The Lake County Board of County Commissioners met in regular session on Tuesday, November 14, 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: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Al Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
The Minutes of October 31, 1989, were postponed until the Board Meeting of November 21, 1989, for approval.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant No. 113609 through Warrant No. 113836, for the following accounts:
Paisley Fire District Bassville Fire District
Mt. Plymouth Fire District Emergency 911 Fund
General Revenue Mosquito Control
County Transportation Trust Aquatic Weed
Landfills Countywide Fire District
Countywide Library South Lake Fire District
Fine & Forfeiture Private Industry Council
Northwest Fire District Pasco Fire District
Section 8 Self Insurers Fund
Law Enforcement Trust Fund
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the Sheriff's Department, for a budget amendment, in the amount o f $47,800.00, to charge the Sheriff's Rentals and Leases to proper Activity Account.
Mrs. Emogene Stegall, Supervisor of Elections, appeared before the Board to discuss a request for changing the boundary for Precinct 23, and deleting a portion of Precinct 14.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to change the boundary for Precinct 23, to include a part of Section 23, to follow the City of Groveland's city limit boundary, and to delete same from Precinct 14.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
A request from the Lake County Farm Bureau, for a Proclamation proclaiming the period of November 17 through November 23, 1989, as Farm City Week.
Accounts Allowed/Contracts, Leases & Agreements
A request for approval of an EMS Matching Grant Agreement, with the State of Florida, HRS, in the amount of $75,000.00, for the replacement of 5 UHF repeater systems and 3 UHF hospital emergency department remotes.
A request for approval of the construction plans related to the preliminary plat of Vista Verde Estates, Montverde area, District 3.
A request for approval of the construction plans related to the preliminary plat of Village Green At Green Valley, Clermont area, District 2.
A request for approval of the construction plans related to the preliminary plat of Glenn Hills Subdivision.
Roads-County & State/Public Works
A request to accept Dawn Drive, Oakridge Drive, Lakewood Drive (Part), and Harbor Road (Part), into the County maintenance system.
Roads-County & State/Subdivisions
A request to accept the following release of Murphy Act Reservation:
#2255 - Reserve 40 ft. from Centerline on C-450
East Umatilla Subdivision - Carolyn M. Giles
Deeds/Right-of-Ways, Roads & Easements
A request to accept the following Right-of-Way Deeds:
For Lot Approval:
David 8. & Debra R. Bradford & David Royal, Jr.
Dwight L. Royal & Richard E. Royal
#5-7676 - Cemetery Road
Arthur D. & Nancy A. Tye
#4-4583 - Wolf Branch Road
For Road Project:
William G. & Joni T. Wiley
William E. & Joyce Curran
James L. & Margaret H. Carter
Ray B. & Carol B. Warren
W. Ralph Jones & Billy Ray Jones
#5-7940 - Thomas Boat Landing Road
For Site Plan:
Northside Christian Church at Fruitland Park, Florida
#l-6611 - Eagles Nest Road
Resolutions/Signs/Roads-County & State
A request to post 25 m.p.h. speed limit signs along Lake Eleanor Drive (4-4062).
A request for final approval of Harbor Hills, Unit 1 replat.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/REPORTS/STATE AGENCIES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to accept the Annual Report for the Lake Forest Area Wildfire Control Program and the Lake Cooperative Forestry Assistance Project, and for payment of the invoice for this fiscal year, in the amount of $14,092.98.
GRANTS/CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATION
Ms. Annette Star Lustgarten, County Attorney, commented on this request, stating that most of the County's grants are to municipalities, so there was no question as to whether they were appropriate parties or not. She stated that, at Commr. Bakich's request, she reviewed said request and found that this particular organization meets the criteria set up by the Florida Statutes, as far as providing a public purpose. She stated that an expenditure of Federal funds can be used for any purpose for which County funds may properly be expendited, as long as a public purpose is being served, which it is.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved an agreement between Lake County and the Astor Lions Club, Inc., for use of Federal Revenue Sharing Funds, for Recreational Programs.
ACCOUNTS ALLOWED/BUDGETS/COUNTY PROPERTY
Mr. Al Thelen, County Manager, informed the Board that Ms. Lustgarten, County Attorney, had stated that the County cannot use excess funds which the County has in its sales tax fund for the purpose of purchasing the County's share of the B.M.K. Ranch and M.K. Citrus properties, thus, the reason for using General Fund Contingency funds.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized the expenditure of $250,000.00, from the General Fund Contingency, for the County's share of the purchase of the B.M.K. Ranch and M.K. Citrus, Ltd. Partnership properties.
A brief discussion occurred regarding excess fees and the budget, at which time Mr. Thelen stated that the funds in question are additional funds, over and above what had been budgeted, noting that $300,000.00 had been submitted from the Sheriff, and approximately $l00,000.00 from the Tax Collector and the Property Appraiser combined.
Mr. James C. Watkins, Clerk, stated that he would be submitting a report dating the week of November 20, 1989, informing the Board of his excess funds, which he estimates to be approximately $450,000.00, consisting of both excess fees and unspent budget monies. He then suggested having Mr. Jim Schuster, Finance Director, get with Mr. Thelen and look at the monies (excess sales tax funds) which the Board had anticipated using, and now realize that they cannot, and be sure that said funds will be used in a way to offset the Contingency Fund.
CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Al Thelen, County Manager, explained this request (which concerns private enterprise running the Jail, rather than the Sheriff's Department), stating that he had listed, in a memo that he submitted t o the Board, a timetable, starting this date and running through the middle of March, in order to have said decision made, as the County would be putting a fairly significant investment into the development of an RFP, as it would be sort of a "bible" of how the County would handle said process. He stated that he needed some reaction from the Board as to whether or not they wanted him to
Discussion occurred regarding the private sector vs. government running detention centers, after Mr. Thelen informed the Board of some cases that he was familiar with.
The Chairman, Commr. Gregg, noted that the Board had received some letters from several correctional officers, who are employed with the Sheriff's Department, regarding some concerns they had about their future retirement, benefits, etc., and stated that he intended to send a letter, on behalf of the Board, informing said individuals that their concerns would be dealt with - that the Board is not interested in saving money, entirely at their expense, and that the Board has discussed with CCA how retirement, insurance benefits, salaries, etc. have been handled in other areas. He requested CCA to, also, send the Sheriff's Department a letter informing them as to how they had handled such matters in the past.
Mr. James C. Watkins, Clerk, informed the Board that he had received some phone calls from employees of the Sheriff's Department, indicating some fears which they had regarding same, and that, at some point in time, said employees need to have someone explain to them what will and will not happen, should CCA take over, if the County wants to have a positive reception. He stated that, due to some horror stories which have been circulating, some of the Sheriff's Department employees are looking for jobs outside of Lake County, as they feel they might lose their jobs.
Commr. Swartz requested Mr. Thelen to, briefly, describe what the whole RFP process involves, which Mr. Thelen did. Mr. Thelen then informed the Board that he had spoken with Mr. Gary Borders, Jail Administrator, several times regarding said issue, and had requested his assistance with the RFP.
Commr. Swartz then requested Mr. Robert Britton, with CCA, give a brief presentation (being he was present in the audience regarding how his firm operates concerning said issue.
Mr. Britton appeared before the Board stating that employees being concerned about the private sector taking over the operations of the jail facilities is a normal reaction. They automatically assume that they are going to lose their jobs. He stated that, if the County is going to change over, they need to do it quickly, as the individuals involved are going to be in turmoil until a decision is made as to whether or not it will be done. He informed the Board as to how his firm handled such changeovers in the past. He stated that the plan which CCA presently has is identical to the one the State of Florida has. He also stated that, in other changeovers, employees' salaries were never cut, as is rumored - in fact, employees' salaries were usually higher.
Mr. Watkins, Clerk, questioned Mr. Britton as to how many present employees would keep their jobs and how many would have to look elsewhere, as it is rumored that CCA would bring in their own people and some of the present employees would lose their jobs. He questioned whether all those wishing to keep their jobs would be able to do so, to which Mr. Britton replied that they would. He stated that all those employees wishing to keep their jobs and go
with CCA have the opportunity to do so - the only thing that is required is a 48 hour training program, due to liability insurance requirements.
Commr. Windram stated that the Board had been copied on a letter which indicated that private firms did not require certification, and questioned Mr. Britton as to whether this was true, to which Mr. Britton replied that the State passed legislation in 1985 requiring that private firms, such as his, be certified.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized staff to develop an RFP, for the procurement of a service contract to operate the County's detention facilities, and also requested a proposal from the Sheriff's Department, indicating what the Sheriff would be able to do under the situation of the County's new jail facility, as well as to develop a third alternative, for consideration.
Mr. Watkins, Clerk, stated that he felt it was important to meet with the Sheriff's Department personnel, as soon as possible, so that they might understand the good and/or the bad of the possible changeover, and not be going by rumors, but by facts, to which Mr. Thelen stated that he had informed Mr. Borders that, if the decision today was a positive one, what Mr. Watkins was suggesting would be done immediately.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that she was scheduled to meet with Mr. George Novas and Senator Langley (who represents the property owners) November 13, 1989, however, said meeting was cancelled and rescheduled for Wednesday, November 22, 1989. She stated that Senator Langley had requested a deferral, as the representative of the property owners.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved postponement of a request for final approval of the Lake Shepherd Victorian Estates plat, until the December 5, 1989 Board Meeting.
CONTRACTS, LEASES & AGREEMENTS/EMERGENCY MANAGEMENT
Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.
Discussion occurred regarding said request, at which time Commr. Windram questioned the County's liability in the matter, should an accident occur while a neighboring county is assisting in an emergency situation, and they do not have adequate insurance, to which Commr. Swartz stated that one of the clauses, as part of said agreement, requires that they have either a letter, or resolution of self-insurance, or a copy of their insurance carrier's letter.
Ms. Annette Star Lustgarten, County Attorney, commented, stating that, should an accident occur which involves another County, it would be that county's liability, as the agreement in question clearly provides that each participating entity provide their own liability insurance.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to execute "Public Works Mutual Aid Agreement", for the purpose of facilitating emergency assistance between participating governments.
COUNTY PROPERTY/PUBLIC WORKS
Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request.
After a brief discussion regarding said request, Commr. Swartz stated that he wanted to make sure the County went through the same process and met the same requirements that are asked of the public sector, regarding a request such as this.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board directed staff to take a request, for the Public Works Division to mine clay from a 40 acre portion of the County owned property at State Roads 19 and 27, through the appropriate planning and land use development regulations and resubmit it to the proper committees, in going through the normal process of meeting the requirements as set forth in the County's regulations.
Included in the motion was a request that the usual fee, involving such a request, not be waived.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the fact that she had furnished them with an outline of a procedure which she proposed they use, in regards to an appeal which had been filed by the Greater Orlando Aviation Authority, concerning a case involving the Greater Orlando Aviation Authority, Lake County, and Guy Gannett Publishing Company, as she and the Board of County Commissioners will be sitting as a Board of Adjustment, for said case. The hearing for said case is scheduled to be held Monday, November 20, 1989, in the Board of County Commissioner's Meeting Room.
At this time, it was noted that Commr. Gregg would not be sitting as Chairman for said Appeal Board, as his firm, Great Age Construction, contracted with Guy Gannett Publishing Company for the erecting of their radio towers.
Ms. Lustgarten stated that, in a hearing of this nature, the Chairman will rule on the evidence and submission of objections. Motions may be filed at the commencement of the hearing, however, they will not be ruled upon until the end of the hearing, so that all evidence would effectively have been submitted. She stated that the Board's choice as to how they wish to finally issue their order can be determined at the hearing itself. If the Board feels they have sufficient information, they can issue an order at the conclusion of the hearing, which will have findings of fact and conclusions of law, based on the evidence submitted. If the Board chooses to have proposed facts submitted and conclusions of law submitted by the parties, they can do that as well, and convene at a later date to actually issue the formal order.
Ms. Lustgarten informed the Board that she had hired Mr. Sandy Minkoff, Attorney, to represent the County, in the presentation of the evidence at the hearing itself. The Greater Orlando Aviation Authority will present their case first, then Lake County, and, thirdly, Guy Gannett Publishing Company. She stated that the hearing will be advertised in the newspaper, as required by the ordinance, prior to said hearing.
At this time, Commr. Gregg stated that he would not be acting as Chairman of the Appeal Hearing, alluded to above, due to a conflict of interest, therefore, the Vice-Chairman, Commr. Bakich, will be acting as such.
BUILDING DEPARTMENT/CONTRACTS, LEASES & AGREEMENTS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that several months ago a problem regarding certification and registration ,of aluminum erection contractors came to light, at one of the Board of Examiners Meetings. She stated that aluminum erection contractors are only licensed by the County, and the County's current description (which has existed for a number of years) lists the types of work that an aluminum erection contractor
can do. She stated that framing with wood is not one of them, however, the State recently amended its rules, adding this particular type of activity to what is permitted by such a contractor. She stated that the County's aluminum contractors have been framing with wood for a number of years, however, the need has arisen to amend the County's particular description, to permit them to do said work. She stated that she has spoken with the State regarding the matter, noting that they have no problems with it, as well as met with attorneys representing a number of aluminum contractors in the area. She requested authorization to draft an ordinance to amend said description, which will be considered by the Board.
Ms. Lustgarten stated that the issue of grandfathering has been raised, as to whether the existing contractors would be grandfathered in, and not be required to take the tests (which will have to be amended, as well), for wood framing, in relation to aluminum construction.
Commr. Gregg stated that he had received a number of calls regarding this matter and had asked the Board of Examiners to take this issue back up and make a recommendation to this Board. He then requested Ms. Lustgarten to draft the language for the ordinance, regarding the matter.
Ms. Lustgarten stated that the matter was considered at the most recent meeting of the Board of Examiners and they determined, at that time, that the matter should go directly to the Board, therefore, chose not to make a recommendation at that time.
Discussion occurred regarding limitations of present contractors, at which time Commr. Windram questioned how one would determine the limited part of the requirements for such a contractor, to which Ms. Lustgarten replied that it is described in the types of activities permitted by said type of contractor, noting that the rules are adopted by the State.
Mr. John Swanson, Director of Planning and Development, appeared before the Board stating that the State passed legislation in August, 1989, which states that, as of October 1, 1989, aluminum contractors could do woodworking, therefore, staff was requesting an amendment to the existing ordinance, allowing aluminum contractors to do woodworking in the framing, that they have customarily done all along, thereby, bringing it into conformance with State law.
Mr. Swanson stated that, in addition, staff was requesting that all existing contractors be grandfathered in, and that all new contractors, applying for licenses, be required to go through a testing procedure, which will be developed in the near future.
Mr. John West, Building/Fire Official for the City of Umatilla, appeared before the Board stating that he had some photographs which he took of some aluminum contractors at work, and felt the Board should take a look at them, before making any decisions regarding the grandfathering in of present aluminum contractors in the County, as certain ones are producing shoddy work. He stated that he felt it would benefit the citizens of the County to have all aluminum contractors take some type of efficiency exam on carpentry work.
Mr. Archie Lowry, Attorney, representing several aluminum contractors in the area, appeared before the Board stating that if a contractor is not doing adequate work, he should have to go before the Board of Examiners, or have some sort of action taken against him, such as revoking his license. He stated that he is hoping the Board will have something in the interim, so that the present alumunim contractors can continue, until the ordinance is passed, to do what they have been doing for the past 19 to 20 years, noting that, otherwise, some of them would be losing their livelihood (some as much as 35% of their total business).
Further discussion occurred regarding the matter, at which time Commr. Windram made a motion to authorize the County Attorney to advertise an ordinance amending the types of activities that an aluminum erection contractor can do, which was seconded by Commr. Swartz and carried unanimously.
Mr. Al Thelen, County Manager, stated that, if the Board was desirous for the present contractors to continue working, until action has been taken on said ordinance (which it was the consensus of the Board that they were), an administrative letter would be sent to them in the next few days, informing them of same, and indicating an approximate date for the adoption of said ordinance.
Commr. Swartz requested, however, that said letter include language from the State, informing the contractors that they will be restricted from doing woodworking, until said ordinance is passed.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would take a five minute Recess.
ACCOUNTS ALLOWED/FIRE PROTECTION
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Boacd stating that last week the Board was given a report on fire district consolidation, and there were a number of questions Kaised at that time. He stated that they have since come up with some data as to what other counties are doing, as far as generating general eevenue, which he reviewed with the Board.
Mr. Strickland stated that Commr. Bakich had questioned how much property the County had acquired from site developers, when they came in for development permits, noting that, at present, the County has six (6) acres. He described the location of four (4) of said sites, being: (1) one acre at Lake Williams Estate (Hwy. 455 and the Florida Turnpike); (2) one acre at Sunchase (U.S. 27, one mile south of Frank Jerrell Road); (3) one acre at Silver Bay Country Club (Hwy. 27 and Lake Louisa): and (4) one acre at Wekiva Park Estates (Hwy. 46 and the Wekiva River).
At this time, Commr. Gregg questioned whether the County is obligated to build fire stations at the sites which are being dedicated (noting the Plantation situation as an example, in which an acre was dedicated, however, the County was obligated to build a station on the site), to which Mr. Strickland replied that the County would not be obligated.
Commr. Windram stated that, as far as he was concerned, there were two factors involved, being: (1) there is a limit as to how many fire stations the County can afford to construct and man, and (2) the County is going to get a hassle from whoever dedicated the property, OK from people in the area in question, to build one and man it, whether there is a true need for one in said area or not.
Commr. Swartz stated that the County needs to put fire stations where they want them, and get away from having fire stations all over the County that don't necessarily fit into any particular plan.
Mr. Strickland then stated that this is the very thing that the County wants to do, and staff will be doing, in that the fire stations need to be established within a plan, as prepared by staff and presented to the Board, so that they can schedule where the stations will be located, when they will come on line, and how they will be budgeted, as well as a way to document needs for stations, in what areas.
Mr. Strickland stated that other information which has been generated is from staff going back and updating the County's fire runs. He stated that staff looked at the runs which occurred up to 1988, and found that 60% of said runs were for woods and grass fires, on agricultural and vacant type parcels.
Commr. Swartz stated that he was informed that land in bona fide agricultural use had very little fire calls, to which Mr. Strickland responded that since June of 1989 (at which time fires had begun to be documented as to agricultural o r vacant parcels) 50% of the total fire calls have been for agricultural or vacant parcels.
Mr. Strickland discussed several problems which the County has been faced with, being: (1) Unauthorized transfer of general revenue funds into Municipal Service Taxing Units (MSTU's.); (2) The appropriate process for abolishing existing taxing districts is unclear; (3) The implementation of assessments to vacant lots is not feasible; and (4) The County has a fire service with expenditures of $2,682,341.00 to operate, and a special assessment that generates $2,051,254.00 (less 5% statutory = $1,948,700.00). This clearly shows there are not sufficient funds to operate without the use of general fund revenues and cash carry forwards.
Mr. Strickland requested authorization to draft an ordinance, with a combination of agricultural, structural, special assessment, commercial, and ad valorem, to bring back to the Board at a later date, for their perusal.
Mr. Thelen, County Manager, injected that Ms. Lustgarten, County Attorney, has ruled that if the County does use a portion of the financing from ad valorem property taxes, it is not part of the County's aggregate levy limit, which is contrary to information which had previously been furnished to the Board. He noted that Ms. Lustgarten had researched the matter extensively, due to the fact that there was some misunderstanding regarding it. He stated that another problem the County is faced with is, when the County employees' pay scales were updated this year, everything was brought up to slightly above the minimum, based on said scales, with exception of the fire departments, which the County was going to try to implement over a period of two years. This underscores the other problem that the County has. He stated that, if the County is going to operate the fire districts, they need to pay a comparable wage, however, it cannot be done under the current structure, unless the rates are increased, which the County now has a chance to do.
Commr. Gregg questioned Ms. Lustgarten as to whether the tax in question would still fall under homestead exemption, since it is a special tax, to which Ms. Lustgarten replied that it would. Commr. Windram questioned Mr. Strickland as to how other counties handled agricultural land or vacant lots, to which Mr. Strickland replied that Polk County has no assessment for vacant or agricultural lands, however, agricultural lands are addressed in Osceola County, noting that this is where Lake County derived its service fee charge (being $75.00 per hour, with $1.00 for each additional hour after that, per acre) from, which was passed in June, 1989.
Commr. Windram then questioned whether Osceola County addresses vacant lots, to which Mr. Strickland replied that they do not.
Mr. Thelen injected that those counties that do address said issue, and do it by ad valorem tax, are based on the Property Appraiser's appraisals. He stated that the ad valorem is being used, as opposed to the structure tax. He also stated that it is difficult, when there is that type of structure, to get pure equity.
The County needs to decide how it wants to pay for fire service. If it wants to pay, based on how it receives said service, then this.puts the County in one direction. If the County decides that fire service is something that government is responsible for, to provide a minimum level of fire protection, then this points the County in another direction. He stated that he felt a combination of the two would generate more equity than either one by itself.
Commr. Windram stated that being the County presently has a structure tax, if they went back to ad valorem, they could not pick and choose who they would levy the ad valorem at.
Commr. Bakich stated that he was in favor of keeping the structure special assessment tax intact, and that, if the County goes to the ad valorem tax, that it should be kept as low as possible, and should only be drawn from if it is absolutely necessary. He stated that he would like to see something even and across the board, where no one section would be hit. He calculated some figures, which he relayed to the Board, based on several ad valorem assessment options, which had been presented to the Board for their perusal. He stated that he did not have a problem with Option "B", however, he would like to emphasize trying to keep ad valorem as low as possible.
Commr. Gregg stated that Option "B" generates the necessary revenues, however, in his opinion, the two step process, utilizing ad valorem and the structure tax, is the only way to go, but, possibly with different figures than the ones that have been presented this date. He stated that he was not in favor of increasing the structure tax or commercial, noting that he would like to see the County lower said areas and catch up with vacant land.
After considerable discussion regarding the various options for generating revenues, Mr. Thelen, County Manager, stated that what staff needs to find out today is if the Board wants to use a combination, so Ms. Lustgarten, County Attorney, can inform the Attorney General. He stated that staff can come back with figures, on any of the formulas which the Board covered this date, at a later date, for the Board's approval.
Commr. Swartz stated that his concern is that, if the County uses the numbers which were discussed this date, what the Board will be doing is exactly what they said they would not do, which is increase the cost of a residential structure from $35.00 (which it presently is) to approximately $50.00. He then referred to another problem which the County has, that needs to be resolved, being that in this budget year the County has a problem with funding the capital expenditure portion, which presently exists in the ad valorem budget. He questioned the County Attorney as to whether said problem could not be addressed by creating a new fund, which shows that, from a revenue standpoint, the County is going to allocate some of its State revenues, or sales tax, into said fund, and then, as an expenditure, pay the mortgages on existing fire stations and equipment.
Ms. Lustgarten, County Attorney, stated that she could not answer Commr. Swartz's question at this time, however, she would research it and bring an answer back to the Board at a later date.
At this time, Commr. Gregg queried the Board as to whether they were all of the opinion that the County needs to have an ad valorem tax and a structure charge combination, to which Commr. Swartz stated that he was not.
Commr. Swartz stated that the Board could request staff to come back with some sort of ad valorem special assessment structure situation, and to also come back with a review of the feasibility of getting into a billing system.
Mr. Thelen, County Manager, stated that, as far as next year is concerned, if the County wants to consolidate the financing, staff needs to find out how to do it, if the County is going to create an MSTU, with the ability to use both ad valorem and structure. If the County does not change, then it cannot do ad valorem. He suggested doing only one, due to the fact that it gives the County more flexibility, even if the County does not use it. He stated that setting up a billing system is a heavy issue, and one that the
County really needs to look at.
Commr. Swartz stated that if staff thinks they have to do something on the ad valorem side, the Board can designate a portion of the County's current ad valorem income, from the unincorporated area, to fire use in the unincorporated area.
Ms. Lustgarten, County Attorney, stated that this could be done, if the County was able to distinguish it. She stated that the problem is due to the fact that there is a co-mingling of funds.
Commr. Swartz stated that said funds could be pulled out. He stated that staff could identify an ad valorem portion for the unincorporated area, and add it to the pot.
Ms. Lustgarten stated that the County has to be very careful how they use their General Fund.
Commr. Gregg stated that the major problem the County is faced with, is not whether the County can consolidate, but the fact that there is a shortfall that needs to be made to, and the County needs to address it.
After further discussion regarding the issue, Mr. Thelen, County Manager, questioned as to whether the consensus of the Board was t o go with a combination, to which he was told that this was correct.
Commr. Gregg suggested setting up a spread sheet and running some combinations in such a way as to get agricultural charges up, and a way as not to exceed a half mill, for ad valorem.
Discussion continued regarding the matter, at which time Mr. Thelen, County Manager, stated that staff could come back to the Board, at a later date, with a combination between Option "B" and "D".
Mr. John West, Building and Fire Official with the City of Umatilla, suggested (from the audience) the possibility of looking into requiring a residential sprinkler system, thereby, cutting down fire response calls for same, to which Commr. Gregg responded that the problem was not with residential, but more with vacant lots.
Mr. Lonnie Strickland, Director of Health and General Services, reappeared before the Board stating that a fire prevention ordinance was presented to the Board, approximately two months ago, noting that staff has done what was requested of them, regarding same. He stated that the Board had talked about sprinkler system requirements, therefore, staff went to the City of Leesburg, looked at their system, and are presently working with the engineers in handling the matter.
COUNTY ATTORNEY'S MATTERS (CONT'D.)
COUNTY ATTORNEY/COUNTY EMPLOYEES/MEETINGS
Ms. Annette Star Lustgarten, County Attorney, brought to the attention of the Board the fact that she had hired an Assistant County Attorney, who would be coming on board December 4, 1989. She also stated that she and her staff would be moving to the Old Courthouse shortly, as their offices are almost ready for occupancy.
Another item that Ms. Lustgarten brought to the attention of the Board was the fact that a date needed to be set for the meeting with the Department of Community Affairs (DCA), regarding the Wekiva Amendment issue.
Commr. Gregg stated that he had not received a day or time from DCA, however, hoped that it would be no later than Thursday, November 16, 1989. As far as setting up a date for the next public hearing, he stated that he felt it could be done at the Board Meeting to be held at 5:05 p.m. this date. He suggested possibly setting it for November 28, 1989.
At this time, Commr. Gregg questioned Mr. Thelen, County Manager, as to whether RFP's were going to be discussed, regarding the landfill site, to which Mr. Thelen stated that staff had already developed said RFP's and they were presently being advertised. He stated that when his office receives them back, he will, at that time, bring them to the Board's attention.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:35 a.m., on a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously.
C. W. "CHICK" GREGG CHAIRMAN
JAMES C. WATKINS, CLERK
The Lake County Board of County Commissioners met in special session on Tuesday, November 14, 1989, at 5:05 p.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: Annette Star Lustgarten, County Attorney: Al Thelen, County Manager: Ava Kronz, Assistant to the County Manager: and Sandra Carter, Deputy Clerk.
ORDINANCES/PLANNING & DEVELOPMENT
Commr. Gregg opened the meeting by recommending that the public hearing regarding the Wekiva Amendment be postponed until a later date.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved postponement of the public hearing regarding the Wekiva Amendment, until a later date, to be determined at the November 21, 1989 Board Meeting.
Mr. Al Thelen, County Manager, explained this request, stating that (1) it restores funds, which were used, back into the Recreation Account, and (2) it budgets additional interest, which had not originally been budgeted, into the 1989-90 annual budget.
A brief discussion occurred regarding the request.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board adopted a Resolution amending the 1989-90 annual budget, in the amount of $347,397.00 (Federal Revenue Sharing Funds), in order to properly appropriate said funds.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:15 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK