The Lake County Board of County Commissioners met in regular session on Tuesday, June 13, 1989, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; Bill Stearn, Assistant County Attorney; James C. Watkins, Clerk and Acting County Manager: Ava Kronz, County Manager's Assistant; Neil Kelly, Director of Administrative Services: and Linda Springston, Deputy Clerk.
Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
It was the consensus of the Board to postpone action on the Minutes of June 6, 1989, until the meeting of June 20, 1989.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the following:
Signature authorization on the Satisfaction of Judgment for Vanessa Elaine Richmond, Juvenile, and Barbara Dinkins, parent, Case No. 87-202-CJ, in the amount of $50.00.
Signature authorization on the Satisfaction of Judgment for Michael Nathan Witt and Corrine Henry, Case Nos. 88-1052-CJ, 87-1318-CJ, and 87-831-CJ, in the amount of $150.00.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for reimbursement from, the Law Enforcement Trust Fund, for expenses incurred for police education, in the amount of $6,837.24.
COUNTY MANAGER CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Environmental Services/Resolutions/State Agencies
Request for a Resolution between the Lake County Board of County Commissioners and the Florida Department of Natural Resources, designating the Project Administrator and Financial Officer, for FY 1989-90.
Accounts Allowed/Contracts, Leases & Agreements
Request from Fire Protection, Astatula Fire Department, for signature on a 99 year lease between the Board of County Commissioners and Lake Jem Volunteers, Inc., for Fire Station #72, Lake Jem, in the annual amount of $1.00.
Accounts Allowed/Contracts, Leases & Agreements
Request from the South Lake Fire District for signature on a 99 year lease agreement between the Board of County Commissioners and Woodlands Lutheran Camp, for the property on which Fire Station #97 is located (Woodlands Lutheran Camp), in the amount of $1,524.00, annually.
Request for the appointment of Allison Hill, Health Services Coordinator, to the North Central Florida Health Planning Council.
Request for the acknowledgment of the Lake County Public Health Unit, Activities and Expenditures Report, for the period ending March 31, 1989.
Accounts Allowed/Fire Protection
Request for the transfer of funds for the fire districts, to the Fire Coordinator's Office.
Accounts Allowed/Bonds/Roads-County & State/Subdivisions
Request for final approval of Lake Susan Outlook; accept an Irrevocable Letter of Credit, in the amount of $2,000.00, to complete sodding; accept a Maintenance Bond, in the amount of $8,000.00; and accept Outlook Drive (#3-10421, into the County maintenance system.
Deeds/Right-of-Ways, Roads & Easements
Request to accept a Right-of-Way Deed from Ross M. and Anita Valdez, Lake Ella Road, #l-6604.
Accounts Allowed/Budget Transfers/Contracts, Leases &
Request to amend the Old Courthouse Renovation Agreement with Barton Malow, at a cost of $31,511.00, for the purchase and installation of the windows on the south side. The cost is to be paid from the General Fund, with the appropriate budget transfers/amendments.
COUNTY MANAGER DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BIDS/FIRE PROTECTION
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request to cancel the award of Bid #033-340-089, for self-contained breathing apparatus, to Safety Equipment Company; to award the Bid to Ten-8 Fire Equipment: and to transfer $7,156.00, from Contingency, for the increase in price. He stated that Fire Protection had to return the breathing apparatus, because they were not MSA brand, and were not compatible with the current equipment.
Mr. James C. Watkins, Clerk and Acting County Manager, noted that Safety Equipment Company does not furnish, or produce, the MSA brand, and Fire Protection understood that the company was bidding the MSA brand. The Ten-8 Fire Equipment Company does provide the MSA brand equipment, but for an additional $7,000.00.
Discussion occurred regarding the differences between MSA equipment and other similar equipment. It was noted that the MSA equipment is not interchangeable with any other like equipment.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to cancel the award of Bid #033-340-089, for self-contained breathing apparatus, to Safety Equipment Company; to award the Bid to Ten-8 Fire Equipment; and to transfer $7,156.00, from Contingency, for the increase in the price. It was noted that, in the future, staff must ensure that the bid specifications include the necessary information, and when opened, meet those specifications.
COMMITTEES/ORDINANCES/PLANNING & DEVELOPMENT
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to advertise the proposed Landscape Ordinance for public hearing. He stated that the Landscape Ordinance Committee has reviewed the ordinance and recommended that it be advertised for public hearing.
Commr. Gregg stated that the ordinance does address concerns with rental mobile home parks and RV parks, and also applies to PUDs.
Commr. Swartz questioned the section of the proposed ordinance dealing with the enforcement of variances, Board of Zoning Appeals, and violations.
Mr. Mike Szunyog, Director of Planning, appeared before the Board and stated that the inconsistencies are currently being revised, such as in Section 16, Violations, the $25.00 per day fine.should be increased to $250.00 per day, to be consistent with the Code Enforcement Board's fines. He further stated that the section dealing with the Board of Zoning Appeals is incorrect and needs to be clarified.
It was noted that this ordinance is before the Board today, for advertising, and changes may be made to the sections.
Mr. James C. Watkins, Clerk and Acting County Manager, stated that the Board may wish to direct the staff to reconcile all of the conflicts which have been brought to their attention by the County Attorney's Office.
Commr. Gregg stated that the Board should take into account the enforcement of the ordinance, and ensure that aspect is properly executed.
Mr. Szunyog noted that the County does have capable persons on staff to educate other staff members on methods of enforcement.
Commr. Gregg indicated that he would like to see this ordinance fully enforced, in order to provide complete fairness to the public. He stated that if additional funding is necessary to establish a position for enforcing this ordinance, then, possibly, Permit User charges could be utilized to cover that cost.
Commr. Swartz questioned whether condominiums are covered under this ordinance as single-family or multi-family residences, because he understood that those would be exempt.
Mr. Chris Ford, County Attorney, stated that a condominium is considered a single-family residence, and it would not be considered as such if it was a rental unit. He also stated that condominiums could be ensured to be covered by a definition term.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise the proposed Landscape Ordinance for public hearing, with the provisions that a definition for condominiums is provided, to ensure that they will be included in the requirements; the provisions outlined in Section 13, 14, and 15, be addressed with the County Attorney's Office; and the Violations, in Section 16, be changed to $250.00, per day, which is consistent with the Code Enforcement Board.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
Mr. Jim Stivender, Director of Public Works, discussed with the Board the request to accept a Joint Agreement between Lake County and Triangle Industrial Park, for drainage improvements to the Lake Saunders ditch. He stated that there is a ditch between Lake Saunders and Lake Dora, and that, in 1983, the County cleaned out the ditch located on the northern end of Lake Saunders. Since that time there has been a considerable amount of residential development in the area. At this time, the owner or developer of the adjacent property will purchase all of the materials needed for the Public Works Department to place the pipe in the ditch and to cover it. If there is not enough cover material available on site, the owner or developer will provide the additional cover. The costs to the adjacent property owner is approximately $20,000.00, and approximately $8-lO,OOO.OO worth of time and labor to the County.
Mr. Stivender noted that the costs are justified, due to the costs of maintaining an open ditch, and from the liability standpoint, because of the amount of residences in the area.
Mr. Stivender stated that there will be approximately three or four catch basins, and that Mr. Ted Wicks, Wicks Consulting Services, Inc., will be doing the design and will be obtaining any permits required by the St. Johns River Water Management District, which will be absorbed by the owner. The work will not begin until the pipe is on-site and permits are in hand.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept a Joint Agreement between Lake County and Triangle Industrial Park, for drainage improvements to Lake Saunders ditch.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the request for an increase to Barton Malow's contract, for the extension of the design phase fee, at an additional cost of $212,272.00. He stated that the orginal contract was for 10 months, but due to the extended stay on the project, an additional 14 months is being requested, until March 12, 1993. The total revised contract of the design phase is $342,548.00.
Commr. Gregg indicated that this request is reasonable, and that the County is getting their money's worth when you consider the length of time they have already been on-site, and with CPI increases.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to increase Barton Malow's contract, for the extension of the design phase fee at an additional cost of $212,272.00.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/COURTHOUSE
ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT
Mr. Mike Anderson, Assistant Director of Public Works, discussed the request for the renovation of the third floor of the Old Courthouse, at an estimated cost of $52,470.00. He stated that the current cost is more than the original estimate, because of the more detailed survey of the scope of work. He noted that it would be difficult to do this renovation in phases, because the disruption of the staff would not be economical.
Mr. Don Findell, Director of Environmental Services, stated that the money is available from unexpended salaries, because of the inability to staff certain positions, which is due to the lack of space, which this renovation will relieve.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the request for the renovation of the third floor of the Old Courthouse, at an estimated cost of $52,470.00. Funding is to come from the Environmental Services and Planning and Development Division accounts, with appropriate budget transfers/amendments.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that he would like to bring the discussion of a public hearing, for the potential increase of fire taxes, up at another time. He has been informed by the County Attorney's Office that the June 30, 1989, deadline can be carried over to July, but needs to be done for the next budget year.
Mr. Watkins, Clerk and Acting County Manager, stated that, when it is brought back, there will be supporting documents available. Today only permission for advertising "as being requested.
It "as the consent of the Board to postpone this request for some time in the future.
ACCOUNTS ALLOWED/COMMITTEES/OUTDOOR RECREATION
Commr. Swartz brought up for discussion Proposal C, Recreation, and stated that he has divided half of the allocated monies available for Recreation, based on voter registration rolls.
It was the consensus of the Board that this funding formula seems to be a fair method of distribution, which is broken down as follows:
District 1 - $ 46,018.50
District 2 - $ 23,199.00
District 3 - $ 33,429.00
District 4 - $ 31,003.50
District 5 - $ 31,350.00
Commr. Swartz distributed to the Board a proposed draft of an interlocal agreement, which could be utilized to enable the funds to be available to municipalities, or other organizations.
Commr. Swartz stated that the Board needs to determine what amount of the budgeted monies will be expended at this time, so that the district commissioners will know how much they have available to fund projects within their districts.
Commr. Swartz noted that the reasoning behind spending only half of the funds "as because the Recreation Committee had felt that they would prefer having a plan in hand before all of the budgeted funds are expended. He also noted that these are Federal Revenue Sharing Funds and probably should not be held over.
Mr. Watkins, Clerk and Acting County Manager, stated that there are certain ways which these funds can be utilized, but there is no time limit placed on them. At any time, Congress could pass a law saying that those funds, which were not used, are to be returned.
Therefore, he suggested that the County needs to ensure that the establishment of these projects are in accordance with the Florida statutes, and a formula be derived by which the projects are evaluated and presented to the Board.
Commr. Swartz indicated that those concerns were addressed in the interlocal agreement, but indicated that all federal, state and local guidelines would need to be adhered to. He noted that this agreement is written primarily between the County and muncipalities and other types of organizations will have to be dealt with in a different manner.
Mr. Watkins stated that how the projects are managed is as important as doing the project. Florida Statutes do not permit the County to give anyone the funds, the municipality or organization would have to be authorized to receive the tax dollars.
Commr. Swartz stated that, the staff is working on preparing Requests for Proposal for a consultant to determine how to divide or utilize the remaining money, which will not be accomplished for three to six months.
Commr. Swartz stated that all of the requests, which were made to the Recreation Committee, involved building new facilities, or restoring old facilities. The question which the Committee was asking was how to divide these monies in a fair and equitable manner.
Commr. Bakich suggested using half of the funds for the districts, with the other half being used for countywide projects.
Commr. Gregg noted that Rails to Trails would be an good example of a countywide project.
Commr. Bailey stated that he agreed with Commr. Bakich's suggestion, and regional parks should be reviewed with a consultant.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved Proposal C - Recreation, initially funded in the amount of $165,000.00, and that each district commissioner will bring proposals to the Board, through interlocal agreement, or some other means.
Mr. Watkins stated as Clerk, that his office will obtain any pertinent laws pertaining to this type of funding, so the Board does not committ to an area which they cannot honor.
At this time, Mr. Watkins stated that he is leaving to meet with the experts in Baltimore, Maryland, on the solid waste funding mechanisms, tipping fee versus assessments. He noted that Mr. Neil Kelly, Director of Administrative Services, will complete the agenda, on his behalf.
The Chairman announced that the advertised time had arrived for the public hearing for Special Assessment #62, Allen Road.
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss Special Assessment Project #62, Allen Road.
No one present wished to discuss the request with the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board resolution and assessment roll Road, and to award the project $29,927.50.
Commr. Windram brought up for discussion the matter of a recent approved the request to accept the for Special Assessment #62, Allen to Paquette Paving, in the amount of dog attack incident in Tavares, and the County's responsibility, as it relates to the Animal Control Ordinance. He noted that he had strong reservations on releasing the one dog to its owner (two dogs were involved, and the owner of one of the dogs was not requesting release), and instructed Ms. Frankie Thorpe, Director of Animal Control, not to release the dog until the Board had the opportunity to determine what action to take.
Mr. Bill Stearn, Assistant County Attorney, quoted Section 4-58.8 of the Lake County Code, and recommended that, if the Board determines that the animals are a threat to the health and safety of the citizens of Lake County, the animals be ordered destroyed, and the owners be given 72 hours to appeal that decision through the courts.
Commr. Gregg noted that it is the responsibility of the pet owner to control the animals, and if an attack is made, the owner must account for that animal.
Mr. Johnnie Crowley, the victim of the attack, appeared before the Board to give his account of what took place on the morning of the attack, which occurred on Highway 19A, in Tavares.
Commr. Swartz questioned whether the Board has the ability to destroy or detain the animals involved, and suggested postponing any decisions until the next Board meeting to investigate alternate options, other than destruction.
Mr. Stearn stated that the Board does have the ability to detain the dogs in the Lake County Animal Control facility. He stated that there are state laws which deal with sick or injured animals, and that there are no current laws which deal with vicious animals.
Mr. Calvin Strumble, the owner of the dog, Hercules, appeared before the Board requesting them to release the dog into his custody, stating that he had received the dog as a gift, and has taken measures to control him. He stated that the animal was a house dog, controlled by voice command, and never been left unattended. He further stated that the dog has never been aggressive or enticed to be mean.
Ms. Kathy Kephart, also the owner of Hercules, presented to the Board for their review, a statement from the veterinarian and pictures of the dog and pen which has been constructed since that attack. She stated that they are 98% sure that this type of attack will never reoccur.
Commr. Bakich stated he is concerned with the Board's responsibility to protect the older and younger citizens of the County.
Commr. Gregg noted that the odds are not worth the chance to take that this type of attack will not happen again.
Commr. Swartz felt that the County needs to consider the adoption of an ordinance which will deal with the responsibility of the owners of this type of vicious animal. He stated that he was not in favor of releasing the dog until the alternatives are explored.
Commr. Windram noted that he was not concerned with whether a decision was made today, but is concerned with destroying the dog, because the intent could become distorted, by each time someone's dog nips or bites a person, they may want it put to sleep. He stated that this recent attack is a dangerous situation, and a young child would not have survived such.
Commr. Swartz indicated that one alternative could be to require that the animal be moved out of the county or state.
Mr. Stearn stated that, if the animal were moved outside of the County, it would expose the County to liability, if the animal attacks again.
Commr. Gregg stated that some safeguards would need to be written in the ordinance dealing with vicious animals, stating that an animal nipping or biting would not be destroyed.
Mr. Crowley informed the Board that the breed of dog (Pit Bull) is bred to fight, and that he did nothing to provoke it.
Commr. Windram made a motion, which was seconded by Commr. Bakich that the Board approve to proceed with the destruction of the dogs t with a 72 hour delay in the order, to allow the owners sufficient time to appeal the decision with the court.
Commr. Swartz questioned whether there would be any other alternatives in the near future.
Mr. Stearn stated that the recommendation, which is presented today, will be the same in the future.
At this time, the Chairman called for a vote on the motion, which was carried unanimously.
Commr. Windram briefly updated the Board on the selection of a site for a Federal prison, stating that the Committee had toured the facility in Miami and has not had an opportunity to meet since, and would report fully on the issue at the next Board meeting.
Commr. Swartz brought up the need to schedule a Town Hall meeting in District 3, and presented some dates on which Jenkins Auditorium, in Clermont, is available during the month of July. He indicated that one of the topics of discussion could be the request for a spray field by Reedy Creek/Disney.
After considerable discussion, it was the consensus of the Board to designate Wednesday, July 5, 1989, at 7:30 p.m., for the Town Hall meeting, at Jenkins Auditorium, in Clermont.
RECESS & REASSEMBLY
At l0:40 a.m., the Chairman announced that the Board would take a five minute recess.
Ms. Carol Gormley, North Central Florida Health Planning Council, appeared before the Board to provide them with information about the Council. She stated that Mr. Jack Hargrove, Lake County Representative, and Ms. Barbara Lock, President of the Board of Directors, were present in the audience.
Ms. Gormley stated that the Council covers 16 counties in Florida, and is a non-profit organization, operated under State law, but is not a state agency. The governing body are individuals who are appointed by county commissioners to represent their communities on health issues. It is dedicated to ensuring that quality health services are available and accessible. She briefly discussed the historic perspective of the Council.
Ms. Gormley reviewed with the Board the health planning functions of the Council, such as Data Collection/Analysis, Planning, Technical Assistance, Public Information, and Special Projects.
Ms. Gormley stated that the Lake County Board of County Commissioners has two vacancies available on the Council, at this time, those being as a Purchaser representative, and a Provider seat.
Commr. Gregg informed Ms. Gormley that, previously, the Board had appointed Ms. Allison Hill, Health Services Coordinator, to fill the vacancy of Purchaser representative.
Ms. Gormley requested the Board's participation in funding the Health Planning Council, which is predominately funded through a contract with the Department of Health and Rehabilitative Services, and counties within the Council's district. She stated that the Council requests counties to contribute five cents per capita, which for Lake County would be an amount of $7,586.00, but that any contribution would be welcome and appreciated.
Ms. Gormley thanked the Board for allowing her to make this presentation to them today.
Commr. Gregg brought to the attention of the Board a Resolution received from the City of Mt. Dora, congratulating the Board on the renovation of the Old Courthouse.
Commr. Gregg brought to the attention of the Board that considerable time has elapsed on finding a County Manager, and that the position of Mr. James C. Watkins, Clerk, as Acting County Manager, is coming to an end. He suggested retaining Mr. Watkins until such time as a County Manager is located.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board authorized Mr. James C. Watkins, Clerk, to remain as Acting County Manager, until such time as the Board has the opportunity to hire a permanent County Manager.
There being no further business to be brought to the attention of the Board, Commr. Windram made a motion, which was seconded by Commr. Bakich and carried unanimously, to adjourn the meeting at 11:05 a.m.
C. W. "CHICK" GREGG, CHAIRMAN
FOR JAMES C. WATKINS, CLERK