Determination, dated September 1, 1993, based on the regulations as written, and the question before the Board this date was whether or not to uphold the Vested Rights Determination.
Ms. Cecelia Bonifay, Attorney, representing Dr. A.E. Anderson, owner and developer of Crescent Lake Club, First Addition, appeared before the Board and introduced Mr. Robert Farner, Farner, Barley & Associates, and Dr. A.E. Anderson, who would be appearing as witnesses this date. At this time, Ms. Bonifay submitted, for the record, a Chronology of Events (Applicant's Exhibit 1), which included a composite of evidence, Tabs 1 - 23. Ms. Bonifay explained that the applicant was requesting a determination of vested rights for Crescent Lake Club. She stated that the chronology of events would provide a framework for what has taken place, and the efforts that have been undertaken by Dr. Anderson, and his consultants, in trying to move this project forward, and addresses the County's current review time frames on the project, which was important in the vested rights scenario. She explained that, at the time the Vested Rights Determination was issued, it provided the applicant forty-nine (49) days in which to have the final plat filed, and the infrastructure completed or a bond posted. The chronology indicates that the County required over one (1) year to approve the plat of eleven (11) lots, and that it would be impossible to complete the final engineering and the development review process in forty-nine (49) days.
At this time, Ms. Bonifay discussed the issue of equitable estoppel as it relates to the Vested Rights Determination before the Board this date, and submitted, for the record, a copy of Board of County Commissioners of Metropolitan Dade County v. Lutz, cited as Fla. App. 314 So. 2nd 815, (Applicant's Exhibit 2), which clearly sets forth the test for equitable estoppel; and a copy of The Florida Companies v. Orange County, Florida, cited as Fla. App. 422 So. 2d 2008, (Applicant's Exhibit 3), which addresses a preliminary development order, a preliminary plat, and stands for the proposition that the application of equitable estoppel does not depend on absolute, binding, final approval from a governmental body.
Ms. Bonifay called Mr. Robert Farner, Farner, Barley & Associates, to the podium to provide testimony, at which time, the Deputy Clerk administered the oath to Mr. Farner.
In response to questions presented by Ms. Bonifay, Mr. Farner provided a brief history of his experience as an engineer and stated that he was employed by Dr. Anderson in April 1991. He provided testimony in regard to his knowledge of the policies within the Lake County Comprehensive Plan and to the economic impact on development in Lake County as a result of said plan. He explained that it was indicated by the County that his client would be vested if the preliminary plats were submitted to the County prior to the adoption of the Lake County Comprehensive Plan.
Mr. Farner continued testimony by referring to the Chronology of Events (Applicant's Exhibit 1), Tabs 1-23, and explained that two preliminary plats were submitted on May 15, 1991, subdividing a 75 acre tract described as Crescent Lake Club Phase I and II, and it was the intent that Phase I and Phase II be considered as one development. He explained that both plats were reviewed by the Technical Review Committee (TRC) on June 27, 1991, at which time, Phase I was approved. He discussed the context and substance of discussion on vested rights during the June 27, 1991 meeting. He stated that Farner Barley requested a written determination of Vested Rights on November 1992, based on the understanding that once the Crescent Lake Club plat was recorded, all subsequent phases would be vested, and the Vested Rights Determination, dated December 1992, from the County indicated that Phase I only would be vested. At this time, Mr. Farner testified to the contents of the Affidavit of Robert E. Farner, listed as Exhibit 22 (Tab 22) of the chronology.
Mr. Hoban cross examined Mr. Farner in regard to his testimony of the chronology of events. Mr. Farner stated that, at the time that the Land Development Regulations (LDRs) became effective on June 1, 1991, he did not specifically read the vested provisions in the LDRs. He explained that it was his understanding from the Vested Rights Determination, dated December 9, 1992, that his client would have seven months to either record the final plat or bond the plat.
Ms. Bonifay further questioned Mr. Farner in regard to Tab 11. Mr. Farner stated that two Vested Rights Determinations were received, which indicated that the County was treating Crescent Lake Club as two separate projects. He explained that the Vested Rights Determination for Crescent Lake Club, First Addition indicated that they would have until June 1, 1993 to complete the infrastructure and be issued a Certificate of Completion.
Ms. Bonifay called A.E. Anderson, Jr., M.D., the applicant, to the podium to provide testimony, at which time, the Deputy Clerk administered the oath to Dr. Anderson.
In response to questions presented by Ms. Bonifay, Dr. Anderson testified that he began considering commencing development on the seventy-five (75) acre parcel in 1990, after it was indicated that there were deadlines that would be required to be met by July 1991 in order to optimize the situation. He testified that a Vested Rights Determination was made by the County at the Technical Review Committee (TRC) on June 27, 1991, and it was his understanding that the whole project would be vested; therefore, he continued to expend funds, in excess of $70,000.00, for the Crescent Lake Club project. At this time, Ms. Bonifay requested that Dr. Anderson summarize the chronology of events that he has been going through, and the actions he has undertaken to pursue the development in question since December 1992 until October 1993.
Mr. Hoban cross-examined Dr. Anderson in regard to his testimony.
At this time, Mr. Stubbs presented a map for the Board's review of the site plan for Crescent Lake Club.
Ms. Bonifay explained that her client was appealing only the concurrency portion of the Vested Rights Determination, and noted that they are currently consistent with the Lake County Comprehensive Plan.
Mr. Hoban questioned Dr. Anderson if he was aware of the option to buy or bond concurrency, and pay over a period of three (3) years, to which Dr. Anderson responded that he was aware of that option.
In response to questions presented by Commr. Swartz, Dr. Anderson provided testimony in regard to his understanding of information received from the June 27, 1991 Technical Review Committee meeting.
Commr. Swartz recalled Mr. Robert Farner to the podium. In response to questions presented by Commr. Swartz, Mr. Farner provided testimony in regard to his understanding that Crescent Lake Club was vested and what that understanding specifically meant to him. He stated that consistency and concurrency were not issues at the time, and that the financial impact of the Land Development Regulations was the main intent of meeting the July 1991 deadline. Commr. Swartz further questioned Mr. Farner if he had read any of the drafts of the Lake County Comprehensive Plan with regard to vesting for consistency and vesting for concurrency, to which Mr. Farner responded that he was involved with the development of the Comprehensive Plan, but could not affirm that he had read language in regard to vesting for consistency and vesting for concurrency. In response to a question presented by Commr. Gerber, Mr. Farner explained that his client had not exercised the options outlined in the Vested Rights Determination, dated September 9, 1992 (Tab 11) due to their understanding that they would not be coming under the new LDRs, and the options should not have been an issue.
Mr. Hoban called Mr. Greg Stubbs, Director of Development Regulations Services Division, to the podium to provide testimony. It was noted that Mr. Stubbs had previously been sworn in by the Deputy Clerk.
Mr. Stubbs responded to questions presented by Mr. Hoban, and the Board, and provided testimony in regard to vested rights determinations for projects, vested rights for concurrency as addressed in the LDRs, buying capacity for concurrency, adoption date of concurrency language, and the time frame from preliminary plat to final plat approval. At this time, Mr. Hoban questioned Mr. Stubbs in regard to the Vested Rights Determination for Park Place. Mr. Stubbs testified, for the record, that Park Place was a multi-phase subdivision in Lake County, and that Park Place ran sewer lines from the City of Eustis at an expense of approximately $25,000,000.00.
Ms. Bonifay objected to this line of questioning, noting that she represented Park Place, and indicated, for the record, that the amount of $25,000,000.00 was in error.
Mr. Stubbs continued his testimony and indicated that he did not give any assurance in June 1992 that this project would be vested for concurrency.
In response to a question presented by Commr. Gerber, Mr. Stubbs explained that the entire process of submitting a preliminary plat, construction drawings, gaining final plat approval and having it recorded would be approximately eight (8) to twelve (12) months on a forty-five (45) unit subdivision.
RECESS & REASSEMBLY
At 3:20 p.m., the Chairman announced that the Board would recess for ten minutes and reconvene at 3:30 p.m.
PLANNING & DEVELOPMENT (CONTINUED)
Mr. Hoban continued his questioning of Mr. Stubbs. Mr. Stubbs stated that Crescent Lake Club, First Addition has not been denied its right to go forward with development, and the Lake County Vesting Ordinance treats all projects equally in regard to concurrency.
Commr. Hanson questioned Mr. Stubbs what the County considers an accurate amount of funds to be expended per development; to which Mr. Stubbs responded that it was a judgment call and was viewed on a case by case basis.
At this time, Ms. Bonifay cross-examined Mr. Stubbs. Mr. Stubbs provided testimony on vested rights, his understanding of the genesis of the origin of vested rights language, criteria used in making a Vested Rights Determination, his role in vested rights determinations for statutory vesting and common law criteria, the contents of correspondence with Farner, Barley and Associates, his previous testimony, and the chronology of events Tabs 1 - 23. He stated that he understood that the premise of the appeal to be common law vesting or equitable estoppel. He further stated that he had indicated to the applicant, at the time of the June 27, 1991 TRC meeting, that the Crescent Lake Club project was vested, however, did not distinguish, at that time, between consistency and concurrency. He noted that concurrency was the secondary issue at the onset, however, was now the most paramount issue.
Ms. Bonifay presented closing remarks and requested that the Board look at the equity of this particular situation, and explained that the testimony of the applicant indicates that they do clearly meet an equitable estoppel test, and the idea that the County was treating concurrency differently from consistency was not supported in the case law.
Mr. Hoban presented his closing remarks and reviewed pertinent dates in regard to the Vested Rights Determination. He stated that Lake County performs a strict criteria for concurrency vesting, and a lenient criteria for consistency vesting, and explained the rationale and reasoning behind this approach. He stated that staff believes that the County has correctly followed the regulations, and requested that the Board uphold the County Manager's Vested Right Determination.
Commr. Swartz explained that there was no question that the focus during the adoption of the Comprehensive Plan in July 1991 was on the land use plan and an attempt to provide opportunity to be vested for consistency. He stated that the development community and individuals contemplating development would have reviewed Chapter 10 of the Capital Improvements Element, dated July 9, 1991, which would have indicated the direction of the Board. He explained that the Board took a strict view for concurrency and provided that capacity would be available for those developments that had approvals and were prepared to proceed forward. He discussed the policy dealing with reservation of available capacity and limitations to vested rights, which indicates that there are limitations and a difference between consistency and concurrency, and the window of opportunity provided at the time that the Comprehensive Plan was adopted. He stated that he would uphold the County Manager's recommendation for denial of this request.
Commr. Bailey concurred with the statements made by Commr. Swartz, and stated that he would uphold the County Manager's recommendation for denial of this request.
Commr. Gerber stated that, lacking written documentation to the contrary, it was important to support and uphold the County's Land Development Regulations.
Commr. Hanson commented that many people would be affected by this issue and that there was an awareness aspect that will be unfortunate for many people. She noted that the equitable estoppel test did apply, the County did grant the consistency portion of the vesting, and did vest the zoning allowing the project to go forward. She stated that she supports the County Manager's recommendation for denial of this request.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the County Manager's recommendation for denial of the Vested Rights Appeal for the Crescent Lake Club, First Addition.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:25 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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