Roads - CR 595/US 19 - Discussion Regarding Request by RaceTrac Petroleum for Access Median Opening for Convenience Store-Gas Station Continued After Item I2 (Florida Water Services)
County Engineer Charles Mixson noted that the request by RaceTrac Petroleum, Inc., for an access median opening on CR 595 (Osowaw Boulevard) and Spring Hill Drive at US 19 for a proposed combination convenience store/gas station had been postponed from October 7, 1997. He reviewed the staff report previously submitted. RaceTrac was requesting to construct a full access median opening and a westbound left-turn storage lane in the median of CR 595, in addition to a right-in/right-out access drive on US 19. RaceTrac proposed to modify the CR 595 full access median opening to only a left-in median opening at such time as additional developments occurred south and west.
Mr. Mixson specified that CR 595 began at US 19 and CR 574 (Spring Hill Drive) as a divided collector road that curved from west to north and transitioned into an undivided facility. This roadway served traffic from the Gulf coast communities. The design and construction of the roadway in 1995 envisioned right-in/right-out access to the corner parcels at US 19, with full directional access for a future frontage road approximately 600' west of US 19. The CR 595 median at US 19 contained signs and landscaping for the Hernando Beach community. Modifications to these amenities would be done at the developer's expense. The RaceTrac proposal was in contradiction to CR 595's original design and construction. The preliminary design for improvements submitted by RaceTrac had yet to satisfy County criteria.
Mr. Mixson indicated that the staff recognized the need for adequate site access for developments to prosper, as well as a properly flowing public road network to carry the traffic to, from and by the site. There were natural conflicts in access management. Additional access areas meant more conflicts and disruption to the general roadway traffic. Reduced access locations might create more u-turns and intersection congestion.
Mr. Mixson advised that the advantages of the proposal by RaceTrac for a full access median opening on CR 595 with a left-turn storage lane for westbound traffic were as follows: (1) provided ingress westbound on CR 595 from US 19 and CR 574; and (2) provided egress westbound on CR 595 from the site, until future development occurred. The disadvantages were as follows: (1) allowed conflicts from exiting site traffic with through CR 595 traffic at median opening; (2) presented additional driver decision and reaction westbound from a major intersection that currently included roadway conditions of a new route, lane merge, curve and divided to undivided road section; (3) established precedent for northwest corner parcel to access at the CR 595 median opening, thereby introducing crossing traffic to conflict with CR 595 through traffic; and (4) developed driving pattern that would change (with additional development) creating future confusion.
Mr. Mixson stated that the advantages of the proposal by RaceTrac to modify the CR 595 full access median opening to only a left-in median opening at such time as additional developments occurred to their south and west included: (1) provided ingress at the site westbound on CR 595 from US 19 and CR 574, until future development occurred; (2) provided egress at the site westbound on CR 595, until future development occurred; (3) future full access would be realized via the median opening 600' west of US 19 with a frontage road and shared parcel access; (4) would remove all movement conflicts associated with any type of median opening; and (5) relocated any turning movements on CR 595 further from the US 19 intersection. The disadvantages included: (1) developed driving pattern that would change (with additional development) creating future confusion; (2) allowed conflicts from exiting site traffic with through CR 595 traffic at median opening; and (3) presented additional driver decision and reaction westbound from a major intersection that currently included roadway conditions of a new route, lane merge, curve and divided to undivided road section.
Mr. Mixson remarked that the third scenario involved the determination to not allow any median opening on CR 595 at the site at this time, which produced the following advantages: (1) would remove all movement conflicts associated with any type of median opening; and (2) did not develop driving pattern that would change creating future confusion. The disadvantages included: (1) did not provide access at the site westbound on CR 595 until future development occurred; and (2) forced westbound traffic to u-turn at the US 19 and CR 595 intersection, or south of said intersection on US 19.
Mr. Mixson indicated that the developer provided a letter indicating that the median cut would only be for RaceTrac and that future development would have their own interest at the 600' further to the west or some other modification approved by the County.
The staff recommended that the median cut on CR 595 be approved for RaceTrac traffic only, not serve developments to the south and west, and any landscaping and sign replacement be at the developer's expense.
Chairman Lossing asked if the staff had met with the Hernando Beach Business Association (HBBA) regarding the new recommendation.
Mr. Mixson responded that the staff had met with the HBBA, but not to any great length.
Comm. Sullivan stated that the Hernando Beach Property Owners Association and the HBBA were opposed because the median cut was too close to US 19 and the current concern of traffic going from west to east around the turn past the wastewater treatment plant.
Responding to Chairman Lossing, Mr. Mixson stated that the location of the RaceTrac would be at the transition point of the curve.
Comm. Robinson indicated that she had received numerous telephone calls from citizens in the coastal area expressing concern regarding the safety element.
Comm. Sullivan reported that the Board had recently decided that the release of property would not be given to Florida Water Services (FWS) until an agreement was reached regarding landscaping the wastewater treatment plant. He noted that no agreement had been reached and that the latest proposed plan did not meet the Board's requirements (8' high landscaping with 60% opacity). He felt this issue should not be discussed as he was not willing to release the property to FWS without an agreement to landscape.
Comm. Robinson suggested tabling this item until the FWS issue (Item I2) was disposed of.
Comm. Sullivan felt the decision to release the site should be discussed first.
Utilities - Florida Water Services - Release of Land Use Restriction Authorized/Staff to Coordinate Landscape Design to be Presented by December/Status Report on Odor Problem to be Provided in Nine Months
The staff report noted that Florida Water Services Corporation, f/k/a Southern States Utilities, Inc., (FWS) proposed to sell an approximately one-acre tract of land fronting on US 19 to RaceTrac Petroleum, Inc. (RaceTrac). The parcel of land was acquired by FWS from the Deltona Land and Investment Corporation in 1979, as part of a larger transaction. The land conveyed to FWS was subject to a restriction that the property be used primarily for a sewage effluent spray irrigation area. The restriction remained on the property unless released by the County.
FWS advised that the one-acre tract was not needed for spray irrigation or other utility-related purposes. The Utility and Planning Departments had reviewed the request to release the property from the restriction. Both departments had advised that they had no objections to the County releasing FWS from the restrictions.
The request for release from the County on behalf of FWS in connection with its sale to RaceTrac was placed on the Board agenda of September 16. At that time, the Board advised FWS that the release was conditionally approved pending a commitment to a landscaping project on the perimeter of the FWS wastewater treatment plant on Osowaw Boulevard (CR 595). The Board further directed that the landscape buffer be a minimum of 8' in height and provide a minimum of 60 percent opacity.
FWS responded to the Board request in a letter dated September 29. FWS had proposed the following timetable for the landscaping project: By December 19, 1997, FWS and the County would agree jointly on a reasonable landscaping project; and By April 30, 1998, the mutually agreed upon landscaping would be in place. The staff noted that there was no formal agreement with FWS to complete the landscaping project. If the Board approved the release of the land use designation at this time, there was no recourse should FWS default on its obligation to install the landscape project. The staff felt that FWS' letter of September 29 obligated FWS to the landscaping project, so the request for release should be granted as "good neighbor" policy without a formal agreement.
The staff recommended the following: 1. That the Board authorize the release of the land use restriction as requested by FWS from the County and authorize the Chairman's signature on the release; and 2. That the Board direct the staff to coordinate the appropriate landscape design and installation with representatives from FWS and the Hernando Beach homeowners and business owners, and that such design be presented to the Board for approval by December 1, 1997.
Mr. John Brasher, on behalf of Florida Water Services (FWS) and RaceTrac, introduced Jonathan Balou of RaceTrac; Tony Luke, Transportation Engineer; Nick Nicholson, Nicholson Engineering, Inc.; Charles Sweat of FWS; and Ed Shrank, legal counsel for FWS. He stated that when the requirement for landscaping was added to the condition of release, FWS agreed to provide a plan for landscaping, and provided a letter to the County with a date for the plan (December 1997) and completion of the landscaping requirement by April 1998. He felt this was reasonable and that the plan would be acceptable to the County.
Comm. Sullivan noted that residents in the area had met with representatives of FWS regarding proposed landscaping options, the latest of which was not near the Board's directions regarding the landscaping of the plant. He stated that the Board wanted total landscaping of the plant with plants being a minimum of 8' in height with 60% opacity and until the situation was resolved, he was not willing to release any property. He wanted assurance that there would be a landscaping project around the plant approved by the Board.
Mr. Brasher responded that Mr. Sweat was not familiar with the communications with the homeowners associations; but conveyed that it was the intention of FWS to comply with the County's requests and had planned to budget for these items next year.
Comm. Sullivan noted that there was no definition of "reasonable costs" and no written agreement.
Mr. Brasher recommended seeking an approval of the release contingent upon a written agreement; have the memorandum constructed in order to satisfy the County's requirements; and have that become a concrete contract at which point the release could take effect.
Comm. Mills indicated that if the County wished to encourage corporations to the county, the Board must show some respect for the FWS decisions to cooperate. She stated that the letter from FWS was agreeable to her.
Comm. Robinson commented that FWS had set a time table, and even though there were some loose ends, FWS understood the perimeter issue, etc. which she felt could be worked out and would occur in the appropriate time frame.
Comm. Sullivan asked why the staff memorandum indicated that there would be no recourse if FWS defaulted.
Comm. Robinson felt that since FWS was a part of the county for years, she did not feel default would occur.
Comm. Sullivan requested a written agreement that FWS would comply with all County requirements.
Mr. Brasher noted that FWS was unaware of the requirements and Mr. Sweat was unaware of this situation.
Chairman Lossing agreed that the letter received from FWS memorialized their agreement to perform the agreement.
Motion
Comm. Robinson moved the staff recommendation; seconded by Comm. Mills and carried 4-1 with Comm. Sullivan voting Nay.
Comm. Sullivan reviewed the minutes of a meeting held at the Coast Guard Auxiliary Building on October 6, 1997, regarding odors at the wastewater treatment plant. He read the Motion made regarding not releasing the property until the odor was taken care of and requested the status of the odor issue.
Comm. Robinson noted that she had addressed those concerns directly with Mr. Brasher.
Mr. Brasher stated that Mr. Sweat was to place in motion an investigation of how to correct the situation.
Comm. Sullivan stated that the Board voted not to accept a masking solution and indicated that appropriate technology was available to eliminate the odors which was to be done prior to releasing the property.
Comm. Robinson requested the Board to place a time frame for a solution to the problem and suggested three months.
Mr. Brasher noted that once the process and equipment was determined, it would take more than 90 days to obtain the permits.
Mr. Nicholson stated that six to nine months would be a reasonable time frame. He stated that after discussions with FWS, FWS would look into resolution of the issue. He requested the Board to approve nine months.
Comm. Sullivan stated that he wished to have a wastewater treatment plant expert provide advice as to an appropriate time frame.
Mr. Nicholson stated that he qualified as an expert since he designed treatment plants for over 20 years and dealt with the Department of Environmental Protection on a daily basis. He stated that Mr. Sweat would provide a written statement regarding the time frame if requested.
Chairman Lossing called a recess to await the arrival of Utilities Director Richard Radacky.
RECESS/RECONVENE
The Board recessed at 3:10 p.m. and reconvened at 3:30 p.m.
Chairman Lossing reported that he had a discussion with the engineer in the Utilities Department who indicated that six to nine months was an appropriate time frame and recommended nine months.
Mr. Brasher felt nine months was an appropriate time frame, but offered that the FWS engineers work with the County to determine what was being done by the County to correct this problem in their operations. He stated that the funds spent on this plant to correct the problem was the basis for an increase in rates and cost of operations to the citizens.
Mr. Nicholson requested the opportunity to work with the County Utilities staff to ascertain the County's solutions to the problems in County plants.
Comm. Sullivan pointed out that the odors at the FWS treatment plant began to deteriorate when the reuse system was constructed and continued to worsen. He stated that the Utilities Department did not have a reuse system. He requested County Attorney Bruce Snow to explain the staff memorandum portion relating to "no recourse."
Mr. Snow stated that as far as the commitment of FWS to perform any landscaping or other improvements at the plant site, the commitment was a moral one and not pursuant to a contract or land use regulation that would be binding as a matter of law. He continued that if FWS breached that commitment the County would not have the ability in law to compel them to fulfill a "moral" obligation.
Chairman Lossing requested Mr. Snow to explain a "release contingent upon."
Mr. Snow replied that to the extent the Board received written confirmation that the release was conditioned upon the compliance of the landscaping provisions, in his opinion that became a binding obligation conditioning a conveyance or other type of land use consideration for specific conditions which would take on the character of a legal obligation.
Comm. Sullivan asked who determined the definition of "reasonable" as contained in the FWS letter which indicated FWS was willing to spend a reasonable amount of money to implement the request.
Mr. Snow responded that if looking at a non-binding legal commitment, there was no standard and no ability to enforce it. He continued that if there was a legally binding commitment, he recommended the sum of money be tied to a type of landscape plan as it was difficult to determine a reasonable amount of funds.
Comm. Robinson agreed with Mr. Snow, but felt that if the plan was to landscape those perimeter areas that connected to the roadway at a 60% opacity, 8' tall that would dictate the cost FWS must bear to accomplish that and would be a reasonable cost.
Mr. Shrank stated that FWS wished to obtain a release of one acre and to deal with the technical issue regarding traffic. He noted that FWS owned a large amount of property in the County, and had a reasonable impact on the infrastructure and the "good neighbor" plan. He stated that it would not be in the interest of FWS to give the County the impression that it did not meet its obligations. He continued regarding the odors from the plant and stated that in the spirit of cooperation to get the odor situation addressed in a reasonable period of time and cost effective manner.
Roads - CR 595/US 19 - Request by RaceTrac Petroleum for Access Median Opening for Convenience Store-Gas Station Denied
(Note: Staff report contained in prior discussions on the issue earlier in the meeting.)
Mr. John Brasher, on behalf of Florida Water Services (FWS) and RaceTrac, noted that the layout of the turn was a result of meetings with engineers, transportation experts and County engineers. He pointed out that County Engineer Charles Mixson identified the concerns of the County earlier regarding the curb cut by indicating that he had no problem with the number of trips generated and required to turn in and out of the site as long as the break was there only to service RaceTrac and made it clear that in the event the turn serviced something other than RaceTrac, the level of service at that intersection would be reduced and the functional integrity of how it worked damaged. He pointed out that Mr. Mixson also stated that FWS was addressing the issues and trips generated for this particular use and felt there was no reason to deny the access point for this present use. He stated that in the future there would be other design considerations at the entire intersection when something larger was planned. He indicated that RaceTrac agreed that any future access to the balance of the property and how that transportation element was dealt with would be done based upon transportation analysis. He indicated that this was an access management issue, and that a facility was planned with all analysis documented by engineering studies with a limited number of crossings anticipated to service the facility. He requested that the Board ratify the staff's recommendation to approve the median break at this point with the modifications that this point of access would be only for RaceTrac. He stated that his client agreed to the recommendations. He felt there was no reason for the Board to feel that the amount of trips and traffic generated by this facility would cause any breakdown in the integrity of the intersection.
Comm. Robinson asked Mr. Mixson how far was the turn in from US 19 for the gas station at Regency Oaks.
Mr. Mixson reviewed the standards and stated that this was over 300' from where the median cut would occur.
Comm. Sullivan asked whether the Hernando Beach wall was the closest to US 19 allowed by the County.
Mr. Mixson replied the wall was placed as far back from US 19 as possible. He stated that the wall could be closer.
Comm. Sullivan understood that in order to place the left turn lane, the sign would have to be moved closer to US 19. He asked how much closer and would it create a traffic hazard.
Mr. Mixson replied that the sign would be 20' to 30' closer and should not create a traffic hazard. He stated that the wall was not within the sight triangle and was well outside the minimum requirements.
Comm. Sullivan asked if access would pose potential driving hazards.
Mr. Mixson responded that there should be a safe stopping distance and sight distance at the posted speed.
Chairman Lossing asked at what speed would there be a sight distance problem.
Mr. Mixson replied that the curve was posted at the proper speed for stopping sight distance.
Comm. Sullivan asked Mr. Mixson what was meant by his comments that the RaceTrac proposal was in contradiction to CR 595's original design and construction.
Mr. Mixson replied that when the original design and negotiations were done the right turns and median cut were laid out, and this development and left turn lane was in conflict with the original design.
Comm. Sullivan asked if during the design phase was there any consideration to a piece of vacant land on US 19 in a commercial area.
Mr. Mixson replied that it was considered. He reviewed the contents of the original plan.
Comm. Robinson asked if this would be a temporary or permanent median opening.
Mr. Mixson responded permanent for RaceTrac only.
Comm. Mills felt that the Board was neglecting to consider traffic congestion on US 19. She felt that if access was not provided vehicles would be making U-turns to return to the station. She would rather see an access lane than have vehicles making U-turns to enter the station.
Chairman Lossing agreed with Comm. Mills, but did not like the alternative. He asked what would prevent a semi-truck from making a left turn.
Comm. Robinson indicated that a large vehicle on Osowaw Boulevard would be a problem and felt that US 19 was the access point for a tanker.
Mr. Brasher stated that the design and length of the stacking lane was to anticipate the number of cars that could pull into the facility and felt it was better to get those vehicles out of the direct traffic. He stated that trucks entering the station were not frequent and RaceTrac scheduled those to come in at night.
Comm. Mills noted that this issue was strictly for the turn lane.
Comm. Sullivan indicated that the Board had voted to release the hold on the property to FWS.
Motion
Comm. Mills moved the staff recommendation to proceed with RaceTrac for the median opening as discussed.
Mr. Mixson read the staff recommendation as follows: the median cut on CR 595 be approved for RaceTrac traffic only and not serve developments to the south and west, and landscaping and sign replacement be at the developers costs.
Comm. Mills indicated that that was her Motion.
The Motion died due to the lack of a second.
Chairman Lossing asked if the Board wished for Mr. Mixson to perform additional safety studies and return to the Board with his findings.
Motion
Comm. Sullivan moved to deny the access; seconded by Comm. Robinson and carried 3-2 with Chairman Lossing and Comm. Mills voting Nay.
Comm. Robinson requested that Mr. Brasher return to the Board in the nine month time frame to advise the progress regarding the odor situation.
Mr. Brasher stated that he believed FWS would fulfill its commitment to the Board. He requested reconsideration of the access issue.
Chairman Lossing responded not at this time.
Comm. Sullivan temporarily left the chambers.
County - Property - Authorization of Payment of $5,900 to Wilbur and Wilma Driggers for Drainage Retention Area in Royal Highlands Approved
Assistant County Attorney William Buztrey noted that the item regarding the purchase of Lot 1 for a drainage retention area (DRA) in Royal Highlands had been postponed from the October 14, 1997, meeting. He reviewed that several years ago when the roads in the area of Royal Highlands were paved as part of the paving project, certain DRAs were constructed. A DRA was constructed on Lot 1, Block 515, Unit 7 of Royal Highlands and at the time, the lot owner was not compensated. This oversight had recently been brought to the County's attention. The lot owner had provided an appraisal report and an offer from his attorney to sell the County that portion of Lot 1 on which the DRA encroached. The owner would retain the remainder of the lot and provide the County a $1,000 credit. The total amount for the encroachment was $5,900. In addition, the County would incur costs in surveying a boundary of the DRA plus an additional five feet to allow for County access. It was the County's understanding that the remainder of the lot was unbuildable and, therefore, without market value.
Mr. Buztrey revealed that the cost to purchase this encroachment was likely not greater than it would have been if the County purchased the encroachment at the time the DRA was constructed.
The staff recommended the Board authorize payment of $5,900 to the lot owner and approve a survey, and authorize the Chairman to execute all necessary documents related to this transaction.
Mr. Buztrey understood that after further review it appeared that the DRA was actually on existing County right of way (ROW) or County property that was used for a DRA. He explained that the owners never advised the County that it was constructing a DRA on their property. He stated that if the property was not purchased the owner had a cause of legal action against the County for condemnation for physically taking his property and the County was required to pay the owner for use of his property.
Motion
Comm. Robinson moved the staff recommendation; seconded by Comm. Novy and carried 4-0 with Comm. Sullivan being out of the chambers.
Roads - Suncoast Parkway - Conveyance of Section 5, Parcel 5-100/Section 6, Parcel 6-120 to Department of Transportation Tabled Until Later in Meeting
Assistant County Attorney William Buztrey related that in conjunction with the construction of the Suncoast Parkway, the Department of Transportation (DOT) needed to acquire certain lands. He stated that generally, where the County owned title to a particular piece of property, DOT would be required to purchase the land from the County or condemn it. However, according to Florida Statutes, for those rights of way (ROW) actually owned by the County and needed by the State, the County was obligated to convey those parcels to DOT at no charge. He explained that the rationale was that these ROWs were already being used for road purposes and there was no detriment to the County in having the road ROWs continued to be used for road purposes even if the road was a limited access highway. He added that the staff had reviewed the ROW maps which had been prepared for accuracy and to ensure the parcels taken were actually owned by the County.
The staff recommended the Board adopt a Resolution conveying the parcel to DOT for no compensation, but with DOT paying all costs of conveyance and transfer of the parcel.
Mr. Buztrey noted that members of Universal Field Services representing the DOT were present in the audience to answer questions.
Comm. Sullivan returned to the chambers.
Comm. Sullivan pointed out that one survey showed the Suncoast Parkway to the west of Brookridge and the second survey showed the Suncoast Parkway to the east of Brookridge. He asked which was correct.
Messrs. Clark Gandy and Steve Benson of Universal Field Services reviewed the maps.
Mr. Gandy stated that map was incorrect regarding the location of the Suncoast Parkway, but indicated that it had no impact on the request. He stated that they were requesting acquisition of County ROWs which were identified on the individual maps provided.
Mr. Buztrey suggested passing this item until the mylars were brought to the chambers.
Mr. Benson stated that the mylars were reflective of the requests.
County - Government - Proposal Submitted by Creative Insights Corporation for Addition of Charter Government Review Approved/Maximum Cost to be $9,600
Deputy County Administrator Jennene Norman recalled that on October 14, 1997, the Board approved an Organization/Structure Review with Creative Insights Corporation (CIC) (Dr. John Daly and Dr. Edwin Benton). The Board had requested that CIC provide a proposal for a review of "Charter Government." She noted that a proposal had been submitted by CIC outlining the approach for the review.
Ms. Norman reviewed that Drs. Daly and Benton were present to answer questions regarding the proposal. She noted that the additional cost for this element would be $9,600.
Motion
Comm. Sullivan moved approval for the addition to the organizational structure review having to do with charter government to the maximum cost of $9,600; seconded by Comm. Novy and carried unanimously.
Impact Fees - Sylvia Davis - Approval of Partial Payments
Development Director Grant Tolbert reviewed the staff memorandum submitted regarding a request by Sylvia Davis for impact fee partial payment. He noted that the applicants' annual income met the Board's policy.
Mr. Tolbert related that the total amount of impact fees was $2,948. If the appeal for impact fee partial payments was approved by the Board, the first payment would be $737.00; the second payment $792.30; the third payment $773.85; and the fourth payment $755.42.
Mr. Tolbert noted that he explained to Mrs. Davis the penalties for failure to make the payments.
The staff recommended the Board approve Mrs. Davis' impact fee partial payment request since her annual income qualified with the Board's policy.
Motion
Comm. Robinson moved to approve; seconded by Comm. Novy.
Comm. Sullivan noted that the payments did not leave much money left over for Mrs. Davis' additional monthly expenditures.
Mr. Tolbert stated that Mrs. Davis responded to that question that she had no choice and would receive help from family or friends to assure the payments were met.
The vote was taken on the Motion and it carried unanimously.
Comm. Robinson understood that a policy would be brought to the Board regarding the staff handling requests for partial payments.
Mr. Tolbert responded that the policy would be presented in the near future.
Municipal Service Benefit Units - Policies - MSBUs Providing Improvements for Private Communities-Properties to be Processed/Decisions to be Made on Merits of Each Case/Previous Policy Not to Cover Private Properties Rescinded
Special Assessments Technician Elaine Singer recounted that on October 22, 1997, the Board postponed discussion regarding establishing a policy on processing requests for Municipal Service Benefit Units (MSBUs) providing improvements to private communities/property in order to obtain an Attorney General's opinion (AGO).
Ms. Singer noted that she received a telephone call that Brookridge was considering withdrawing their petition and would make the final decision tomorrow.
County Attorney Bruce Snow previewed in detail the dilemma identified as a result of discussions regarding creation of MSBUs. He explained that earlier AGOs indicated that special assessments or MSBUs could not be utilized involving private property. He explained that these earlier AGOs were based upon an existing interpretation in Florida law that identified special assessments in the nature of taxes, which could not be expended on private property. He pointed out that a Supreme Court decision changed the law to the effect that special assessments were not taxes and were treated in a different category. He indicated that the test would be whether an MSBU provided a public benefit to be distinguished from purely a benefit on private or public property, such as street lighting which would be a public purpose. He pointed out that creating MSBUs was entirely a policy discretionary decision of the Board except in limited Statutory situations involving dual taxation issues raised by municipalities. He explained that since it was a policy issue, the Board could refuse to create an MSBU regardless of whether or not the property addressed by the MSBU was private or public property.
Assistant County Attorney William Buztrey agreed with Mr. Snow's opinion. He stated that since special assessments were no longer taxes they could be used for private purposes as only those paying the special assessments were owners of the property benefitted, no other citizens would be required to contribute to the special assessments. He explained the caveat that a special assessment for private improvement must pay 100% of the cost including all costs borne by the County. He cautioned the Board from establishing MSBUs for any property, but especially private property. He stated that it would be a policy decision of the Board when to levy special assessments.
Comm. Sullivan understood that the creation of MSBUs for private purposes could be decided on a case-by-case basis.
Mr. Buztrey replied affirmatively and felt that would be appropriate due to somewhat different circumstances.
Chairman Lossing pointed out that taxpayer dollars were used for Ms. Singer's salary and costs of County Engineer Charles Mixson's department.
Mr. Buztrey stated that the private properties benefited must pay all costs including Ms. Singer's salary, Mr. Mixson's engineering costs, etc. He clarified that even though private property may be improved by using an MSBU, it would still benefit the public.
Chairman Lossing asked if there was a problem with any of the proposals made by Ms. Singer.
Mr. Buztrey responded that he saw no problem, but felt that Wellington and Brookridge had the means and method to implement their own street lighting independent of the County since they had mandatory homeowners associations.
Ms. Singer understood that Wellington thought they had to create the MSBU to do the street lighting. She continued that Brookridge may withdraw, which left Heather Sound proposed drainage and road improvements and the Oakley's Mud River Subdivision.
Comm. Robinson asked if The Heather was a voluntary homeowners association.
Ms. Singer did not know.
Mr. John Tenini pointed out that each MSBU paid a 2% administrative fee to the County and asked why the question of Ms. Singer's salary and Mr. Mixson's costs was brought up.
Chairman Lossing explained that Mr. Buztrey had cautioned the Board that all costs associated were paid.
Ms. Singer noted that those implemented were charged a 3% administrative fee.
Comm. Robinson explained that a problem could arise if a private MSBU was denied by the Board and none of the work performed by County staff would be reimbursed.
Mr. Larry Carsillo, president of The Heather Sound Association, explained that it was a mandatory homeowners association. He stated that The Heather was requesting that drainage work be done. He explained the problem was created when the road was constructed and a storm drain was covered with a driveway which collected water.
Mr. Mixson stated that the staff had viewed the area and would report back to the Board.
Mrs. Barbara Ann Lewis indicated that the Statute which permitted MSBUs stated that recreational areas and facilities was an item that could be used. She stated that they were not mentioned in the list and asked if they were privately owned, where they stood.
Mr. Buztrey stated that if the Board found the recreational facility served a public purpose, he felt that MSBUs could be used for any Statutory purposes.
Mrs. Lewis asked if an MSBU was created for a private park must it be opened to the public.
Mr. Buztrey responded not necessarily, but it must serve a public purpose.
Mrs. Lewis noted that private property MSBUs brought $29,000 in fees to the County last year. She understood that the mailings and presentation must be paid prior to the hearing; therefore, there was no loss to the County if it was not approved.
Ms. Singer indicated that only the cost of postage and advertising the public hearing was collected from the petitioner.
Mrs. Lewis felt that a taxpayer was entitled to the services of a County employee.
Chairman Lossing responded affirmatively.
Mrs. Laura Fernald, resident of the Oakleys Mud River Subdivision, stated that she had recently requested approval for an MSBU to replace the bridge. She stated this was an emergency situation since the bridge provided the only access to homeowners and emergency vehicles. She indicated that the fire department and other utility trucks would not cross the bridge. She reported on letters delivered to the Board from residents. She indicated that a meeting was held with representatives of the Southwest Florida Water Management District (SWFWMD), a member of the County Engineer's office and Ms. Singer. She stated that she was hopeful from the meeting as Mr. Bartose, the representative from SWFWMD, indicated that if the Board gave approval, his office would provide the permitting. She requested the Board's approval.
There was no additional public input.
Ms. Singer indicated that she required direction for processing.
Comm. Robinson understood that MSBUs on private property were a Board decision and felt that all should be processed with decisions made on the merit of each case.
Motion
Comm. Robinson moved to process all and make decisions on the merits of each case, and rescind previous policy not to cover private property issues in MSBUs; seconded by Comm. Sullivan.
Chairman Lossing asked if the Motion included the mandatory homeowners association petitions.
Ms. Singer stated that Brookridge stated it may withdraw, but she had not heard if the Wellington would withdraw.
Comm. Robinson asked if Florida Statute indicated who in the citizenship had the opportunity to utilize an MSBU and were mandatory or non-mandatory homeowners association included.
Mr. Snow stated that the creation of an MSBU should be viewed independent of whether or not a homeowners association was involved. He explained that the test was whether or not what was proposed served a public purpose and the Board determined a public purpose.
Chairman Lossing asked who made the decision on processing.
Mr. Snow replied that if it fell in the category discussed by the Statute there was a presumption that those matters were for public purposes. He continued that the distinction would be drawn if the petition was for something other than what was spelled out in the Statute.
Comm. Robinson understood that it would be based more on service and that it served a public purpose.
Planning Director Larry Jennings stated that a list could be generated of facilities considered to be public improvements. Commenting on the Wellington, he stated that the County had had a policy through the development process which required developments to install street lights to create an MSBU. He indicated that a private MSBU had been created for Seven Hills before it was changed to a private-type development. He stated that Board direction was required as to whether a mandatory association was sufficient for the County. He stated that two policies were required: to continue requiring MSBUs for street lights; or continue requiring MSBUS except for those that were mandatory associations, which would be the situation with Wellington.
Ms. Singer stated that she was receiving petitions for grounds maintenance of front entrance areas and asked if that would be considered a public purpose. She indicated that these were done in the past.
Comm. Mills stated that on September 23 the Board unanimously voted to continue MSBUs for municipal services and refrain from MSBUs on private property issues. She wished to continue considering MSBUs for municipal services and safety purposes, and the communities shall devise a solution for anything else.
Mr. Snow advised that the Board could determine categories of MSBUs that did not have a sufficient nexus to be a public purpose or establish areas for which the Board did not wish to consider MSBUs.
Mr. Jennings stated that the County provided the public service of mowing rights of way; therefore, landscaping, entrance maintenance, median maintenance, etc. could be a public-type service, but depended upon the Board.
Comm. Sullivan suggested moving on the four petitions.
Comm. Robinson reiterated the Motion to take all MSBUs and determine each upon merit if private property was included and to repeal the policy not to create MSBUs on private property.
Chairman Lossing felt the Motion would automatically repeal the policy.
Comm. Sullivan stated that the four private property issues in question had to do with the public's health, welfare and safety.
Comm. Robinson emphasized that until policies were set, other than what the law already elaborated, the Board needed to hear all MSBU petitions and make the determination on each case.
Comm. Sullivan suggested establishing "based upon the health, welfare and safety of the community."
Comm. Robinson stated that improving the environment through landscape was important to some and enhanced the quality of life. She wished to allow the community to generate the request, and as long as it fell within Statute guidelines, she felt it should be heard.
Ms. Singer suggested that when petitions were first submitted they be placed on the Consent Agenda if questionable, and if not, on Correspondence to Note.
The Board concurred.
Ms. Singer stated that the Motion was that she continue processing these four petitions and if one or more pulled out, they would not be considered; however, if the remainder wished to schedule public hearings that would be done.
Chairman Lossing responded affirmatively.
Ms. Singer stated that she would bring a policy to the Board in the next few months, but until then she would place the petitions on Correspondence to Note for the Board's review and determination if the petition should be processed at that time.
Comm. Robinson reiterated the Motion to approve these four petitions to move forward, and that Ms. Singer accept all MSBU requests that met currently existing Florida Statute, to be placed on Correspondence to Note for discussion if needed.
The vote was taken on the Motion and it carried 4-1 with Comm. Mills voting Nay.
Comm. Mills explained that she voted Nay since there were two different issues in one Motion.
Mr. Jennings asked if Wellington was required to request an MSBU or was it their option.
Chairman Lossing replied that that did not change.
Ms. Singer questioned whether the Board would require the Wellington to create the MSBU even though it had mandatory associations or would the association be required to do the street lighting instead of the MSBU.
Chairman Lossing stated that the current policy was that they create an MSBU.
Mr. Jennings indicated that that was done as a development policy and if the Board was satisfied with a mandatory assessment covering street lights, the Wellington could be informed to apply for the MSBU or use the mandatory assessment. He indicated that the Wellington either must apply for the MSBU or had the option to apply.
Comm. Sullivan indicated that he wished to provide the option.
Comm. Robinson asked if the mandatory MSBU guaranteed that street lights etc. would be there and be funded during the development process.
Mr. Jennings stated that currently if the developer wished to install street lights, they must create an MSBU to guarantee a funding mechanism.
Mr. Snow stated that the County's purpose from a development standpoint was accomplished by providing the option, either a device where there was a voluntary arrangement to provide street lighting or alternatively through an MSBU.
Comm. Robinson asked if a mandatory homeowners association process was as reliable as the MSBU process as far as generating funds and having services available.
Mr. Snow responded that it was sufficiently reliable to accomplish the purposes of the County through its development requirements.
The Board concurred to make it optional.
Motion
Comm. Sullivan moved that they be given the option; seconded by Comm. Robinson and carried unanimously.
Ms. Singer clarified that she could inform the Wellington that they could either do the mandatory association or the MSBU.
Chairman Lossing replied affirmatively.
Ms. Singer indicated that the Oakley's Mud River Bridge would be processed to public hearing.
Roads - Suncoast Parkway - Conveyance of Section 5, Parcel 5-100/Section 6, Parcel 6-120 to Department of Transportation Postponed to November 25
(Note: Previous discussion held on this item earlier in the meeting.)
Assistant County Attorney William Buztrey indicated that the mylars had been delivered to the chambers. He stated that the mistake regarding the location of the Suncoast Parkway was due to the mylars which contained two different versions of the path of the Suncoast Parkway. He suggested returning the mylars to Universal Field Service for correction and return to the Board at a later time.
Motion
Comm. Robinson moved to postpone the item until November 25; seconded by Comm. Mills and carried unanimously.
County - Administrator - Approval of Shortlist of Candidates
Sheriff Thomas Mylander, serving as Chairman of the Task Force for County Administrator Selection, presented to the Board the shortlist of candidates for the position. The candidates included: Bonnie Dyga; Mark Palesh; Arthur Pizzano; David Sallee; and Anthony Shoemaker. The alternate list of candidates included: Roy Ayres; Paul Bjorkman; James Jarboe; Henry Kita; and Walter Munchheimer.
Sheriff Mylander thanked the members of the Selection Committee and noted that 191 individuals had applied for the position.
Comm. Mills asked if the Board must publicly disband the group and if so, when.
Chairman Lossing replied that when their task was completed the group was disbanded.
Comm. Sullivan thanked Sheriff Mylander for being the chairman of the Selection Committee.
Motion
Comm. Robinson moved to accept; seconded by Comm. Mills and carried unanimously.
Chairman Lossing disbanded the Selection Committee.
RECESS/RECONVENE
The Board recessed at 5 p.m. and reconvened at 5:20 p.m.
Roads - Sam C - Letter of Complaint on Condition of Road Submitted by Resident/Public Works to Prepare Agenda Item for November 25
Ms. Demetra Servent and Mr. Don Sikes, residents on Sam C Road, submitted a detailed letter concerning the condition of Sam C Road and the lack of response from the County to repair the road. She requested the County accept the road for maintenance, grade it every other month and make the road 15' wide instead of 8'.
Public Works Director R. Alan Holbach stated that the portion of Sam C Road in question was a Potterfield easement. He explained that the problem was that a road was never constructed and access had been by a path. He noted that there was some question of fences within the easement. He explained that the County's emergency maintenance policy provided that the County would provide a secondary level of maintenance to County-owned roads, but only to the level of original construction. He indicated that an 8' wide road could not be graded due to the size of the equipment.
Mr. Holbach explained that the County had accepted ownership of Potterfield easements, which were eligible under the emergency maintenance policy, but that was a limited amount of maintenance. He stated that if the Board wished to change the policy, the staff would return with recommendations, but there were expenses associated.
Comm. Sullivan suggested performing a survey of the east side of the right of way (ROW) of those properties that appeared to have fences in the ROW and if proven to be correct, require those property owners to remove the fences from the ROW.
Mr. Holbach replied that if the County wished to bear the expense, it was possible to perform surveys of the easements. He indicated that the issue was legal access to property which in many cases was a 15' easement, and which if not improved, would not provide access. He indicated he could return to the Board with additional information and attempt to ascertain if the fence was within the easement.
Mr. Holbach responded to Comm. Sullivan that the paved portion of Sam C Road was maintained because the County either formally accepted that portion for maintenance at some time, or there had been a de facto acceptance that over the years the County had been maintaining it. He indicated that he did not know who originally constructed the road.
Comm. Mills felt that investigation into this type of situation was required. She asked if title companies investigated fences on property.
Mr. Holbach assumed that a title company's concern was legal access. He noted there were limits as to the type of materials that could be put on the road. He stated that one solution would be an assessment program where the owners would have the road extended to the end of Sam C Road, and have the road paved and fully maintained. He stated that under the current policy a road to be accepted must meet current County standards which required the road to be paved. He stated that he would prepare an agenda item for the next meeting.
Chairman Lossing suggested November 25.
Mr. Sikes stated that he owned 2.5 acres on the paved road and resided on 2.5 acres on the cul de sac. He indicated that the resident to the east side of his property had the 15' easement blocked off with a fence. He stated that that road was a pathway cleared by the previous owner of Mrs. Servent's home. He felt the owners of property on Sam C Road should not have to bear the costs of having the road paved and felt Sam C Road should be paved through to the end.
Comm. Robinson explained that the current County policy was not to perform the first paving on a road, which was to be done by citizens on the road and once paved to County standards, the County would accept the road for future maintenance and repair.
Mr. Sikes expressed concern regarding the poor condition of the road. He stated that he did not care if the road was paved, but wanted it driveable.
Chairman Lossing noted that Mr. Holbach would return to the Board with additional information at the Board meeting of November 25.
Human Resources - Director - Appointment of Ishmael Victor Gonzalez as Interim Director
County Administrator Charles Hetrick noted that due to the recent resignation of Yvonne Joseph as Human Resources (HR) Director, it was necessary to appoint an interim Director. He reviewed that Ishmael Victor Gonzalez had submitted a resume which indicated his qualifications and abilities for an interim appointment pending selection of a new HR Director.
Mr. Hetrick stated the following requirements of Mr. Gonzalez: The rate of pay would be $700 per week; he would not be a County employee, but under contract; therefore, there would be no County or State benefits of any sort; his obligated daily hours would be 10 a.m. to 4 p.m.; and would not continue this arrangement beyond February 1. He clarified that the payment of $700 per week would be by contract whether there was a holiday in the week or not. He stated that if the Board wished to retain Mr. Gonzalez as the interim HR Director under these terms and conditions, the appropriate action would be to move to authorize the Chairman to sign contract documents setting forth these conditions to be prepared by the Legal Department. He indicated that Mr. Gonzalez's start date would be effective November 17 and in the interim he would visit with Mrs. Joseph to be updated on matters.
Comm. Mills stated that she had no problem with Mr. Gonzalez as the interim HR Director.
Motion
Comm. Robinson supported the interim appointment and moved to appoint Mr. Gonzalez as the interim HR Director; seconded by Comm. Novy.
Comm. Sullivan asked if any existing County employees were considered for appointment to this position on an interim basis.
Mr. Hetrick responded not to his knowledge. He indicated that in discussions with Chairman Lossing it was felt that Mr. Gonzalez was qualified and that it might be better to bring in an outside person on an interim basis.
Comm. Sullivan indicated that he favored promoting from within and asked why an on-board County employee was not given the opportunity.
Mr. Hetrick replied that that was the Board's option, but was not considered by him.
Comm. Mills stated that an applicant from within the County could still apply for the position.
Discussion ensued regarding the hiring of an on-board County employee.
Mrs. Joseph stated that she was not aware of any employees who met the qualifications for the HR Director, but did not survey the employees and there was no one in the HR Department who met the qualifications.
Comm. Sullivan asked if there were any current major work situations that would require accomplishment prior to the appointment of the new HR Director.
Mrs. Joseph replied that the current projects were sick leave buy back, policy trainings and the selection of the new County Administrator.
Comm. Sullivan asked if a masters degree in HR was required to handle the buy back situation.
Mrs. Joseph responded that did not think so.
Comm. Sullivan asked if were there current employees who would be capable of handling the buy back situation.
Mrs. Joseph responded she was sure there were.
The vote was taken on the Motion and it carried 4-1 with Comm. Sullivan voting Nay.
Mr. Gonzalez clarified Comm. Sullivan's concern that he would be there on an interim basis. He believed this was a specialty position and required someone able to pick up the slack quickly. He understood that the employees of HR were not qualified, and he was unsure if any other employee may be qualified. He stated that the staff should not "reach" for someone to apply if no one applied for the position.
Comm. Sullivan stated that this was not discussed with him and he knew of no attempt made to ascertain if a current employee could be given the opportunity for the interim appointment.
Comm. Novy asked if there was a conflict of interest since Mr. Gonzalez was on the selection committee.
County Attorney Bruce Snow was unaware of any conflict of interest under the provisions of Florida Statutes, Chapter 112.
County - Administrator - Appointment of R. Alan Holbach as Interim County Administrator
Chairman Lossing stated that it was necessary to appoint an Interim County Administrator to replace Mr. Charles Hetrick.
Mr. Hetrick stated that he discussed the appointment with a number of Department Directors and recommended Public Works Director R. Alan Holbach.
Motion
Comm. Mills moved to appoint Mr. Holbach as interim County Administrator; seconded by Comm. Sullivan.
Comm. Sullivan hoped that the interim County Administrator would remain once the new County Administrator was appointed to familiarize the new County Administrator with personnel, places, etc. He suggested that the interim situation remain in effect for six months after the appointment of the new County Administrator.
Comm. Robinson agreed that a transition period was needed, but did not want to make that period six months since that person would also be managing a department. She suggested that the new County Administrator make the determination
Comm. Mills agreed that the transition period be determined by the new County Administrator.
Comm. Sullivan agreed that the new County Administrator should have the final say as to the transition period, but felt that the opportunity to learn about the County was essential.
Comm. Novy stated that Mr. Angelo Oliva had information to share with the Board in reference to the interim County Administrator.
County Administrator Bruce Snow responded to Chairman Lossing that he was asked a question during the recess regarding the issue of interim County Administrator and could provide that information.
Mr. Oliva commented that the Board did not follow the job description.
Chairman Lossing indicated that Mr. Holbach was not being promoted, but was filling a vacancy.
Comm. Robinson stated that on an interim basis someone who had the ability to handle a position for a short period time could be moved up as interim coverage.
Mr. Oliva stated that there were legal matters that were being overlooked.
Chairman Lossing stated that the legal issue referred to was addressed with Mr. Oliva during the recess and if he was not satisfied with the legal answers, the other recourse would be to take the complaint to the State Attorney's office.
Mr. Oliva pointed out that information was given to Comm. Mills which was not distributed to the Board and urged the Board not to make a quick decision.
Comm. Robinson pointed out that she was not aware of what the issue was that was being discussed.
Mr. Snow explained that when Mr. Holbach was appointed as the Public Works Director, the Board had discussed the status of any academic degree held by Mr. Holbach. He continued that Mr. Holbach had indicated that his degree was not from an accredited college or university. He stated that the Board deliberated on that fact in making its decision as to his appointment and notwithstanding the lack of a degree, determined that that did not preclude them from appointing Mr. Holbach as the Public Works Director. He indicated that a question was posed as to whether that violated Florida Statutes, Chapter 817.567, which constituted a misdemeanor for individuals to represent that they had accredited degrees from accredited universities. He understood that Mr. Holbach did not hold himself as holding any accredited degrees from any accredited university and the Board acted based upon his work experience. He indicated that the question of job description matters and interim appointments were matters of Board policy. He stated that the only question was whether Mr. Holbach was guilty of a misdemeanor and understood from previous Board discussions, he did not represent that he held such degree.
Comm. Novy clarified Mr. Snow's comment that Mr. Holbach did not represent himself as having an accredited degree.
Mr. Snow replied that that was his understanding based upon newspaper accounts, but that he had not reviewed the tape or Board minutes.
Comm. Sullivan stated that whether Mr. Holbach had an accredited degree had nothing to do with his ability to perform the job. He assumed that Mr. Hetrick appointed him without a degree and that he was capable of performing the duties. He asked Mr. Hetrick why Mr. Holbach was selected as permanent Public Works Director and why other departments were placed under Mr. Holbach's control.
Mr. Hetrick responded that Mr. Holbach's performance on the job warranted the appointments and the additions to his responsibilities. He continued that he had no doubts that Mr. Holbach was capable of performing as interim County Administrator.
The vote was taken on the Motion and it carried unanimously.
COMMISSIONERS' REMARKS
Comm. Mills
Roads - Accident Clean-Up - Report on Information Obtained
Comm. Mills reported that some months ago questions were raised regarding clean up of roads after accidents. At that time, County Administrator Charles Hetrick had written to Sheriff Tom Mylander regarding those questions and was informed that the Sheriff's Office notified the Department of Public Works (for County roads) or Department of Transportation (for State roads) whenever there was road clean up to be performed after an accident. She requested that Public Works be contacted only for a safety hazard situation at an intersection.
Comm. Sullivan
Veterans Services - Flu Shots - Community Services and Veterans Services Congratulated for Program
Comm. Sullivan congratulated Community Services Director Charles "Pat" Fagan and Veterans Services Director Ken Wrinkle for the program conducted by Veterans Services for free flu shots.
Licenses - Occupational - Report on Investigation/Workshop to be Scheduled after January 1
Comm. Sullivan stated that he had received several telephone calls from individuals in the construction trades who indicated they were being undercut by "fly by night" operators who entered the county with no experience and obtained occupational licenses. He indicated that he understood that several years ago the Board had exempted certain work from having the appropriate construction license. He believed this was a consumer protection problem. He indicated that after additional investigation, he would request the Board schedule a workshop on the issue and invite the trades, etc. He also pointed out that he was still investigating the taxicab situation.
Comm. Novy
Grants - I-75 Interchange Beautification - Report on Investigation to Obtain Funds
Comm. Novy reported that last week she attended the I-75 Border Council Meeting. She noted that there were funds available that may assist the Chamber to address the type of infrastructure and entrance/exit of the interchange. She indicated that she was making inquiries as to how the County could be the recipient of grant funds for the beautification of the interchange which was a sharing type grant.
Water Resources - Water and Wastewater Utility Regulations Seminar - Report on Attendance
Comm. Novy reported she had recently attended the Water and Wastewater Utility Regulations Seminar held in Clearwater. She noted that legislation was proposed by Senator Ginny Brown-Waite to support Marion County's legislation which would support the County's comprehensive land plan in water and wastewater regulations. She reviewed the summary of the bill which included revising requirements for the issuance of an amendment to the certificates of authorization to a operate water and wastewater utility, procedure for determination of a rate base, etc. She indicated that this information would be shared with the Florida Association of Counties (FAC) through the consideration of several other Counties who would attend the FAC meeting in the near future.
Comm. Robinson
Meetings - Consent Agenda - Suggestion Provided to Improve Productivity/Deadline for Submission of Agenda Items Changed to Tuesday at 4 p.m.
Comm. Robinson indicated that a suggestion had been received from Department Directors to move the Consent Agenda forward on the Board's agenda so that the staff could address and process the issues the same day.
Comm. Sullivan supported moving the Consent Agenda to the beginning of the agenda.
Comm. Robinson suggested moving Commissioners' Remarks and Correspondence to the end of the agenda.
Comm. Robinson suggested a deadline of Tuesday at 4 p.m., rather than Monday at 12 p.m. for submission of items for the agenda.
The Board concurred.
Government Center - Tour - Board to Tour Complex
Comm. Robinson suggested that the Board tour all internal departments together as a Board.
Chairman Lossing stated that that would be done with the new County Administrator.
Comm. Robinson suggested that the tour be done prior to the holidays.
The Board concurred.
Litigation - Regional Healthcare, Inc. - Report on Attendance in Bankruptcy Court
Comm. Robinson reported that she and Chairman Lossing attended the Bankruptcy Court proceeding and commented that Attorney Jeff Beck represented the County very well.
Chairman Lossing
Chairman Lossing waived his time.
County Administrator Charles Hetrick
Utilities - Rate Increase - Public Hearing Scheduled for December 3
County Administrator Charles Hetrick recalled a request for a public hearing on the rate increase for utilities and the request for an additional workshop. He reported on dates available in December.
The Board concurred on December 3 at 1:30 p.m. for the utility rate increase public hearing.
Bonds - Single-Family Bond Program - TEFRA Public Hearing Scheduled for November 25
County Administrator Charles Hetrick reported on a request from Housing Authority Director Donald Singer to continue the single-family bond program, which had been done in the past through William R. Hough & Co., which required a TEFRA hearing. He suggested scheduling the TEFRA public hearing on November 25 during the regular Board agenda.
The Board concurred.
County Administrator - Florida Retirement System - Payment Authorized
County Administrator Charles Hetrick stated that County Administrators became compulsory members of the Senior Management Service Class (SMSC) of the Florida Retirement System (FRS), effective January 1, 1990, which provided a different level of retirement benefits. He indicated that since he would no longer be employed under the FRS, there was an option available to give a person the maximum benefits retroactive to February 1, 1987, which in his case, would amount to $2,295.24. He stated that FRS provided that this payment may be paid by the employer or employee. He requested the Board's consideration to authorize the payment to him since he had already written a check to FRS.
Motion
Comm. Mills so moved; seconded by Comm. Novy and carried unanimously.
County Attorney Bruce Snow
Litigation - Regional Healthcare, Inc. - Report on Bankruptcy Court Proceeding
County Attorney Bruce Snow reported that a hearing in Bankruptcy Court was conducted on the issue of the Regional Healthcare, Inc. (RHI), disclosure statements.
Comm. Sullivan temporarily left the chambers.
Mr. Snow indicated that since he was participating in a trial, he had arranged with Attorney Jeff Beck to attend the hearing. He understood that Mr. Beck represented the County's concerns and interests very well.
Mr. Snow explained that the County had a considerable interest in the status of the hospital since the inception of these matters. He reviewed in detail the background of the litigation which included that the County was the lessor under a lease document which leased initial County assets to the not for profit corporation, which assets were returned to the County at the end of the lease. He reported that Judge Baines acknowledged that the County's interest of insuring that the public health, safety and welfare within the community was served by insuring good quality health care in the county, etc. was important.
Comm. Sullivan returned to the chambers.
Mr. Snow continued that Judge Baines required the participants in the bankruptcy to amend their disclosure statements to reflect the County's position and that the doctors at the hospital had also taken a position. He indicated that another hearing was scheduled for November 17 wherein the amended disclosure statements would be further considered by Judge Baines. He stated that further developments would be reported to the Board.
Litigation - International Fabco, Inc. - Report on Results of Jury Trial
County Attorney Bruce Snow reported that the jury trial on the International Fabco, Inc., litigation had been ongoing for two weeks. He explained that the case was the result of a contractor suing the Hernando County Water and Sewer District (HCW&SD). He stated that the Utilities Department had indicated that the County's initial exposure was between $350,000 to $500,000. He reported that as a result of the trial the County's exposure was determined to be zero. He stated that since the County prevailed in the litigation there would be $100,000 the HCW&SD would benefit from and the other party would be obligated to pay the County's Court costs and attorney fees. He expressed appreciation to Utilities Director Richard Radacky and his staff.
APPROVAL OF CONSENT AGENDA
The Consent Agenda for November 4, 1997, was submitted for the Board's approval as follows:
Liens - Public Defender - Approval of Filing Various Satisfactions
Received a memorandum from Finance Director Amy Gillis transmitting various Satisfactions of Public Defender Liens which need to be filed against Defendant Henry Roger Slauter (Case #93-1045CF) in the amount of $150 and Paul Douglas Thompson (Case #92-0332) in the amount of $200. The Liens had been paid in full.
RECOMMENDATION
The staff recommended that the Board approve the filing of the listed Satisfactions of Public Defender Liens and authorize the Chairman's signature.
Subdivisions - Glen Lakes - Final Plat of Phase 1, Unit 5B Replat Approved/Chairman's Signature Authorized
Received a memorandum from Chief Planner Jerry Greif advising of a request to re-plat a portion of Glen Lakes, Phase I, Unit 5B. The re-plat consisted of four, single-family attached villa lots. The developer was adding area to the rear of each lot from the unplatted section within Glen Lakes. This would allow for a larger villa. The project would be served by private streets, and central water and sewer by the County. This Unit had been constructed, inspected by the appropriate County agencies, and was under the Glen Lakes Homeowner's Association maintenance. The final plat had been reviewed by the affected County departments and found consistent with County development standards.
RECOMMENDATION
The staff recommended that the Board approve the final plat of Glen Lakes, Phase 1, Unit 5B, Replat, and authorize the Chairman's signature on the plat.
Contracts and Agreements - Mansfield Oil Company - Approval of Renewal for Transport Quantities of Gasoline and Diesel Fuel/Spot Buying of Tankwagon Loads of Gasoline and/or Diesel Fuel After Expiration of Contract with Baxley Oil Company for Supply of Same Authorized
Received a memorandum from Purchasing Director James Gantt advising that contracts for furnishing gasoline and diesel fuel to Mansfield Oil Company for transport quantities, and to Baxley Oil Company for tankwagon quantities, would expire on November 22, 1997. Mansfield Oil Company had agreed to extend their contract based on the same terms, conditions and fixed fee markup, with an increase of $5 for the pump-off charge. Baxley Oil Company had declined to renew. The County's requirement for tankwagon loads had decreased and was not sufficient enough to warrant a bid process.
RECOMMENDATION
The staff recommended that the Board renew the contract with Mansfield Oil Company for transport quantities of gasoline and diesel fuel based on the same terms, conditions and fixed fee markup as the existing contract with an increase of $5 for the pump-off charge, effective November 23, 1997, through November 22, 1998. The staff also recommended that the Board authorize the spot buying of tankwagon loads of gasoline and/or diesel fuel after expiration of the contract with Baxley Oil Company for supply of same.
Contracts and Agreements - Department of Transportation - Airport Land Lease Extension Approved
Received a memorandum from Airport Manager Robert Mattingly transmitting a Land Lease Extension between the County and the Department of Transportation. The leased property was the site of the middle marker and approach lighting facility. It was an existing approved lease with renewal clause. The request was for an additional 12-month period at a cost of $290 per year.
RECOMMENDATION
The staff recommended that the Board approve the Land Lease Extension between the County and the Department of Transportation and authorize the Chairman's signature thereon.
Contracts and Agreements - Southwest Florida Water Management District - Approval of Provision for Aquatic Plant Management Services
Received a memorandum from Budget Officer Robert Simpson transmitting a contract for aquatic plant management from the Southwest Florida Water Management District (SWFWMD). The service was for Hunters Lake, Lake Lindsey, Mountain Lake and Weeki Wachee River, of which the cost was shared with the Department of Environmental Protection (DEP). In addition, as part of the contract for aquatic management for the Weeki Wachee and Mud River canals, Nobleton and Istachatta canals would be funded solely by the County.
RECOMMENDATION
The staff recommended that the Board approve the contract between SWFWMD and the County for the provision of aquatic plant management services and authorize the Chairman's signature on the contract.
Comm. Novy questioned who performed the services in the past.
County Administrator Charles Hetrick replied that SWFWMD had performed the services for the past few years.
Municipal Service Benefit Units - Berkeley Manor Multi-purpose - Public Hearing Scheduled for November 18
Received a memorandum from Special Assessments Technician Elaine Singer advising of a petition received from the residents of Berkeley Manor Subdivision requesting the creation of a multipurpose Municipal Service Benefit Unit (MSBU) for the maintenance of the front entrance and the operational costs for the existing street lighting. The staff proposed the existing MSBU be repealed and a multipurpose MSBU be created if considered and approved.
RECOMMENDATION
The staff recommended that the Board schedule a public hearing on November 18, 1997, at 10 a.m. to consider adopting an Ordinance creating and defining the boundaries for the proposed Berkeley Manor Multi Purpose MSBU.
Comm. Mills asked if approval on the item could be delayed until the meeting to be scheduled by the Board on MSBUs was held.
Comm. Robinson stated that the Board had previously voted to hear the four MSBUs and to accept others to be dealt with on merit if it met Florida Statute.
County Administrator Charles Hetrick pointed out that the item was to schedule the public hearing at which time the Board could decide whether it wished to proceed.
Utilities - Hernando High School - Request for Removal of Pig Sewage Approved/Number of Removals Limited to Eight
Received a memorandum from Utilities Director Richard Radacky advising that the Future Farmers of America (FFA) of Hernando High School (HHS) raised pigs and kept them at the school. The pens were washed each day and the wash water was discharged into a 1,050 gallon holding tank. HHS had contracted with septic tank cleaners to remove sewage from the holding tank for a $90 per service charge. HHS was requesting the Utilities Department to service the pig sewage holding tank. Sewage removal would be for approximately five months each year.
RECOMMENDATION
The staff recommended that the Board approve the request of HHS for pig sewage removal at the school and authorize the Utilities Department to provide the service at no charge.
Comm. Mills suggested that the sewage removal be limited to seven times per year.
Comm. Robinson suggested that the limit be eight times.
Comm. Mills agreed.
County Administrator Charles Hetrick stated a limit of eight times would be made a condition of approval of the Consent Agenda.
Municipal Service Benefit Units - East Hernando/South Central/Dogwood Estates Fire - Public Hearing Scheduled for December 2 to Consider Appealing the Existing MSBU
Received a memorandum from Special Assessments Technician Elaine N. Singer advising that the Board had directed the staff to begin the process of legally combining the East Hernando, South Central and Dogwood Estates Fire Municipal Service Benefit Units (MSBUs) into one. To combine the Districts a public hearing must be held to receive public input and adopt an Ordinance.
RECOMMENDATION
The staff recommended that the Board schedule a public hearing on December 2, 1997, at 10 a.m. to consider appealing the existing East Hernando, South Central and Dogwood Estates Fire MSBU by combining each MSBU fire district and adopting one Ordinance.
Subdivisions - Timber Pines - Final Plat of Tract 2, Unit 3, Phase 2 Approved/Chairman's Signature Authorized
Received a memorandum from Chief Planner Jerry Greif advising of a request received to final plat Tract 2, Unit 3, Phase 2 of Timber Pines. The project would be served by private streets, and central water and sewer provided by the County. This tract was under construction and the developer had submitted the required performance bond. The final plat had been reviewed by the affected County departments and found consistent with County development standards.
RECOMMENDATION
The staff recommended that the Board approve the final plat of Timber Pines, Tract 2, Unit 3, Phase 2 and authorize the Chairman's signature on the plat.
Human Resources - Hours and Compensation Policy - Proposed Policy Approved for Implementation and Training of Management and Employees
Received a memorandum from Human Resources Director Yvonne Joseph transmitting a proposed Hours and Compensation Policy. The Policy covered in detail various aspects of work hours and compensation including the scheduling of hours, regular pay, Fair Labor Standards Act status, call-out pay, on-call pay, overtime pay, holiday pay, inclement weather pay, record keeping requirements and policy violations.
RECOMMENDATION
The staff recommended that the Board approve the proposed Hours and Compensation Policy for implementation and training of management and employees.
County Administrator Charles Hetrick commented that the call-out/on-call pay had been discussed with Department directors and indications were that the policy should work as desired. He noted that the Community Services Department would have an unbudgeted impact in the estimated amount of $10,000 which he must adjust.
Comm. Sullivan felt that the policy was an appropriate way to reward on-call employees restricted to remain at home. He stated that he would find the additional $10,000 for Community Services.
Mr. Hetrick indicated that the policy was needed.
Personnel - Human Resources Technician - Reclassification Approved
Received a memorandum from Human Resources Director Yvonne Joseph advising that Human Resources (HR) was proposing to reclassify the HR Technician from pay grade 110 to pay grade 111. Due to the departure of two HR Specialists, functions within the department were re-assigned.
RECOMMENDATION
The staff recommended that the Board approve the reclassification of the HR Technician from pay grade 110 to pay grade 111 and the 5% adjustment in accordance with the Salary Administration Plan.
Comm. Mills stated that she was not convinced this was the proper way to proceed on this issue. She indicated that Mrs. Joseph had informed her that the person in question had been performing the duties for four months and should be compensated. She felt that even though Mrs. Joseph had not changed over her budget, there was sufficient time during the budget sessions to make the change over. She preferred to delay the decision on this item until the new HR Director was hired.
Comm. Sullivan asked if the employee was performing a job deserving of additional consideration.
Mrs. Joseph responded affirmatively. She explained that the person had been performing some of the functions of a specialist level which upgraded her position. She explained that the reassessment of the additional functions assumed by the employee placed the position at a pay grade level 111.
Comm. Sullivan asked if the employee would go back to pay grade 110 when the Department was fully staffed.
Mrs. Joseph responded negatively and indicated that the employee would continue to be cross-trained. She stated that the employee's current salary was $19,132.04. She responded to Comm. Mills that the employee received her raise effective October 1 and would receive another step due to the functions being performed. She stated that if approved the employee's salary would be $20,000.
Comm. Mills wished to wait for the new Director to review the issue, since she had the impression that the issue was not important enough to discuss during budget sessions.
Mrs. Joseph stated it was important during the budget; however, some emergency situations arose during that time.
Chairman Lossing clarified that the employee had been working out of her pay grade for five months.
Mrs. Joseph responded since June.
Comm. Sullivan noted that department directors who had been performing additional job functions were rewarded.
Comm. Robinson clarified that Mrs. Joseph was requesting a change in pay grade to $20,088.
Motion
Comm. Robinson moved to do so; seconded by Comm. Sullivan and carried unanimously.
Resolutions - Deferred Compensation Plan - Adoption of No. 97-192 Amending Plan
Received a memorandum from Human Resources Director Yvonne Joseph advising that the Small Business Protection Act of 1996, created changes in the County's Deferred Compensation Plan. The Resolution attached to the staff report brought the plan in compliance with these changes.
RECOMMENDATION
The staff recommended that the Board adopt Resolution No. 97-192 amending the Deferred Compensation Plan in accordance with the Small Business Protection Act of 1996.
Contracts and Agreements - Custom Capacitors, Inc. - Approval of Ground Lease
Received a memorandum from Airport Manager Robert Mattingly advising that the Airport had an existing ground lease with Condenser Products Corporation. The Lease was selling to Custom Capacitors, Inc., and as a result of the sale, Custom Capacitors, Inc., was requesting a new ground lease for 1.5 acres of land at an 8% return of appraised value of the land for a term of 20 years. The existing rents were $2,200 annually and the proposed new rent would be $3,120, effective January 1, 1998.
RECOMMENDATION
The staff recommended that the Board approve the Ground Lease with Custom Capacitors, Inc., and authorize the Chairman's signature on the documents.
Minutes - BCC - Approval of Regular Meeting of September 23, Regular Meeting of October 7, Special Meeting of October 28, Town Meeting of October 6, and Town Meeting of October 9, 1997
The Minutes for the Regular Meeting of September 23, 1997, the Regular Meeting of October 7, 1997, the Special Meeting of October 28, 1997, the Town Meeting of October 6, 1997, and the Town Meeting of October 9, 1997, were submitted for the Board's approval.
Motion
Comm. Sullivan moved approval of the Consent Agenda with the adjustment to Item 7 (Pig Sewage Removal) to eight times per year; seconded by Comm. Robinson and carried unanimously.
Environment - Water Resources - Discussion of Support of Concept of Conservation Structure
Comm. Novy discussed the letter received from Mr. Ken Huntington, Facilitator of the Withlacoochee River Ecosystem Management Initiative.
Comm. Robinson temporarily left the chambers.
Comm. Novy read portions of the letter from Mr. Huntington which requested support of the concept of the temporary replacement of the Wysong Dam as a participant of the Ecosystem Management Initiative (EMI) and the pursuit of Federal funding for the US Army Corps of Engineers for a complete study of the Withlacoochee River watershed. She indicated that Mr. Huntington was requesting the Board to support the concept of the Wysong Dam as the conservation structure and requested a letter of support.
Chairman Lossing stated that he had a problem with the request since a Resolution to support the study had been sent. He felt this was the "cart before the horse" since the cost to construct the dam was $3 million and the study may indicate that the dam should be removed. He pointed out that the dam was in Citrus County and he had heard nothing from them.
Comm. Novy stated that Citrus County was a part of the EMI.
Chairman Lossing felt that Citrus and Sumter Counties were the lead agencies.
Comm. Novy stated that the conservation structure was originally requested by several Counties. She pointed out that all the Counties were members of the EMI and all were impacted. She indicated that the location of the dam was in Citrus and Sumter Counties, but the watershed which was depleted impacted Hernando County. She stated that all Counties were sent the letter which requested support of the concept and replacement on a temporary basis, not funds. She expressed concern about the recharge to the aquifer.
Chairman Lossing stated that he would not support this as the study had not been conducted.
Comm. Mills agreed with Chairman Lossing to perform the study first.
Comm. Novy explained that the study on environmental impacts could not be performed without the temporary replacement.
Mr. Chester Bradshaw, chairman of the Citizens Advisory Committee, explained in detail the reasons for the study and clarified that in the 1959 Resolution all four counties requested placing the structure in the River with the idea of water conservation and year-round navigation. He indicated that there was an authorized permit from Congress for year-round irrevolution (phonetic spelling) in the watershed area which was never deauthorized by Congress. He stated that the study would be authorized by Congress to review the entire west central Florida, not just the watershed. He stated that the structure must go back first for the study to be performed.
Comm. Robinson returned to the chambers.
Mr. Bradshaw requested that the Board review the idea.
Chairman Lossing stated that the letter was addressed to Comm. Novy.
Comm. Novy explained that she was the Board's representative on the Ecosystem Management Committee and was directed to bring the issue back to the Board. She indicated that the Withlacoochee River Basin Board wished to hear from the Board on the subject as they were disturbed that local governments had not had more activity as all local governments had been impacted.
Mr. Bradshaw stated that the flowing water system was inadvertently opened up allowing rain water to run away from the surface water reservoirs faster than expected. He indicated that some of these problems required research due to past misinformation.
Comm. Novy stated that she would share the information which was on videotape. She indicated that the restoration was required due to the lessening of the lense of the aquifer.
Comm. Robinson asked if support of the project required County funds.
Comm. Novy responded negatively.
Chairman Lossing stated that that was incorrect.
Comm. Robinson recalled the receipt of information from the Director of the Southwest Florida Water Management District (SWFWMD) which contained financial responsibility on the County's part.
Comm. Novy responded that information was received, but the EMC voted to support the concept.
Comm. Robinson stated that she would like clarification from SWFWMD that the County would not be financially encumbered for any project.
Comm. Mills noted for Comm. Robinson that she and Chairman Lossing had agreed that the study should be performed first.
Mr. Bradshaw explained the history of the idea of a temporary structure which began many years ago.
Comm. Robinson reiterated that she required clarification from SWFWMD on the issue.
Comm. Novy reiterated that the EMC was requesting Board concurrence on the temporary replacement of the Wysong Dam as an element of the restructuring of the entire watershed. She stated that this was not the financial responsibility or liability of the Counties.
Motion
Comm. Novy moved for a letter to support the concept of the temporary reconstruction of the Wysong structure for the conservation of water in the Withlacoochee River watershed.
The Motion died due to the lack of a second.
Ordinances - Flood Regulations - Discussion of Progress of Development Guidelines for Clarification of Regulations
Comm. Novy reviewed the Board minutes of the December 4, 1996, Special Meeting, Page 9 and noted the many concerns of citizens. She indicated that there had been no agenda item on the subject with prepared specific guidelines. She suggested scheduling a date to have the guidelines addressed.
Comm. Mills understood that the guidelines had been addressed.
Comm. Robinson stated that based upon the change in legislation, Development Director Grant Tolbert had attended meetings where the actual legislation was being determined in order to apply it within Counties.
Mr. Tolbert reported that since December 4 the Board had been a leading force on major legislation in the State, the Flood Ordinance was amended twice adopting the new legislative standards, all the requirements for cumulative was removed from the "A" zones, he had attended numerous meetings at the State and local levels, and set up a work group in developing guidelines, which could not be developed until the Florida Statutes were in place. He indicated that since the "A" zone was opened up with the amendments, citizens were receiving permits since the cumulative problem was not present. He stated that the staff had not had a number of citizens with concerns. He indicated that the staff intended to continue to learn from the permitting, to develop guidelines and return to the Board.
Mr. Tolbert felt it was unfair to say that nothing was done since December 4. He reported that he was scheduled to attend a meeting in Tampa on Wednesday and recently met with Senator Ginny Brown-Waite to insure that legislation was introduced to adopt non-substantial language into the language so that it was enforced equally at a statewide level and to eliminate the five-year cumulative. He reported that on November 3 he received from the Department of Community Affairs a draft on the issue resulting from the workshop meetings which should address most of the concerns.
Comm. Novy explained that she was asked by citizens to bring up the issue.
Mr. Tolbert indicated that prior to bringing the matter back to the Board, he had planned to schedule a meeting at Hernando Beach to discuss the drafts and receive citizens' input at a staff level.
ADJOURNMENT
There being no further business to come before the Board at this time, the meeting adjourned at 7:15 p.m.
______________________________ _________________________________________
KAREN NICOLAI, CLERK RAY LOSSING, CHAIRMAN