The Lake County Board of County Commissioners met in regular session on Tuesday, July 18, 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; G. Richard Swartz, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Rolon W. Reed, Interim County Attorney; Tim Hoban, Senior Assistant County Attorney; Sue B. Whittle, Interim County Manager; Ava Kronz, BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budgets Department; and Marlene S. Foran, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
Ms. Sue Whittle, Interim County Manager, requested that discussion of dates for the continuation of the budget workshops, and dates for the public hearings on the budget be added to the agenda under Reports.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved to add discussion of dates for the continuation of the budget workshops, and dates for the public hearings on the budget be added to the agenda under Reports. Ms. Whittle requested that Tab 32, approval of recommendation by the Tourist Development Council (TDC) that Lake County join the Orlando Area Sports Commission for a period of one year; and Addendum No. 1, Item B., approval of changes to David M. Griffith's recommended classification plan as outlined on the Position Changes List, be deleted from the Agenda at this time.
Regarding the Minutes of April 18, 1995, Regular Meeting, the following change was requested:
Page 23, Line 12 - change "Solid Waste" to Public Services.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of April 18, 1995, Regular Meeting, as amended.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 31, 1995, Special Meeting, as presented.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz addressed Tab 10 and Tab 11 and expressed his appreciation to Mr. Bruce Thorburn, Information Services Director, and staff for the work in negotiating the amendment to the Cablevision Industries of Central Florida franchise, and expressed his appreciation to the Board for providing the staff the ability to negotiate the positive revisions to the Cablevision Industries contracts prior to transfer.
Mr. Bruce Thorburn, Information Services Director, appeared before the Board to express his appreciation to Mr. Rich Gunther, Cablevision Industries of Central Florida, Inc. and the Cities of Clermont, Groveland, Mascotte, and Minneola for their cooperation.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Contracts, Leases and Agreements/State Agencies
Request for approval and execution of Agreement of Cooperation between Lake County and Mid-Florida Community Services, Inc.
Accounts Allowed/Contracts, Leases and Agreements
Request for approval and execution of amendment to contract between Lake County and Digital Products Corporation, Inc. to lease 10 additional electronic monitors for Work Release Program at a fiscal impact of $12,540.00.
Request for approval of appointment of Robbie Hollenbeck, Special Projects Coordinator, as County United Way Fund Coordinator in the Annual United Way Fund Drive.
Contracts, Leases & Agreements/Communications
Request for approval and execution of First Amendment to Agreement between Lake County and Cablevision Industries of Central Florida, Inc. relating to cable television services.
Contracts, Leases & Agreements/Communications/Resolutions
Request for approval of Resolution No. 1995-154 transferring Cable Television Franchise with Lake County and Cablevision Industries of Central Florida, Inc. to Time Warner Entertainment Advance-Newhouse after the signing of the Franchise Amendment making changes to the Lake County CVI Franchise of 1984.
Request for approval of the Wekiva River Basin Interagency Strategic Plan for consistency with the Lake County Comprehensive Plan, subject to changes specified in memorandum dated June 9, 1995.
Request for approval of Resolution No. 1995-155 adopting a Comprehensive Plan Amendment Schedule for Calendar Year 1996.
Contracts, Leases & Agreements/Zoning
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Edward and Barbara McCaskill for a Temporary Non-Conforming Zoning Use to place a mobile home on property located on South Buckhill Road while the conventional home is being built - Commissioner District 2.
Road Projects/Roads-County & State
Request for approval and execution of Change Order No. 1 to Brantley Branch Road (CR#4-6797) and SR-44 Intersection Improvement Project No. 2-95, for the construction of additional driveways in the amount of $2,400.00 - Commissioner District 4.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of the following Statutory Warranty Deeds:
Holly Jean Potter
Sloan's Ridge Road (#2-1503)
Jerry L. Mabie and Patricia A. Mabie
Thomas Boat Landing Road (#5-7940)
Patrick M. Towne and Jayne M. Towne
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No.: 2759
Applicant: Donald L. Krebs and Shirley Krebs
Location: Mt. Plymouth, Section "A", Lots 6 and 7, Block 67
Recommend: Reserve 50 to 55 feet from centerline. (The Right-of-Way varies from approximately 80-110 feet total, adjacent to the subject lots.) The intent is to reserve platted right-of-way.
Accounts Allowed/Bids/Roads-County & State/Road Projects
Request for approval to advertise for bids for Lake Dora Drive, Lakeshore Drive, and Disston Avenue Road Improvement Project No. 10-95, at an estimated cost of $861,789.00 from the Road Impact Fee Benefit District 2 Fund - Commissioner District 3.
Request for approval to advertise for bids for Leonard Way (CR#4-6087) Resurfacing Project No. 16-95, at an estimated cost of $120,000.00 from the Transportation Trust Fund - Commissioner District 4.
Rights-of-Way, Roads & Easements/Municipalities/Road Closings
Request for approval to advertise Road Vacation Petition No. 795 by Harbor Hills Country Club to vacate utility easements, Harbor Hills Unit 2A, Section 18, Township 18, Range 25, Lady Lake area - Commissioner District 5.
Request for approval to advertise Road Vacation Petition No. 799 by Rex McPherson, II, Clermont Groves, Inc., and Betty Keene Crane to vacate streets and tracts, Monte Vista Park Farms, Section 4 and 5, Township 23, Range 26, Clermont area - Commissioner District 2.
Accounts Allowed/Contracts, Leases & Agreements/Landfills
Request for approval and authorization for Chairman to execute Amendment No. 6 to the contract with SCS Engineers; and approval to encumber and expend funds, in the amount of $3,500.00, for the development of a Groundwater Monitoring Plan for the Lady Lake Landfill; subject to final review and approval by the County Attorney.
Contracts, Leases & Agreements
Request for approval for Chairman to execute the 1994-95 Interlocal Agreement with Keep Lake County Beautiful, Inc. (KLCB); subject to final review and approval by the County Attorney.
Grants/Contracts, Leases & Agreements
Request for approval and authorization for the Chairman to execute the Litter Control & Prevention Grant application for 1995-96; authorization for the Chairman to execute and submit reimbursement requests as needed; and authorization for the Chairman to execute the 1995-96 Interlocal Agreement with Keep Lake County Beautiful, Inc. (KLCB), which is related to the grant funds; subject to final review and approval by the County Attorney.
ADDENDUM NO. 1
Request for approval for the Chairman to execute Certification for Eligibility to Receive Base Grant Funding for Fiscal Year 1995-96 for the Emergency Management Preparedness and Assistance Program.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the following requests:
Request for approval of Budget Transfers from the Office of Finance, Audit & Budgets, as follows:
From: Contingency $49,310
To: Machinery & Equipment $49,310
Transfer #: 95-228
Justification: Pursuant to the Board's request, the confirmed number of computer work stations requested by the Circuit Judges at mid year is eight, with a total cost of $49,310. Judge Lockett is now requesting these funds be approved.
From: Contingency - Sheriff $20,000
To: Operating $15,000
Capital $ 5,000
Transfer #: 95-229
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $20,000 be transferred from the Sheriff's Contingency money to Operating and Capital.
Fund: County Transportation Trust
Department: Public Services
From: Contingency $9,750
To: Professional Services $9,750
Transfer #: 95-230
Justification: Funding for titles and appraisals work on South Lake Scenic Trail, as approved by the Board on 6/20/95.
Fund: County Sales Tax Revenue
From: Special Reserve $39,000
To: Contractual Services $39,000
Transfer #: 95-231
Justification: Pursuant to Board action of 6/20/95, funds are being taken from Special Reserve to be expended by the Parks and Recreation Division for greenways and trails.
Department: Facilities and Capital Improvements
From: Utilities - Jail $518,000
To: Utilities - Energy Management $518,000
Transfer #: 95-232
Justification: Funds for payment of utilities for the jail were moved to a separate cost center at the beginning of the year. It is necessary to return these funds to the cost center of Energy Management to more readily monitor expenditures.
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.
Request to acknowledge receipt of Notice Before the Florida Public Service Commission: Notice of Commission Hearing and Prehearing to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons; Docket No. 950001-EI - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor; Docket No. 950007-EI - Environmental Cost Recovery Clause. Notice is hereby given that a Public Hearing will be August 9 through August 11, 1995, at 9:30 a.m., Betty Easley Conference Center, Tallahassee, Florida.
Request to acknowledge receipt of Notice Before the Florida Public Service Commission: Notice of Customer Service Hearing to Florida Power Corporation and All Other Interested Persons; Docket No. 941232-EG - Petition For Approval of Modifications to Residential Load Management Rate Schedule By Florida Power Corporation. Notice is hereby given that a Service Hearing is to be held on July 13, 1995 at 6:00 p.m., The Heritage Inn - Salons A, B, & C, St. Petersburg, Florida.
Request to acknowledge receipt of Notice Before the Florida Public Service Commission: Notice of Cancellation of Commission Hearing, Docket No. 910875-TC, Re: Initiation of Show Cause Proceeding Against Equal Access Corporation for Violation of Interlata Rate Cap and Rule 25-4.043, F.A.C., Response Requirement. Canceled: June 30, 1995.
Request to acknowledge receipt of State of Florida Office of the Auditor General, Report No. 12515, Operational Compliance Audit made of the Office of the State Attorney, Fifth Judicial Circuit for the period January 1, 1994 through December 31, 1994.
Request to acknowledge receipt of City of Tavares Annexation Ordinance No. 95-19 amending the boundaries of the City of Tavares Code by including within the City limits property generally described as approximately 5.3 acres located south of Dora Avenue and west of Merry Road.
Request to acknowledge receipt of City of Eustis Annexation Ordinance No. 95-17 voluntarily annexing that property being .28 acre of vacant land on the southeast corner of Country Club Road and Hilltop Court into the corporate limits of the City of Eustis Florida.
Mr. James C. Watkins, Clerk of Circuit Court, announced that the Clerk's Office has been awarded the Distinguished Budget Award by Governmental Financial Officers Association (GFOA) for the Fiscal Year 1994/95 budget year, and that a formal presentation would be made to the Board by GFOA. At this time, Mr. Watkins recognized the following individuals who were present from the Finance, Audit & Budgets Department: Ms. Barbara Lehman, Chief Deputy Clerk; Ms. Sarah R. LaMarche, Budget Director; Tracy L. Zeller, Senior Budget Analyst; Kevin M. McDonald, Senior Budget Analyst; and Julia A. Wilson, Budget Assistant.
PRESENTATION OF PLAQUE
At this time, Commr. Gerber presented a plaque to Mr. Jim Stivender, Jr., Director of Public Services, for being named the Rural County Engineer of the Year for 1994-95 from the Florida Association of County Engineers and Road Superintendents.
Mr. Richard Paul, Chairman, Lake County Equity Study Commission, appeared before the Board to present for approval an Ordinance Amending Article IV, Lake County Code, Occupational License Taxes, and stated that in 1993 State legislation was passed permitting local governments to revisit their occupational license rate and classification structures. He explained that benefits of the new law include establishing local control over license classifications, tax rates, and future tax increases developing an equitable tax relationship among all business in Lake County, and Lake County receiving a larger portion of the County occupational license taxes which are shared with municipalities. He stated that the Lake County Equity Study Commission was assigned the task of reviewing and recommending to the Board new occupational license business classifications and new rates where applicable. At this time, Mr. Paul noted that Mr. T. Keith Hall, Tax Collector, and Mr. Jim Little, Tax Manager, Tax Collector's Office, were present in the audience to address questions presented by the Board.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present who wish to discuss this issue with the Board, the public hearing portion of the meeting was closed.
Mr. T. Keith Hall, Tax Collector, appeared before the Board and briefly discussed the billing cycle for occupational licenses and stated that the renewal period begins in August 1 and payments are due on September 30 for the year that begins on October 1.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approved Ordinance No. 1995-10, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING ARTICLE IV, LAKE COUNTY CODE, OCCUPATIONAL LICENSE TAXES; PROVIDING FOR INCLUSION IN LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Cadwell expressed his appreciation to Mr. Paul, the Lake County Equity Study Commission, Mr. T. Keith Hall, and Mr. Jim Little for their dedication and hard work in drafting the above noted ordinance.
The Chairman called for a vote on the motion, which carried unanimously.
PERSONAL APPEARANCES (CONTINUED)
Mr. Mike Szunyog, Florida Department of Transportation, appeared before the Board to present the 2020 Florida Transportation Plan, and the adopted Five Year Work Program for Fiscal Years 1995/1996 through 1999/2000. Mr. Szunyog presented a video of the Strategic Plan which discussed the direction of Florida's 21st Century Transportation System, and the issues critical to the success of connecting Florida's roadways. He distributed brochures on the following: Annual FDOT Work Program Process, Implementing the 2020 Florida Transportation Plan, 2020 Florida Transportation Plan Summary, Comment Sheet, and Adopted Five Year Work Program. He noted that two public workshops have been scheduled on July 27, 1995 at the District 5 Office in Deland. He briefly discussed the Work Program Process and stated that the previous tentative work program became the adopted work program on July 1, 1995. He explained that the municipalities have been requested to submit their projects for the new outer year, which will be 2000/2001, to the County and that the County has been requested to implement a process to prioritized those projects and submit them to FDOT by September 15, 1995.
At this time, Mr. Jim Stivender, Director of Public Services, briefly reviewed the projects listed on the FDOT Adopted Five Year Work Program for Fiscal Years 1995/1996 for Lake County.
PUBLIC HEARINGS (CONTINUED)
Ms. Anita Winkler, Building Services, appeared before the Board to present an Ordinance Amending Chapter 6, Lake County Code, Building and Construction, Unlicensed Contractors, and explained that said ordinance was written to provide authority to stop the unlicensed contractors activity in Lake County, and would allow Building Services to write citations and fines to unlicensed contractors and provide protection to the citizens of Lake County.
Commr. Cadwell stated that he had been contacted by licensed contractors expressing their support of this ordinance.
Commr. Swartz discussed the fine for a first violation, in the amount of $150.00, and expressed concern with letting an unlicensed contractor off so lightly in the first violation. He suggested that the public be better educated, perhaps through Lake Sumter Community College or the Commissioner's Corner program, so that licensed and certified contractors can advertise and provide the public some certainty that they are dealing with qualified contractors.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
Ms. Jean Kaminski, President, Home Builders Association, appeared before the Board in support of this ordinance.
There being no further public comment, the public hearing portion of the meeting closed.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve Ordinance No. 1995-11, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6, LAKE COUNTY CODE, BUILDING AND CONSTRUCTION; PROVIDING FOR A SECTION 6-50. PROVIDING FOR AUTHORITY OVER UNLICENSED CONTRACTORS, PROVIDING FOR DEFINITIONS; INCLUDING THE IMPOSITION OF FINES AGAINST UNLICENSED CONTRACTORS; PROVIDING AUTHORITY FOR THE BUILDING SERVICES DEPARTMENT TO WRITE CEASE AND DESIST ORDERS AND CITATIONS TO UNLICENSED CONTRACTORS WORKING IN LAKE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Swartz requested that staff review the first violation fine, in the amount of $150.00, to assure that said amount was sufficient.
Mr. Jack Bragg, Building Services Director, stated that the ordinance before the Board was based on a number of counties that have this ordinance presently that are utilizing the citation powers. He stated that the Legislature has amended this law to state that the second offense for an unlicensed activity was a third degree felony. He stated that staff would check on the violation fine after six months to determine if the fine was appropriate.
The Chairman called for a vote on the motion, which carried unanimously.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS
Mr. Chuck Pula, Parks and Recreation Coordinator, appeared before the Board to present the request for a Lease Agreement between Lake County and Triangle Boat Club, Inc. He explained that staff has worked with the Triangle Boat Club diligently to reach an agreement on a lease agreement that best meets the concerns of both parties. He stated that the key elements in the agreement are that the Triangle Boat Club was to continue to use the property to promote a greater interest in boating and grant public groups reasonable access. He noted that the Triangle Boat Club would provide $500,000.00 general liability insurance and agrees to indemnify Lake County. At this time, Mr. Pula introduced the following members of the Triangle Boat Club who were present in the audience: Mr. Dean Fessenden, Commodore; Mr. Lloyd Daurer; and Mr. Emmett Archer.
Commr. Swartz expressed his appreciation to staff and to the Triangle Boat Club for their work in negotiating an agreement.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the Lease Agreement between Lake County and Triangle Boat Club, Inc.; and authorization for the Chairman to execute said agreement.
RECESS & REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would recess for ten minutes.
CITIZEN QUESTION AND COMMENT PERIOD
At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.
Mr. Marvin Pickett, a masonry contractor in Lake County, appeared before the Board and stated that he has recently developed a new product called an inspection screen for the purpose of closing up the voids left in concrete blocks for steal tying and inspection before pouring the concrete. At this time, Mr. Pickett briefly discussed the use of the inspection screen. He stated that this product passes all codes and has been approved in several counties, as well as the Cities of Leesburg, Eustis, and Lady Lake. He stated that Building Services has refused to approve the new inspection screen and has instructed all inspectors to red tag any job using the inspection screen, even though architects have approved them on plans. Mr. Pickett noted that the inspection screen was being used on the Orange County Convention Center, Orange County Maintenance Center, as well as new homes in Seminole, Sumter, and Marion Counties. At this time, Mr. Pickett distributed an inspection screen, and a photograph illustrating use of said screen to the Board for their review.
Commr. Swartz requested that the County Manager review with Building Services, and the Board of Examiners the process for reviewing new products; review the justification for not approving the use of the protection screen as developed by Mr. Marvin Pickett; and to bring back actions that need to be taken by the Board in regard to this issue.
Mr. Bentley Hogan, Pastor, Pine Lakes First Baptist Church, appeared before the Board to discuss the purchase of property with an existing mobile home that the First Baptist Church would like to use as a temporary office. He stated that the First Baptist Church has plans for an extension to the church and are in a fund raising posture in trying to reduce indebtedness so that they can move forward with the extension. He stated that handicapped accessibility plans concerning the mobile home are on file with the County waiting for approval to use the mobile home as temporary office space.
Commr. Hanson stated that the issue to be addressed was that there was no definition of temporary. She noted, however, that the First Baptist Church has indicated that there was a possibility that their new office would be built within two years.
Commr. Swartz requested that staff review this issue to determine what options were available within the range of the Lake County Land Development Regulations.
Mr. Paul Bergmann, Director of Planning and Development Services, appeared before the Board and stated that this request pertains to a church group; therefore, a Community Facility District (CFD) would be the appropriate zoning with conditions set accordingly.
Ms. Sue Whittle, Interim County Manager, stated that she would review the options in regard to the request from the Pine Lakes First Baptist Church for approval to use a mobile home as temporary office space, and bring back options to the Board on July 25, 1995.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
CONTRACTS, LEASES & AGREEMENTS/CORRECTIONS/STATE AGENCIES
Mr. Mike Anderson, Director of Facilities & Capital Improvements, presented this request.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for approval of an Interagency Work Agreement between Lake Correctional Institute and Lake County Board of County Commissioners for use of inmate labor force on public works projects.
CONTRACTS, LEASES & AGREEMENTS/COUNTY BUILDINGS
Mr. Mike Anderson, Director of Facilities & Capital Improvements, presented the request for a deductive change order for Construction Development & Design's contract to construct the Animal Control Facility. He explained that purchase orders were issued, in the amount of $11,450.90, to six suppliers and these purchase orders were a deduction from the general contractor's contract for a total savings of $698.24. He requested that all deductive change orders to contracts be an after-the-fact action as a ratification of action taken.
On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, the Board approved the request for a deductive Change Order for Construction Development & Design's contract to construct the Animal Control Facility for sales tax recovery items to be purchased directly by the County in order to save on sales tax; and approved the request to authorize staff to provide for after-the-fact action ratification of future deductive change orders to contracts.
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present a resolution adopting a Lake County Housing Assistance Plan for State Fiscal Years 1995-96 and 1996-97 to comply with Florida Housing Finance Agency (FHFA) requirements in response to the changes requested by FHFA.
Commr. Gerber expressed concern with the large volume of material that was being furnished at each Board meeting, and the costs involved in reproducing said backup; at which time, Commr. Swartz suggested that additional backup material be furnished in a separate book and made available to the Commissioners in the Board Office.
On a motion by Commr. Good, seconded by Commr. Swartz and carried, the Board approved Resolution No. 1995-156, adopting a Lake County Housing Assistance Plan for State Fiscal Years 1995-96 and 1996-97 to comply with Florida Housing Finance Agency (FHFA) requirements; and approval of Resolution No. 1995-157, amending the Lake County Housing Assistance Plan that implements the Affordable Housing (SHIP) Program to comply with Florida Housing Finance Agency requirements.
The motion carried by a 4 - 0 vote. Commr. Cadwell was not present for the discussion and vote.
RIGHTS-OF-WAY, ROADS & EASEMENTS/ROAD CLOSINGS
Mr. Jim Stivender, Director of Public Services, appeared before the Board and explained that staff was recommending approval to advertise Road Vacation Petition No. 797 by Joe Swiderski to vacate roads. He presented an aerial map on the monitor of the roads in question.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved to advertise Road Vacation Petition No. 797 by Joe Swiderski to vacate roads (Harris Avenue and Madison Street), Silver Lakes Estates, Section 22, Township 19, Range 25, Leesburg area - Commissioner District 1.
The motion carried by a 4 - 0 vote. Commr. Cadwell was not present for the discussion or vote.
RIGHTS-OF-WAY, ROADS & EASEMENTS/ROAD CLOSINGS
Mr. Jim Stivender, Director of Public Services, appeared before the Board and explained that staff was recommending approval to advertise Road Vacation Petition No. 798 by Sharon S. Hoffman and Sidney Smith, III to vacate rights-of-way and tracts.
On a motion by Commr. Good, seconded by Commr. Hanson and carried, the Board approved to advertise Road Vacation Petition No. 798 by Sharon S. Hoffman and Sidney Smith, III to vacate rights-of-way and tracts, Monte Vista Park Farms, Section 21, Township 23, Range 26, Clermont area - Commissioner District 2.
The motion carried by a 4 - 0 vote. Commr. Cadwell was not present for the discussion or vote.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the appointments of the following individuals to the Lake County Citizen's Commission for Children:
District No. 1 Representative - Louise Arthur - term ending May 17, 1997
District No. 2 Representative - Donald P. Ricci - term ending May 17, 1996
At-Large Representative - Carol Lenahan - term ending
May 17, 1997
At-Large Representative - Joan M. McCall - term ending
May 17, 1997
At-Large Representative - Sandra Green - term ending
May 17, 1997
ADDENDUM NO. 2
COUNTY MANAGER/COUNTY ATTORNEY
Commr. Gerber brought up for discussion the issues relating to the County Manager and the County Attorney candidates. It was noted that a letter from Mr. David W. Wagner, dated July 18, 1995, had been distributed to the Board.
Commr. Swartz addressed the letter from Mr. David Wagner and stated that Mr. Wagner informed him in a telephone conversation this date that he could not accept Lake County's employment proposal for the position of County Attorney. He stated that Mr. Wagner expressed his appreciation to the Board for the opportunity to interview for the position of County Attorney.
Commr. Cadwell stated that he would support postponing any decision for one week to allow the Board time to review the process and other options that were available to the Board. It was the consensus of the Board to postpone discussion on the issue of a County Attorney until the July 25, 1995.
Mr. Rolan Reed, Interim County Attorney, stated, for the record, that the letter alluded to above from Mr. Wagner had been received by facsimile at 8:58 a.m. this date.
At this time, discussion occurred in regard to the search for a County Manager and the options available to the Board. Commr. Swartz suggested that the Board bring the present phase of the search to a close, and move forward with other options.
Commr. Gerber stated that, if the Board was considering dropping the remaining three candidates from the list of applicants or readvertising, the Board should consider asking the Interim County Manager, Ms. Sue Whittle, to consider the position of County Manager.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to instruct Mr. David Donaldson, David M. Griffith & Associates, to notify the final three candidates, who had been interviewed for the position of County Manager, that the Board appreciated their interest in the position of County Manager; however, the Board was not interested in continuing consideration of their employment as County Manager for Lake County.
Discussion continued in regard to the options available to the Board at this time; and it was the decision of the Board to direct staff to prepare an agenda item for the July 25, 1995 Board of County Commissioners Regular Meeting to continue the discussion on the County Manager and County Attorney; and authorize the Chairman to talk with Ms. Sue Whittle, Interim County Manager, to determine whether Ms. Whittle would consider the position of County Manager.
Ms. Sue Whittle, Interim County Manager, informed the Board that dates needed to be set for the continuation of the budget workshop and the public hearing dates for the budget. It was the decision of the Board to schedule the following budget meetings:
Budget Workshops: July 25, 1995 BCC Regular Meeting
July 26, 1995 (Tentative)
July 27, 1995 (Tentative)
Set Tentative Millage: August 1, 1995 BCC Regular Meeting
1st Public Hearing: September 12, 1995 at 6:00 p.m.
2nd Public Hearing: September 20, 1995 at 6:00 p.m.
RECESS & REASSEMBLY
At 11:35 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present a brief overview of the history of the Special Assessment Program for roads and to request input from the Board on the methodology used for these assessments as well as financing options. He introduced Mr. Tom Giblin, Nabors, Giblin & Nickerson, P.A.; and Mr. Rick Patterson, Public Financial Management, Inc., who were present this date to discuss the Special Assessment Program, and various financing methods. Mr. Stivender stated that the Board provided for the Special Assessment Program currently in place in April 1982, and the Lake County Road Policies were adopted in July 1982 and set in place the procedures to be followed for the special assessments. He stated that the Ninth-Cent Gas Tax was passed by the Lake County electorate at the November 1992 General Election. He explained that currently petitions are requested from fifty-five (55%) percent of the property owners representing fifty-five (55%) percent of the total front footage of property. He explained that the interest rates have been at twelve (12%) percent over a period of seven (7) years, and there have been seventy-nine (79) special assessment projects, with the owner's portion of these special assessment projects being $3,995,111.37, and the County portion being $2,727,846.77, for a total of $6,722,958.14. He stated that the Board had expressed concern regarding the twelve (12%) percent interest rate currently being charged on the special assessments being financed, and direction had been given to staff to look at alternatives.
Mr. Rick Patterson, Public Financial Management, Inc., provided a brief history of the road improvement program and assessment program in Marion County, and noted that PFM has been financial advisor for Marion County since 1987, and Nabors, Giblin and Nickerson has been bond counsel to Marion County. He stated that Marion County had asked PFM and Nabors, Giblin and Nickerson to look at alternatives to financing special assessments internally. He stated that Marion County chose the option of issuing a Request for Proposal (RFP) from the local banks, allowing the banks to provide a competitive proposal based on the credit to determine the interest rate. He stated that, in 1990, Marion County decided to have the assessments appear on the tax bills; rebid the package to the local lenders, providing the lenders several options; and request that they provide the County the lender interest rates or provide a formula for calculating the interest rates. He clarified that this option allowed the County to develop the RFP, develop the bid documents for the bank, and allowed the banks to submit a competitive interest rate proposal back for the program. He stated that the bid documents are developed with the rate tied to the U.S. Treasury Security whose maturity most closely matches the average life of the loan. He stated that the property owners who do not want to incur the financing costs and interest expense associated with the financing are able to prepay upfront. He explained that, by way of comparison in Marion County with the programs ranging from three years to seven years, the interest rate historically have been in the four (4%) percent to seven (7%) percent range which was significantly less than the twelve (12%) percent that Lake County was charging. At this time, he discussed financing costs in addition to the interest costs, and suggested that, in lieu of financing one at a time, the projects be delayed and one to two financing per year occur so that when the bonds are issued, there was a larger dollar amount over which to share the fixed financing fees. He discussed a program associated with Nabors, Giblin and Nickerson, which involves using a variable rate or interim financing technique on the front end so, in place of a closed fixed rate loan, a commercial paper program or a line of credit is developed and financing occurs on an interim basis until there are sufficient projects for a fixed rate financing. He requested direction from the Board in regard to whether Lake County was interested in developing this type of local lender financing program. He stated that they would come back to the Board at a future date with a shopping list of options, discuss with the Board the advantages and disadvantages of different types of programs, and let the Board tailor make a program that suits Lake County's individual needs. At this time, discussion occurred in regard to the program presented by Mr. Patterson.
Mr. Tim Hoban, Senior County Attorney, stated that currently the County has an agreement with T. Keith Hall, Tax Collector, to bring all of the assessments up to date. He stated that the County would have all outstanding road special assessments on the tax bill by 1996. At this time, discussion occurred in regard to special assessments billed on the tax rolls.
Commr. Swartz stated that the Board agrees with the concept presented by Mr. Patterson this date and requested that a draft ordinance be brought back to the Board for further discussion.
Mr. Giblin briefly discussed the assessment ordinance which would reflect Lake County's needs and would exercise the County's homerule powers, which allows the County to write their own ordinance in terms of how the assessments are levied, and tailored to Lake County's individual needs. He stated that the only requirement legally was due process.
At this time, Mr. Stivender stated that there were a number of questions that have come forth over the years, and staff was requesting direction from the Board on a number of issues.
Mr. Stivender questioned if the Board wished to continue financial participation in special assessments on unmaintained roads and, if so, should the percentage of participation remain at the current level of thirty-three (33%) percent on unmaintained roads classified as Neighborhood Collector Roads, and fifty (50%) on Neighborhood Local Roads. He stated that staff recommends that thirty-three (33%) percent participation be continued only on unmaintained roads classified as Neighborhood Collector Roads and that participation be discontinued on Neighborhood Local Roads.
Commr. Swartz stated that, given the state of the finances in the County Transportation Trust (CTT) Fund, the County should go to the thirty-three (33%) percent; however, provide flexibility to modify the policy in specific cases.
Extensive discussion occurred in regard to the percentage of participation in the assessment program; at which time it was the decision of the Board that the feeder distributor collector road would be at fifty (50%) percent participation, and all others would be at thirty-three (33%) percent participation.
Mr. Stivender questioned if the Board wanted to expand the Special Assessment Program to include unmaintained roads that were opened or created after the development of the September 1981 listing of eligible roads and, if so, did the Board want to participate financially. He stated that the County has had to caution against picking up thirty-three (33%) percent for a development. He stated that staff recommends that, if the Board wishes to include recently opened or created roads, that the assessment only be managed by the County and that no County funding be included.
Commr. Swartz expressed concern that the County not subsidize what a developer should be paying, and that the percent of lots in single ownership should be a low number. He questioned what the policy was in regard to whether the County would share in the assessment for the old lot of records which were prior to September of 1981. He further expressed his concern with the pre 1981 list versus post 1981 list. He suggested that staff create a policy that would address the percent of single ownership, and assure that the County not subsidizing what a developer should be paying.
At this time, it was the decision of the Board to leave the policy for the Special Assessment Program for unmaintained roads that were opened or created after the development of the September, 1981 listing of eligible roads unchanged at this time, and staff was requested to provide some examples of the pre 1981 list versus the post 1981 list.
Mr. Stivender questioned if the Board wanted to expand the Special Assessment Program to include County maintained clay roads. He stated that residents were concerned about this issue and have questioned why they should provide a right-of-way if the County was going to assess them for paving the clay road in front of their house. He explained that the residents are informed that the County does not do assessments on clay roads; however, the question continues to be asked, and there has been no discussion with the Board on this issue. He stated that staff recommends that the existing criteria not be changed, and that the value of the right-of-way acquired by donation on projects offsets the need for an assessment.
Commr. Swartz suggested that the criteria for County maintained clay roads be based on special assessment rather than the County paving said roads. He questioned if there was any value in designating different types of roads to determine if a special assessment was appropriate. He requested that staff develop policies and examples of situations for the Board to review.
Mr. Stivender questioned if the Board wanted to expand the Special Assessment Program to include the resurfacing of residential streets, sidewalks, paved multi-purpose shoulders and stormwater enhancements. At this time, he presented recommendations, and discussion occurred in regard to the following:
A. Resurfacing should remain a County responsibility and not be part of an assessment. It was the decision of the Board to continue resurfacing until the County runs out of money, at which time special assessment begins.
B. Sidewalk maintenance should be the County's responsibility. However, new sidewalks, in existing subdivisions should seriously be considered within neighborhoods for assessments, with no County financial participation. It was the decision of the Board that sidewalk maintenance should be the County's responsibility. Staff was directed to review and develop commercial sidewalk criteria, particularly for areas designated Urban and Urban Expansion.
C. Paved multi-purpose shoulders should remain a capacity enhancement issue and continue as part of our impact fee program.
D. Stormwater enhancements should be considered for assessments. However, more serious thought needs to be given for countywide stormwater maintenance funding. Mr. Stivender stated that this issue would be brought back to the Board at a later date.
ROADS-COUNTY & STATE/PUBLIC SERVICES
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present discussion regarding transportation issues such as the Clay to Paved Priority Program, arterial road networks, and the interconnection of subdivisions. It was noted that Mr. Donald Griffey, Director of Engineering; Ms. Kathy McDonald, Special Projects Coordinator; and Ms. MaryAnn Bardon, Transportation Engineer, were present for the workshop.
Mr. Stivender stated that staff was in the process of moving forward on qualifying for Metropolitan Planning Organization (MPO) status, and November 7, 1995 has been tentatively scheduled for a workshop to present an outline and timetables for MPO status. He noted that Ms. Nancy Houston, District Director, Florida Department of Transportation (FDOT) and the FDOT Planning Department would be present on November 7, 1995.
Ms. MaryAnn Bardon, Transportation Engineer, stated that ISTEA would be revisiting the Metropolitan Planning Organization issues in 1997, and she suggested that there was a chance that Lake County could be designated MPO status, if the Board wished to move forward at this time and pursue the MPO designation. She stated that Lake County would have to be authorized by the Bureau of Census in Florida Statutes for funding.
Mr. Stivender stated that staff was looking at this issue as a non-funded scenario; however, if the County did obtain funding, there would be a windfall reimbursement, and the funding would be an added incentive to continue and expand.
Mr. Don Griffey, Director of Transportation, stated that there were several issues that staff wanted to bring before the Board in regard to transportation. He directed the Board's attention to an outline that had been provided prior to the start of the meeting. He discussed concurrency and explained that transportation was one of the tests that the development community had to undergo as part of Concurrency Management. He discussed the US 441 corridor as one of two roads in the County that bear close watching and noted that the US 441 corridor was the most critical. He discussed a data base program which provides an analysis of a road, the volume, the adopted level of services (LOS), and the volumes associated with the LOS and explained that, based on that approach, US 441 falls into the negative, and has exceeded LOS capacity based upon generalized planning tables. He explained that one of the dilemmas with concurrency and with development and access management was the lack of control in the cities.
Ms. Pat Mayhill, City of Eustis, appeared before the Board to discuss the City of Eustis' site plan review process and explained that the Department of Transportation, the County, the School Board and two utility companies have been included in the City's site plan review process. She stated that this was one issue that could possibly be ironed out as one of the conditions of the Joint Planning Areas.
Mr. Jim Richards, Public Works Director, Town of Lady Lake, noted that the Town of Lady Lake's Level Of Service only applies within that urban community, and does not apply beyond.
Mr. Griffey discussed the Florida Standard Urban Transportation Model Structure (FSUTMS), which was done for the year 1989 as part of the Comprehensive Planning effort, and stated that the population data used was brought forward from the 1980 Census data. He explained that it was one of the goals in the Lake County Comprehensive Plan to rerun the model for Census Year 1990. Ms. Bardon discussed the cost of over $100,000.00 for the Transportation Study; and stated that she had discussed with the Florida Department Of Transportation who would assist in the review process. She stated that Lake County would probably have matched funds of approximately $100,000.00 by using the FDOT consultant, and since Lake County was not an MPO, FDOT has agreed to help with the funding.
Mr. Griffey explained that the purpose of getting a new celebrated model was to look at the model as it applies to the County's Land Use Map. He explained that when the County went through the comprehensive planning effort and developed the model, the future years were modeled based upon the population growth projections that were provided by the University of Florida. He stated that the Land Use Map indicated populations in excess of what was used in the model. He stated that the future years that are showing in the Traffic Circulation Element do not reflect what has been adopted as Lake County's future land use. He stated that the updated calibrated model for the year 1990 would provide a truer picture of Lake County's future transportation needs.
At this time, Mr. Griffey displayed on the monitor a map outlining approved developments presently on the books, and new roads or new corridors, at which time, he briefly discussed the location of said roads. He stated that one of the outcomes of the process was to bring a corridor map to the Board for adoption, and as developments come forward, request that said development work with the County on getting the roads in place.
Commr. Swartz stated that the County should seriously look at retrofitting some of the roads as a way of improving Level of Service on our existing major highways.
Discussion occurred in regard to the Bicycle/Pedestrian Plan, at which time Ms. Bardon expanded on the installation of sidewalks around developments on major roadways. Commr. Swartz interjected that he would agree that installation of sidewalks should be based on land use designation and that urban/urban expansion should clearly be the priority areas.
Mr. Griffey explained that at the time that the County redrafted the Land Development Regulations, a provision was added in the Transportation section which stated that, if a development fronts along a road that has an identified improvement in an adopted pedestrian plan, that development was required to put in sidewalks. He stated that the County does not have an adopted Bicycle/Pedestrian Plan in place at this time that identifies road improvements; however, the provision of the code can be enforced once the Bicycle/Pedestrian Plan is in place.
Ms. Mayhill stated that the City of Eustis was in the process of developing a Bicycle/Pedestrian Plan, and it was very important that the City and the County work together to coordinate the plans.
Ms. Bardon briefly discussed the Safety Management System and explained that Lake County was collecting crash reports for input into a data base and said reports would be analyzed to locate problems throughout the County. She stated that Lake County would form a Community Traffic Program, and a team comprised of Engineering, Enforcement, Emergency, and Education would be developed to discuss problem areas and solutions.
At this time, Ms. Bardon discussed the possibility of Lake County having a federally funded position which would be funded at one-hundred (100%) percent the first year, seventy-five (75%) percent the second year, and fifty (50%) percent the third year. She explained that this position comes under a 402 Grant and that the papers for this position would need to be submitted prior to October 1, 1995.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.
RHONDA H. GERBER, CHAIRMAN
JAMES C. WATKINS, CLERK