The Lake County Board of County Commissioners met in regular session on Tuesday, February 21, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and G. Richard Swartz, Jr. Others present were: Tim Hoban, Senior Assistant County Attorney; Pete Wahl, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budget Department; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of December 20, 1994, Regular Meeting, as presented.
Discussion occurred regarding the Special Minutes of January 25, 1995, with the following changes being made:
Page 8 - Lines 31-32 -
Delete: indicating that a determination of vesting was required, or that a determination of vesting must be obtained.
Add: in the Wekiva Amendment.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of January 25, 1995, Special Meeting, as amended.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Accounts Allowed/Deeds
Request to acknowledge receipt of the unclaimed excess proceeds due landowners on applications for tax deeds in the amount of $5,585.21.
Bonds - Contractor
New
4960-95 Grady Harrison Masonry Company
5010-95 Commercial Air Conditioning, Inc. dba Commercial Electric
(Electrical)
5355-95 All Weather Roofing Systems (Roofing Contractor)
5360-95 First Florida Contractors, Inc./Thomas P. McMahon
(Building)
5361-95 David M. Flaherty dba Tri-County Plumbing & Irrigation
5362-95 William E. Hecker, Individual (Resident Bldr.)
5363-95 David C. Palmer (Pool Service & Repair)
Assessments /Subdivisions
Request to approve and authorize signatures on the following Satisfaction of Assessment Liens:
Haines Creek Heights
Donald G. & Sue E. Parsons $1,273.22
Mount Plymouth II
Green Thumb Garden Center $3,160.54
Green Thumb Garden Center $1,580.26
Lake Eustis Village
William L. Matheney $ 622.71
Sorrento Village
Ramon Stranger-Thorsen $3,441.82
Sparks Village Subdivision
Martha Klassen $ 366.76
Ravenswood Park Subdivision
Edward & Barbel Martin $ 436.47
Edward & Barbel Martin $ 425.03
Pomerosa Subdivision
Mark A. Pasill $1,102.70
Lake View Heights 2nd Addition
Frank L. & Louise Adams $ 636.63
Accounts Allowed/Courts-Judges
Request to approve and authorize signature on Satisfaction of Judgment, State of Florida vs. Michael E. Ramsey, Case No. 82-09,349TT32, in the amount of $250.00.
Accounts Allowed/Courts-Judges
Request to approve and authorize signature on Satisfaction of Judgment, In the Interest of Gloria Ellis Thompson, A Child, Mark and Paula Thompson, in the amount of $50.00.
Accounts Allowed/Courts-Judges
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending January 13, 1995, in the amount of $153,897.31. Same period last year: $135,582.20.
Meetings/Municipalities
Request to acknowledge receipt of Notice of Annual Membership Meeting, Astor-Astor Park Water Association, Inc., Saturday, February 18, 1995, 2 p.m., Astor Community Association, 24148 Ann Street, Astor.
Committees
Request to acknowledge receipt of letter from E. Charlene Fauley, Manager, Licensing, General Mills Restaurants, Inc., indicating that she will be unable to sit on the Lake County Equity Study Commission.
Utilities
Request to acknowledge receipt of the Notice of Public Hearing Before the Florida Public Service Commission on JJ's Mobile Homes, Inc., Office of Public Counsel, The City of Mount Dora, George Wimpey of Florida, Inc. and All Other Interested Persons, Re: Docket No. 921237-WS, Application for Amendment of Certificates Nos. 298-W and 248-S in Lake County by JJ's Mobile Homes, Inc. and Docket No. 940264-WS, Investigation into provision of Water and Wastewater Service by JJ's Mobile Homes to its certified territory in Lake County. Notice is hereby given that a hearing will be held on February 8, 1995, at 10 a.m., at Shoney's Inn Meeting and Conference Center, Leesburg, Florida.
Utilities
Request to acknowledge receipt of the Notice of Application for an Extension of Service Area is hereby given on February 2, 1995, pursuant to Section 367.045, Florida Statutes, of the application of Southern States Utilities, Inc. to provide water and wastewater service to the described territory in Lake County, Florida. Objection to said application must be made in writing within thirty (30) days from this date to the Director, Division of Records and Reporting, Florida Public Service Commission, 101 East Gaines Street, Tallahassee, Florida 32399-0870.
Utilities
Request to acknowledge receipt of the Notice of Application for an Initial Certificate of Authorization for Water and Wastewater, by Shangri-la by the Lake Utilities, Inc., to operate a water and wastewater utility to provide service to described territory in Lake County, Florida. Any objection to said application must be made in writing within thirty (30) days from January 24, 1995, to the Director, Division of Records and Reporting, Florida Public Service Commission, 101 East Gaines Street, Tallahassee, Florida 32399-0870.
Budget Transfers
Request to approve the following budget transfers and For Your Information Item:
1. Fund: General
Dept.: Fire & Emergency Services
Div.: Animal Control
From: Animal Control $35,330
To: Animal Control Penalty $17,069
Animal Control Board $ 7,205
Animal Control Rabies Vac. $11,056
Transfer #: 95-083
Justification: Currently, the revenue collected by Animal Control are grouped under same account number. This transfer will separate these revenues and allow better tracking.
2. Fund: Self Insurance
Dept.: Human Resources
Div.: Risk Management
From: Admin. Fees $90,856
To: Insurance Pymts. $90,856
Transfer #: 95-084
Justification: Risk Management no longer make payments since the county went from self insured to a fully insured plan.
3. Fund: Self Insurance
Dept.: Human Resources
Div.: Risk Management
From: Claims Payments $1,432,905
To: Insurance Pymts. $1,432,905
Transfer #: 95-085
Justification: Risk Management no longer makes payments since the county went from self insured to a fully insured plan.
For Your Information
In accordance with Board direction, the list of items indicated on the Budget Transfer Summary were approved by the County Manager based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit of the County Manager from $10,000 to $25,000, as attached to the Clerk's Agenda.
PERSONAL APPEARANCES
Mr. Paul Thomas, Homebuilders Association of Lake County, appeared before the Board and stated that there would be 50 houses ranging from $69,900 to $850,000 in the Parade of Homes this year. Mr. Thomas stated that an awards banquet would be held Saturday night at Silver Lake at 6:30 p.m. He encouraged the members to attend. He further stated that, in 1992 after the passing of the Sadowski Act, Lake County formed the Affordable Housing Task Force, which he served on as Vice-Chairman, along with the Lake County Commission representative. In 1993, the name was changed to the
Affordable Housing Committee. At this time, Mr. Thomas presented Commr. Hanson with an award of appreciation for her leadership from 1992-1994 on this Committee.
TIMES CERTAIN - PUBLIC HEARING
ORDINANCES/ANIMAL CONTROL
At 9 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed Animal Control Appeals Board ordinance.
The Chairman opened the public hearing. There being no public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1995-4, as follows by title only:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, REPEALING ORDINANCE NO. 1994-9 DEFINING A DANGEROUS ANIMAL AS WELL AS CREATING AN ANIMAL CONTROL BOARD OF APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Accounts Allowed/Community Services
Payment of monthly Medicaid Hospital bill in the amount of $39,039.11 and the Medicaid Nursing Home bill in the amount of $29,622.32 for the month of December.
Accounts Allowed/Communications/Contracts, Leases & Agreements
Approved and authorized signature on GTE Communications System Agreement to expand the telecommunications network for the Lake County Library System and encumbrance of funds in the amount of $18,906.00
Ambulances-Hospital Districts
For Florida Regional EMS to trade in the chassis of three Ford Type I Ambulances.
Accounts Allowed/Contracts, Leases & Agreements
Fire and Emergency Services
The execution of the Emergency Management Assistance (EMA) Agreement Between the State of Florida Department of Community Affairs and Lake County for FY 1995 and to match funds in the amount of $27,944.
Contracts, Leases & Agreements/Planning an Development
The execution of Lease Agreement Between Lake County and James L. Meadows for the South Lake Annex for 18 months, subject to County Attorney's review and approval.
Accounts Allowed/Contracts, Leases & Agreements
Planning and Development
To amend the contract and to increase the amount to the consultant, Reynolds, Smith & Hills, for payment for the Impact Fee Study under Time and Charges in an amount not to exceed $2,000 and authorization for Chairman to execute contract.
Contracts, Leases & Agreements/Zoning
Planning and Development
The acceptance and execution of an Agreement Between the BCC and Peter Buwalda for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located on Sleepy Hollow Street of Mt. Plymouth subdivision while the conventional home is being built - Commissioner District 4.
Contracts, Leases & Agreements/Zoning
Planning and Development
The acceptance and execution of an Agreement Between the BCC and Glenn Callin for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located on Lake Glona Ct. off Fl. Boys Ranch Road while the conventional home is being built - Commissioner District 2.
Accounts Allowed/Bonds/Roads-County & State
Release of Performance Bond in the amount of $30,250 for construction of turn lanes at Apiary Road and CR 44 for Wedgewood Three - Commissioner District 5.
Accounts Allowed/Bonds/Subdivisions
Release of Maintenance Bond in the amount of $4,691 for San Polo Villas - Commissioner District 5.
Accounts Allowed/Bonds/Subdivisions
Release of Maintenance Bond in the amount of $12,365 for Silver Lake Hill, 1st Addition - Commissioner District 1.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $48,500 for performance of improvements in Summit Landings, Phase II - Commissioner District 3.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $2,694.73 for the performance of swales in Western Pines, Phase II - Commissioner District 1.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $7,900 for maintenance of the road in Cedar Ridge Subdivision - Commissioner District 4.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $6,668.31 for performance of driveways in Crescent Lake Club Subdivision - Commissioner District 2.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $7,925 for maintenance of roads in Lago Vista Subdivision - Commissioner District 2.
Accounts Allowed/Subdivisions
Release of Irrevocable Letter of Credit in the amount of $872,439 for performance on the Plantation at Leesburg, River Walk Village "Pod E" PUD - Commissioner District 2, subject to County Attorney's review and approval.
Resolutions/Roads-County & State
Resolution accepting the following roads into the County Maintenance System for The Vistas, Phase III: Calle De Flores Drive #2-0750, Toro Drive #2-0750A, Colina Court #2-0750B, Bonita Court #2-0850B, and Castillo Court #2-0850C - Commissioner District 2, subject to County Attorney's review and approval.
Subdivisions
Final Plat of The Plantation at Leesburg, Pod Z, Hidden Oak Village - Commissioner District 2, subject to County Attorney's review and approval.
Contracts, Leases & Agreements/State Agencies/Public Services
Execution of Agreement Between St. John River Water Management District and the Lake County BCC to control nuisance aquatic plants on Emeralda March Conservation Area in Lake County. Fiscal Impact: $87,499 (100% reimbursable from District).
Accounts Allowed/Assessments/Bids/Road Projects
To advertise for bids for mandatory special assessment project #SA-81, Palm Drive in East Lake Harris Estates, at an estimated cost of $68,470 - Commissioner District 3.
Accounts Allowed/Assessments/Bids/Road Projects
To advertise for bids for special assessment project #SA-82, West Griffin Drive, at an estimated cost of $47,125 - Commissioner District 1.
Road Vacations
To advertise Road Vacation Petition No. 781 by Harbor Hills Development to vacate easements, Harbor Hills, Sec. 18, Twp. 18, Rge. 25, Lady Lake area - Commissioner District 5.
Resolutions/Signs/Roads-County & State
Resolution to extend the existing speed limit and post a "45 mph speed limit" on C.R. 42 eastward from Big Oak Rd. (5-8277) to C.R. 450 in the Altoona area.
Resolutions/Signs/Roads-County & State
Resolution to post "No Parking Anytime" signs on Church St. (5-7265) at the intersection with C.R. 450A in the Umatilla area.
Resolutions/Signs/Roads-County & State
Resolution relating to the restriction of parking on Beverly Ct. (2-0736) at the intersection with Lakeshore Dr. (2-1040) in the Clermont area, providing for placement of "No Parking on Right-of-Way" signs on Beverly Ct. (2-0736).
Resolutions/Signs/Roads-County & State
Resolution to post "No Parking Anytime" signs on Palisades Bv. (2-1736) for a distance of approximately 450 feet from its intersection with C.R. 561A in the Lake Minneola area.
Deeds/Roads-County & State
Acceptance of the following deeds:
Statutory Warranty Deeds
Sharri Gittens and Donald Gissy
SR 33
Zada Bell Freeman and William Doyle Freeman, Trustees
C-450
William Feikert and Barbara Feikert, as general partners of
B. & B. Properties
Bay Rd. #3-4260 and Old Hwy. 441
(Corrective Deed)
Non-Exclusive Easement Deed
Shamrock Automotive, Inc.
SR 25 (US 27)
Cross Access Easement
Roads-County & State
The following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 733
Applicant: Pamela S. BonJorn and Dora A. BonJorn
Location: Clermont Farms
Sec. 1-23-25
South Clermont Area
Recommend: Reserve 33 feet from centerline of Bronson Road
#2-1038
Roads-County & State
The following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2291 and 2290
Applicant: Nancy A. Penn
Location: East Umatilla Sub. lots in Block 68
Recommend: Reserve 33 feet from centerline of West Third
Ave. #5-7877A, 33 feet from centerline of East Fifth St. #5-7878 and 33 feet from centerline of West Second Ave.
Roads-County & State
The following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2835
Applicant: Craig Hegstrom Builder, Inc., a Fla. Corp.
Location: Mt. Plymouth, Sec. "A", Lot 2, Block 103
Recommend: Reserve 25 feet from centerline of Eufaula Ave.
and reserve 25 feet from centerline of Hunstaunton Drive
Bids/Purchasing Department
Request 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, Proposals and Professional Services
DIVISION AMOUNT
RECORDS MANAGEMENT $ 45,000
Estimate
Authorization to seek proposals for microfilming services.
Proposals will be obtained per guidelines specified in Lake
County Purchasing Procedure LC-7. Funding for this project is
from account #001.2031290.571.8300340.
SOLID WASTE $278,000
Estimate
Authorization to seek total cost bids for the purchase of one
new 950 Loader and award to the low, most responsive bidder.
B) Authorization to Waive Bid Requirements and Accept Quotes and
Issue Purchase Orders.
DIVISION AMOUNT
SOLID WASTE $774,000
Estimate
Permission to waive bid requirements and allow Purchasing to
receive quotes for the following budgeted used equipment:
45,000 lb. Track Excavator, 30 Ton 4x4 Articulated Truck, 170
HP Wheel Loader, a D3CLGP II Tractor and a Water Wagon. Award
will be to the vendor that is most responsive to the quote.
NOTE: Purchasing used equipment from a dealer's lot is not
conducive to the bidding process because of the time sensitivity of guaranteeing the price only for as long as the
equipment is available.
F) Approve and Execute Contracts, Agreements, Amendments,
Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
PUBLIC SERVICES $ 15,000
Florida Geodetic Surveying Inc./Authorization to amend their
contract for Continuing Contract for Countywide Professional
Consulting Services to provide surveying services on the GPS
Densification Project 1994 pending the County Attorney's approval.
Accounts Allowed/Assessments/Solid Waste
Waiver of special assessment balances for the following accounts:
1) #765130 Lynn DeWitt #8.09
2) #761104 John Sedman III $4.53
3) #761103 John Sedman III $8.21
4) #757127 Joyce Hodge $8.93
5) #752003 Juanita Cox $11.83
6) #754133 Sandra Baker $39.40
Accounts Allowed/Contracts, Leases & Agreements/Solid Waste
Addendum to the Main Line Corp. Agreement for limited assistance in the development of a new basis for the fire assessment, authorization to encumber and expend funds not to exceed $4,000, subject to County Attorney's review and approval.
Accounts Allowed/Contracts, Leases & Agreements/Solid Waste
For the Chairman to sign a Maintenance Agreement between Main Line Corp. and Lake County for software support and system maintenance, and to encumber and expend funds in an amount not to exceed $15,000, subject to County Attorney's review and approval.
ADDENDUM NO. 1
Accounts Allowed/Bonds/Subdivisions
Final plat for Highland Lakes, Phase 4 PUD and acceptance of a Performance Bond in the amount of $507,270 - 92 lots - Commissioner District 2, subject to County Attorney's review and approval.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Mariann T. Burgess, Burgess Realty, appeared before the Board and presented a letter, in regards to Large Lot Split #93-51.
At this time, Ms. Burgess explained the issue to the Board.
It was noted that the issue presented by Ms. Burgess would be addressed during the discussion of Tab 52 regarding Administrative Lot Splits.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/COMMUNITY SERVICES
Mr. Pete Wahl, County Manager, presented the Interagency Agreement regarding the Juvenile Justice System. He stated that the School Board had requested the Board's comment on the issue.
Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained that several agencies were beginning to develop various programs of coordinating information between the School Board, Law Enforcement, the State Attorney's Office, the Public Defender's Office, and the judges, concerning kids who are a risk for violent crimes. The County's involvement would consist of having a Commissioner sit on the Juvenile Justice Board.
Commr. Gerber explained that a request had been made for the Chairperson to sit on the Committee, but in order for Commr. Hanson to continue to be in this position after her term of being Chairman of the Board of County Commissioners, a change was made to the language to reflect a member of the Board of County Commissioners.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the Interagency Agreement regarding the Juvenile Justice System.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, explained that there were no changes in the budgeted figures relating to the transfer of furniture, fixtures and equipment (FF&E) allowance to Metric Construction.
Commr. Good noted that the actual items and quantities as determined do not necessarily have to reflect the amount that had been budgeted, and the County could come under budget on this issue.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to transfer the furniture, fixtures and equipment (FF&E) allowance to Metric Construction for furnishing and installation of all furniture, as outlined within
the Odell specification and the Mohler Company Proposal, approximate cost $700,000. The final pricing for all FF&E would be based on the actual items and quantities, as determined by Lake County. The Change Order would be adjusted to reflect the actual amounts expended.
ASSESSMENTS/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Director, Facilities and Capital Improvements, addressed the Board and explained that the underground storage tank was removed between the Tax Collector's Office, and the Sheriff's Building. He indicated that the integrity of the tank was fine, and there was no contaminated soil and the tank did not leak, but the water samples taken at that time did show an above normal reading for some petroleum based product. He explained how this could have happened, and noted that this has been reported not to be an unusual thing to happen for such a procedure. He explained that the County was obligated under State Law to do an evaluation of the contamination. Mr. Anderson stated that he discussed the study with the consultants, who could only provide a parameter of costs, in terms of the worst scenario and the best scenario of the problem. He noted that this issue does impact the schedule for the placement of the underground utilities that would serve the Historical Courthouse and the Sheriff's Building.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the Change Order to proceed with the necessary Limited Contamination Assessment Investigation where the existing underground fuel tank was removed, at an estimated cost of $4,969 to $8,466.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
Mr. Pete Wahl, County Manager, presented the request for approval of the Lease Agreement for the Guardian Ad Litem Program office space, to 418 West Alfred Street, Tavares.
Mr. Mike Anderson, Director, Facilities and Capital Improvements, addressed the Board and stated that the lease would be subject to the County Attorney's review and approval. He stated that there seemed to be questions regarding the operating costs.
Ms. Jolene Cazzola, Guardian Ad Litem, addressed the Board to discuss start up costs for the office. She stated that last year there was a small budget approved for operating costs. She further stated that she had furniture and computer equipment already secured. It was noted that she planned to be in the office by March 1, 1995.
Mr. Wahl indicated that, if there were other items that the program needed, he would be glad to review them, and he would bring this item back to the Board next Tuesday, if Ms. Cazzola had time to meet with him.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved the Lease Agreement for the Guardian Ad Litem Program office space at a cost of $4,200 for the remainder of the year, subject to County Attorney's review and approval.
COUNTY EMPLOYEES/HUMAN RESOURCES
Mr. Pete Wahl, County Manager, presented the request from the Library Services Division for a Records Management Technician. He explained that this position would come from budgeted funds this year, but would have to be included in next years budget.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the new regular full-time position of Records Management Technician, Pay Range 123, in Records Management, Library Services Division, Department of Community Services, effective upon approval.
ACCOUNTS ALLOWED/CONTRACT, LEASES AND AGREEMENTS
HUMAN RESOURCES
Mr. Pete Wahl, County Manager, presented the request to the Board.
Commr. Good explained that he still had questions about having this same firm acquire both the County Attorney and the County Manager.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the execution of the Professional Services Agreement Executive Search Services (County Attorney) Addendum to Classification and Compensation Study with David M. Griffith & Associates, Ltd., at a cost of $7,500.
RESOLUTIONS/INFORMATION SERVICES
Mr. Bruce Thorburn, Director, Information Services, appeared before the Board and explained that Time Warner Entertainment Company has only one franchise area in Lake County, but because it has purchased a new company and there has been a change of names, and the company was informing the County of its new name.
Commr. Swartz asked staff to schedule an agenda item, at the appropriate meeting, to discuss some of the deliberations that Mr. Thorburn had with CBI dealing with access for Lake Sumter in the south end of the County.
Mr. Thorburn informed the Board that he had forwarded the response that he had gotten from Lake Sumter Community College to Cablevision Industries for their response. He explained that he would also like schedule for discussion another concern regarding the CBI issue for standardization of the franchise fee countywide.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the Resolution providing for transfer of Cable Television Franchise and System from Time Warner Entertainment Company, L.P. to Time Warner Entertainment-Advance/Newhouse presently doing business in Lake County, subject to the County Attorney's review and approval.
MEETINGS/ROADS-COUNTY & STATE
Mr. Pete Wahl, County Manager, presented the request to the Board regarding a workshop on the unified site plan for S.R. 19, U.S. 27, and Florida Turnpike area.
Mr. Mark Knight, Chief Planner, addressed the Board and stated that the notice could be sent out next week, and a workshop could be set within two weeks to one month.
The Board scheduled a workshop for March 23, 1995, at 9 a.m. to discuss a unified site plan for S.R. 19, U.S. 27, and Florida Turnpike area, and authorized staff to notify area property owners via attached letter.
RESOLUTIONS/PLANNING AND DEVELOPMENT
Mr. Pete Wahl, County Manager, presented the request for approval of the Resolution supporting the establishment of a Lake County Metropolitan Planning Organization.
Mr. Mark Knight, Chief Planner, informed the Board that the Comprehensive Plan indicates that the County will have a Metropolitan Planning Organization (MPO) established by 1994.
In 1990, the Department of Transportation had some concerns with the joining of the Eustis and Leesburg Urban Areas. At that point in time, DOT indicated that they would re-evaluate the County in 1995.
Mr. Jim Stivender, Director of Public Services, appeared before the Board and stated that staff met with Senator Malcolm E. Beard last month and expressed to him that the County was interested in becoming its own MPO. There had been interest shown by the Ad Hoc Committee in Orange County about Lake County becoming a part of their MPO.
Mr. Knight explained that MPO staff would consist of 3-4 people including secretarial support, which would be taken care of by Planning funds for support services.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the execution of a Resolution supporting the establishment of a Lake County Metropolitan Planning Organization (MPO).
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Mr. Pete Wahl, County Manager, informed the Board that staff was recommending denial of the request to advertise Road Vacation Petition No. 779, by Guy Lillard, and the request to advertise Road Vacation Petition No. 780, by Amber Hill Homeowners Association, Inc. At this time, he stated that Mr. Stivender would present an explanation of staff's recommendation.
Mr. Jim Stivender, Director of Public Services, addressed the Board and explained that the requests were for permission to advertise only, but he wanted to present staff's concerns with the road petitions. Mr. Stivender presented the history of the requests by stating that, last October, the Board heard Petition 758, which involved not only the two locations before the Board, but a third one in Lakeridge Club. The Lakeridge Club request was vacated in October, but no decision was made on the two petitions before the Board at this time. He met with those involved with the two petitions and explained his concerns with the inter-connects, and the need for alternate inter-connects rather than utilizing Lakeshore Drive, Anderson Hill, and US 27. Mr. Stivender explained that the denial of access to the adjacent property was also an issue at this time. He stated that there were many people present in the audience that were in favor of the vacations. He explained that staff was not in favor of the vacations, because the inter-connects are proper and would not impact any of these subdivisions.
Commr. Cadwell informed the Board that he received many calls regarding the two road vacations before the Board, and he encouraged Commr. Good to allow the Board to hear these through the public hearing process.
Commr. Swartz stated that, from a background perspective, he would agree with Commr. Cadwell. He stated that, even when staff has had concerns about a road vacation and its ultimate recommendation would be denial, in every case the Board has gone
forward, if the petitioner wanted to pay the money for advertising to have the public hearing.
Mr. Wahl explained that staff, in the past, has recommended denial of advertising, although the petitions have come before the Board with the concerns. He explained that staff was only informing the Board that there were problems.
Mr. Stivender informed the Board that the Bornstein property, Petition 779, was scheduled for rezoning at the same meeting that the road vacation would be heard.
Mr. Greg Stubbs, Director, Department of Development Regulation, stated that staff was recommending that the rezoning be heard first, and then, if the Board wanted to discuss the road vacation, it could be heard after the rezoning issue.
Mr. Stivender stated that the old platted rights-of-way on the Bornstein property and Spring Valley were all vacated one year ago, with this being the only legal access to those properties. At this time, it would appear that the Bornstein property would be landlocked.
Commr. Good explained that he would have no problem moving to advertise, in order to have a discussion, but with the understanding that the property adjacent could possibly be rezoned. He would like to hear the road vacation after the rezoning hearing, so that the petitioners could be advised as to the change.
Mr. Stivender explained that he felt the rezoning of the property needed to be determined prior to the road vacation.
Commr. Swartz suggested that the one other scheduled road vacation be heard first by the Board, before going to the zoning hearings, and that the rezoning on the property in question be heard first, after those postponements that have been moved up on the agenda. Once the rezoning issue had been heard, then the Board could address the road vacation.
Commr. Good made a motion, which was seconded by Commr. Cadwell, to approve to advertise for Road Vacation Petition
No. 779 by Guy Lillard to vacate road (Sunshine Dr.), Sunshine Hills, Sec. 32, Twp. 22, Rge. 26, Clermont area - Commissioner District 2, and to advertise for Road Vacation Petition No. 780 by Amber Hill Homeowners Association, Inc. to vacate roads (Opal Ln. and Garnet Dr.), Amber Hill, Subdivision, Sec. 31, Twp. 22, Rge 26, Clermont area - Commissioner District 2, with the understanding of the scheduling outlined above by Commr. Swartz.
Mr. Guy Lillard, Sunshine Hills, appeared before the Board and requested clarification as to whether he would be able to discuss, with the individual Commissioners, the road vacations without causing a problem with the rezoning.
Mr. Tim Hoban, Senior Assistant County Attorney, explained that the road vacations are not quasi-judicial and may be discussed, but rezonings are quasi-judicial. He stated that he would leave the discretion to the Commissioners whether they can discuss this case and these road vacations without any way discussing the associated rezoning, which would be taking place on the same day involving the same piece of property. Mr. Hoban noted that letters could still be written to the Board, and that the Board would be reading the entire package of information on the cases.
Mr. Lillard requested clarification of the need for an additional $400 fee for the road vacation.
Mr. Marvin Jewell appeared before the Board and explained that his wife, Julie, was at the October meeting, and she was the only individual notified on Sunshine Drive to appear at the meeting. He stated that the organization was represented by Mr. Steve Richey, Attorney.
Mr. Stivender explained that action was taken on the road vacation referred to by Mr. Lillard, and therefore, another $400 fee would need to be paid.
Mr. Gerald Owings, Lakeridge Club, appeared before the Board and noted that he was at the meeting in October and, at this time, presented his interpretation of the action taken by the Board.
Commr. Swartz directed the County Attorney and staff to look into the action taken previously by the Board.
The Chairman called for the vote on the motion, with the motion being carried unanimously.
RECESS & REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would take a ten minute recess.
CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Pete Wahl, County Manager, presented the request to the Board.
Commr. Hanson acknowledged the letter of resignation that the Board had received from Mr. Ron Roche, Director of Solid Waste Management Services, and extended her appreciation for all that he had done for Lake County.
Mr. Roche appeared before the Board to answer questions regarding the request.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved for the Chairman to sign an Addendum to the Mainline Corporation Agreement for Database Expansion Needs, for the Assessment Office, and authorized to encumber and expend funds not to exceed $9,700 for Phase I and II, subject to the County Attorney's review and approval.
UNFINISHED BUSINESS
COUNTY MANAGER/CONTRACTS, LEASES AND AGREEMENTS
Commr. Cadwell informed the Board that Mr. Pete Wahl, County Manager, had received an award from the Lake County Manager's Association, which was the first and only recognition for an outgoing manager.
Commr. Gerber informed the Board that she contacted Mr. Al Thelen in Colorado, who reduced the $9,200 fee to $8,000; however,
she had some misgivings about him coming back to Lake County, because he comes with a lot of history, and a lot of ill feelings, that may or may not be warranted. She stated that she had some leads she was following up on that were separate from the matter with Mr. Thelen. Commr. Gerber contacted another consulting firm, Parrish and Associates, who had someone who could come to Lake County, but only three days a week. She stated that she had no problem with the management team being suggested by Commr. Cadwell, but she did not feel the timing was good for it, because of the budget cycle, and the workload that Mr. Mike Anderson and Mr. Jim Stivender had in their departments, and whether they would be able to give the proper attention to the interim position. She explained that she followed up on a lead from one of the members of the County Manager's Selection Committee, who had contacted another consulting firm, Innovation Group, and she had been given the name of Ms. Sue Whittle. Commr. Gerber stated that she met with her on Sunday and had her resume, as well as some of her press coverage, she had received on her resignation from Martin County. She noted that her background was strong in budgeting, and Martin County and Lake County have similar budgets, and she was very confident that Ms. Whittle could perform the work. Ms. Whittle indicated that she would take the position for a flat $8,000 a month, which would include a car allowance and benefits and living expenses, which would have been the same that Mr. Thelen had requested. She proposed that, as a third option, the Board consider Ms. Sue Whittle as an applicant for the Interim County Manager's position.
Commr. Cadwell felt that he should be given the opportunity to present his option, before the Board considered an Option Three. He felt that, since the Chairman was not satisfied with the negotiations with Mr. Thelen, as she had indicated, the next option to consider would be the Interim Management Plan, which he presented to the Board. He stated that the management plan he put together would allow for the smoothest transition with the least
disruption. He explained, as he had in the past, that he had no opinion one way or the other about Mr. Thelen. There would be a difference of $7,000 in the cost to Lake County, even with the plan being proposed by Commr. Gerber. Commr. Cadwell explained that, for the amount of time being discussed, the people the County has on board could handle the job. He discussed Commr. Gerber's concern with the budget process and stated that, with the Management Team and the Finance Department, he had all the confidence in the world that she could sit as part of that Budget Task Force and do that job. He further explained that, after the Board Retreat, the entire group would have direction, as far as the tax increase, and the amount of revenue that would be in place. He did not want to see the County spend an additional $7,000 a month to bring in someone from the outside that, by the time the individual got used to the entire system, the process would be over. He stated that Mr. Stivender and Mr. Anderson have given him their assurances that professionally they could do the job. It would be the smoothest transition, with the least disruption to the taxpayers and employees and all others, to have those people form the Management Team and manage the County for whatever time it would take.
Ms. Lois Martin, Director, Human Resources, addressed the profile managing process she presented to the Board, which indicated a June 1st date of having a County Manager. She felt it would at least be this time period before the County had one.
Discussion occurred regarding the amount of time it might take for Lake County to hire the new County Manager.
Commr. Cadwell stated that, if the County uses the Management Team, they would be here from day one with the new manager to assist him through the process, and they would be a part of the team from then on.
Commr. Hanson commended Commr. Gerber for her efforts in renegotiating with Mr. Thelen. She agreed that it was not good to
bring someone back when there had been so many hard feelings in the past; however, to bring someone else into this position that was new to the County would not answer the question either on an interim basis. She stated that the Board does not need someone to come in with their own agenda for a very short period of time, and then have that agenda replaced with someone with another agenda. She further stated that she agreed with Commr. Cadwell that the transition would be smoother to have someone from staff. Commr. Hanson stated that the best transition would be to have the County's own staff serve as County Manager, because she could not see any major issues that were coming forward that could not be handled. She stated that she had complete confidence in staff when it came to the budget, and with Commr. Gerber's ability to work with the budget process. Commr. Hanson stated that this would be a savings of $32,800 for four months and having the Management Team would be the only thing that would make sense, other than keeping the current County Manager, Mr. Wahl.
Commr. Good stated that he had some concerns with all three options. In terms of the Management Team, he had concerns with asking some of the department heads to rule on their peers' budgets, although there may be some modifications that could be made to this process. He then addressed the third person and stated that there may be some advantages, in terms of objectivity, even though he would have to do a lot of homework to get familiar with the County's government, if he had never been here before, but that there would be some objectivity in the budgeting process. He liked the idea of having someone not bringing a history to the job, and even if Mr. Wahl stayed, there would be a history. Commr. Good stated that his interest would be that the County's services would continue to be delivered in an efficient fashion, the County would continue to look for improvements, and that the County would budget properly. He was curious to see what might come from the Board Retreat Meeting, which needed to be directed by someone not
bringing an agenda, and if the Board considered bringing in someone from the outside who does not have a history with Lake County government, it would provide some objectivity in the process. It would be money spent, and would not be the most economical way to proceed in the future. He stated that he was not comfortable with any of the three positions, but he liked the idea of objectivity, which Option Three presented, which could be more beneficial in the long run.
Commr. Cadwell addressed Commr. Good's concern with regards to bringing in the third person during the budget and stated that this was why the Chairman was part of the Budget Task Force, and he reiterated that he had every confidence in the world that Commr. Gerber had an understanding of the budget process. He addressed his concern with the cost and stated that $32,800, as opposed to $4,000, allowed for a big mistake, and he could not justify spending this much money for something that the County could do for $4,000.
Commr. Good questioned whether there would be any modification to Commr. Cadwell's proposal that would allow someone else to come in and perform the budgeting process instead of Mr. Stivender and Mr. Anderson.
Commr. Cadwell explained that he felt an elected Commissioner would be the person to perform the process, and he had confidence that Commr. Gerber could fill this position.
Commr. Swartz stated that he could not see how the Board could go 3-6 months without having someone serve in the County Manager's position, and if it could, it might suggest that the Board does not need a County Manager. He felt that the recommendation made by Commr. Gerber was the best one. He realized that Mr. Thelen had baggage, but it generated the discussion and got the Board to the what would be perhaps the best choice, which was someone that had a strong background in County management and budget preparation. He did not feel that the people expected the Board to sit here and
maintain the status quo for six months. He stated that the budget preparation was the most important thing that the Board would do, and it was the document that outlined not only how the County was going to spend the taxpayers money, but it outlined the types of programs that County would have and what the County was going to do. He stated that Commr. Gerber's recommendation was the best of the three, and he would support Option Three, but if Commr. Cadwell wanted to put his option to a vote, he should be permitted to do so.
Commr. Cadwell felt that the Board would remain active for the next six months, and he could not believe that the people of Lake County expected the Board to spend $8,000 a month when the process could be done for $1,000.
Commr. Swartz discussed his position as liaison of Capital Improvements and his concern that Mr. Anderson may possibly have to sacrifice other areas of his work, such as the renovation of the courthouse facility, or even the area the Board wished him to manage. The same thing would be true with Public Services, and he did not feel this would be the best alternative. He reviewed the proposal that he had offered previously, in terms of the County Attorney's position, to use the existing staff from that office, which would have saved $10,000 a month, but which the Board turned down, as an option, and contracted this amount with Mr. Frank Gaylord on an interim basis. Commr. Swartz stated that the most prudent thing to do would be to accept the Chairman's recommendation.
Commr. Cadwell explained that, in regards to the County Attorney's Office, he did not feel that the interim job could have been performed by that office, because of the small amount of staff, and the manager's job was very different from the attorney.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the Management Team concept of Mr. Jim Stivender and Mr. Mike Anderson, and to approve the Budget Task
Force made up of the Management Team, Finance, and the Chairman of the County Commissioners, and to approve the incentive pay for those individuals.
Commr. Cadwell appealed one more time to the Board that the option he was presenting would be less expensive and better than the others proposed.
Commr. Hanson questioned the Board placing someone in the position that only a few people have met, and someone who the other Board members had not even interviewed.
Commr. Swartz explained that the Board had confidence in the Chairman sitting on the Management Team, and the Board gave her the authority to negotiate with Mr. Thelen, or bring back another alternative.
Mr. Ed Havill, Property Appraiser, appeared before the Board and stated that he had spoken to over 30 organizations, since the first part of the year, and one of the issues discussed had been the issue of the interim county manager. He stated that, if a poll was taken by the newspapers today, it would show that over 90% of the people of the County would be interested in the proposal presented by Commr. Cadwell. He further explained that the people of Lake County feel $32,000 is a lot of money, and they do not care one way or the other as to when the renovation process would be completed by Mr. Anderson. He stated that it would be a dis-service to the people of Lake County, if the Board did not take Commr. Cadwell's advice and use two men who know the County and the people.
The Chairman called for a vote on the motion. It was noted that the motion failed by a 3-2 vote, with Commrs. Gerber, Swartz and Good voting "no".
Commr. Swartz made a motion, which was seconded by Commr. Good, to approve the recommendation made by Commr. Gerber and requested that she finalize an agreement with the former County
Administrator of Martin County, Ms. Sue Whittle, under the terms outlined in her memorandum.
Under discussion, Commr. Hanson commented that the money was not the major issue, and that the major issue was that the County had staff that was capable and willing to take the responsibility.
Ms. Hope Lamb addressed the Board and questioned Ms. Whittle's living accommodations in the County during the interim period, and the amount of time she would be spending in the position of Interim County Manager.
Commr. Gerber responded to the questions presented by Ms. Lamb and explained that she would be relocating to Lake County, and the flat fee of $8,000 would include all benefits. She further explained that she would be a contracted employee.
Commr. Swartz clarified that his motion was not intended to restrict the Chairman from getting an agreement, whether it be directly with Ms. Whittle, or through her consulting firm. The agreement would outline the conditions under which she would work for Lake County. The total compensation would be $8,000 a month, and there would be no additional compensation, and she would be located here during the week. Commr. Swartz explained that the money was an important issue, and it was important to have someone here throughout the budget process, so that the Board's goals could be achieved, and this could be savings far more than what the cost would be for Ms. Whittle. The cost would be less than what the Board was currently paying the County Manager. He stated that having a full time person in the County Manager's position was important, and therefore he would support the motion.
Sheriff George Knupp appeared before the Board and questioned Ms. Whittle's knowledge about Lake County and Lake County government and commented that the Board should show confidence in those individuals who have been with the County for some time and could make decisions rather than bringing someone from outside of the County who had never been here before and would be making
decisions for every taxpayer in the community. Sheriff Knupp suggested that the Board keep Mr. Wahl for an extra 90 days even though some of the Board members may have disagreed with some of the factors of the past. He stated that it would be a big mistake to bring someone from out of the County, with no knowledge of Lake County government, and let that person make decisions for everyone.
The Chairman called for a vote on the motion, which was carried by a 3-2 vote. Commrs. Cadwell and Hanson voted "no".
PLANNING AND DEVELOPMENT
Mr. Tim Hoban, Senior Assistant County Attorney, addressed the issue of administrative lot splits. It was noted that the Board had before it a letter from Ms. Mariann T. Burgess regarding Large Lot split #93-51. Mr. Hoban directed the Board's attention to the one page outline from Mr. Gary Muller, Planner I, Development Regulation Services, dated February 15, 1995, which contained the number of lot split files and proposed lots that were affected by the Board's decision on January 25, 1995.
Commr. Swartz stated that Mr. Steve Richey, Attorney, had brought up a particular case, and it was his understanding that the County Attorney's Office had met and reviewed it. He directed the Board's attention to the Special Board Minutes of January 25, 1995, Page 10, Lines 12-14, as follows: "Discussion occurred regarding lot splits on platted lands, at which time Commr. Swartz stated that, to subdivide a tract in such a way that you increase and substantially change the density or character of the plat, created a problem." He noted that the County Attorney's Office had reviewed the case and found that subdividing an existing plat through a lot split process does not violate the policy, as determined by the Board. It does not substantially change the density or increase the density. He suggested that, with the other two or three that are in the final stages of review, they be reviewed in that light, and in the light of how far they come into the process, and that they be brought back to the Board. He
encouraged the Board to give staff direction to stay within the confines of the Minutes, as he discussed above, when addressing the two or three cases pending in this category.
Discussion occurred regarding the case that had been presented by Mr. Richey, which was adding land to the lots and making them somewhat larger.
Mr. Richey was present to discuss the issue with the Board.
Commr. Swartz suggested that direction be given to staff to look at the proposed lots on an individual basis and, if there are some that staff feels uncomfortable making a determination on, they be brought back to the Board with the background information. He questioned whether the Board would be comfortable with him making a motion to directed staff to look at Mr. Richey's case on its own merits, as to how it may be changing the plat, and whether or not it does substantially change the density or character of the plat, and if it does not, they would have the ability to move forward with the administrative process.
Mr. Greg Stubbs, Director, Development Regulation Services, addressed the Board and explained how the suggestion being made would have a very limited affect on the process that staff was currently taking on the issue.
Commr. Cadwell questioned whether those individuals that had paid their money and gotten into the process, and it looked as though they would be denied, would they be refunded their money.
After further discussion, it was noted that staff could work under the language indicated in the Minutes of January 25, 1995, and bring the close calls back to the Board, and that the Board was in agreement to having the fee returned, if the individual was denied his request.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, to instruct and authorize staff that, within the context of the discussion and the motion on Page 10 of the Minutes of January 25, 1995, as long as the lot splits in question do not
substantially change the density or increase the density or change the character of the plat, that they go ahead and track those through as they have been doing, and if there are individual instances where they do not feel comfortable making that decision on an administrative basis, to bring those back to the Board with the necessary information and backup.
Commr. Good discussed whether an amendment should be made to the motion to indicate that the lots in question would be those 75, as indicated in the memorandum, or whether, as a point of clarification, a determination could be made as to whether the lots in question would be those 75 lots.
It was clarified that the lots in question did not just involve the 75 lots, but lots from now on, until there was a change in the Land Development Regulations (LDRs) dealing with lots splits.
Commr. Swartz stated that, if staff brings the Board the ones they do not feel comfortable making a determination on, and the Board should decide that they are not appropriate and do need to plat, the Board coulf then deal with refunding the money at that time.
The Chairman called for a vote on the motion, which was carried unanimously.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following appointments to the Sesquicentennial Coordinating Committee:
Sanna Henderson District 1
Barbara Rees District 3
Russ Peeples Historical Society
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following appointments to the Planning and Zoning Commission:
Frank Stivender, District 1 June Noblitt, District 2
James Logan, District 1
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the following appointments and reappointments to the Bicycle/Pedestrian Committee:
Reappointments Appointments
Lloyd Hlavac Rick Hencye
Fred Michels, Sr. Thomas J. Kelley
Donald E. Tannery Lori Webb-Paris
Rudolph E. Weiss Anne Weekes
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the appointment of Ms. Pamela J. Westbrook to the Rails to Trails Task Force Committee, to fill the vacancy left by Ms. Suzanne Reynolds.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved the following appointments to the Code Enforcement Board:
Wynona Barrett Realtor
George Wood Architect
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the following appointments to the Parks and Recreation Advisory Board, as well as Commr. Swartz as the liaison to the Committee:
Joseph Wiebush District 2
Tom Chapman School Board
REPORTS - COMMISSIONER CADWELL AND DISTRICT #5
CONTRACTS, LEASES AND AGREEMENTS/PLANNING AND DEVELOPMENT
Mr. Pete Wahl, County Manager, informed the Board that Mr. Dewey Burnsed, McLin, Burnsed, Morrison, Johnson & Robuck, had contacted him and indicated that they were getting ready to move the sale of the amenities to the District from The Villages. The Village Center Community Development District would be providing those legally authorized services to the unincorporated enclave within the Town of Lady Lake, which lies within The Villages Development of Regional Impact (DRI).
Mr. Steve Roy was present to discuss the issue with the Board.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved the execution of the Interlocal Agreement with the Village Center Community Development District, subject to the County Attorney's review and approval.
REPORTS - COMMISSIONER GERBER AND DISTRICT #1
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved Resolution 1995-39 recognizing Saturday, April 22, 1995 as Earth Day 1995, and as the twenty-fifth anniversary of Earth Day.
ACCOUNTS ALLOWED/EDUCATION
Ms. Caroline Fielding, Coordinator of College Relations, Lake-Sumter Community College, appeared before the Board to explain the Vietnam Memorial Wall that Lake-Sumter Community College would be hosting March 24 to 30, 1995, and to discuss the request from the Friends of the Vietnam Wall Committee for Lake County to donate $1,000 to $1,500 to defray costs of moving the Vietnam Memorial Wall to Lake Sumter Community College. Ms. Fielding stated that the Sheriff would be contacted for traffic control, because "The Moving Wall" would be open 24 hours a day.
Discussion occurred regarding field trips that have already been planned for some of the local schools.
Ms. Fielding stated that she had received donations from some of the schools, and noted that the exhibit would be a benefit to the community. She explained that the Committee had $1,650 in cash, and $1,250 had to be paid as a deposit for The Wall. Once the money as reached $2,750, The Wall would be paid for. The additional monies are needed to help defray the total costs of approximately $6,000. Ms. Fielding was trying to get mostly
donations, and the funds that were left over would go to the Veterans Retirement Home in Florida.
Mr. Rick Trefethen, Friends of the Vietnam Wall Committee, addressed the Board and extended his appreciation to the Board for acknowledging his letter about The Wall.
Mr. Pete Wahl, County Manager, explained that this was not a $6,000 request, because this was a community-wide effort, and rather than having a single donor, it would involve a contribution and commitment from a wide variety of organizations and groups.
Commr. Cadwell stated that, because Commr. Swartz has served in the Armed Forces, it would be appropriate to have him make the motion.
Commr. Swartz discussed appropriating up to $2,750 and, if the Committee should end up with a surplus, he suggested that those monies be kept in an account, so that this event could take place again on a periodic basis. He suggested that the Committee also go to its colleagues and League of Cities to see whether they would join in this effort with the County.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to appropriate $2,750 and authorized staff to make the necessary budget transfers from Contingency.
INFORMATION SERVICES
Mr. Pete Wahl, County Manager, informed the Board that Sequent had informed the Board that they were not intending to support their service contract for the County's B8 system beyond September 30, 1995.
Mr. Bruce Thorburn, Director, Information Services, addressed the Board and explained that the contractor who was writing the software contract would be the one to determine the necessary hardware requirements, in conjunction with the County's staff. Mr. Thorburn noted that Mr. Jimmy Lin and he have met in the County Attorney's Office to review the points that were in conflict in the
contract, which Mr. Lin was in the process of reviewing, and when he made a decision, the contract would be brought to the County Attorney's Office, and then brought forward to the Board, and predicated on that, it would go forward with hardware requirements.
Mr. Wahl explained that, depending upon the requirements for software, there would be a set of specifications developed for hardware. He noted that staff would follow the County purchasing policy, if the hardware could be bid; if it could not be bid, staff would come back with a recommendation for either sole source or a single vendor.
It was noted that no action was needed on the update presented by Mr. Thorburn.
ADDENDUM NO. 1
OTHER BUSINESS
MEETINGS
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to set the July Board of County Commissioner's meeting dates for July 11, July 18, and July 25, 1995.
MEETINGS/STATE AGENCIES
Mr. Tim Hoban, Senior Assistant County Attorney, informed the Board that a public hearing date had been scheduled for August 12, 1995 for the Sunshine Pipeline and the Department of Environmental Protection (DEP). After some discussion, Mr. Hoban noted that he would verify the date and advise the Board.
COUNTY MANAGER/COMMITTEES
Mr. Pete Wahl, County Manager, informed the Board that, pursuant to Chapter 380, Florida Statutes, which creates the Green Swamp Land Authority, the County Manager, or designee, shall be one of the people who serve on this committee. Mr. Wahl stated that his designation would be Mr. Jim Stivender, Director of Public Services, who would serve in this capacity, after he leaves the position as County Manager, until such time as the new County
Manager was hired. The Board's consensus was to allow the new Interim County Manager to fulfill that responsibiitity, or choose a designee.
COUNTY MANAGER
Mr. Pete Wahl, County Manager, informed the Board that the International City/County Management Association (ICMA) has formally announced that Lake County has been awarded a Council-Manager designation under the ICMA that may assist in the recruitment of a new County Manager.
COUNTY MANAGER
Commr. Hanson informed the Board that United Way was able to raise $643,000 this year, with the help of Mr. Pete Wahl, County Manager, who was the Campaign Chairman. At this time, she extended her appreciation for his hard work.
MUNICIPALITIES
Commr. Hanson informed the Board that she had attended the opening ceremony for the House of Presidents in Clermont, Florida. She encouraged the other members to visit the exhibit.
RECESS & REASSEMBLY
At 11:54 a.m., the Chairman announced that the Board would recess until 1 p.m.
TIMES CERTAIN
JOINT MEETING WITH THE LAKE COUNTY SCHOOL BOARD
At 1 p.m., the meeting reconvened at the Tavares City Hall for a joint meeting with the Lake County School Board. The topic of discussion was impact fees.
Those present at the meeting from the Lake County School Board were as follows: Dr. Tom Sanders, Superintendent; Ms. Kyleen Fisher, Chairman; Ms. Judy Pearson; Mr. Randy Wiseman; Ms. Claudia Ramsey; and Mr. Tom Chapman. It was noted that all of the Board of County Commissioners were in attendance.
Ms. Fisher, Chairman for the School Board, called for a moment of silence and led the Pledge of Allegiance.
Commr. Gerber, Chairman of the Board, opened the meeting for discussion of concerns that the School Board might have regarding the County's proposed impact fees.
Ms. Fisher addressed the group and extended her appreciation for being able to have an opportunity to work with the Board in this type of environment to expound on each others needs, and she also extended her appreciation to the City of Tavares for allowing the meeting to be conducted in the City Hall. She asked Dr. Tom Sanders, Superintendent, and Mr. Gene Molnar, Supervisor, Growth & Development/Pupil Accounting, to make a presentation on the issue of impact fees.
Dr. Sanders addressed those present and explained that the Lake County School System had a tremendous need for facilities. He discussed the steady rise in the enrollment in the schools, which has impacted the School District. He explained that the needs have been dealt with by having year round calendars in some of the elementary schools, and by building portable classrooms. Dr. Sanders stated that approximately 1.1 million dollars was generated by impact fees for schools last year in the District. He explained that this amount per year comes no where close to meeting the yearly needs of the school system in regards to growth. He explained that some of the responsibility needed to come from the State.
Discussion occurred regarding the millage rate that was being utilized by the School System, with it being noted that the rate available was two mills, but that the millage was currently set at 1.68. Dr. Sanders explained that all monies received from the State was being utilized, which included PECO monies, which was specified for Capital Outlay. He advised the County Commission that the amount of PECO money coming to the School District next year would be significantly lower than last year despite the fact that student enrollment was going up.
Discussion occurred as to the figures that were being used for the school system in the formula established by the County in its impact fee study.
Mr. Molnar noted that, after his discussions with the people establishing the formula for the imapct fees, the necessary information was brought forward, and the correct numbers have been punched in for the School Board.
Mr. Chapman addressed the impact fee study that was going to be done by the League of Cities, in conjunction with the City of Leesburg, for Lake County. He stated that the study would give the School Board more impact, if more facts and figures were presented to consider for the upcoming year's budget. He stated that, unless this issue needed a decision today, he strongly suggested that the School Board think about not making a firm decision, until after it sees some figures from the impact fee study.
Commr. Cadwell noted that the Board would be meeting with the Leesburg Chamber and the League of Cities, as far as participating in the impact fee study, at 2:30 p.m. today. The study would indicate the economic impact of the impact fees.
Commr. Hanson explained that all of the facts are needed from a study that would show how it would affect the total dollars, in order for the Board to make a viable decision, which was why she had been asking for such a study over the last year.
Mr. Molnar stated that, in the County's current ordinance, there are three benefit districts, the South Lake area, Leesburg area, and Triangle area, which the School Board's Finance Department tracks. The money stays within the district where it was collected.
Commr. Good discussed the different rates of growth in the different districts of the County, and the need to be aware of the way the dollars are being paid to reach the classroom needs.
Dr. Sanders explained that the ratio basically equates out in the different district, and he assured the Board that neither section would ever generate more money than would be needed to be spent there for new growth and students.
Commr. Swartz stated that the credits that are being given in the study for ad valorem taxes were based on two mills for the School Board. Since the School Board was actually collecting only 1.68 mills, in terms of giving a credit against the gross impact fee, there was less money coming in, and therefore the credit that was shown was greater than what the School Board actually has coming in. He stated that the first goal should be to define the number of dollars that it would take to provide the infrastructure, which would be schools, and then determine how to get the money. He noted that the difference between the 1.68 mills and two mills would be approximately 1 1/2 million dollars for capital outlay. So, if the County uses the figures it had in the study, two mills, it would indicate a 1 1/2 million dollar shortage.
Ms. Fisher explained the standards at which point a new school would be built, and the new program that had been implemented called New Spirit, which addressed what the School Board was accomplishing in Lake County. She stated that the School Board wanted a study to show them exactly what would be voted on, in terms of impact fees.
Discussion occurred regarding the Comprehensive Plan, and it was noted that no impact fee was being proposed for Parks and Recreation, because of the nature of the level of service indicated in the Comprehensive Plan. It was also noted that libraries do not come under the classification for level of service and would be an option for the Board.
Dr. Sanders discussed the portables that are being located at some of the schools and explained that, because classrooms are being made available by the use of portables to accommodate the additional number of students, it did not mean that the level of service had been upgraded to accommodate those students and administration.
Dr. Sanders addressed the School Plant survey, which was done by the Department of Education on a five year basis. This would be the last year of the plan. He explained that a spot survey could be requested in the interim, if a big growth takes place.
Discussion occurred regarding the Comparative Study presented by Mr. Mark Knight, Chief Planner, with Commr. Swartz explaining Page 9.
Mr. Dick Langley, Attorney, explained that, if those present could contact the Legislature about expanding the PECO tax base, which would be the tax on the utility revenue, to include water and sewer, it would solve the Capital Outlay problem for the School System in the State of Florida.
Commr. Gerber stated that this would be a real good idea for Lake County Day.
Discussion occurred regarding the proposed impact fees in the study before the Board, with Mr. Knight and Mr. Pete Wahl, County Manager, explaining the calculations.
Ms. Fisher explained that the question would be what kind of dollars does the School Board need for projected growth. She stated that a consensus was needed by the School Board, but first a statement was needed from the Superintendent, as to a projected figure.
Dr. Sanders stated that the School Board needed approximately 10-11 million dollars a year to meet projected growth. He noted that this would not take in the renovations that needed to be in place.
Ms. Fisher questioned whether there would be a consensus of the School Board that it would pursue the 2.0 Capital Outlay fee next year.
It was noted that Mr. Chapman and Mr. Wiseman indicated that they wished to pursue the two mills for Capital Outlay.
At the advise of Mr. Langley, the members of the School Board continued with making their own personal statements, with no consensus being taken.
Ms. Ramsey addressed those present and stated that she was against taxes, and that the County and the education system needed to start prioritizing. She stated that every year the School Board had more dollars in the budget, and even though the millage was reduced to 1.68, the Board still brought in two million dollars more than what it had the year before. She stated that the Board needed to quit looking at the millage and look at the dollars that were brought into the County. She further stated that the Board could solve some of its own problems by redistricting, and she believed that the School Board should have the right to redistrict every year, in order to supply students with a classroom in the County. She stated that she was against the increased millage.
Dr. Sanders discussed the capacity levels of the schools, and stated that the School Board could redistrict at any time.
Ms. Ramsey directed her comments to Ms. Fisher, and stated that a workshop was needed for redistricting.
Ms. Pearson stated that she realized that impact fees were important as to the funding of schools, but she would hate to see it go to the extent that it would drive people out of the County. She stated that, if the County started raising the impact fees, the County would drive people out, or else discourage them from coming in. She stated that the School Board needed to take a very good look at the issue before making any moves.
Discussion occurred regarding other questions that needed to be addressed in the proposed study, and the PECO funds being pursued by the School Board and County Commission.
Ms. Jean Kaminski, League of Cities, addressed the study being reviewed, and the figures that were based on the last four years.
Commr. Swartz stated that he assumed the School Board would like to see the fee set at a number that closely approximates the
money it needed for capital improvements giving credit for whatever ad valorem revenue the Board chose to raise, and whatever other State PECO funds came in. He questioned whether this would be the amount that would approximate what it would cost to build the schools based on student enrollment.
Dr. Sanders explained that it was his responsibility to bring forth the needs of the District. He explained that the needs have been outlined, and that impact fees are needed for schools, and what was being generated was not enough.
Discussion occurred regarding the numbers that have been inserted into the study for the School Board, with it being noted that even at these numbers, the need for capital outlay would fall short.
Commr. Gerber suggested that a sub-committee be formed for strategizing the PECO issue for Lake County Day. It was noted that Ms. Fisher would join Commr. Gerber to form the sub-committee.
Discussion occurred regarding future dates for the School Board and County Commission to meet, with Commr. Gerber noting that all would be advised, once the dates were established.
The joint meeting adjourned at 2:23 p.m., with the regular Board meeting reconvening in the Board Meeting Room, at 2:30 p.m. for a time certain.
TIMES CERTAIN
PRESENTATION
LEESBURG CHAMBER/LEAGUE OF CITIES/REAL ESTATE RESEARCH
Mr. Steve Richey, Attorney, informed the Board that Mr. Tim Sullivan would be starting the presentation to be made by the Leesburg Chamber regarding a proposed joint project on the economic effect of proposed impact fees.
Mr. Tim Sullivan, Past President of the Leesburg Area Chamber of Commerce, and Chairman of the Ad Hoc Impact Fee Committee, informed the Board that Mr. Ben Seabrook, Barnett Bank, would be making the presentation to the Board.
Mr. Seabrook addressed the Board and stated that he had four tasks today, first to represent the Leesburg Area Chamber of Commerce and its deep concern regarding the effects of the proposed impact fees, if imposed on the economic future of Lake County. Second, to request the Lake County Commission participate financially with the Chamber, the business community of Lake County, and the Lake County League of Cities. Third, to request that the Commissioners withhold any action or change on the impact fees until after the results of an economic effect study are available. Fourth, to introduce consultant Mr. Owen M. Beitsch, Executive Vice President, Real Estate Research Consultants, who we suggest as an eminently qualified disinterested third party to study and report on the effects on our economy of the proposed impact fee structure. He explained that Commr. Good had expressed his concern about the amount of misinformation that was present in the discussion of the proposed impact fees. Mr. Seabrook explained that the Chamber had raised realistic concerns about the possible effect of the proposed new fees, but honestly, no one really knew the effect, and he stated that there was concern for the entire business community. He respectfully requested County participation in one-third of the cost of an all important study of economic effects of the proposed increases in impact fees on the life of Lake County, and that the Board withhold any action on the proposed fee increases until the work and report of the study could be incorporated in the Board's deliberations. Mr. Seabrook introduced Mr. Owen M. Beitsch and presented a brief history of his educational and work background.
Mr. Beitsch explained that, when he was approached and asked about impact fees, he implied that he had no specific views on the costs and benefits of impact fees other than to observe that any fee may induce a redistributed effect of the dollars that are spent. Those results could be either positive or negative depending upon what the County's relationship would be with in a
larger economic market place. He addressed the existing literature on the subject of impact fees and explained that there did not seem to be much information specifically as it relates to Florida on this subject. The information in the literature was strictly segregated by geography, and in order to understand what an impact fee would mean in this jurisdiction, it would need to be studied locally. Mr. Beitsch referred to the four page proposal that he made, which involved a Work Program that included four task areas, as follows: Task Area 1.0, Interviews of Affected Parties; Task Area 2.0, Case Study Analysis; Task Area 3.0, Economic Impact Analysis; and Task Area 4.0, Implementation Strategy. The time frame to complete the study would be approximately 60-90 days. Mr. Beitsch explained that the firm was in the process of doing many regional studies and stressed that consultants are not advocates, but are advisers and analysts.
Commr. Good explained that, in his discussions about impact fees, if the County does not maintain its level of service, the County in effect initiates an involuntary building moratorium, and the cost of this may be much more than the bubble caused by the impact fee, or it may be less than an impact fee. He felt that this should be a component of the approach and request for a study.
Commr. Swartz questioned whether the consultants were going to consider, if an impact fee was established, and the County did not collect the that amount as an impact fee, to spread it among other revenues, because there are other methods of fee financing.
Mr. Beitsch informed the Board that he was not going to help the Board set the impact fees, or to develop an impact fee schedule, because the Board already had one. He stated that he was going to price the effects of that impact fee schedule attempting to show where the costs and benefits flow from the specific schedule that was proposed. At this time, Mr. Beitsch elaborated on what he hoped to achieve when performing Task 4.1.
Commr. Swartz questioned whether the study would be looking at future gas taxes, because the Board had a recommendation from staff to increase the gas tax by three cents, and whether the consultants were going to be analyzing what an actual increase in the gas tax might do, because this would have an impact on businesses that rely on the use of motor fuels. He noted that recommendations had been received from the City of Eustis to enact all additional five cents and pledge a portion of it to credit the transportation impact fee. He questioned whether the consultants were going to review what type of impact there would be by raising the gas tax, if you were going to use gas tax to reduce the gross impact fee.
Mr. Beitsch explained that the new gasoline taxes would have their own set of consequences, and he would not be looking at a future potential gasoline tax.
Commr. Swartz suggested that this needed to be done, because there had been recommendations from both the people in the audience, and some consideration at the Board level, to use increased gas taxes to reduce the gross impact fee in transportation, which also has an impact on other economic activity.
Mr. Steve Richey, Attorney, addressed the Board and questioned Mr. Beitsch as to how difficult it would be to look at adding the three cents on the gas tax as part of the evaluation.
After some discussion, Commr. Swartz stated that, if it was the Board's intention to perhaps consider a higher gas tax to use in that funding formula, then it needed to understand what was going to be the impact of that higher gas tax, because it has some of the same negative consequences potentially as any other feared tax, so it needs to be reviewed.
Mr. Richey stated that the proposal could include, as an option, to look at the data available that was used to evaluate the imposition of the sales tax, and the tourist tax, to see if, in
fact, it gives some guidance that Mr. Beitsch could put in his option.
Mr. Beitsch noted that the he would certainly be willing to include the option as stated above.
Commr. Cadwell informed the Board that he met with the League of Cities who have already voted to participate, and that a level would be addressed after the Board made its decision. He stated that they are very excited about moving forward on the study.
Commr. Hanson referred to the meeting held with the School Board, and the issue pertaining to the millage rate.
Commr. Good questioned whether the study was going to be focused on the real economy, or on "paper" economy.
Mr. Beitsch stated that his personal bias would be to make this as much of a real world analysis as possible. He explained that the consultants would be looking at their base study, and they would be taking a closer look specifically at the tourist economy, which in the base study, they only looked at marginally.
Ms. Leslie Little, Economic Development Director, City of Eustis, addressed the Board and stated that the League of Cities unanimously endorsed having the economic impact analysis performed. She stated that the League wanted the Board to know that they were prepared to support this effort in every way, and they were encouraging the Board to join with them to support the analysis as well. The League also wanted to express that this was an unprecedented situation, because the need for this study and the concern over the impact fees have brought all of the different groups together.
Mr. Richey stated that, after consulting with Mr. Hoban, he suggested that, before any agreement was exercised with Real Estate Research, the Chamber would provide some consultation with his office and Mr. Beitsch, in order to justify what had been discussed, and if the Board decided to participate in the agreement, the Chamber would commit to providing association and
counsel with the County Attorney as part of what the Chamber would end up signing on behalf of the Leesburg Area Chamber of Commerce. Mr. Richey requested that those individuals who were present in support of the economic development proposal stand for the Board members to see.
Mr. Sullivan summarized the presentation and requested that the County Commissioners withhold any action on the impact fees until the results of the economic study were available, and to participate financially with the Chamber and League of Cities in an approximate amount of $11,000, and to help the Chamber and League of Cities work with the Board to come to a conclusion on what needs to be done for Lake County.
After some discussion, it was noted that all details from the discussion today would be included in the proposal and reviewed by all parties.
Ms. Patricia Mayhill, City of Eustis, addressed the Board and requested clarification as to whether the study would include looking at the gas tax.
Mr. Beitsch noted that he would not be looking at the economic impact of raising the gasoline tax. He stated that he would be taking a look at staff generated, or consultant generated, information on the gasoline tax, so that when he gets to the very last task, he can see how some of those gas taxes might be used in lieu of the impact fee, but it would be a cursory look, not a detailed assessment of the impacts of raising the taxes.
Commr. Swartz stated that it was important that this be done, because, not only does the Board have a staff recommendation, but at least one of the cities, and some of the Commissioners have contemplated increasing the gas tax either by itself, or in conjunction with using it to offset gross impact fees. He stated that there was going to be some economic displacement from increasing the gas tax just as any other. If the Board was going to consider using that as one of the funding sources, that analysis
had to be completed as well. He explained that, as far as details, it would depend on how much money everybody was going to spend, and how much time it was going to take, but he assumed that the consultants would have the ability to give him some economic analysis of what an increase in the gas tax would do to the same economic criteria that the County was looking at in terms of increasing impact fees.
Mr. Beitsch explained that he would have the capability of doing what Commr. Swartz was suggesting, but that he had not offered to do so except in a cursory fashion. He stated that there may be a good deal in the literature about the effects of gasoline tax, but there was very little in it about impact fees. He stated that he would be glad to see what was in the literature and incorporate that into the analysis, but he wanted to be perfectly clear that he was not going to do an economic impact for gasoline tax, unless he and the Board specifically worked that into the scope and put a price to it. He further stated that the literature may offer enough perspective to reach the conclusions that are wanted. He sated that he was committed to doing a review of the literature as part of this process.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to enter into an agreement with the Leesburg Chamber to do an economic analysis of the impact fees on Lake County, and to participate in 1/3 of the study, not to exceed $10,000, subject to the County Attorney's approval of the contract, and with the Board withholding any action on impact fees until the study was done, with the understanding that the study would be done sometime within 60-90 days, from the date the contract was signed.
Commr. Cadwell clarified that this would be a joint project, and he requested that a presentation be made to the County Commission, the League of Cities, and the Chamber as a joint group.
Discussion occurred regarding the appropriate fund for the expense, which was determined to be the Impact Fee fund.
The Chairman called for a vote on the motion, which was carried unanimously.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:35 p.m.
RHONDA H. GERBER, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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