The Lake County Board of County Commissioners met in regular session on Tuesday, August 15, 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: Sanford A. Minkoff, 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. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Hanson requested that a request for Public Services to haul fill dirt to Astor Park be added to the agenda under Commissioners' Business.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, the Board approved to add a request for Public Services to haul fill dirt to Astor Park to the agenda under Commissioners' Business.
The motion carried by a 4 - 0 vote.
Commr. Good was not present for the discussion or vote.
Minutes
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of July 10, 1995, Budget Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of July 13, 1995, Budget Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of July 18, 1995, Regular Meeting, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed/Budget Transfers
Request for approval of Budget Transfers from the Finance, Audit and Budgets Department, as follows:
BUDGET TRANSFERS:
Fund: General
Department: Constitutional Officers - Sheriff
From: Contingency - Sheriff $20,000
To: Transfer/Law Enf. - Operating $20,000
Transfer #: 95-263
Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $20,000 of the Sheriff's Contingency money be transferred into his operating account.
Fund: Ambulance Fund
Department: Fire & Emergency Services
From: Contingency $4,131
To: Professional Services $4,131
Transfer #: 95-264
Justification: To pay for Impact Fee Study as directed by the Board of County Commissioners.
Fund: General
Department: Planning
From: Several $243,350
To: Several $243,350
Transfer #: 95-265
Justification: The Cost Center for the Community Development Block Grant is being divided into various accounts to produce sufficient detail for State CDBG Auditors and to comply with CDBG Financial Management Rules.
Bonds-Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
4628-95 Daniel R. Herndon dba Star Management
4863-96 Campbell Limited, Inc. dba Campbell Construction
5390-96 Jim Percy Air Conditioning & Heating, Inc.
5391-95 Samuel F. Sears
5392-95 Mark A. Wodz dba Quality Electric
5245-95 Jan Denelsbeck dba DeLight Electric
5393-96 Lennar Homes, Inc./E.B. Hacker
5394-95 W. Scott Bowlin
5395-96 Knowles Construction & General Contracting, Inc.
Cancellation
5286-95 Burton Markert
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Jonathan Keith Tallman, Case No. 94-723-CFA, in the amount of $250.00.
Request for approval of Satisfaction of Judgment for Jonathan Keith Tallman, Case No. 94-1489-CFA, in the amount of $250.00.
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Municipalities/Ordinances
Request to acknowledge receipt of City of Eustis Annexation Ordinance 95-18 voluntarily annexing that property being approximately 5.89 acres of vacant land on the north side of Pine Meadows Golf Course Road into the corporate limits of the City of Eustis; and City of Eustis Annexation Ordinance 95-19 annexing the Pizza Hut Restaurant property being approximately .37 acres of land at 1597 State Road 19A into the corporate limits of the City of Eustis, Florida.
Request to acknowledge receipt of City of Eustis Annexation Ordinance 95-20 voluntarily annexing the Margaret Dowis property being approximately .69 acres of land at the southeast corner of U.S. 441 and Dillard Road into the Corporate limits of the City of Eustis; and City of Eustis Annexation Ordinance 95-21 annexing the Allen Silbernagel vacant property being approximately 4 acres of land at the northeast corner of County Road 19A and Dillard Road into the corporate limits of the City of Eustis, Florida.
Request to acknowledge receipt of City of Fruitland Park Annexation Ordinance 95-006 annexing property to the City of Fruitland Park, Florida, generally located at the western end of Berckman Street, and generally known as Veteran's Memorial Park; providing for PFD (Public Facilities District) zoning of the property; and providing for an Institutional Comprehensive Plan Land Use designation for the property.
Budgets/Grants
Request to acknowledge receipt of Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 1995-96.
ADDENDUM NO. 1
Contracts, Leases & Agreements/Budgets
Request for approval and authorization for the Chairman to sign updated signature cards, depository authorization, and Funds Transfer Agreement for the Certificates of Indebtedness Sinking Fund Account at First Union.
COUNTY ATTORNEY
At this time, Commr. Gerber introduced Mr. Sandy Minkoff the new County Attorney for Lake County.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Sue Whittle, Interim County Manager, requested that Tab 22, acceptance and execution of an Agreement between the Board of County Commissioners and Arlie and Linda Jarrell for a Temporary Non-Conforming Zoning Use to place a mobile home on property located at 18248 State Road 19 while the conventional home is being built, be pull for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following request, with the exception of Tab 22:
Accounts Allowed/Indigents
Request for approval of payment of Orlando Regional Medical Center bill, in the amount of $34,719.57, for a Lake County resident under the Health Care Responsibility Act for an inpatient hospital stay.
Contracts, Leases & Agreements/Affordable Housing
Request for approval and execution of the Consolidated Contributions Contract for Project FL135E9005.
Contracts, Leases & Agreements
Request for approval and authorization for the Chairman to execute Renewal of Lease between Lake County and Lake Agriculture and Youth Fair Association, Inc. for Fiscal Year 1995-1996.
Accounts Allowed/Contracts, Leases & Agreements/State Agencies
Request for approval and authorization for Chairman to execute Radiological Emergency Preparedness Agreement between the State of Florida Department of Community Affairs and Lake County for Fiscal Year 1995-1996; and approval to encumber and expend funds in the amount of $825.00.
Human Resources
Request for approval to hold a Health and Benefits Fair on Thursday, October 5, 1995, at the Lake County Cooperative Extension Service Center.
Human Resources/County Employees
Request for approval and authorization for the Chairman to execute a Safety Policy Statement; subject to final review and approval by the County Attorney.
Grants/Planning/State Agencies
Request for approval to apply for the 1995-1996 Planning Grant for Non-Sponsored Planning Related Services for the Transportation Disadvantaged Coordinating Board; and authorization for the Chairman to execute the 1995-1996 Planning Grant Application and submit to the Florida Commission for the Transportation Disadvantaged.
Contracts, Leases & Agreements/Subdivisions
Request for acceptance and execution of Agreement between Lake County and J.E. Jones Construction Company for the issuance of no more than two building permits prior to the acceptance and recordation of the final plat - development of 331 units in Section 26, Township 24, Range 26 - Commission District 2.
Accounts Allowed/Bonds/Roads-County & State
Resolutions/Subdivisions
Request for acceptance of Final Plat for Phase III, Wolfbranch Village; acceptance of Maintenance Bond in the amount of $90,348.00; and approval of Resolution No. 1995-165 accepting Wolf's Trail (#4-4784) and Cougar Court (#4-4783B) into the County Maintenance System; subject to final review and approval by the County Attorney.
Accounts Allowed/Bonds/Subdivisions
Request for approval of release of Maintenance Bond for Greater Pines in the amount of $25,256.49.
Accounts Allowed/Bonds/Contracts, Leases & Agreements
Subdivisions
Request for approval of release of Maintenance Bond for Rolling Hills Plat in the form of an Escrow Agreement for maintenance in the amount of $3,800.00 - Commission District 2.
Request for approval of release of Maintenance Bond for Preston Cove Subdivision in the form of an Escrow Agreement for Maintenance in the amount of $35,900.00 - Commission District 2.
Request for approval of release of Maintenance Bond for Louisa Woods Subdivision in the form of an Escrow Agreement for Maintenance in the amount of $4,334.80 - Commission District 2.
Accounts Allowed/Bonds/Subdivisions
Request for approval of release of Maintenance Bond in the form of an Irrevocable Letter of Credit for Villa City Blocks 66, 67, 68, and 69 A.K.A. Groves of Lake Emma Plat, in the amount of $9,400.00 - Commission District 2.
Request for approval of release of Maintenance Bond in the form of an Irrevocable Letter of Credit for Wedgewood 7th Addition in the amount of $10,100.00 - Commissioner District 5.
Request for approval of release of Maintenance Bond in the form of an Irrevocable Letter of Credit for Wedgewood 6th Addition in the amount of $10,100.00 - Commissioner District 5.
Contracts, Leases & Agreements/Zoning
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Walter and Kathleen Bliznakoff for a Temporary Non-Conforming Zoning Use to place a 5th wheel trailer on property located at 33101 Equestrian Trail while the conventional home is being built - Commission District 4.
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Ralph and Lauri Palmer for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located at 11339 Dwights Road while the conventional home is being built - Commission District 2.
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Benjamin and Leona Blasingim for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located North of Griffin Avenue while the conventional home is being built - Commission District 5.
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Robert and Connie Price for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located on 1703 Magnolia Island Blvd. while the conventional home is being built - Commission District 2.
Request for acceptance and execution of an Agreement between the Board of County Commissioners and Clyde and Sandra Nelson for a Temporary Non-Conforming Zoning Use to place a travel trailer on property located at 9715 Orange Blossom Road while the conventional home is being built - Commission District 3.
Deeds/Rights-of-Way, Roads & Easements/Zoning
Request for acceptance of a Non-Exclusive Easement Deed from Highland Growth Properties for the creation of three lots in Agriculture zoning off of State Road 33 - Commission District 2.
Request for acceptance of a Private Non-Exclusive Easement Deed from Holly Potter for the creation of two lots in Agriculture zoning off of Sloan Ridge Road (#2-1503) - Commission District 2.
Request for acceptance of a Non-Exclusive Easement Deed from Mariann Burgess for the creation of five lots in Agriculture zoning off of County Road 44-A - Commission District 4.
Request for acceptance of a Non-Exclusive Easement Deed from John Kennedy for the creation of six lots in Agricultural zoning off of Lake Seneca Road (#4-5983) - Commission District 4.
County Property/State Agencies
Request for approval to transfer to the Florida Game and Fresh Water Fish Commission the following property which was purchased for them from the Fish Conservation Fund: Property No. 15411 - Field Sampling Detector; Property No. 15604 - Fish Tag Detector; and Property No. 15410 - Tag Injector.
Mosquito-Aquatic Plant Management/State Agencies
Request for approval and execution of Detailed Work Plan Budget for Arthropod Control for Fiscal Year October 1, 1995 through September 30, 1996.
Rights-of-Way, Roads & Easements/Subdivisions/Road Closings
Request for approval to advertise Road Vacation Petition No. 800 by Frank H. Haas, Leisure Communities, Ltd., to vacate drainage easement, Pennbrooke Phase 1-G, Section 19, Township 19, Range 24, Leesburg area - Commission District 1.
Request for approval to advertise Road Vacation Petition No. 801 by R. Scott Hutcheson, Harbor Hills Country Club, to vacate drainage and utility easement, Harbor Hills Unit 1, Section 13, Township 18, Range 24, Lady Lake area - Commission District 5.
Request for approval to advertise Road Vacation Petition No. 802 by Joe J. Swiderski to vacate Tract "A", Kings Cove Subdivision, Unit 7, Section 1, Township 19, Range 24, Fruitland Park area - Commission District 1.
Roads-County & State/Municipalities
Request for acceptance of Maintenance Map for a portion of Bates Avenue (#4-5771).
Deeds/Road-County & State
Request for acceptance of the following Statutory Warranty deeds:
Road Right-of-Way Deeds/Easements:
Agnes T. May and Bette M. Whitaker, Trustees of the O. Clifton May Trust
Agnes May, Trustee
Barbara S. Harvison and John R. Schrieffer
The right-of-way runs west from State Road 19, Section 6, Township 20 South, Range 26 east and appears to be named Slim Haywood Avenue.
Road Right-of-Way Deeds/Easements:
The Umatilla Fruit Company
Baker Road #5-8074
Roger Giles Road #5-7974
Thomas J. Gregg, individually and as Attorney-in-Fact
Crossen Street
Clyde H. Burhans
Burhans Road #5-6981
Deeds/Roads-County & State
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 1658
Applicant: Florida Food Products, Inc.
Location: Fort Mason Subdivision, Eustis
Recommend: Reserve 58 feet from centerline on County Road 44, per letter from Michael G. Stearman, City Manager, City of Eustis.
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 1826
Applicant: Billy Darryl Lucroy and Teresa Lynn Lucroy, his wife
Location: Lots 55-59, Block 2, Eustis Park Subdivision "A", Dona Vista Area
Recommend: Reserve 25 feet from the centerline of right-of-way on Pine Drive, and reserve 25 feet from the centerline of Umatilla Place #5-6959.
Request for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Deed No: 2484
Applicant: Johan P. Stabler and Elizabeth A. Stabler, his wife
Location: Mt. Plymouth, Section "A", Lots 13 and 14, Block 47
Recommend: Reserve 25 feet from centerline on Sackamaxon Drive (#4-4289) and reserve 25 feet from centerline on Druid Hills Street (reserve platted right-of-way).
Accounts Allowed/Bids/Budgets
Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposals and Professional Services.
DIVISION AMOUNT
SOLID WASTE $774,000.00
Authorization to reject quote #Q-2-5-33, Used Heavy Equipment (Landfill) and rebid under revised specifications. The Solid Waste Department requested quotes for a used Water Wagon, Track Excavator, Wheel Loader, 4 x 4 Articulated Truck and Dozer. The Board authorized Purchasing to waive bid requirements and accept quotes at their February 21, 1995 Board Meeting. The Office of Purchasing received eight quotes on April 25, 1995. Solid Waste did a detailed evaluation of the quotes and their recommendation is stated in the attached Comparative Equipment Report (Attachment 1.). We have worked closely with Solid Waste in doing this comparative and concur with their recommendation to reject the quotes on used equipment and rebid under revised specifications for new equipment. In reviewing Solid Waste's Comparative Equipment Report and Purchasing's spread sheet (Attachment 2), it would not be in the County's best interest to purchase used equipment from this quote. The prices we received on the used equipment are not economical when compared to new equipment prices and the numerous advantages of new equipment compared to used equipment. Funding for this is from Account #420.4546270.534.8600640 and was budgeted in Fiscal Year 1994-95.
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
DIVISION AMOUNT
SOLID WASTE $89,900.00
Ringhaver Equipment/Authorization to waive bid requirements and sole source the rebuild of Solid Waste's 1986 Caterpillar 936 Loader. Ringhaver is the only authorized Original Equipment Manufacturer (OEM) for the Lake County area for Caterpillar equipment. Per Lake County Policy LCC-18, OEM repairs can be exempt from the competitive bid process, however, repairs over $25,000 requires Board approval. Solid Waste originally received Board approval during the FY 1994-95 Budget process to purchase a second larger loader, but as explained in the attached letter from Claire Bartlett, Solid Waste Disposal Operations Manager, it is recommended that the smaller 1986 Loader be rebuilt instead of purchasing a new larger Loader at a savings of approximately $178,100.00 (Attachment 3). Funding for this is from Account #420.4546270.534.8300460.
Grants/Solid Waste
Request for approval and authorization for Chairman to execute the Third Quarter Reimbursement Request for the 1995 Waste Tire Grant Reimbursement Grant #WT95-33; and authorization for the Chairman to execute future reimbursement request for Fiscal Year 1994/95 as needed.
Accounts Allowed/Assessments/Solid Waste
Request for approval to waive special assessment balances for the following accounts:
#653014 Reefie Holloway $ 5.88
#654604 Patsy McLaughlin $ 5.22
#752020 Daniel Sumner $60.06
Accounts Allowed/Assessments
Request for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens, as follows:
Hilltop-Sorrento Lot 8
John Lovelady $2,404.47
Highland Lakes Subdivision
Allen R. & Joan K. Robinson $1,130.52
Allen & Joan Robinson $1,130.43
Gary G. & Tina L. Kennedy $ 350.67
Mt. Plymouth Subdivision
Robert L. & Cynthia J. Bellamy $2,237.06
Astor Forest Campsites
Donald E. Pember $3,296.94
Donald E. Pember $1,720.98
Donald E. Pember $1,729.79
Fred W. Bellew $1,262.95
Frederick W. Bellew $2,145.51
Joe J. Fleming Estate $1,602.54
Palms Mobile Home Estates
Maurice A. & Betty J. Jenness $ 873.61
Betty J. Jenness $ 873.97
David W. & Ruby D. Sankey $ 873.97
Ocala Forest Campsites
Charles J. Laskowski & Sheree Anne Street $ 543.63
South Pine Lakes Subdivision
Frank E. Holt, Jr. & Linda C. Holt $ 588.86
Sorrento Shores
Sylvester Griffis $1,634.76
Milton E. Starr, III $4,752.64
Sylvester & Tamara R. Griffis $3,831.16
Hilltop Subdivision
Eleanore K. Jernigan, Et Al $1,396.99
Assessments/Resolutions/Roads-County & State
Request for approval and authorization for the Chairman to execute Resolution No. 1995-166 correcting the assessment roll for SA-82, West Griffin Drive, for Robert and Irene Smith.
CONTRACTS, LEASES & AGREEMENTS/ZONING
Ms. Sue Whittle, Interim County Manager, stated that the request for acceptance of an Agreement between the Board of County Commissioners and Arlie and Linda Jarrell for a Temporary Non-Conforming Zoning Use to place a mobile home on property located at 18248 State Road 19 while the conventional home was being built had been pulled from the County Managers' Consent Agenda due to an adjacent property owner who wished to discuss this issue with the Board.
Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board and explained that an adjacent property owner had objection to a mobile home being placed on the property. He explained that a building permit was good for six (6) months with a renewal period and that one (1) to two (2) years was the normal time period for a Temporary Non-Conforming Zoning Use for placement of a mobile home on property while a conventional home was being built.
Commr. Swartz requested that the acreage be included on future requests for Temporary Non-Conforming Zoning Uses to assure that acreage requirement are being met in the Ordinance. He stated that he does not recall any Temporary Non-Conforming Zoning Uses in the past few years that extended beyond the first six (6) months.
Ms. Pam Lee, an adjacent property owner, appeared before the Board in opposition to this request and stated that it was her understanding that the property owner had unlimited ability to renew a building permit once the mobile home was placed on the property. She expressed concern with the actual size of the property in question, noting that the 2.7 acres includes a pasture and one (1) acre easement. She further expressed concern that a general contractor was not involved in the building of the conventional home, and that the property owners had a July 1996 completion date which extends beyond the six (6) month requirement for the temporary zoning use.
Mr. Sandy Minkoff, County Attorney, explained that the first extension of a building permit was automatic as long as one inspection was requested during the first six month period. He further explained that the building official could determine not to grant additional extensions if the official did not feel that progress was being made after the first extension renewal.
Commr. Hanson expressed concern that the County has been lenient with granting Temporary Non-Conforming Zoning Uses within the one (1) year time frame, and stated that she was not in agreement with having a mobile home in a non-conforming area for longer than one (1) year. She suggested that the language be amended so that the temporary use was not extended beyond the one (1) year time frame.
Commr. Cadwell stated that he was not comfortable taking action on the request before the Board at this time for a Temporary Non-Conforming Zoning Use without the applicants present to present their side.
Commr. Good made a motion, which was seconded by Commr. Hanson, to postpone the request for acceptance and execution of an Agreement between the Board of County Commissioners and Arlie and Linda Jarrell for a Temporary Non-Conforming Zoning Use to place a mobile home on property located at 18248 State Road 19 while the conventional home was being built until July 22, 1995.
The Chairman called for a vote on the motion, which carried unanimously.
Ms. Lee requested that she be given the opportunity to review the applicants' plans.
Commr. Swartz stated that, based on review by staff and the County Attorney's office, documents that are subject to the Sunshine Law should be available to Ms. Lee for review. He requested that staff provide a recap of the mobile home Temporary Non-Conforming Zoning Uses in place and how long said uses have been in place. Commr. Hanson requested that staff also provide a recap of the number of non-conforming uses on less than a one (1) acre tract. Commr. Swartz further requested that Ms. Sue Whittle, Interim County Manager, assure that the other Temporary Non-Conforming Zoning Uses that have been approved this date, to place a mobile home on property while a conventional home was being built, were in compliance with the code that has been adopted by the Board.
PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN
ASSESSMENTS/RESOLUTIONS
Mr. David Crowe, Acting Solid Waste Management Services Director, appeared before the Board and explained that the "Village Green Municipal Service Benefit Unit" was established in Fiscal Year 1994-95 for the purpose of funding the cost of street lighting electrical service for the area. He stated that the rate has been reduced from $65.30 per parcel to $55.90 per parcel for Fiscal Year 1995-96.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the execution of Resolution No. 1995-167, adopting the "Village Green Municipal Service Benefit Unit" non-ad valorem rate schedule of $55.90 per parcel for Fiscal Year 1995-96; and the non-ad valorem assessment roll; subject to final review and approval by the County Attorney.
Ms. Cindy Heffler, Assessment/Customer Service Coordinator, stated that the non-ad valorem assessment rate schedule has been advertised for a period of four (4) years, as noted in Resolution No. 1995-167, Exhibit "A", so that a first class notice would not have to be sent every year to the property owners.
ASSESSMENTS/RESOLUTIONS
Mr. David Crowe, Acting Solid Waste Management Services Director, appeared before the Board and explained that the "Greater Groves Municipal Service Benefit Unit" was established in Fiscal Year 1993-94 for the purpose of funding general maintenance for the common areas. He stated that the rate has been reduced from $300.60 per parcel to $283.15 per parcel for Fiscal Year 1995-96.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the execution of Resolution No. 1995-168, adopting the "Greater Groves Municipal Service Benefit Unit" non-ad valorem rate schedule of $283.15 per parcel for Fiscal Year 1995-96; and the non-ad valorem assessment roll; subject to final review and approval by the County Attorney.
ASSESSMENTS/RESOLUTIONS
Mr. David Crowe, Acting Solid Waste Management Services Director, appeared before the Board and explained that the "Greater Hills Municipal Service Benefit Unit" was established in Fiscal Year 1989-90 as a Municipal Service Taxing Unit and was being reestablished as a Municipal Service Benefit Unit for the purpose of funding the general maintenance for the common areas. He stated that the rate for Fiscal Year 1995-96 was in the amount of $246.18 per parcel.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the execution of Resolution No. 1995-169, adopting the "Greater Hills Municipal Service Benefit Unit" non-ad valorem rate schedule of $246.18 per parcel for Fiscal Year 1995-96; and the non-ad valorem assessment roll; subject to final review and approval by the County Attorney.
ASSESSMENTS/RESOLUTIONS
Mr. David Crowe, Acting Solid Waste Management Services Director, appeared before the Board and explained that the "Greater Pines Municipal Service Benefit Unit was established in Fiscal Year 1994-95 for the purpose of funding the general maintenance for the common areas. He stated that the rate had been reduced from $245.81 per parcel to $245.04 per parcel for Fiscal Year 1995-96.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized the execution of Resolution No. 1995-170, adopting the "Greater Pines Municipal Service Benefit Unit" non-ad valorem rate schedule of $245.04 per parcel for Fiscal Year 1995-96; and the non-ad valorem assessment roll; subject to final review and approval by the County Attorney.
ASSESSMENTS/RESOLUTIONS
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board and stated that the Board had requested that the numbers be recalculated for the Special Assessment for SA-81 Palm Drive at a fifty (50%) percent participation for the County, and to direct those savings to the property owners on the north side of Palm Drive, resulting in a savings to the property owners on the north side of approximately forty (40%) percent.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved the request to award and authorize project number SA-81 Palm Drive, East Lake Harris Estates, Lump Sum Construction to Professional Dirt; encumber and expend funds in the amount of $76,957.00; and execute the assessment roll Resolution No. 1995-171 for the Palm Drive Special Assessment.
SUITS AFFECTING THE COUNTY/STATE AGENCIES
Mr. Sandy Minkoff, County Attorney, informed the Board that the Stipulated Settlement Agreement between Lake County and the State of Florida Department of Community Affairs in regard to the Florida Division of Administrative Hearings Case No. 94-5824GM, Department of Community Affairs v. Lake County and Pringle Communities and Charles E. Bradshaw, affects one of his current clients. He stated that he has not been involved in the negotiations of this case, and that Mr. Rolon Reed, Interim County Attorney, had negotiated the agreement before the Board at this time.
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board and stated that the Settlement Agreement before the Board was a Times Certain to adopt a Settlement Agreement with the Department of Community Affairs (DCA) to repeal Land Use Plan Amendment 94-1-1-2, which would reinstate the previous land use designation of rural on approximately 2,002 acres of property. He explained that the agreement that Mr. Rolon Reed, Interim County Attorney, had negotiated with DCA was an agreement that would remove from the map, as one amendment, the Pringle and Bradshaw properties and the properties in between.
Mr. Mark Knight, Chief Planner, Planning & Development Services, appeared before the Board and stated that the original amendment had been initiated by Charles E. Bradshaw.
At this time, Commr. Gerber opened the public hearing portion of the meeting.
Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A., representing Charles E. Bradshaw and Hi-Acres, provided a brief history of the facts leading up to the Settlement Agreement. She explained that her client had originally requested urban expansion, and, at that time, the County stated that suburban was a more appropriate land use classification, and the opinion of the County Attorney was that suburban land use classification would allow up to three (3) units per acre if the land developed as a Planned Unit Development. She explained that the County had suggested that the Pringle property be combined with the Bradshaw properties to spread out the density that had been approved, and the County then added additional territory, and initiated a Comprehensive Plan Amendment. She stated that a compromise was negotiated with the Department of Community Affairs, which was adopted by the Board as part of the last set of Comprehensive Plan Amendments. She stated that her client continued to go forward with the encouragement of the County to resolve this situation, and now find themselves in the position that DCA has appealed the Comprehensive Plan Amendment, and the County wants to rescind all of its prior agreements through a Settlement Agreement with DCA. She stated that the County has not acted in a fair and equitable manner throughout this process, and that, for the record, her clients were going to contest the Settlement Agreement. She stated that the County was not in compliance with the terms of Florida Statute, Chapter 163.318 (16), which govern adoption of compliance agreements and provides that the intervenors must be provided reasonable notice of negotiations, and negotiations must be opened to the public. She stated that the property owners, as formal intervenors in the process, have not been supplied amble notice and, therefore, the Settlement Agreement before the Board cannot be adopted at this time.
Mr. Steven Richey, Attorney, representing Pringle Development Company, appeared before the Board and stated that he had discussed with Mr. Rolon Reed, Interim County Attorney, a proposal to allow his client, as part of the Settlement Agreement, to develop the vested Development of Regional Impact (DRI), with density of 1,500 units, and to utilize the one hundred and seventy (170) acres of uplands that had been added to the Development Order, in November, as a non-substantial change to allow flexibility in the golf course. He stated that the Interim County Attorney indicated that he would communicate said proposal to Mr. Terrell K. Arline, Assistant General Counsel, Department of Community Affairs. Mr. Richey stated that he had discussed with Mr. John Baker, Department of Community Affairs, the proposal with regard to using the one hundred and seventy (170) acres for vested density, which would not require the Comprehensive Plan Amendment to be changed to suburban. Mr. Richey stated that he addressed a letter to the Interim County Attorney, dated August 11, 1995, indicating previous discussions, status of said discussions, and the response from DCA. He stated that it was his understanding that the Settlement Agreement would not be presented to the Board at this time, and that DCA would have the opportunity to review and respond to his client's proposed Settlement Agreement. He stated that he was requesting a two week postponement so that verification could be made of any communications with the Department of Community Affairs. He stated that, if the Board decided not to accept the proposal, he would urge the Board to accept the Comprehensive Plan Amendment. He requested that the Board not rescind a Comprehensive Plan Amendment that has been relied on by property owners; however, if the Board chooses to do that, he requested that the Board diminish the impact of the action by adding language that would allow his clients to utilize the one hundred and seventy (170) acres in some reasonable way consistent with the vested DRI.
Mr. Hoban indicated that the Interim County Attorney had kept him informed of the decisions and recommendations in regard to the Settlement Agreement and had assured him that the intervenors had been informed, and proper advertisements had been placed in the paper per Florida Statutes. He stated that the agreement before the Board at this time was the agreement that the Interim County Attorney had indicated that he would be proposing to the Board for approval.
Mr. James Crawford, Attorney, McQuire, Voorhis, & Wells, P.A., appeared before the Board and stated that a motion was pending to set up an administrative hearing toward the end of November; at which time, Mr. Richey interjected that a prehearing has been scheduled on November 17, 1995 before a hearing officer.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that he had voted for the Comprehensive Plan Amendment and would not be in support of entering into the Settlement Agreement.
Commr. Hanson stated that the amendment from rural to suburban was appropriate from a planning perspective particularly in conjunction with the vested Development of Regional Impact (DRI) in place with provision that it would be a Planned Unit Development (PUD) with utilities provided. She stated that the area in question was a natural growth area, and to lock in the zoning would put an unnatural impediment on a natural growth area.
Commr. Swartz stated that he voted against the transmittal and the adoption of the amendment because it was inconsistent with the Comprehensive Plan. He stated that it was a non-conforming Development of Regional Impact (DRI), and the County was essentially enlarging what was a non-conforming use within the Lake County Comprehensive Plan. He stated that he was in favor of entering into a Settlement Agreement, however, did not know whether he would support a Settlement Agreement that added one hundred and seventy (170) acres to the DRI. He stated that he would vote for the Settlement Agreement before the Board at this time, and would consider the addition of one-hundred and seventy (170) acres as a separate issue, if the County Attorney's office could assure the Board that the County has complied with all requirements under Florida Statute, Chapter 163.
Commr. Good made a motion, which was seconded by Commr. Swartz, to enter into the Stipulated Settlement Agreement between Lake County and the State of Florida, Department of Community Affairs, regarding the Florida Division of Administrative Hearings Case No. 94-5324GM.
Commr. Swartz requested that the motion be amended to include the stipulation that approval and acceptance of the Settlement Agreement be subject to further review by the County Attorney's office to assure that all of the necessary advertising and due process has been met per Florida Statute, Chapter 163.
Mr. Minkoff stated that it may be difficult or impossible for the County Attorney's office to confirm that discussions were or were not held. He recommended that the Board postpone this request to allow staff time to determine if the County has complied with Florida Statute, Chapter 163. He stated that staff would give complete notice to the intervenors of any discussions that occur.
At this time, Commr. Good withdrew his motion.
Commr. Good made a motion, which was seconded by Commr. Swartz, to postpone to a Times Certain, on September 5, 1995, at 9:00 a.m., consideration of a Stipulated Settlement Agreement between Lake County and the State of Florida, Department of Community Affairs, in regard to the Florida Division of Administrative Hearings Case No. 94-5824G, Department of Community Affairs v. Lake County and Pringle Communities and Charles E. Bradshaw, pending review by the County Attorney that all advertising requirements have been met.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to amend the motion to state that the County Attorney's office would continue to work with the intervenors and the Department of Community Affairs on the items of the Settlement Agreement during that time period.
Commr. Swartz stated that he would not support the amendment to the motion and that the Settlement Agreement before the Board at this time was the correct agreement.
Commr. Gerber stated that she would not support the amendment to the motion.
The Chairman called for a vote on the motion to amend the motion, which failed by a 2 - 3 vote.
Commr. Gerber, Commr. Good, and Commr. Swartz voted "No".
The Chairman called for a vote on Commr. Good's original motion, which carried unanimously.
RECESS & REASSEMBLY
At 10:58 a.m., the Chairman announced that the Board would recess, and reconvene at approximately 10:15 a.m.
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented the request for consideration of a Settlement of Winter Park Design & Build, Inc. v. Lake County, Case No. 95-995-CA-01, in the amount of $19,260.00.
Commr. Hanson stated that she did not support taking this issue to Court and would not support the motion because of the mistake made by staff and continued by the County Commission.
Commr. Swartz explained that the Settlement Agreement only pays for the costs that were incurred after the red tag was put on the construction of the pool until the Board took action to allow continuation of the construction of the pool, legal fees, and the difference in cost between the original pool contract, and the revised costs that were being charged by the pool contractor to remobilize and complete the construction of the swimming pool.
At this time, the Chairman opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Good and carried, the Board approved the Settlement of Winter Park Design & Build, Inc. v. Lake County, Case No. 95-995-CA-01 in the amount of $19,260.00.
The motion carried by a 4 - 1 vote.
Commr. Hanson voted "No".`
GRANTS/PLANNING/STATE AGENCIES
Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board to present the request to amend
the Activity Work Plans and Activity Budget related to the Community Development Block Grant (CDBG).
At this time, the Chairman opened the public hearing portion of the meeting.
There being no one present in the audience wishing to discuss this issue with the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board approved the Amendment to Activity Work Plans and Activity Budget related to the Community Development Block Grant; and authorization for the Chairman to execute all forms and certifications necessary for amendment submittal.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, the Board approved the appointment of Ms. Helen Elleck to the vacant position on the Transportation Disadvantaged Coordinating Board, as a Citizen Advocate Representative, with her term ending October 12, 1996.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
REPORTS
Mr. James Barker, Jr., Environmental Management Director, appeared before the Board to present this request.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, the Board approved the distribution of the 1995 Surface Water Quality Report (Synopsis); and authorization to distribute said report to public agencies, private entities and the public.
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. It was noted that no one present wished to address the Board.
TIMES CERTAIN
ROAD PROJECTS/ROADS-COUNTY & STATE
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present the County Five Year Road Program. He directed the Board's attention to the Transportation Construction Program for 1996-2000 and discussed the gas tax programs scheduled for each Commission District. He noted that the 1996 Countywide Resurfacing and Striping Program would be approximately $250,000.00, and the Sidewalk Project would be approximately $100,000.00. He discussed the Road Impact Fee Programs scheduled for each Commission District, and the ranking of said programs. Mr. Stivender brought up for discussion the Clay to Pave Evaluation Process and explained that the roads that have Commissioner District lines running down the middle have been added to a list of their own, and would be incorporated back into the program at a later date. He stated that a maintenance ranking had been added to the process to establish a light, normal or heavy maintenance problem on the clay roads throughout each Commission District. He noted that there were two hundred and six (206) miles of clay roads. He discussed the "Number of Homes Ranking" category and explained that the information was derived from 1994 aerial photographs of structures on the ground. He stated that there may be some clay roads that may qualify for impact fees because of their functional classification and traffic demand.
Commr. Hanson discussed the paving of Deerhaven Road, Paisley Road, and Maggie Jones Road and questioned if the Parks Service would agree to the paving of Deerhaven Road. Mr. Stivender responded that the Parks Service had not agreed to paving the roads, however, staff was prioritizing the roads to prove that there was a justification for paving said roads.
Mr. Stivender explained that this was a numerical process of ranking and that a five year program would be developed from this ranking. He discussed the funding of the clay roads and explained that the County paves approximately seven (7) miles of clay roads per year, and over a period of twenty years there would be approximately 70 miles of unpaved roads that the County would not have funds available to pave.
Commr. Good requested that staff provide numbers on the cost of maintenance of clay roads versus paved roads.
At this time, Mr. Stivender introduced those present in the audience from the Department of Public Services.
Mr. Jim Richards, representing the Town of Lady Lake, appeared before the Board and stated that the Town of Lady Lake was supportive of the County's Five Year Transportation Construction Program and were pleased that the Road Impact Fee Program would improve capacity.
Ms. Pat Mayhill, representing the City of Eustis, appeared before the Board to discuss the Merry Road Extension and expressed concern that the City of Eustis section of Merry Road had originally been listed as priority Number 2 and has been moved to priority Number 4. She stated that the City of Eustis has been working with the three property owners involved, who would be providing an enormous amount of right-of-way for this project, and that this project must remain on the fast tract.
No action was required on the Transportation Construction Program presentation at this time.
PURCHASING/REPORTS
Ms. Kelly Adams, Purchasing Manager, appeared before the Board to present the Issue Paper on the Reprographic Center and explained that the Board approved the implementation of the centralized Reprographic Center on March 15, 1994 with a high speed Xerox 5100 copier, the purchase of five (5) intermediate copiers, and eleven (11) low volume copiers. She stated that the Xerox 5100 could handle up to 400,000 copies per month, and the County's total average monthly volume was 331,718 copies. She stated that the goal for the Reprographic Center was to copy 65% of the total volume of copies produced by the County on the Xerox 5100. She stated that currently fifty-nine (59%) percent of the County's total copies are copied on the Xerox 5100, and the low and intermediate copiers are handling the other forty-one (41%) percent.
Ms. Vicki Runninger, Reprographic Technician, appeared before the Board to discuss the types of copy paper used, and stated that the Reprographic Center was using recycled paper for the Solid Waste Department and regular paper for all other departments. She explained that recycled paper was double the cost of regular white paper and was dirty paper, which results in more down time.
Ms. Adams stated that Purchasing was in the process of putting statistical information together for a paper bid for the County's total use, including colored paper, and would be dealing directly through the mills and the distributors that represent the mills. She stated that currently Ernie Morris Enterprises, Inc. was offering a lower cost than the state contract cost for copy paper. Ms. Adams stated that the County's copier maintenance cost prior to the implementation of the center was an average of $.024 per copy, which did not include toner and developer. She explained that the Reprographic Center's copier maintenance costs for the low and intermediate copiers was $.015 per copy which includes toner and developer. She stated that the Xerox 5100 maintenance costs, including toner and developer, was $.011, and the County has saved approximately fifty (50%) percent in maintenance and supply costs.
Ms. Adams stated that $.03 per copy was the charge for copies made by the Xerox 5100, which includes labor cost plus replacement costs, maintenance/supply costs and paper, and $.04 per copy for the low and intermediate copiers, which does not include labor, however, does include machine replacement costs, maintenance/supply costs and paper.
Ms. Adams stated that the goal of Purchasing for Fiscal Year 1995-96 was to encourage the departments, divisions and officers to utilize the Reprographic Center so that the Xerox 5100 produces sixty (60%) percent of the total copies made throughout the County.
No action was required on the presentation made by Purchasing at this time.
ADDENDUM NO. 1
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Jay Marshall, as a representative of Superintendent of Schools; and Mr. Robert Froeman, as a representative of the Program Administrator of the Department of Health Rehabilitative Services, on the Lake County Citizens' Commission for Children.
REPORTS
COMMISSIONER HANSON - DISTRICT NO. 4
MUNICIPALITIES/PUBLIC SERVICES
Commr. Hanson presented this request.
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board and explained that Astor Park was requesting that the County load, haul and spread fill dirt to the Astor Park football field site.
Mr. Chuck Pula, Recreation Coordinator, appeared before the Board and explained that Astor Park was in the process of building a football field which was the last item under recreation to be completed in their Master Plan.
Mr. Stivender stated that Public Services did have the capability of working this request in the work schedule. He explained that four truck and five operators, one from each Commissioner District, would be utilized, and hauling would be discontinued in the event that said trucks were needed elsewhere.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, the Board authorized the Department of Public Services to continue to use manpower and equipment to truck fill dirt to the park in Astor Park.
RECESS & REASSEMBLY
At 12:20 a.m., the Chairman announced that the Board would recess and reconvene at 2:00 p.m. for a Joint Meeting between Lake County School Board and the Board of County Commissioners.
TIMES CERTAIN
JOINT MEETING BETWEEN LAKE COUNTY SCHOOL BOARD AND THE LAKE
COUNTY BOARD OF COUNTY COMMISSIONERS
At this time, Commr. Gerber opened the Joint Meeting between the Lake County School Board and the Lake County Board of County Commissioners and introduced Lake County's new County Attorney, Mr. Sandy Minkoff. It was noted that the following individuals were present from the School Board: Ms. Kyleen Fisher, Chairperson, Ms. Judy Pearson, Vice-Chairperson; Mr. Randall E. Wiseman; and Mr. Tom Chapman. Others present representing the Lake County School Board were as follows: Mr. Tom Sanders, Superintendent of Schools; Mr. Robert Furnas, Finance Director; Mr. Jerry Cox, Assistant Superintendent for Business and Administration; and Mr. Gene Molnar, Supervisor of Growth and Development/Pupil Accounting.
Ms. Kyleen Fisher, Chairperson, Lake County School Board, discussed the Lake County School Board's position on the millage rate and stated that the School Board has tentatively accepted a millage rate of 9.678 and that the next public hearing on the millage was scheduled on September 12, 1995 at 5:05 p.m. Ms. Fisher directed the Board's attention to a memorandum, dated August 2, 1995, from Mr. Thomas E. Sanders, Superintendent, which addressed the Local Discretionary-Base; and Discretionary-Supplemental millage rates. It was noted that the above noted memorandum had been distributed to the Board prior to the start of the meeting this date.
Mr. Robert Furnas, Lake County School Board Finance Director, discussed the tentative millage rates that have been tentatively approved by the School Board. He explained that the required local effort was set forth in the Florida Education Finance Program and must be levied in order to participate in the state funds that are available, and that the proposed millage levy for Fiscal Year 1995-96 was 6.918. He further explained that the Discretionary-Base of .510 was for the General Operating Fund and may be levied at the discretion of the School Board. He stated that the Capital Outlay millage that the School Board was authorized to levy was 2.000 mills, and tentative approval has been given for 2.000 mills for Fiscal Year 1995-96.
Ms. Fisher explained that the Capital Outlay tax would generate approximately $9,840,000.00 to be used for construction and remodeling; maintenance, renovations and repairs; motor vehicle purchases; new and replacement equipment; and payments for educational facilities due under a lease-purchase agreement. At this time, Ms. Fisher discussed the above noted projects.
Mr. Tom Sanders, Superintendent of Schools, stated that the C.B. Griffin Education Center, located in Howey-in-the-Hills, could be used for classrooms or special programs should the School Board decide to do magnet type programs such as environmental centers, or performing art centers, or could be made into a school campus depending on money availability, and the School Board's desire. He stated that it was ideally located for administrative offices, and the School Board was considering the possibility of moving the media center to that area.
Ms. Fisher stated that the School Board has identified $130,000,000.00 in needs, and the budget does not accommodate those needs. She stated that the School Board had considered modular schools; however, it has been determined that the cost difference between the conventional construction price, and the modular construction price was minimal, and there was a significant difference in the longevity of the use of the facilities.
Ms. Fisher explained that the School Board came to the Board of County Commissioner with hope that the County Commission would be able to accommodate the School Board with some of the penny tax money. She stated that the School Board was committed to helping itself and would be very grateful for any assistance that the County Commission could provide. She stated that the public has indicated support of a portion of the penny tax money being used for the school system.
Mr. Tom Chapman addressed the dire need for a new school in South Lake County, North East Lake County, and the Fruitland Park area, and the need for additional room, desks, and text books because of the influx in student population.
Mr. Tom Wiseman addressed the overcrowding of classrooms at Roseborough Elementary School, and the need for a new school in the Sorrento area.
Ms. Fisher stated that many campuses were overloaded with modular classrooms and that the campuses were not only at seating capacity, but also sewage system capacity. She stated that the School Board could not accommodate all of the waste and affluent at the school sites because of the overcrowding situation.
Mr. Sanders stated that Lake County's population growth was second in Central Florida at sixteen (16%) percent, and that the classroom size was competitive with the number of children in the classroom locally and around the state.
Mr. Ed Havill, Property Appraiser, appeared before the Boards and encouraged the School Board and the County Commission to consider establishing an interlocal agreement between the School Board, the Cities, and the County for the purpose of building schools. He stated that the seven cent tax needs to be used to build schools.
Mr. Chapman stated that it was his understanding, at the previous joint meeting, that once the School Board exercised their prerogative as far as millage and taxation was concerned, the Board of County Commissioners would provide the School Board with assistance from the penny sales tax.
Commr. Hanson clarified that her intent was that she would be in support of funds going for enhancement programs, such as a Juvenile Justice Assessment Center, or a One Stop School Concept, to elevate some of the classroom situations in a partnership with the School Board.
RECESS & REASSEMBLY
At 3:00 p.m., the Chairman announced that the Board would recess for a short break due to a power failure.
JOINT MEETING BETWEEN THE LAKE COUNTY SCHOOL BOARD AND LAKE COUNTY BOARD OF COUNTY COMMISSIONERS (CONTINUED)
Commr. Cadwell discussed Lake County's responsibility to children and explained that the Board of County Commissioners have expended $250,000.00 per year on recreation facilities for children, the Citizens' Commission for Children has received $200,000.00 to $400,000.00 per year for programs for children, and the D.A.R.E. program has been funded. He stated that Lake County does more for children than most counties of comparable size.
Commr. Gerber stated that it was her understanding from the last joint meeting that the School Board and the Board of County Commissioners would work on a joint funding and grant project. She noted that economic development was the Board's number one priority, and schools were one of the number one issues in economic development.
Commr. Hanson responded to a comment from Ms. Fisher in regard to the proposed fairgrounds/expo center, and stated that the County has looked at the immediate needs of children; however, the Board was also looking long term, and the fairgrounds/expo center was a potential for job creation and tourism, and would generate dollars that would help fund jobs for parents. She stated that it was the consensus of the Board of County Commissioners to support education.
Commr. Good stated that not all education occurs in the schools, and the school system states that it takes a community to raise a child. He stated that the question was are the projects in the capital improvements list also helping to educate and build the community. He stated that there were many projects that are funded that help educate the community, and questioned whether it was the Board of County Commissioners' responsibility to build schools, or to enhance other programs and provide the community with educational opportunities.
Commr. Swartz stated that the monies that were being expended through the Citizens' Commission for Children did not come from infrastructure sales tax but from cuts made in other portions of the budget. He stated that he would be interested in a survey to determine what other County Commissions were doing to help children. He explained that County staff would be creating a five year capital improvements plan, and a five year overall budget plan. He stated that, once a five year plan has been established and there are no Legislature mandates particularly in the area of corrections, he would be willing to consider other projects.
Ms. Hope Lamb appeared before the Boards and expressed her appreciation to Ms. Fisher for bringing forth important facts, and to Commr. Gerber for acknowledging that the County funds non-profits, provides grants, and gives away money. She stated that the issue was what was the responsibility of the County to the taxpayers, and what was the County doing that was not the County's responsibility. At this time, she briefly discussed infrastructure sales tax monies.
Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Boards to address concerns expressed by Ms. Lamb in regard to infrastructure sales tax and explained that a line item had been created through the Finance, Audit and Budgets Department to allow for direct transfer of funds to the appropriate recipient of said funds.
Mr. Wiseman stated that the School Board and the citizens of the state must recognize that the child citizen of the State of Florida has a constitutional right to an education, and the School Board and the citizens have to provide said education. He stated that he would like to leave the meeting this date with the understanding that the County Commission was going to make an effort to make a definite impact on the education of our children.
Ms. Sandra Green appeared before the Boards and stated that education should become a part of the Lake County Comprehensive Plan to provide standards for levels of service that are going to be acceptable when new development comes in. She stated that impact fees need to be realistic and suggested, as a long range plan, the County consider a cooperative effort to purchase land for a central complex that would incorporate full service schools, and include recreation facilities.
Commr. Hanson stated that she would like to leave the meeting this date with the option for further discussion in regard to full service schools.
Commr. Swartz responded to comments made by Ms. Green in regard to an Educational Element in the Comprehensive Plan and stated that an Education Element would be an endeavor by the School Board, and he would encourage the School Board to consider an Education Element. He stated that the Board of County Commissioners would continue to offer technical help from the Planning and Development Services Department to help bring about an Education Element which would be a voluntary element of the State Growth Management Act. He stated that he continues to support concurrency in an Education Element.
Mr. Sanders stated that the problems of the School Board were the day to day operation and meeting the day to day needs. He stated that it was his understanding that the sales surtax could be used for this purpose. He stated that he would like to leave the meeting this date with the understanding that the Lake County School System has approximately $130,000,000.00 in needs to meet the needs that exist today in renovation, reroofing, and building of classrooms. He explained that, after the School Board pays back money required for indebtedness, approximately $35,000,000.00 remains, which leaves the School Board $90,000,000.00 short of funds not taking into account the growth that was expected to occur in the next five years.
DISCUSSION REGARDING VALUE ADJUSTMENT BOARD SPECIAL MASTER
Commr. Gerber brought up for discussion the issue of consideration of a Special Master for the Value Adjustment Board hearings. Commr. Gerber reviewed Florida Statutes, Chapter 194.035, and stated that the responsibility of a Special Master was to hear all of the cases of the Value Adjustment Board, make findings of fact and conclusions of law based on information from the individual, and make a recommendation to the Value Adjustment Board on those cases based upon his/her findings of fact and conclusions of law. She stated that the Value Adjustment Board then makes a decision on a parcel by parcel basis.
Mr. Ed Havill, Property Appraiser, appeared before the Board to express his opposition to a Special Master for Lake County at this time. He stated that to spend additional public monies for a Special Master was a waste of taxpayers money, and it was an avoidance issue in some cases. He stated that Lake County was not ready for a Special Master.
Mr. Sandy Minkoff, County Attorney, explained that the Property Appraiser would have to ability to appeal a decision of the Value Adjustment Board whether or not said decision was the recommendation the Special Master. He suggested that using a Special Master could increase the possibility of lawsuits, if the Special Master did not reside in the County and was less likely to agree with the Property Appraiser.
Commr. Swartz stated that one of the values of the Value Adjustment Board over the Special Master was that it allows the citizenry the opportunity to appear before members of the primary taxing authorities to present their case and get a fair review.
It was the decision of the School Board and the Board of County Commissioners not to change the Value Adjustment Board procedures.
GENERAL DISCUSSION ITEMS
For Your Information Item - Letter from Castle
Commr. Gerber directed the Boards' attention to a letter from Mr. Gilmore E. Daniel, dated June 26, 1995, which addresses how Dade County was attempting to solve school overcrowding problems through Lease/Purchase Agreements.
Letter from Orange County - Joint Participation
Commr. Gerber directed the Boards' attention to a letter from Ms. Linda W. Chapin, Orange County Chairman, dated June 29, 1995, extending an invitation to the residents of Lake County to join in celebrating the Fiftieth Anniversary of the United Nations.
It was the decision the School Board and the Board of County Commissioners to address participation in celebrating the Fiftieth Anniversary of the United Nations as separate Boards.
OLD BUSINESS
Status of Interlocal Agreement
Mr. Jerry Cox, Assistant Superintendent, appeared before the Board and stated that the School Board staff has reviewed the Interlocal Agreement Between Lake County and Lake County School Board Relating To The Economic Development of Lake County, and the School Board was awaiting review by the School Board Attorney.
Report on Membership of Industrial Development Authority
It was noted that the Ordinance amending Ordinance No. 1994-5 to increase the membership of the Lake County Industrial Development Authority has been advertised, and a public hearing has been scheduled on September 5, 1995.
Commr. Gerber stated that the next Joint Meeting Between the School Board and the Board of County Commissioners would be held on October 17, 1995, at 2:00 p.m.
RECESS & REASSEMBLY
At 4:05 p.m., the Chairman announced that the Board would recess, and reconvene at 5:05 p.m. for a public hearing.
PUBLIC HEARINGS (CONTINUED)
ASSESSMENTS/SOLID WASTE
Mr. David Crowe, Acting Solid & Hazardous Waste Director, appeared before the Board and stated that the public hearing was for the purpose of setting the Solid Waste Municipal Service Benefit Unit non-ad valorem rate schedule. He discussed the Solid Waste Non-Ad Valorem Assessment Scheduled, Exhibit A of the Resolution; at which time, Ms. Cindy Heffler, Assessment/Customer Service Coordinator, displayed said Exhibit on the monitor for review. Mr. Crowe explained that the disposal rate for Fiscal Year 1995-96 was $75.50. He explained that the drop-off transportation fee for the citizens' not on hauler service was $11.50, an increase of $1.00 per unit over the previous year. He noted that the proposed drop-off charge rates were also not-to-exceed rates. He stated that the property owners have been noticed for a four (4) year period and that a five (5%) percent projected increase over four years has been calculated for the not-to-exceed rates for disposal. Mr. Crowe briefly discussed the three classes of billings which were property owners who are tax billed; hauler billed; and those who are not on hauler service (self hauled).
At this time, Commr. Gerber opened the public hearing portion of the meeting.
Mr. Gunnard Brautcheck, owner of Spring Hill Farms, Britt Road, appeared before the Board and stated that Spring Hill Farms was an agricultural operation and was zoned agriculture. He referenced Section 21.115, Section 21.146, and Section 21.147 amending Lake County Codes, and questioned why his dairy farm was being assessed for garbage pick up, in the amount of $175.00, when the operation was zoned agriculture, noting that Spring Hill Farms was not a residential or an improved residential facility.
Commr. Hanson stated that it was her understanding that a residence in conjunction with a business or agriculture would be billed as commercial.
Mr. Brautcheck further discussed a problem of trash being thrown from moving vehicles on Britt Road in front of his farm. At this time, he distributed photographs to the Board illustrating the trash along Britt Road. He stated that Britt Road was a road that was operated by the public, and has become a nuisance to the property owners. He expressed concern with Industrial Waste Services' solid waste trucks parking in the middle of the road and not observing traffic regulations, which presents a hazard to the public.
Commr. Swartz requested that Ms. Sue Whittle, Interim County Attorney, meet with Mr. Brautcheck to discuss his concerns.
Mr. Robert J. Davis, a resident of Groveland, appeared before the Board and expressed concern that the public hearing being held at 5:05 p.m., presents a problem for those who work. He further expressed concern with the increase in his hauling bill. It was noted that Mr. Davis had misinterpreted his hauling bill.
Mr. William Deckman, a resident of Deland, appeared before the Board to express his concern with the assessment schedule, the confusing form, and the lack of information provided to the public. He stated that he did not support a four (4) year schedule and questioned how the Board derived at the figures in the assessment. He noted that he was not on hauler service.
Commr. Cadwell responded to Mr. Deckman's concerns, and explained that the four (4) year schedule would save the County approximately $30,000.00 per year in postage for mailing first class notices.
Discussion occurred in regard to the first class notices that are sent to the property owners; at which time Commr. Swartz suggested that the form include the Solid Waste Non-Ad Valorem Assessment Schedule for the purpose of providing clarification.
At this time, Mr. Crowe was requested to meet with Mr. Deckman to further address his concerns.
Ms. Elyse Rainey, a resident of the Lake Kathryn area, appeared before the Board to express her concern with the first class notices that were sent to the property owners, and requested a copy of the Solid Waste Non-Ad Valorem Assessment Schedule for her perusal.
Mr. Don Esarey, a resident of Clermont, appeared before the Board and expressed concern with the increases in the Solid Waste Schedule from Fiscal Year 1993-94 to Fiscal Year 1998-1999. He questioned where the money was being spent.
Mr. Bruce McQuire, a resident of St. Augustine, appeared before the Board, and questioned how the maximum rate increase of five (5%) percent was to be determined, who sets the criteria, and what type of review process was in place.
Commr. Swartz responded to Mr. McQuire's concerns and explained that the percentage of rate increase was based on an index as part of the haulers' contract, and that the Board, along with staff, reviews and determine the Solid Waste budget.
Mr. McQuire stated that the building on his property has been vacant for two years, and has been condemned. He questioned what provisions were available for a building that was destroyed.
It was noted that there was a procedure in place to remove property from the assessment roll with proper documentation.
Mr. Wetzel White, a resident of Leesburg, appeared before the Board and stated that the County was spending too much money on the solid waste programs. He expressed concern that the Board did not represent the people of Lake County or what the residents want to do with the solid waste program.
Ms. Lynn Knorr, a property owner in the Astor area, appeared before the Board and stated that the majority of her concerns and confusion have been addressed this evening. She encouraged the Board to include the Solid Waste Non-Ad Valorem Assessment Schedule with the first class notice to the property owners in the future. She suggested that the notice also include a statement that states "This is not a bill" to clarify some of questions and concerns.
There being no further public comment, the public hearing portion of the meeting closed.
Commr. Good made a motion, which was seconded by Commr. Swartz, to approved and authorize the Chairman to execute Resolution No. 1995-172, adopting the "Solid Waste Municipal Service Benefit Unit" non-ad valorem rate schedule; and the non-ad valorem assessment roll as advertised; subject to final review and approval by the County Attorney.
Commr. Hanson stated that she would not support the action before the Board at this time because of the five (5%) percent rate of increase in the Solid Waste Non-Ad Valorem Assessment Schedule. The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted "No".
At this time, Commr. Swartz expressed his appreciation to Ms. Sue Whittle, Interim County Manager, and the Solid Waste staff for diligently working to hold the solid waste disposal rates at the same level as last year.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:25 p.m.
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RHONDA H. GERBER, CHAIRMAN
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JAMES C. WATKINS, CLERK
MSF\BOARDMIN\8-16-95\8-24-95