The Lake County Board of County Commissioners met in regular session on Tuesday, July 7, 1998, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Good gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
It was noted that there was an Addendum to the Agenda, which had been properly advertised.
No changes were made to the Agenda.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budgets/Budget Transfers/County Finance
Request for approval of Budget Adjustments for FY 97/98, as follows:
A. Transfers:
1. Fund: County Transportation Trust
Department: Public Works
From: Professional Services $ 40,152
To: Contractual Services $ 32,000
Machinery and Equipment $ 8,152
Transfer #: 98-239
Justification: Transfer needed to purchase one additional Plan Hold Masterfile, and additional monies for adding Planimetric Mapping of road center-lines to the current work in progress.
2. Fund: General
Department: Public Defender
From: Contingency $ 42,000
To: Several $ 42,000
Transfer #: 98-266
Justification: Transfer needed to cover the costs associated with the high volume of court activity involving capital offenses.
3. Fund: General
Department: Sheriff
From: Reserve - Sheriff Automation $ 11,250
To: Transfer/Law Capital $ 11,250
Transfer #: 98-267
Justification: The Sheriff is requesting a transfer in the amount of $11,250 from the Sheriff's Automation Contingency Reserve to Law Capital.
4. Fund: General
Department: Non Departmental
From: Contingency $ 48,000
To: Other Current Charges $ 48,000
Transfer #: 98-269
Justification: Transfer from contingency needed to cover the payment to the Floridians for Fairness in Court Funding (FAC), Lake County's assessment of the Article V campaign as amended in the contract approved by the BCC on May 26, 1998.
NOTE:
Contingency Adopted Budget $581,063
Contingency Balance (after transfer) $183,485
Bonds - Contractor
Request for approval of Contractor Bonds - New, as follows:
New
4480-98 Roger Facemire (Roofing)
5418-98 Marshall Pollard d/b/a Phase III Construction (Building)
5626-99 Jay O. Berry (Signs)
5627-98 Thomas Pechous d/b/a Tomar Construction, Inc. (Framing)
5628-98 Kyle Gregory Roe d/b/a KGR Plumbing
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for State of Florida vs Peter Piorkowski, in the amount of $250.00, Case No. 85-13965TTFP, and authorized proper signatures on same.
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.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 1998, in the amount of $149,460.90. Same period, last year: $164,329.61.
Accounts Allowed/Clerk/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds, totaling $4,109.64, as follows:
CTF. NO. DATE LANDOWNERS OVERBID
1943/94 1/13/98 Henry and Hollace Fehrman $ 852.63
3305/93 2/10/98 Ralph Young 936.67
3203/93 3/10/98 Elvin C. Napier 58.85
3503/93 3/10/98 Carol A. Stolldorf, Est. 2,022.06
3259/90 3/24/98 Katherine M. Shalda, Et Al 239.43
Municipalities/Utilities
Request to acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Application for amendment of Certificate Nos. 533-W and 464-S, to add territory in Lake and Orange Counties, by Southlake Utilities, Inc., Docket No. 940303-WS, Order No. PSC-98-0764-FOF-WS, Issued: June 3, 1998 - Notice of Proposed Agency Action Order Approving Wholesale Agreement and New Classes of Service, and Order Acknowledging Withdrawal of Request for Expansion.
Municipalities/Utilities
Request to acknowledge receipt of Certificate of the Chief Financial Officer of NRG/Recovery Group, Inc., for the fiscal year ended December 31, 1997, from NRG/Recovery Group, Inc., pursuant to Section 8.04 of the Loan Agreement between NRG/Recovery Group, Inc. and Lake County, regarding the $70,000,000 Lake County Florida Adjustable Tender Resource Recovery Industrial Development Revenue Bonds, Series 1988 A; and $9,000,000 Lake County Florida Taxable Mandatory Tender Obligation Resource Recovery Industrial Development Revenue Bonds Series, 1988 B (NRG/Recovery Group Project).
Municipalities/Ordinances
Request to acknowledge receipt of Annexation Ordinances from the City of Clermont, as follows:
Ordinance No. 346-M, from the City of Clermont, Lake County, Florida; providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication; passed and ordained by the City Council of the City of Clermont the 26th day of May, 1998.
Ordinance No. 348-M, from the City of Clermont, Lake County, Florida; providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; providing for severability; and providing for publication; passed and ordained by the City Council of the City of Clermont the 26th day of May, 1998.
Municipalities/Ordinances
Request to acknowledge receipt of Annexation Ordinances from the City of Eustis, as follows:
Ordinance No. 98-08, from the City of Eustis, Florida; initiated by the property owners; annexing into the corporate limits of the City of Eustis, Florida, 6.84 acres of vacant land on the north side of U.S. Hwy. 441, east and adjacent to Advantage Chrysler-Plymouth Dodge agency, subject to the Lake County Land Use Map Designation of "Urban", pursuant to Florida Statute 171.062; with a proposed city land use designation to be assigned following completion of small scale comprehensive plan amendment process; providing for limitations and certain conditions, amending the Future Land Use Map, pursuant to Florida Statute 163.3187; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication, by posting according to the law; passed, ordained and approved in Regular Session of the City Commission of the City of Eustis the 21st day of May, 1998.
Ordinance No. 98-10, from the City of Eustis, Florida; initiated by the property owners; annexing into the corporate limits of the City of Eustis, Florida, .565 acres of vacant land at 2760 E. S.R. 44, subject to the Lake County Land Use Map Designation of "Urban", pursuant to Florida Statute 171.062; with a proposed city land use designation to be assigned following completion of small scale comprehensive plan amendment process; providing for limitations and certain conditions; amending the Future Land Use Map, pursuant to Florida Statute 163.3187; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication, by posting according to the law; passed, ordained and approved in Regular Session of the City Commission of the City of Eustis the 21st day of May, 1998.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Agricultural Education Services/County Employees
Request from Agricultural Education Services for approval of employment of Mr. William M. Price as Extension Agent I, Animal Science and Agriculture/Natural Resource Public Issues Education.
Community Services/Human Services
Request from Community Services for approval and execution of Satisfaction of Mortgage for Ms. Linda J. Brown.
Accounts Allowed/Contracts, Leases and Agreements/Economic Development
Request from Economic Development for approval and execution of Real Estate Purchase and Sales Agreement, between Lake County and Vistapak Industries, Inc., for property located in Phase II of Christopher C. Ford Central Park, in the amount of $140,000.00.
Accounts Allowed/Economic Development
Request from Economic Development for approval to accept the return of Jobs Growth Incentive Award monies, in the amount of $9,100.00, to Trust Fund Account, from Agri-Starts Micros, Inc.
Contracts, Leases and Agreements/Fire and Emergency Services/State Agencies
Request from Fire and Emergency Services for approval of Florida Department of Corrections Interagency/Public Works Agreement, dated July 1, 1998 through June 30, 1999, for lawn mowing and light maintenance at Fire Stations.
County Employees/Personnel
Request from Personnel for approval and execution of Certificates for employees with one and three years of service to the County.
County Employees/Personnel/Public Works
Request from Personnel for approval to add the position of Right-of-Way Agent (part-time), in the Department of Public Works, Engineering Division.
Public Works/Subdivisions
Request from Public Works for acceptance of final plat for Lake Lucy Landing Subdivision, consisting of 7 lots, off CR-565 - Commissioner District 2.
Accounts Allowed/Budgets/Public Works
Request from Public Works for approval of Arthropod Work Plan Budget for Fiscal Year 1998/99, in the amount of $627,314.00.
Deeds/Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for acceptance of the following:
Drainage Easement
White, William D. and Pate
Treasure Island Road (1/5-7726)
Non-Exclusive Easement Deeds
Judy, Ruth B. and John L.
Calvin Lee Road (2-0609)
Quinn, Edward
Lake Pines Road (5-5341)
Denslow, James A. and Barbara C.
Laws Road (2-0528)
Sprint-Florida, Incorporated
Mt. Homer Road (3-4956)
Simmons, Barbara D. and Michael D.
Veech Road (1-4604)
Statutory Quitclaim Deed
Ell, L. Jack
Bear Lake Boulevard (4-8598)
Statutory Warranty Deeds
Dye, J. Timothy and Deborah L. W.
Johns Lake Road (2-1158)
Denslow, James A. and Barbara C.
Laws Road (2-0528)
The Huntington National Bank (As Trustee)
Eunice Irene Frisch Living Trust
Magnolia Avenue (1-3312)
Temporary Non-Exclusive Easement Deeds
King, Larry Gene and Lynn Ellen
Louise Road
Ragan, Benjamin E., Jr. and Debra J.
Louise Road
Cerkowski, Stephen E. and Deborah L.
Louise Road
Brown, Rhonda and Raymond L., Jr.
Louise Road
Rotella, Giuseppe and Corina
Louise Road
Accounts Allowed/Bids/Public Works/Road Projects/Roads-County and State
Request from Public Works for approval to award Poe Street (1/5-5834) Paving Project No. 5-98, Bid No. 98-092, to Art Walker Construction; and to encumber and expend funds, in the amount of $80,435.90, from the Transportation Trust Fund - Commissioner Districts 1 and 5.
Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works
Resolutions/Roads-County and State/Subdivisions
Request from Public Works for acceptance of final plat for Vineyard Estates Subdivision; acceptance of a Maintenance Bond, in the amount of $11,134.73; approval and execution of Developer's Agreement, for maintenance of improvements between Lake County and Southlake Properties, Inc.; and approval and execution of Resolution accepting Vineyard Court (2-0736C) and Jacaranda Avenue "Extension" (2-0836A) into the County Road Maintenance System. (Subdivision consists of 26 lots in Commission District 2)
Accounts Allowed/Public Works/Roads-County and State
Request from Public Works for approval to reimburse Sonny's BBQ for 50% of design and construction costs for road capacity improvements to Dillard Road (3-4858), in the amount of $22,262.00. (Impact Fees Benefit District 2)
County Employees/Risk Management
Request from Risk Management for approval and execution of IRS Form 5500 and Schedule F - Annual Return/Report of Employee Benefit Plan.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
COUNTY EMPLOYEES/PERSONNEL
The Chairman presented Employee Awards, as follows:
Presentation of Plaques to Employees with Five Years of Service to the County
Lawrence Fish, Jr., Fire Inspector, Fire and Emergency Services, Technical Service Division, Fire/Loss Management
Jodine L. Hanson, Executive Secretary, Board of County Commissioners, Administrative Support
Presentation of Plaques to Employees with Ten Years of Service to the County
Charles E. Clinton, Equipment Operator I, Solid Waste Management Services, Waste Management Facilities Operations, Impact Center
James R. Lynch III, Aquatic Biologist, Public Works, Special Services Division, Mosquito and Aquatic Plant Management, Aquatic Plant
Presentation of Plaques to Employee with Fifteen Years of Service to the County
Charles J. Bragg, Plans Examiner IV, Growth Management Services Division, South Lake Annex
Presentation of Plaques to Employees with Twenty Years of Service to the County
Andrew C. Duncan, Mosquito Control Inspector II, Public Works, Special Services, Mosquito and Aquatic Plant Management, Mosquito Management and Maintenance
David M. Scott, Equipment Operator III, Public Works, Roads Division, Maintenance Area III (Umatilla)
Presentation of Plaque to Retiring County Employee
Helen N. Roberts, Executive Secretary, Public Works, Special Services Division, Mosquito and Aquatic Plant Management, Mosquito Management and Maintenance - Ten Years and Seven Months (Not present for presentation)
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
PUBLIC WORKS/STATE AGENCIES/ROADS-COUNTY AND STATE
Mr. Mike Szunyog, Florida Department of Transportation, addressed the Board and gave a brief presentation about the Florida Department of Transportation's (FDOT) Annual Work Program Development Process, and its Schedule for FY 1999/2000 to FY 2003/2004 Tentative Five Year Work Program, which is presented to the Board annually to keep them informed, at which time he distributed several handouts (Annual FDOT Work Program Process for 1998; 2020 Florida Transportation Plan/1998 Short Range Component: Plan-In-Brief; and a list of current projects, dated June 29, 1998) pertaining to same, for the Board's perusal. He stated that FDOT is looking for priority projects, to be submitted by the County and the cities within the County, by September 4, 1998, at which time they will begin working with said projects, as well as current projects, to develop the new Five Year Work Program. He stated that, in November and December of this year, FDOT will hold public hearings on the work program, which will then be submitted to the Governor, the Legislature, and the Florida Transportation Commission (appointed by the Governor to oversee the Department of Transportation), in February of 1999. He stated that, in March of 1999, there will be a statewide public hearing by the Florida Transportation Commission and the program will then be submitted to the Legislature and the Governor. He stated that July 1, 1999, it will become the new adopted work program and the process will start all over again.
Mr. Szunyog noted, for informational purposes, that the 2020 Florida Transportation Plan/1998 Short Range Component: Plan-In-Brief is FDOT's strategic plan and serves to help implement the goals of the Long-Range Florida Transportation Plan.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
PUBLIC WORKS/ROADS - COUNTY AND STATE
Mr. Bill Oliver, Senior Vice President, Tindale-Oliver and Associates, addressed the Board, stating that his firm teamed with a company called Ghybi Lassiter and Associates, who was selected by the Board approximately a year ago to undertake a long-range transportation planning process and study for Lake County, to deal with both short-term and long-term issues. He gave an overview of what his firm will be doing, with regard to said study, and outlined how the public will be involved, as well as discussed opportunities for involvement by the Board. He then reviewed the general project schedule, to give the Board an idea of the time frame over which said study will be completed. He stated that said study will set the stage for the formation of a metropolitan planning organization, which he noted is a policy group formed by the Governor, in response to the population in Lake County's urbanized areas exceeding 50,000, which he noted is anticipated with the next census. He stated that it is a federally mandated transportation planning process that requires cooperation between all the local government agencies and FDOT, in planning for the expenditure of federal transportation funds. He stated that, in addition, the transportation study will serve as technical support of the foundation of the local government's Comprehensive Plan Traffic Circulation Element.
Mr. Oliver reviewed what the study will cover, noting that it will address all modes of transportation - bicycling, walking, public transportation, trucking, and automobile. He stated that the Board's primary involvement will be in providing policy direction, some of which has already been created by the current comprehensive plan. He stated that his firm will address a 20 year horizon and the financial feasibility of the plan, as well. He discussed several tasks that must be undertaken and noted that his firm is six months into what is an eighteen month study. He stated that his firm has primarily been involved in fact finding, data gathering, and assembling information and has not required involvement by the Board, or members of the public, to date. However, in April of this year, his firm will begin making presentations to the public, to advise them that the study is in process, and soliciting their participation in the transportation planning process.
Mr. Oliver reviewed the goals and objectives that have been set for this study and various steps that will be taken in accomplishing same. He stated that the committees involved with this project are scheduled to meet on a monthly basis and, as his firm does its work, they will be seeking advice and guidance from said committees. He stated that said committees will also make recommendations to the Board, for their consideration, as they take action on the various items that are brought before them. He stated that they will be holding public hearings, to address growth forecasts and to adopt the plan, toward the end of the study. He stated that they will hold public information meetings, as well, and will be seeking to publicize the transportation plan, through media coverage. He stated that, throughout the process, documents that are prepared will be available for public review and scrutiny at the Public Works Department.
Mr. Oliver discussed the Project Schedule, noting that it has been broken down into four major phases, two of which his firm is approaching completion of. He stated that the goals and objectives were presented to a guidance committee one month ago; however, they will be meeting again to discuss them and propose any adjustments, before they are brought to the Board, for the Board's preliminary endorsement. He stated that they are currently in the process of doing a growth forecast and hope to complete it by the end of this month. He stated that, in August, his firm will begin the needs assessment process and will bring back to the Board, toward the end of this year, an overall assessment of transportation needs in the County. He stated that, from January through April of 1999, they will be scaling that needs assessment back to the cost feasible plan, and, finally, in June, they will go to the public, publicize the plan, and bring the final information back to the Board, for its endorsement. He then answered questions from the Board, regarding the transportation plan.
Mr. Steven Tindale, Tindale-Oliver and Associates, addressed the Board and answered some concerns they had about the County's projections and needs and level of service requirements.
Mr. Jim Stivender, Jr., Senior Director, Public Works, clarified the fact that this plan is to develop the goals and objectives, which include avoiding congestion, maintaining safety, providing reliable public transportation, figuring out how the costs work, preserving the County's scenic corridors, and enhancing the attractiveness of the community. He stated that all those things have to be balanced. He stated that, with regard to Federal money, discussions were held with the Florida Association of Counties and it was noted that a lot of dollars will be coming the County's way. He stated that the County has a lot of work ahead of it, associated with said dollars. He stated that staff will be putting together a comprehensive report, as to exactly what those dollars will mean to the County, which they will bring back to the Board at a later date.
RECESS AND REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would recess for ten minutes.
ADDENDUM NO. 1
PERSONAL. APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
ASSESSMENTS/FIRE AND EMERGENCY SERVICES/REPORTS
Ms. Sue Whittle, County Manager, informed the Board that the fire rescue services team, comprised of Mr. Frank LeFleur, Acting Fire Chief, Fire and Emergency Services; Mr. Alvin Jackson, Deputy County Manager; Ms. Sharon Farrell, Senior Director, Growth Management; Mr. Don Post, Senior Director, Solid Waste Management Services; Ms. Kathleen Thomas, Solid Waste Operations Director, Solid Waste Management Services; Ms. Sarah LaMarche, Budget Director, County Finance; Ms. Ava Kronz, Director of Continuous Quality Improvement; and Ms. Kitty Cooper, Director, Graphics Information Services (GIS), have been working on what they are terming a building plan, that they would like to see addressed within a five year time frame, which would be presented to the Board this date, in order to refresh them on what the proposed investment will bring to the County.
Mr. Frank LeFleur, Acting Fire Chief, Fire and Emergency Services, addressed the Board and reviewed the Staff Proposal for Fire and Emergency Services, which had been distributed to the Board, for their perusal. He stated that the fire rescue services team's goal is to have four to six staff people responding to each call, which would come from the paid firefighters, the recruiting of volunteers, and the hiring of 60 plus or minus reserve personnel. He stated that the recruiting of volunteers and the hiring of the reserve staff would benefit all of Lake County. He stated that, in order to improve the response time for each station, staff will review the staffing plans, the joint ventures with cities and counties, and the 5 year CIP plan. He stated that, currently, the County has 27 firefighters/EMTs and three district chiefs. He stated that the plan is to add 22 firefighters in 1999; 12 in the year 2000, and in the years 2001-2003, firefighters will be added, as needed. He stated that, as far as additional staffing is concerned, the plan is to add one district chief, two support staff (secretary and supply clerk), one deputy chief of volunteer services, and the 60 plus or minus reserve personnel alluded to earlier. He stated that the plan is to build a station in south Lake County, in the area of CR 474, and relocate the stations in Astor, Paisley, Minneola, Yalaha, and Bassville Park.
Mr. LeFleur reviewed the current service and what is proposed, during the next five years, for the following areas: Astor, Altoona/Paisley, Pine Lakes, Sorrento, East Eustis (44-B Eustis Airport), Old 441 Mt. Dora, Bassville Park, Lady Lake, Plantation, Yalaha , Lake Jem, Minneola, Clermont, and the south Lake County area. He noted that fully staffed means two personnel, per shift, per station, and three paid staff means one person, per shift, 24 hours per day. He reviewed the funding requirements that will be needed to accomplish what is in the plan, as follows: 1999-$ 6,027,139; 2000-$ 6,7654,370; 2001-$7,017,854; 2002-$ 7,228,389; and 2004- $7,445,241, and noted that the funding source was based on the assessment, allowing for a 5% increase for each of the five years. He stated that staff estimates the County will receive approximately $300,000.00 per year in impact fees.
It was noted that said plan had not yet been before the Fire Advisory Board; however, staff will be presenting it to them in the near future.
A brief discussion occurred regarding the proposed Bay Lake station, at which time Mr. LeFleur stated that the Board had approved to build a station in the Bay Lake area and that the Facilities and Capital Improvements Department was in the process of doing the architectural drawings for that station. He stated that, once those drawings are completed, the County will be ready to start building. He stated, for the record, that the Bay Lake community is going to build the station - there will be no expense to the County, other than providing the station with the necessary equipment for the firefighters. He noted that a portion of the station has been designed to house the Lake County Sheriff's deputies assigned to that area.
Mr. Robert Sheets, Chief Executive Officer, Government Services Group, Inc., addressed the Board and reviewed a handout (Lake County Fire Rescue Special Assessment, dated July 7, 1998), which had been distributed to the Board, for their perusal, stating that, at the Board Meeting that was held June 30, 1998, his firm covered quite a few issues and they were back before the Board this date, to try to get closure, to the best degree possible, on six remaining issues, being:
* Service delivery - rate differential required?
*. Blend of revenue sources (MSTU)
* Institutional, tax-exempt properties
* Vacancy credits for RV parks
* Maximum rate for notice
* Schedule
Service Delivery
Discussion occurred regarding the service delivery area, at which time Commr. Cadwell stated that he was concerned about additional costs that the County will incur over the years, with a differential rate, which will take dollars away from fire services, therefore, was not in favor of it.
Commr. Hanson stated that she felt it would be too difficult to enforce and that she had a problem with it, because of the makeup of the County and not being able to provide the services. She stated that she felt it would create a differentiation that the County does not need.
Commr. Good stated that he felt the issue of the five paved road miles was a defensible position to take, in terms of taxing equity, even though it may not be the popular position for the Board to take.
Commr. Swartz stated that he had come to the conclusion that everybody, even in the rural areas, is going to benefit by paying the increase, therefore, was going to go with what he believes to be a balanced demand service approach. He stated that the County will have to be very honest and straightforward with people in the rural areas and tell them that it is going to take longer than five to seven minutes to get to them; but, when there is a fire in their area, all the assets of the system will respond.
Commr. Gerber stated that this issue was not one that she was in favor of, noting that she felt the costs would be the same, no matter what.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried, by a 4-1 vote, the Board approved the recommendation of the County's consultants, Government Services Group, Inc, and staff and approved the adoption of a single service delivery area for fire rescue service.
Commr. Good voted "No".
Blend of Revenue Sources (MSTU)
Discussion occurred regarding the issue of a blend of revenue sources (MSTU), at which time Commr. Hanson stated that she would not vote for the $82.00 assessment (recommended by the consultants). She stated that the Board has two goals in mind, (1) to correct the formula, so that it is legally defensible and the County will not face, sometime in the future, class action suits, and (2) to get new dollars. She stated that what is confusing is that the County is trying to do both in one step. She stated that she would not support the $82.00, because she feels it is too high for many people and it does not charge for vacant land and agriculture. She stated that she feels the County needs to look at a tiered approach, if it is looking at $6 million plus for the budget. She stated that she looked at a half mill and half of the assessment, at $41.00, and it does not bring the County up to where it needs to be, it brings the County up to $4.8 million; therefore, she feels that, if the County uses the 70% assessment and a half mill dedicated to Fire Service, it would get the County up to the dollars that it needs to have. She stated that a $30,000 home, assuming they receive an exemption for homestead, would pay about $60.00 per year; a $60,000 home would pay about $75.00 per year; an $80,000 home would pay about $85.00 per year; and a $120,000 home would pay $105.00 per year. She stated that everybody would pay. She stated that the problem she has with the $82.00 assessment is that it is across the board and some people cannot afford it. She stated that $82.00 may not be too much for somebody that has an $80,000 home, but it is for somebody that has a $50,000 home and there are a lot of those people in the County.
Commr. Good stated that he felt the County would be double taxing the rural residents. He stated that they were just told that they would have to pay the same, whether they were within five paved road miles of a station or not, and now the County is going to tax them on their ad valorem assessment, again, even if the County lowers their fire tax assessment, and that double taxes the rural resident even more than the inequity he saw in having a flat fee for the assessment. He stated that he could not support that, unless the County has a differential between rural and urban assessments.
Mr. Sheets informed the Board that the same safety nets that exist for somebody that has financial hardships, with regard to property taxes, would exist for the assessments. He stated that he understood the County has a hardship provision in its solid waste assessment program that it could employ in its fire rescue assessment program. He stated that he did not want the Board to think that somebody would be put on the street for failure to pay their assessment.
Commr. Gerber stated that her concern all along has been to make the least amount of impact on the least amount of people. She stated that she feels there will be a lot more people in the County who will paying less, under the flat rate scenario, than there will be under any other scenario, just because of the number of people in the County. She stated that those people who are in the minority, in the $60,000 range and below, are going to pay over twice as much; however, in the total scheme of things, if one looks at fire protection and what it is worth to a resident, most people will tell you that they do not feel it is an exorbitant amount of money to pay for fire protection. She stated that, if the County has a system in place for hardships, she cannot see any other method of doing it that makes sense, than doing the flat rate, because she feels it will have the least amount of impact on the least amount of people.
Commr. Hanson stated that it will take care of the inequities, except for the value of the homes.
Commr. Swartz stated that he felt the special assessment, particularly the way that it is tailored today, gives the County the best opportunity, as fairly as it can, to differentiate and charge a rate. He stated that it is not perfect and there will be inequities; however, the Board will always have a choice, in the future, if it believes the County needs additional revenue, to look at funding sources.
Commr. Hanson further stated that the reason she has struggled with the $82.00 is because she will have a tough time going to the citizens of Lake County and telling them that, currently, 71% of the revenue for fire and rescue is paid by Residential and 28% is paid by Other. She stated that, when the County raises it to $82.00, 86% is going to come from Residential - from 71% to 86%, and the County is going to cut in half what comes from Other, so the County will be gutting the dollars that come from Other and putting an increased burden on Residential. She stated that that may be the way the Board wants to go, but she cannot support it - that is why she is trying to find some other rationale.
Commr. Cadwell stated that he feels the County should assess people where the calls are being made and studies show that the calls are residential; therefore, he feels the costs should be attributed to residential.
Commr. Hanson stated that she agreed with that part of it, however, feels the County should look at underwriting some of it with ad valorem dollars.
A motion was made by Commr. Cadwell and seconded by Commr. Gerber to adopt the special assessment formula for fire rescue (Municipal Service Taxing Unit, with the percentages based on the call for service, with a blend)..
Under discussion, Commr. Hanson stated that she would vote against the motion, not because the County does not need the revenue, but because she feels it should be drawing funds from other sources.
The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Hanson and Good voted "No".
Institutional, Tax-Exempt Properties
Mr. Sheets informed the Board that they had three options, with regard to the issue of institutional, tax-exempt properties, being (1) assess all the properties within that category at the full rate, as reflected in the County's assessment study; (2) buy those rates down to the lowest common rate, which would be a flat rate, for every structure within that category; and (3) buy down, by a percentage, which he elaborated on. He stated that he would recommend the County buy it down to the flat rate per building, which would be $135.00, within that category, by an infusion of General Fund dollars.
Commr. Swartz stated that the Board had talked about doing that and questioned whether staff could obtain some figures regarding same, for the Board's perusal.
Ms. Camille Gianatasio, Vice President, Government Services Group, Inc., addressed the Board, stating that her firm did not know how the County had previously applied the eight cents per square foot, versus the two cents, however, did know that the two cents per square foot was for churches. She stated that her firm could not tell how the County used to assess the other properties within the institutional category, as to which ones were assessed and which ones were not; however, they would be able to provide the Board with an analysis, by memo, within the next week or so. She stated that the Board would have until August 4, 1998, to make a decision regarding this issue.
It was the consensus of the Board to bring the issue of institutional, tax-exempt properties, with regard to fire rescue services, back to Board, at a later date, at which time said information will be provided to the Board by Government Services Group, Inc.
Vacancy Credits for RV Parks
Mr. Sheets informed the Board that Lake County has, historically, administratively applied a vacancy credit for RV parks, across the board. He stated that, under the program and rate schedule that his firm presented, they are assuming an assessment against all RV pads, with no credit application. He stated that the guidance his firm needed from the Board this date was whether they want such a provision and to what degree do they want staff to deal with the administrative issues, or do they want to make sure that his firm gives the County the legal trappings, within the County's ordinances and resolutions, to deal with the issue.
Commr. Cadwell stated that, if the County were going to have a provision like that, he would rather have the one where the RV park owner would have to prove his occupancy rate, as opposed to saying that everybody is going to pay 60% or 70%.
Commr. Swartz concurred, noting that the RV park owner would need to justify a pad that is not used during an entire year.
It was the consensus of the Board to approve vacancy credits for RV parks, with regard to fire rescue services, and to direct Mr. Sheets to prepare the provision, based on full occupancy criteria, with an affidavit process, for pads not used during the course of a year.
Maximum Rate for Notice
Mr. Sheets informed the Board that there was some discussion, to avoid undue necessary expenses, about the issuance of first class notices. He suggested first class notices with a maximum five year rate, which would alleviate the County of the obligation of issuing the notices.
Mr. Sandy Minkoff, County Attorney, interjected that there was a change in this year's legislative session, which allows the trim notice, with approval of the Property Appraiser, to be used as the Notice of Proposed Special Assessment, which would eliminate the separate first class mailing. He stated that staff does not feel they can work it out this year, to where they can include it on the tax roll; however, they feel that, in future years, with the Property Appraiser's approval, the County could use the trim notice to notify everybody of the increase and the public hearing, as opposed to the separate mailing. He reiterated that it would take the Property Appraiser's approval, which he is not obligated to give the County.
Commr. Cadwell questioned what Mr. Sheets needed this date.
Mr. Sheets stated that the only direction he needed was what the Board wants on the first class notices.
Commr. Swartz stated that he felt there was a less expensive way to provide fire and rescue services; however, he has abandoned that position for what appears to be something that will improve fire rescue in Lake County. He stated that he was going to vote for it.
A motion was made by Commr. Good and seconded by Commr. Cadwell to approve a notice based on the maximum rate of 5% per year, for a five year projection, as contained in staff's recommendation, with regard to the fire rescue services special assessment.
Under discussion, Commr. Gerber suggested that staff talk to the Property Appraiser, Mr. Ed Havill, to see if he would agree to put the raise in the assessment each year on the property appraisal roll, which would require the County to only do this year's announcement, because she feels there will be misunderstandings.
Mr. Sheets interjected that the Board needed to keep in mind that one of the advantages the County would have with the first class notice is that it is a separate notice. He stated that his firm will insert a brochure in the notice that will explain the program in far more detail than what the County is allowed to put on the trim notice.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Hanson voted "No".
Critical Events Schedule
Mr. Sheets informed the Board that the dates contained in the schedule before them were the dates that were discussed at the previous Board Meeting and noted that they would still work, with the exception that his firm will be providing the Board with some information on the tax exempt issue. He stated that they will come back on August 4, 1998, for the County to adopt the authorizing ordinances and the initial resolution, which he noted is a procedural process. He stated that the notices would then be sent out and the public hearing, to adopt the plan, would be held on September 1, 1998.
Ms. Sue Whittle, County Manager, suggested that the public hearings be set for 1:30 p.m., on August 4 and September 1, 1998.
RECESS AND REASSEMBLY
At 11:50 a.m., the Chairman announced that the Board would recess for 10 minutes.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
PUBLIC HEALTH
Ms. Julia Flohr, Coordinator, Tobacco Free Partnership of Lake County, Lake County Health Department, addressed the Board, stating that, in August of 1997, the State of Florida settled with the tobacco industry and $200 million was allocated to the State and put into a Tobacco Pilot Program. She read into the record the Mission Statement from said program, noting that it is directed toward the youth, in addressing their initiation, education, and prevention. She noted that 3,000 children start smoking every day in this country, with most of them being between the ages of 12 and 14, so that is where prevention efforts and education is directed. She stated that the best way to disseminate the tobacco settlement dollars into the communities is for every county to establish a partnership. She stated that Lake County started that process in January of this year and now has approximately 35 to 50 members. She stated that the key component to the partnership is the youth, being the SWAT (Students Working Against Tobacco)Team, whose mission and purpose is to develop and design the programs that are to fight tobacco in the County. She stated that Lake County needs support and needs to tap resources, particularly a third party kind of resource.
Ms. Flohr discussed some of the things that the SWAT Team has been able to accomplish, since its inception, and what types of activities it has planned for the future. She stated that many goals have been set for the partnership and the SWAT Team. She stated that the reason she was approaching the Board this date was to make them aware of the program and inform them that the youth of the County would like to see their leaders promote the partnership at committee meetings and events; spread the word by mouth; participate in a SWAT event; act as a master of ceremonies or ribbon cutter for one of their events; and help them make their commercials.
No action was needed or taken.
ADDENDUM NO. 1
REPORTS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Ms. Julia Flohr to the vacant District 2 position on the Citizens' Commission for Children, to complete a term ending May 14, 2000.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
MUNICIPALITIES
Mr. Jim Perry, Publisher, The Daily Commercial, and member of the Lights of Lake Steering Committee, addressed the Board and requested funding for the Lights of Lake Project. He stated that 1997 was the inaugural year for the Lights of Lake Project, a countywide trail of lights, hopefully, to enhance the quality of life and encourage tourism in Lake County. He stated that he was before the Board, once again, requesting funds for year two of the Lights of Lake Project.
Ms. Carmen Cullen, Advertising Director, The Daily Commercial, and member of the Lights of Lake Steering Committee, addressed the Board and distributed a handout containing Sales Tax Collection figures for the November/December reporting period for Lake County and the six municipalities that participated in the program last year, being the Cities of Clermont, Tavares, Mt. Dora, Eustis, Lady Lake, and Leesburg; Lake County Occupancy figures for November and December; Tourist Development Resort Tax figures for November, December, and January; an Organizational Chart of the Lights of Lake Steering Committee; pictures of the
light displays being requested to be leased, or purchased; and the proposal for funding, as follows:
Lease* Purchase**
Dead River Bridge (2) Wreath Portals 34'x26' $19,000 $42,440
(11250 watts) in medians
at north and south ends
Howey-in-the-Hills Bridge (2) Star Spray Skylines 45' $ 5,800 $12,800
attached to wire
Singletary Park (1) Poinsettia Arch $ 8,000 $17,685
$32,800 $72,925
* Lease includes installation and maintenance
** Purchase price does not include 35% ($25,523) for installation, maintenance and storage.
Ms. Cullen stated that they checked with the Department of Revenue, to see if there was a trackable return for the first year of the Lights of Lake Project and found that, indeed, there was. She stated that the Steering Committee voted to purchase the light displays from Clark Sales Display, Inc., a vendor in Tavares.
Mr. Ron Clark, Clark Sales Display, Inc., addressed the Board, stating that, since 1989, having lights in communities has become a very big thing. He stated that he felt it was something worthwhile to consider and that he feels it will build into something that all Lake County residents can be proud of. He informed the Board as to how the proposed wreaths, star sprays, and poinsettia arch would be displayed. He stated that it would be a stepping stone for the County to work with the cities, to tie the lights together, and, hopefully, in the future, add additional displays.
Discussion occurred regarding the matter, at which time Ms. Cullen was questioned as to whether this issue had been presented to the Tourist Development Council, for funding.
Ms. Cullen stated that a presentation is scheduled to be given to the Tourist Development Council on July 29, 1998. She stated that the Lake County Water Authority was approached, however, no decision was made, other than the fact that they would entertain lighting at Hickory Point.
Commr. Cadwell stated that, with the amount of money being requested, he would like to have the County Manager, Ms. Sue Whittle, look at it and come back to the Board with a recommendation, as to where said funds would come from, as well as have a recommendation from the Tourist Development Council, noting that he felt it was the logical place to go for the funding, due to the fact that the purpose of the project is to create bed nights, etc.
Commr. Swartz stated that he felt it was a worthwhile effort, however, felt that, if it was primarily designed to bring tourism into Lake County, then it was something that the Tourist Development Council should provide funding for, rather than taking it from the General Fund.
Ms. Sue Whittle, County Manager, informed the Board that the County's participation last year was decorating the major buildings in Tavares, including the Public Works building, and the Welcome Center. She stated that it is the County's intention this year to greatly enhance those displays and to, perhaps, add the Judicial Center. She stated that the County also provided some assistance with the installation of lights for a couple of other agencies, who requested assistance.
It was the consensus of the Board to present the request for funding by the Lights of Lake Steering Committee to the Tourist Development Council, for a recommendation, to be brought back to the Board at a later date.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
SUITS AFFECTING THE COUNTY/WATER AUTHORITY
Mr. Sandy Minkoff, County Attorney, addressed the Board, stating that he was requesting two things: (1) approval of an agreement that was negotiated between Lake County, Polk County, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the Ocklawaha Basin Recreation and Water Conservation and Control Authority (Water Authority); and (2) authorization to retain engineers and experts for litigation that is occurring, regarding the matter. He stated that, even if the Board and all the other governmental bodies involved approved the agreement, it is still subject to ratification by a hearing officer; therefore, the County needs to begin work on the litigation. He stated that Dr. Robert Taylor, Executive Director, Lake County Water Authority, has indicated that he felt the Water Authority and the County should share experts and the costs involved, on an equal basis. He stated that it is felt there will probably be two experts and that the County's share of the costs involved will be approximately $20-30,000.00. He noted that, currently, the County is planning to use Mr. Will Davis, Land Planning Group, Inc., as one expert; however, they will need to retain the services of a licensed engineer, as well.
On a motion by Commr. Good, seconded by Commr. Cadwell and carried, by a 4-1 vote, the Board approved one of two requests by the County Attorney, being to work with the Water Authority and pay half of the costs involved, estimated to be $22,500.00, for retaining engineers, plus an additional $10,000.00 for experts, regarding the Lake Lowery issue and possible litigation involving same.
Commr. Hanson voted "No".
Regarding the second of two requests by the County Attorney, Mr. Minkoff informed the Board that the agreement before them was the final draft of the agreement and that it recognizes the fact that there is a big difference of opinion between the Polk County Board of County Commissioners and both water management districts, as well as the Lake County Board of County Commissioners and the Lake County Water Authority, with regard to the direction that water flows out of Lake Lowery, under certain circumstances. He stated that the agreement attempts to avoid litigation, by suspending it, and trying to study what naturally occurred before man got involved, to determine which point of view was correct, and then base a solution for the problem of flooding on that study. He stated that his recommendation to the Board would be to approve the agreement, although it looks like the only government that has not approved it is the Water Authority. He stated that it appears the agreement will never become effective, because it provides that it only becomes effective when all the governing bodies approve it.
Dr. Robert Taylor, Executive Director, Lake County Water Authority, addressed the Board and updated them on the action that the Water Authority took and the reason for same. He stated that several months ago he addressed the Board and made a point, at that time, about the need to take a big picture approach, with regard to the Lake Lowery situation. He stated that they also need to quantify the flows in various directions - historical and current - and take that into account, when talking about what solution to follow. He stated that, what came out of that discussion was the idea that all the governmental parties involved would join together and do a joint study, to try to obtain some answers. He stated that, over the next couple of months, they went through several revisions of the proposed agreement, trying to make it acceptable to everyone. He stated that, what happened over that time that influenced the decision that the Water Authority Board made was that the high water conditions that once existed in Lake Lowery no longer exist. He stated that the diversion structure that was built, that drains water from Lake Lowery to Lake Henry, is functioning today, under an emergency authorization from
the SJRWMD; therefore, in the opinion of the Water Authority Board, there is no emergency, and to commit to allowing that structure to function for the next year would not be appropriate. Dr. Taylor stated that another issue is the fact that the verbal commitments that have repeatedly been made by Polk County, to try to increase flow to the north, by removing various impediments and by checking roads and seeing what impacts the sand mines have had, etc., they have done absolutely nothing to make that happen. He stated that all their efforts have been directed toward the diversion, either to Lake Henry or to Lake Haines, to the south. He stated that he was supportive of the study in question, up to the time that the Board voted, and was recommending that they approve it; however, the situation changed and the Water Authority Board was looking at current factors, not the least of which was the lack of good faith, on the part of Polk County, to follow through with what they said they would do, yet have not done, to date. He stated that, all factors considered, the Water Authority Board did not approve the agreement. He stated that his understanding about the matter, as far as all the other agencies are concerned, is that the SWFWMD approved the agreement; however, it was contingent upon the individual petitioners agreeing to the abatement, which he understands they have not agreed to. He stated that Polk County approved the agreement; however, he has since been informed that they have rescinded their approval and he was not sure what the status was at this time. He stated that the SJRWMD was supposed to deal with the issue on Wednesday, July 8, 1998. He stated that he felt the agreement and study was a good idea, taking everything into account; however, the Water Authority Board did not approve it and whether or not the situation changes, it will not go into effect, because they have not approved it.
Commr. Hanson stated that she did not support the request, to begin with, because of the lawsuit; however, she feels the Board is trying to force the water management districts to do what they are charged with doing and have not done. She stated that it is not the fact that she did not support the Lake Lowry issue, it is just the fact that it is not the Board's job, or the Water Authority's job to make them do what they are supposed to do. She stated that she is finding more and more that they are bowing to political pressure and that is not what they are supposed to do - they are supposed to be above that and do the right thing. She stated that she would not support the agreement.
Commr. Good stated that he felt the Board did not need to sign the agreement, because it was originally an attempt to negotiate a positive study of the Lake Lowery issue; however, since that time, it has become a political tool for Polk County to delay making any significant concessions. He referred to Page 9 of the agreement, stating that, under Section XIII - Restrictions, if the Board were to go from Item A to F, they would see that the County, in the process of negotiations, was making all the concessions and receiving very little benefit. He stated that, with regard to the culverts, they were permitted as emergency permits; however, there was never an emergency - it was a long-term series of errors that created a tragic situation for the people who live in the effected area. He stated that the County was granting concessions that would help Polk County resolve their issue, over time, in exchange for them agreeing to study this issue and find a long-term solution. He stated that the County made tremendous concessions, for the short-term, to get a long-term solution, and he feels Polk County took advantage of that situation and did not operate in good faith, based on the County's negotiations and the agreement. He stated that he did not feel it would make sense, at this point in time, for the County to sign the agreement.
Commr. Cadwell stated that he agreed with the goal alluded to by Commr. Good, however, feels that the Board needs to show good faith, approve the agreement, and move forward.
Commr. Gerber stated that she felt whatever comes out of the agreement is going to be the basis for a court case anyway, therefore, was in favor of moving forward with the matter.
Commr. Swartz stated that he believes a situation exists where Polk County and, perhaps, each of the water management districts have a different point of view than Lake County. He stated that it may be a political point of view, as opposed to an environmental and scientific point of view; however, he does not believe that it is going to change. He stated that the fact that the Water Authority has agreed not to sign the agreement, it has no enforceability or meaning, unless they were to change their mind; therefore, he would not want to sign it, until they chose to do that, or the Board saw some indication from Polk County on the matter.
On a motion by Commr. Good, seconded by Commr. Gerber and carried, by a 4-1 vote, the Board denied a request from the County Attorney for approval and execution of an agreement between Lake County, Polk County, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the Water Authority, to provide for a Comprehensive Surface Water Study of the Lake Lowery region; and authorized the Chairman of the Lake County Board of County Commissioners to communicate with Polk County and
agency representatives the Board's position, being that they did not sign the agreement, and that they need to move toward an Administrative Hearing.
Commr. Cadwell voted "No".
COMMISSIONERS/MEETINGS
At this time, Commr. Good left the meeting, for the remainder of the day, due to another commitment.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
COMMUNITY SERVICES/COUNTY PROPERTY/MEDICAL EXAMINER
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that the County Attorney, Mr. Sandy Minkoff, has been in discussions with representatives from Leesburg Regional Medical Center (LRMC) for the past several months, with regard to the sale of the County property where the District Medical Examiners facility is presently located. He stated that the County had received two appraisals for the property and that staff would like approval and authorization to begin conducting further negotiations with LRMC, to sell the property.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval for staff to conduct further negotiations with Leesburg Regional Medical Center, for the sale of the County property where the District Medical Examiners facility is presently located; and approval for staff to begin the Consultants Competitive Negotiation Act process, as required by Chapter 255, Florida Statutes, for architectural services.
Commr. Good was not present for the discussion or vote.
CONTRACTS, LEASES AND AGREEMENTS/ECONOMIC DEVELOPMENT
RIGHTS-OF-WAY, ROADS AND EASEMENTS
Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board and explained this request, stating that the Board had before them a non-exclusive easement agreement for Ameritec to utilize Church Lake, for the purpose of testing their boats. He stated that there are some restrictions in the agreement limiting the use of the lake from 10:00 a.m. to 5:00 p.m., Monday through Saturday, which will prevent Ameritec from starting too early in the morning, or staying out on the lake too late at night, testing the boats. He stated that Mr. and Mrs. Ackerbloom, the owners of Ameritec, are in agreement with the restrictions contained in the agreement and have indicated that they will not utilize the lake more than two hours per day.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, by a 3-1 vote, the Board approved a request from Economic Development for approval and execution of a Non-Exclusive Easement between Lake County and Mr. and Mrs. Ackerbloom, allowing the construction of a boat ramp to Church Lake and use of the lake for testing purposes.
Commr. Gerber voted "No".
Commr. Good was not present for the discussion or vote.
ACCOUNTS ALLOWED/COUNTY PROPERTY/PUBLIC WORKS
ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval to award Phase II of Christopher C. Ford Central Park Project No. 10-98 to Boykin Enterprises, in the amount of $1,826,172.00.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval to award Phase II of Christopher C. Ford Central Park Project No. 10-98, Bid No. 98-101, to Boykin Enterprises, Inc.; and to encumber and expend funds, in the amount of $1,826,172.00 - Commissioner Districts 1 and 5.
Commr. Good was not present for the discussion or vote.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC WORKS
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board appointed the following individuals to the Lake County Citizen Transportation Advisory Committee:
Susana Gibson (Business Community)
Howard Barry (Retirement Community)
Terri Diesbourg (Education Field)
Paul Bryan (Real Estate)
Commission District 1
Lorraine Johnson
Commission District 2
(To be indicated at a later date)
Commission District 3
Tom Winn
Eloise Fisher
Commission District 4
Desmond Byrne
Elmer E. Webb
Commission District 5
Lee Hokr
Commr. Good was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
COMMUNITY SERVICES/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 1998-100, appointing Mr. Bob Spector to the Lake County Affordable Housing Advisory Committee, as the Representative who is Designated as an Advocate for Low-Income Persons, for a term ending November 24, 1998.
Commr. Good was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC WORKS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the appointment of new members and alternates and the confirmation of existing appointees to the Lake County Transportation Disadvantaged Coordinating Board.
Commr. Good was not present for the discussion or vote.
RESOLUTIONS/TOURIST DEVELOPMENT
Mr. Dave Warren, Tourist Development Director, addressed the Board and explained this request, stating that the Tourist Development Council was requesting approval of a Resolution appointing Mr. Charles Kelsey to the Tourist Development Council, replacing Mr. Robert Beucher, who resigned, after serving on the Council for 15 years.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the Tourist Development Council for approval and execution of Resolution No. 1998-101, appointing Mr. Charles Kelsey to the Tourist Development Council, representing the category of Owner/Operator Collecting Resort Tax, replacing Mr. Robert Beucher, who resigned.
Commr. Good was not present for the discussion or vote.
Commr. Cadwell suggested that a Resolution be prepared for Mr. Robert Beucher, recognizing his years of service to the County, to be presented at a later date.
It was the consensus of the Board to do so.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC WORKS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board appointed Ms. Angelina Keiser to the Lake County Transportation Disadvantaged Coordinating Board, in the category of Citizen Advocate/User Representative, to complete a term ending June 17, 2000, created by the resignation of Mr. Corban Discher.
Commr. Good was not present for the discussion or vote.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that he was recommending denial of the request.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney to deny a request by Ms. Lori Wheeler, Esquire, to consider an Amended Order Certifying Costs issued by the Court, in the amount of $23.00, for costs expended in the following Circuit Court Case - State of Florida vs. Scott Martin, No. 94-1024-CF-MH.
Commr. Good was not present for the discussion or vote.
COUNTY ATTORNEY/GROWTH MANAGEMENT/ORDINANCES/SUBDIVISIONS
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it was a request for approval to advertise a Land Development Regulations amendment. He stated that there was some confusion as to what the title opinion was supposed to have contained, with regard to a recent plat in District 2. He stated that the proposed Ordinance clarifies exactly what should be contained within the plat and requires that it be given to staff during the preliminary plat process so that, when staff is reviewing the preliminary plat, they can see what easements are contained within the plat.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to advertise
an Ordinance amending the Lake County Land Development Regulations, Section 14.07.04, Submittal Requirements for Subdivisions to require a Title Opinion Report.
Commr. Good was not present for the discussion or vote.
COUNTY ATTORNEY/MEETINGS/PROPERTY APPRAISER
Commrs. Swartz and Gerber noted that they would not be available to serve on the Value Adjustment Board tentatively scheduled for August 6 and 7, 1998, therefore, suggested that the dates be changed.
It was noted that Commrs. Swartz, Hanson and Cadwell would serve on the Value Adjustment Board this year.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to set August 13 and 14, 1998, as the dates for the Value Adjustment Board for 1998, to hear requests regarding Agricultural and Homestead Exemptions; appointment of Board members to sit on the Value Adjustment Board; and approval to set September 30 and October 1 and 2, 1998, as the tentative dates for the Value Adjustment Board, to hear requests regarding property assessments.
Commr. Good was not present for the discussion or vote.
The Chairman suggested that it be impressed upon the School Board members serving on the Value Adjustment Board this year the need to have a quorum present at all the meetings.
CONTRACTS, LEASES AND AGREEMENTS/COUNTY ATTORNEY
STATE AGENCIES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it was a Vested Rights Determination that the Board had approved; however, the Department of Community Affairs appealed the application and filed a Petition for Appeal of Development Order.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval and execution of a Settlement Agreement between Lake County; Albert and Angelo Polley; Bennie Allison; and the Department of Community Affairs, the Petitioner, recognizing that the Vested Rights Determination issued by the County was correct.
Commr. Good was not present for the discussion or vote.
COUNTY ATTORNEY/COUNTY PROPERTY/MUNICIPALITIES
It was noted that this request involved a Settlement Agreement approved by the Board on July 23, 1996, regarding the sale of a parcel of property in Fruitland Park that the County purchased from Donald and Carliss Watson, that had been listed with the Paulling O'Kelley, Inc. real estate firm. The firm is no longer in business; therefore, the County Attorney is requesting that the property be listed with Inland Realty of Leesburg, for a period of six months.
Mr. Sandy Minkoff, County Attorney, informed the Board that, if the property does not sell by the end of the six months, they will need to look at some other alternatives. He noted that the County has been trying to sell the property for one and a half years, to date.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval and execution of a Listing Agreement with Inland Realty of Leesburg, regarding property in Fruitland Park that was the subject of a Special Master proceeding involving Lake County, Donald and Carliss Watson, and the Hill Group.
Commr. Good was not present for the discussion or vote.
ACCOUNTS ALLOWED/BUILDING DEPARTMENT/COUNTY ATTORNEY
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a rate increase for outside counsel for the Board of Building Examiners, from $90.00 per hour to $100.00 per hour, to be consistent with other departments.
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/DEEDS
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that he and Mr. Bob McKee, Lake County Tax Collector, have been working together, trying to get through the maze of bankruptcy and federal courts and feel that they now have approval to apply for a tax deed on the All Seasons Resort, Inc. property, located at Hwys. 474 and 27. He stated that All Seasons Resort owes approximately $1.1 million in back taxes.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to apply for a tax deed on the All Seasons Resort, Inc. property, located at Hwys. 474 and 27.
Commr. Good was not present for the discussion or vote.
ADDENDUM NO. 1
REPORTS
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT 3
APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board appointed Mr. Byron E. Thompson to the vacant District 3 position on the Citizens' Commission for Children Committee, to complete a term ending May 14, 2000.
Commr. Good was not present for the discussion or vote.
REPORTS
COMMISSIONER GERBER - DISTRICT 1
COMMISSIONERS
Commr. Gerber informed the Board, for informational purposes, that they should have received a questionnaire in the mail from the Association of Counties, regarding the Revision 7 Campaign, which she noted needed to be filled out and returned to the Association as soon as possible.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
FIRE AND EMERGENCY SERVICES/RESOLUTIONS
Commr. Hanson suggested that the Board approve a Resolution, to be presented at a later date, and have a reception for the firemen, volunteers, citizens, and Red Cross, for their help and support in fighting the fires that have ravaged so much of the State.
MINUTES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 16, 1998 (Regular Meeting), as presented.
Commr. Good was not present for the discussion or vote.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 16, 1998 (Special Meeting), as presented.
Commr. Good was not present for the discussion or vote.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:55 p.m.
__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/7-7-98/7-24-98/boardmin