The Lake County Board of County Commissioners met in regular session on Tuesday, January 9, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS
Mr. James C. Watkins, Clerk, swore in Commr. Bailey as Vice-Chairman for the 1990 year.
Mr. Watkins swore in Commr. Bakich as the Chairman for the 1990 year.
COMMISSIONERS
Commr. Bailey presented Commr. Bakich with a large gavel for the Chairmanship.
Commr . Bakich presented Commr. Bailey with a small gavel for the Vice-Chairmanship.
Commr. Bakich presented Commr. Gregg with a plaque for appreciation of his service as the Chairman for 1989.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of December 5, 1989, concerning the Greater Orlando Aviation Authority, as presented.
Commr. Gregg abstained from voting since he was not present at the meeting, because of a conflict of interest stated at a prior meeting.
Commr . Bailey acknowledged that he was not present for that meeting.
MINUTES
Commr. Gregg noted that, on Page 30, Line 17 and 18, of the December 5, 1989, Regular Minutes, the word "bite" should be "pit".
Commr. Swartz noted that, on Page 30, Lines 2, 13, and 24, the name "Kramer" should be "Crabill". Also, on Page 16, Line 7, " . . . the exception of..." should be inserted between "with" and "Lake".
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the Regular Minutes of December 5, 1989, as amended.
COUNTY EMPLOYEES/PERSONNEL
Commr. Bakich and Commr. Bailey presented the following County employees with plaques and years of service awards:
Five Years of Service
Ava K. Kronz - Administrative Assistant - County Manager's Office
Malissa B. Haben - Executive Secretary - Pollution Control/ Environmental Services (which was accepted by Don Findell)
Ben S. Nesheiwat - Chemist - Pollution Control/ Environmental Services
10 Years of Service
David Walker - Maintenance Specialist - Building Maintenance -Public Works
James D. Watson - Crew Leader III - Expo (Fairgrounds) -Health & General Services
John N. Helblig - Custodial Crew Leader - Custodial Section -Public Works (which was accepted by Frank Woodson)
12 Years of Service
Charlie F. Daniels - Operations Director - Public Works (which was accepted by Eddie Ratliff)
16 Years of Service
Loyd J. Warren - Equipment Operator III - Umatilla Area Maintenance Section - Public Works
Employee of the Month for December
G. Robert Smith - Equipment Operator III - Landfill Deprtment -Public Works ($50.00 Savings Bond)
Employee of the Year for 1989
Curtis Reese - Tire Repair Specialist - Equipment Maintenance Shop - Public Works ($l,OOO.OO Savings Bond)
COMMITTEES/PERSONNEL
Commr . Swartz mentioned that the Personnel Committee may want to consider erecting some type of sign in the lobby of the Courthouse identifying the Employees of the Month and the Employee of the Year, which would enable the public to be aware of the accomplishments of these individuals.
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Accounts Allowed
Payment of Warrant No. 115306 through 115899 for the following accounts:
County Transportation Trust Paisley Fire District
Landfills Countywide Fire District
Mt. Plymouth Fire District General Revenue
Countywide Library Land
Northwest Fire District Road Impact
Bassville Fire District Capital Outlay
Aquatic Weed Fine & Forfeiture
Pasco Fire District Private Industry Council
Mosquito Control South Lake Fire District
Law Library Emergency 911 Fund
Section 8 Revenue Sharing
Northeast Ambulance Northwest Ambulance
Law Enforcement Trust Fund
Bonds - Contractor
New
0165-90 Harvey L. Spears (General Contractor)
1285-90 Ronald J. Atley (Air Conditioning Contractor)
1705-90 Michael L. Fisher (Residential Building)
1738-90 William Buchanan & H.E. Smith, Inc. (Air Conditioning Contractor)
3095-90 Professional Electrical Contractors of Central Florida, Inc. (Electrical)
4149-90 Duane Bolinger dba Mid Florida Set-Up Service (Mobile Home Set Up)
4152-89 Kenneth Jones (Building Contractor)
4175-90 M.E. Day (Class B Building)
4456-90 David L. Martin dba A-l Restoration (Roofing Contractor)
4519-90 Edward W. Kern (Aluminum Siding Contractor)
4583-90 Charles Leroy Barnes (Pool Contractor)
4715-90 Joseph V. Isola, Jr. dba R & R Electrical Allstar (Electrical)
4723-90 Jack L. Perez (Electrical Contractor)
4788-90 Thomas W. Willis (Aluminum/Concrete Contractor)
4789-90 Dennis Solomon dba Dennis Solomon Construction (Residential General Contractor)
4790-90 Steven Perry dba A-One Electric (Electrical)
4791-90 Thomas J. Martin (Aluminum Specialty)
4792-90 William Lee Walker dba Bill Walker Construction Co., Inc. (General)
4793-90 Bruce Baumgardner (Aluminum)
4794-90 Greg Boley dba Shell Electric (Electrical)
4795-90 Andrew J. Hendrix dba A. J. Hendrix Roofing (Roofing)
4796-90 Randall J. Guinn (Electrical)
4797-90 Bryan L. Williams (Electrical Contractor)
4798-90 Gary Nelson Builder, Inc. (Residential Home Builder)
4799-90 Donald Koon dba Diversified Electrical Services (Electrical)
4800-90 John Teeters Electric (Electrical)
Cancellations
0033-89 David W. Jacobs dba Fogelman/Byrnes & Doggett, Inc.
0430-89 James W. & Julia Mae Montgomery
0523-89 Terry T. Stephenson dba Stephenson Mobile Home Service, Inc. (Mobile Home Set Up)
1022-90 Larry Malcuit, Allen Keenan, Harry Showers dba Western Concrete
1455-90 Gary L. Tinney dba Sunstate Plumbing, Inc. (Plumbing)
1545-89 Kenneth R. Huchingson
1856-89 Thomas Mansbcidge dba Future A.C. & Heating (A/C & Heating)
3035-89 Follmac Electric Company, Inc. (Electrical)
3046-89 Cardinal Siding & Construction, Inc.
3091-89 Wayne C. Dykes (Air Conditioning)
4152-89 Kenneth Jones dba K & J Masonry
4596-89 John Wayne Clifton (Contractor)
4655-89 Dykes, Cruz & Company, Inc. (Electrical1
4680-89 Robert D. Brewer (Heating & A/C Contractor)
Accounts Allowed/Assessments/Courts-Judges
Satisfaction of Judgment for Earl Walker and Elsie Walker, Case NO. 89-1026-CJ, in the amount of $50.00.
Satisfaction of Judgment for Timothy J. Clarke and Sandra Clarke, Case No. 89-1047-CJ, in the amount of $50.00.
Satisfaction of Judgment for Duane T. Holston, Juvenile, and Luther Holston and Judith Gail Holston, Parents, Case No. 89-1011-CJ, in the amount of $50.00.
Satisfaction of Judgment for Edrick E. Barnes, Juvenile, Randolph Barnes and Eva Boyd, Parents, Case No. 89-984-CJ, in the amount of $50.00.
Satisfaction of Assessment Lien for Donald A. DePaulis and Joseph F. DePaulis, in Thomas Holdings, in the amount of $3,944.00.
Satisfaction of Assessment Lien for Bernard S. Verse, in Thomas Holdings, in the amount of $3,944.00.
Satisfaction of Mortgage for Kate Y. Bell, securing fines, fees, and restitution in Case Numbers 86-145-MMAOl, 86-1591-MMAOl, and 87-1670MMA01, in the amount of $1,562.48.
Accounts Allowed/Finance
Request for the approval of requisitions for budgeted payments to Constitutional Officers.
COUNTY MANAGER'S CONSENT AGENDA
Ms. Eleanor B. Anderson, Director of Budget and Administrative Services, appeared before the Board to discuss the request for the approval of Tab 10, the Holiday Schedule for 1990. She noted that this schedule is based on the schedule used by the Clerk and the municipalities. She noted that they did not take into consideration the holidays in the private sector, only governmental entities.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
County Employees/Personnel
Certificates for employees with one and three years of service, as follows:
One Year of Service
Gerald N. Jacobs - Risk Manager - Risk Management - Budget & Administrative Services
Arnold F. Schreiber - Crew Leader II - Traffic & Road Safety - Public Works
Joan M. Pell - Clerical Assistant III - Purchasing -Budget & Administrative Services
Three Years of Service
Patricia A. Stahl - Secretary III - Pollution Control -Environmental Services
Margaret L. Norman - Secretary III - Fire Service -Health & General Services
County Policy/Personnel
Request for the approval of the Holiday Schedule for 1990.
Ambulances-Hospital Districts/Budget Transfers
Request for the transfer of funds from Other Contractual Services to Machinery and Equipment, in the Northeast Ambulance and Northwest Ambulance Budgets, in the total amount of $22,953.04.
Appointments-Resignations/Committees
Request for additional appointments to the Census Complete Count Committee, as follows:
Mr. Felix Ramirez
Mr. Ted Bowersox
Mr. Joseph Stephany
Bonds - Mobile Home
Request for Tammy Long, East Umatilla area, District #5, and Kenneth Carnes, Fruitland Park area, District #l, to live in a mobile home, for one year, on the same piece of property on which their conventional dwelling units are being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling units or upon the request of the Board of County Commissioners.
Resolutions/Signs
Request to post "No Thru Truck" signs on Altoona Road, W. #5-8272.
Municipalities/Public Works/Roads-County & State
Request from the Mount Dora Art Festival Committee to close Donnelly Street from 7th Avenue south to 3rd Avenue, and 9th Avenue from Baker Street west to Alexander Street, from 6:00 a.m, Saturday, February 3, 1990, to 6:00 p.m., Sunday, February 4, 1990.
Deeds/Roads-County & State
Request to release the following Murphy Act Deed reservations: Deed No. 581 & 1581 for Deloces J. White at City of Eustis (l-19-26)
Deeds/Right-of-Ways, Roads & Easements/Roads-County & State
Request to accept the following Right-of-Way Deeds: Mark D. Cook, Jr. L Frances F. Cook #l-7212 Griffin View Drive Robert A. Hatcher & Jack K. Roberts #5-7972 Fletcher Road
REPORTS/WATER AUTHORITY
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Annual Aquatic Plant Control Activities Report for FY 1988-89 from the Lake County Water Authority.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
BUDGET & ADMINISTRATIVE SERVICES/BUDGET TRANSFERS
Mr. Alan A. Thelen, County Manager, discussed the request for the establishment of the Office of Management/Budget. He noted that $78,000.00 of this request was earmarked for a position to be established by the County Manager, based on two positions for half of the year. One of those positions has been filled, by Ms. Eleanor B. Anderson. He added that, in addition to that position, two other positions had been provided for to cover the transfer of the Budget office from the Clerk's office to the County Manager's office.
Mr. Thelen noted that the Clerk and himself had discussed this issue with the existing individuals in Budget. It was their decision to proceed with this issue, and if the persons currently in those positions wanted to apply they could. If they did apply and move, the budget, as well as the people, would be transferred, then the Clerk would use those positions to expand his internal audit function and/or absorb the employees through attrition.
Mr. James C. Watkins, Clerk, stated that, since the creation of the new Budget office, those that worked on the budget in the Clerk's office will continue to coordinate the functions of the Tax Collector, Property Appraiser, Sheriff, Clerk, and Supervisor of Elections, and will continue to work with the revenue projections. He noted that, the Director of Budget and Administrative Services should be able to select their own staff, and the employees should have the freedom to choose which way they want to go.
Mr. Watkins stated that, most counties have a strong internal auditing function, which prior to the annual financial audit, covers a performance type audit concerning policies and procedures. He noted that, his responsibility, as County Comptroller, is to ensure that the monies that are being received are properly recorded.
Commr. Swartz questioned whether the internal auditing is a new function. To which Mr. Watkins responded that, it is not a new function, because it has been done sporadically through the years when necessary.
Commr. Swartz stated that, he was concerned with the low balance in which it would leave the Contingency and General Fund at such an early time in the budget year, and the fact that they would be creating a new position at the beginning of the year. To which Mr. Watkins responded that the new function being created is the Budget and Administrative Services office, not the auditing function, which has been performed previously by the Clerk of the Circuit Court on behalf of the Board of County Commissioners.
Commr. Swartz noted that, the Board is now assuming responsibility that had, in the past, been performed by the Clerk, which was carried out with Clerk employees; and funds were
transferred to the Clerk for the performance of those functions. He felt that the Board would end up with one and a half or two more employees than originally anticipated, at a time when, the County cannot, financially, afford to do so. He further felt that, this issue should be approached by a budget transfer which would transfer the funds and/or people that ace currently doing that function into a different slot in a different office, cathec than transferring the funds out of Contingency.
Mr. Watkins stated that, with the transfer of those functions, a major portion of the budget work remains with the Clerk's office. He further stated that, he would need two of the three employees, in order to do the work as he would like it to be done, in terms of internal auditing.
Commr . Swartz commented that he understood that, if one or two of those Clerk's employees should decide to transfer into the Budget.office, then the Clerk would cestcuctuce his office, or if those employees did not transfer, then those costs would be absorbed through attrition.
Mr. Watkins stated that, there are approximately one to one and a half individuals, that may wish to transfer. He noted that, if the Clerk desires to expand the internal auditing function there does not have to be a budget discussion before the Board, because it can go through the Clerk's operation as it is, which would be funded through fees the Clerk collects.
Commr . Swartz stated that, he does not feel that the Board is creating a new department, only continuing a process in which the Clerk has been involved, and moving some of the functions performed by the Clerk under the direction of the Board.
Mr. Watkins noted that, the difference is in the depth of the analysis; previously, the Clerk provided the administerial duty of assembling data, and presenting the data on behalf of the management of the County, which was analyzed by management, then presented to the Board for discussion.
Commr. Bakich noted that, he is also concerned with the level at which the Contingency will be if this occurs.
Mr. Thelen stated that, initially, when the $78,000.00 was set aside for two positions for half of the year, it was for the County Manager so that he could organize his office as he felt best. It was his determination that the organization could better be served by someone who is in a Management/Budget office, as a result it was his decision to create that office, based on his understanding that the budget function would come from the Clerk's office to the County Manager's office.
Commr . Bakich questioned the feasibility of obtaining secretarial help for Ms. Eleanor B. Anderson, Executive Director, Budget and Administrative Services Director, and the possiblity of transferring over, or hiring personnel, as indicated by Mr. Watkins. Mr. Thelen responded that one person has made application to be interviewed for the analyst position, and if that occurred the budget of that individual would be transferred from the Clerk's budget to the Board. He felt that to do the budget function properly, two positions should be had, delaying hiring of a third person after reviewing the results of the office with only two positions.
Mr. Watkins noted that, there are monies lost to the County with the lack of internal auditing, and if auditing is done on a selected regular basis, some monies could be saved.
Commr. Swartz stated that, he supports the additional function, but is concerned with the duplication of duties.
Mr. Jim Schuster, Finance Director, stated that when he came into his position, part of the budget was being done on the Board's side, and a part on the Clerk's side. He added that, when he staffed his office, he assumed that there would be additional positions created when the reorganizational process took place. In the Finance Department only two additional positions were added relative to this issue, one was for the internal audit program and one was for additional staff support for the budget. An additional responsibility to the County, created by a new legislative act that been added, that being guardianship audit cases, consisting of 300 to 400 cases yearly, which was not anticipated in the original budget.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board accepted the report, as recommended by the County Manager, for the Office of Management/Budget, and the transfer of $137,847.00, from General Fund Contingency, until it is determined whether the Clerk's employee will transfer over, if they do transfer then the funds for that employee will also transfer; and whether that position is filled immediately, then, come back to the Board for the additional $30,000.00.
Commr. Swartz voted "No".
ACCOUNTS ALLOWED/COUNTY EMPLOYEES/INSURANCE
Mr. Alan A. Thelen, County Manager, discussed the request for the establishment of a Flexible Benefits Plan, which allows employees to pay their contribution to the health program with before tax dollars, through a voluntary salary reduction agreement. Mr. Watkins noted that, this program requires additional labor to set up this plan in terms of record keeping.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request for the establishment of a Flexible Benefits Plan, which is paid for by the employees, with before tax dollars, through a voluntary salary reduction agreement.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
SHERIFF'S DEPARTMENT
Mr. Alan A. Thelen, County Manager, discussed the request to renew the lease of space for the Sheriff for the Sheriff's undercover operations, in which the location is not disclosed
because of its necessity for confidentiality.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the approval to exercise the option to renew the lease of space for the Sheriff, for one additional year, at the current rate of $7,200.00, annually, through January 31, 1991.
BUDGETS/COUNTY MANAGER/OUTDOOR RECREATION
Mr. Alan A. Thelen, County Manager, discussed the request for the adoption of the budget for the establishment of a Park/Recreation Director, and the operation 'of that office, at a current fiscal year cost of $51,000.00, and a proposed budget for fiscal year 1990-91 of $70,000.00. He recommended to the Board to fund that position for eight months, including a secretary that would work part of the time in Public Works; and, if that is done, the cost of $51,000.00, would be reduced to $39,000.00; and the $70,000.00 proposed budget for fiscal year 1990-91, would be reduced to $55,000.00, from General Revenue Sharing funds.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the establishment of a Pack/Recreation Director and approval of the tentative budget for operation, with the exception that it be limited to the Pack/Recreation Director, eliminating the cost for the secretarial staff, allocating those costs as needed. Also included in the motion, was the authorization for one person to provide secretarial services to the Park/Recreation Director and the Public Works Department.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the acceptance of a proposal from William T. Lindemann, P.E., for providing Threshold Inspection Services, for the new Criminal Justice Facility, at an estimated cost of $70,000.00, transferring the funds from 620 Buildings to 340 Other Contractual Services Account.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the transfer of funds, in the amount of $39,000.00, to cover Correction Service Group's contractural obligations, from 620 Professional Services Account to 340 Other Contractual Services Account.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request for the transfer of funds, in the amount of $2,439,550.00, to cover Hellmuth, Obata & Kassabaum, Inc.'s architectural services , from the Sales Tax Budget 620 Buildings Account to the respective line accounts.
ACCOUNTS ALLOWED/FIRE PROTECTION
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request for the purchase of a 1976 Ward LaFrance fire truck, at a cost of $47,000.00, to be placed in the Northwest Fire District #6.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved the request for the pucchase of a 1976 Ward LaFrance, 55' ladder with snorkel fire truck, based on a sole source provider, at a cost of $47,000.00, to be placed in the Northwest Fire District #6, and to transfer the exact sum from Contingency into their Machinery and Equipment Account (640).
Commr . Bailey was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the contract between Lake County and the State of Florida Department of Health and Rehabilitative Services.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for the acknowledgment and approval of the 1989-90 contract between Lake County and the State of Florida Department of Health and Rehabilitative Services, with a County appropriation of $472,790.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
ROADS-COUNTY & STATE
Mr. Jim Stivendec, Director of Public Works, appeared before the Board to discuss the amendment to the agreement with Control Specialist to extend the agreement for signal maintenance. He noted that, there is an individual in the Public Works department that inspects the signals with the Control Specialists and the County will be cutting down the signal maintenance fee once he has completed his training.
Commr . Gregg instructed Mr. Stivendec to provide the County Manager with the costs associated with this in-County individual. On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signature on the first amendment to the agreement with Control Specialist, to extend the agreement for signal maintenance, for one year from October 1, 1989 to September 30, 1990, and to increase the monthly flat rate from $35.00 to $40.00, per intersection.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award Bid #027-070-090, for one l-ton Diesel Cab and Chassis, to Vann Gannaway Chevrolet, in the amount of $13,985.43, each, with the funding to be taken from the County Transportation Trust (CTT) fund.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award Bid #026-070-090, for five 1990 3/4-ton Diesel Pickup Trucks, to Cecil Clark Chevrolet, in the amount of $67,721.15 ($13,544.23 each), with funding to be taken from the County Transportation Trust (CTT) fund.
COUNTY EMPLOYEES/PUBLIC WORKS
Mr. Jim Stivender, Director of Public Works, introduced to the Board, Mr. Mike Brooks, the new Operations Supervisor for the Public Works Field Crews.
COUNTY ATTORNEY MATTERS
COMMISSIONERS/COUNTY ATTORNEY/COURTS-JUDGES
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, updated the Board on the status of the Greater Orlando Aviation Authority permit issue, in which the Lake County Board of County Commissioners acted as a Board of Adjustment. She noted that the Greater Orlando Aviation Authority has filed an Appeal of the decision of the Board of Adjustment. She further noted that, she has filed pleadings regarding the summons, in which she moved to dismiss the complaint due to the rule of procedure that they followed.
COMMISSIONER'S BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMISSIONERS
Commr. Bakich brought to the attention of the Commission members a list with the appointments of Commission Liaison positions for the 1990 year. He requested the Commissioners to review it and submit any changes, in writing, which they may have to the list.
GAME & FRESHWATER FISH COMMISSION/LAWS & LEGISLATION
ORDINANCES/SHERIFF'S DEPARTMENT/WATER AUTHORITY/WATER RESOURCES
Commr. Bakich brought to the attention of the Board a letter he had received from Representative Stan Baintec, in which he is requesting the Lake County Board of County Commissioners to adopt an ordinance and work with the three other counties on the Wekiva River issue. He noted that Representative Bainter is requesting a 20 mile per hour speed limit, a no wake-idle speed zone, and that no airboats be allowed on the river. Commr. Bakich recommended adding not allowing any any motorboats on the river, which would also help alleviate the pollution problems.
Commr . Gregg noted that, he would like the act to be set up as a state law so that it could allow joint enforcement by the Game and Freshwater Fish Commission, Water Authority, Sheriff's Department, and the Marine Patrol, because they are better able to handle such enforcement. He added that, if it were prepared in that fashion it would impose the same restrictions on all three counties involved.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved for the Chairman to respond to Representative Bainter, in a letter, the Board's wishes, and to coordinate any action which would require coordination with the other counties or delegates, included in the motion was the Board's desire to reduce the speed limit below 20 miles per hour.
ACCOUNTS ALLOWED/COMMISSIONERS/LAWS & LEGISLATION
Mr. Alan A. Thelen, County Manager, brought to the attention of the Board the fact that on January 22, 1990, there will be a meeting with the legislative delegation, in which the cities and citizens are invited to attend. He noted that, after the meeting the Board is sponsoring a luncheon for the delegation.
No action was necessary at this time.
APPOINTMENTS-RESIGNATIONS/LIBRARIES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the appointment of Shirley Colvard, to the Lake County Library Board, to replace Connie Wagner who represented Umatilla on the Board, with a term to expire September 30, 1991.
Commr. Gregg was not present for the vote.
LAWS & LEGISLATION/MUNICIPALITIES/ORDINANCES
SHERIFF'S DEPARTMENT
Commr . Bakich brought up for discussion the possiblity and/or need for an ordinance imposing the two clerk rule for convenience stores in Lake County. He stated that the County staff and the Sheriff's Department are investigating the possibilities of such ordinance.
Commr . Bailey stated that, the Board should set up a hearing process, in which to gather input from all involved. He noted concerns as to the hours for the sale of alcoholic beverages.
Mr. Alan A. Thelen, County Manager, noted that, the Sheriff's Department is currently compiling research concerning the Sanford and Gainesville ordinances and the strategies these cities use. The Sheriff's Department will also be drafting their own ordinance and meeting with members of the retail committee. He further noted that, he has set a tentative meeting to discuss such on the 23rd of January at 10:30 a.m., which the municipalities are interested in attending.
Commr. Gregg noted that, he would like to receive all of the facts, figures, and statistics from other communities that may have such an ordinance.
Commr. Windram mentioned that the Board needs to decide what types of businesses they want to include under this ordinance, such as, convenience stores, gas stations, bars with convenience stores and gas, or all that are open after midnight.
Commr. Swartz discussed a study entitled "Convenience Store Robberies: An Intervention Strategy by the City of Gainesville, Florida", which reviews the studies of a Professor, the trade industry, and other studies.
Discussion occurred regarding the time of the meeting, the time limit, and the amount of meetings to have concerning this subject.
Commr. Windram mentioned that, the Board needs to decide whether to have the ordinance local or under state law, where all businesses would be competitive.
Commr. Swartz stated that, the ordinances which are presently in effect, are not limited to convenience stores, but encompass different types of businesses, as to the way they sell, and their hours of operation. Those ordinances not only include the two clerk system, but also better lighting, security cameras, and uncluttered windows.
No action was necessary at this time.
COMMITTEES/COUNTY PROPERTY/MEETINGS
Commr. Gregg stated that he had attended the Lake County Industrial Development Authority's meeting of January 8, 1990, which they expressed to him their desire to become more involved in the growth of Lake County. The Authority requested approval by the Board to meet with the Lake County Tourist Development Council in order to begin the development of an Industrial Park at the County-owned property at Highway 19/27/Turnpike.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved for the Lake County Industrial Development Authority to set up a joint meeting with the Tourist Development Council, with the request to be made by letter to the Chairman of the Tourist Development Council, in order to come to a conclusion and recommendation to the Board of County Commissioners, concerning the County-owned property at Highway 19/27/Turnpike.
COUNTY POLICY/PROPERTY APPRAISER
Commr. Bailey brought up for discussion the freeze of Christmas 1989, in which some of the citrus froze. He felt that, possibly, the Board could try to do something for the industry, such as, ensure that the farmers retain their Agricultural exemption.
Commr. Swartz stated that the Board may want staff to review the Blue Belt exemption if those citrus farmers cannot maintain their Agricultural exemption.
No action was necessary at this time.
COMMISSIONERS/MEETINGS/ORDINANCES/RESOLUTIONS
Commr. Gregg stated that, he felt that the Board should elect the Chairman during the first meeting in January, rather than in December, and have the Chairman take the position at that time.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved for staff to prepare a resolution, or an ordinance, in order for the Chairman to be elected at the first meeting in January and take effect at that time.
ENVIRONMENTAL SERVICES/ORDINANCES
Commr. Gregg brought to the attention of the Board that the portion dealing with irrigation in the Landscape Ordinance is confusing. He stated that the ordinance did not intend to require an irrigation plan capable of going out to bid, it was only meant to require that there is an automatic sprinkler system for all landscaped areas. He felt that the language should be changed to reflect "that all landscaped areas are to be adequately sprinkled by an automatic irrigation system".
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that, staff could compile a report of how other jurisdictions are handling the situation or just amend the ordinance.
Commr. Gregg requested staff to prepare an amendment to the ordinance, with the suggested language, in order to clarify the intent of the ordinance.
COMMITTEES/MEETINGS/ZONING
Commr. Gregg stated that, it has come to his attention, that at a past Planning and Zoning Commission meeting, one of the members overstepped his bounds in his comments concerning the zoning in his district, in which that member felt that the zoning in his district should be by his direction.
Commr. Gregg noted that, the decisions of the Planning and Zoning Commission ace to be made by 10 members, not just one or two, because majority rules. He noted that the member he is referring to is Mr. Greg Homan.
Commr. Swartz stated that Mr. Homan was following the protocol of the Board of County Commissioners, in which, if a case is in their district, it is usually one of the district Commissioners who will make the motion for its approval or disapproval.
Commr. Bakich noted that, per his experience of being a member of the Planning and Zoning Commission, there were times that the motions were made by a member that was not in that particular district.
Commr. Windram stated that, the purpose of the Planning and Zoning Commission is to provide the Board of County Commissioners with another possible perspective of the zoning requests.
Commr. Bakich noted that, it is important that the Board of County Commissioners meet with the Planning and Zoning Commission, in order to come to an understanding of how the Board of County.Commissioners intends for them to handle zoning requests.
COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES
Commr. Swartz stated that, he would like to offer congratulations to Mr. Brad Bausecman, Environmental Services, for the Christmas tree recycling program.
CODE ENFORCEMENT/ORDINANCES/SHERIFF'S DEPARTMENT
Commr. Swartz brought to the attention of the Board recent telephone calls regarding noise/nuisance complaints involving disturbances in neighborhoods. He noted that, the County does not have the regulations to help those persons that are having problems, to deal effectively with these types of situations. He felt that he would like staff to review the problems and, if necessary, prepare something that would give Code Enforcement the ability to deal with these problems. He added that, the Sheriff's Department has tried, unsuccessfully, to remedy the situations, but most of the problems are not to the point of disturbing the peace.
Ms. Annette Star Lustgarten, County Attorney, stated that, the Sheriff's Department would determine if there are any criminal violations that they could enforce. She added that, there is nothing in the Lake County Code regarding noise, other than noisy animals, and loud industrial uses.
It was the consensus of the Board to look at the possibility of adopting an ordinance dealing with noise control, and that the County Attorney review other jurisdiction's ordinances, and prepare a report for the Board's review.
COMMISSIONERS/MEETINGS
Commr. Swartz suggested that, the Board consider adding to the agenda, under "Other Business", something to the effect of "Audience To Be Heard", in order to let the public know that they can address the Board. He added that, another way to handle it would be to register the individuals who want to come before the Board.
Commr. Bailey noted that, if one knew in advance that they had something to discuss with the Board, they could get on the agenda, but anytime there are citizens in the audience that would like to comment they should be considered.
Commr . Bakich stated that, since he has become Chairman, he intends to ask the audience if there are any comments or questions that they would like to take up with the Board at the end of the meeting.
No action was necessary at this time.
ENVIRONMENTAL SERVICES
Commr . Bakich noted that he would like additional information regarding the collection of hazardous waste in Lake County, in order to review the process and to attempt to collect it in a more efficient manner.
COMMISSIONERS
Commr. Bakich requested the other Commissioners to present him with their goals and objectives for the County.
ROADS-COUNTY & STATE/ZONING
Mr. Ed Butters, a resident of Lakencidge in Umatilla, appeared before the Board to discuss and summarize a problem he has been having concerning a road in his subdivision.
Commr. Bakich informed Mr. Butters that all of the County employees have stated that the problem is a Civil problem and it cannot be resolved by the County.
Ms. Annette Star Lustgarten, County Attorney, stated that this road is a private easement, which is not a County road, therefore, the County has no jurisdiction over it.
Mr. Butters submitted to the Board a summary of his problem and referred to quotes made by certain individuals. Commr . Bakich informed Mr. Butters that, himself, the County Manager, and the Planning and Development Director, would be willing to meet with him to further review this problem.
ORDINANCES/WATER RESOURCES
Ms. Dorie Hostettler, a concerned citizen, appeared before the Board and stated that she would like to see the Board do something about the noise of jet skis and motorboats on the lakes near lakefront homes.
No action was necessary at this time.
MUNICIPALITIES/PUBLIC WORKS/ROADS-COUNTY & STATE
Commr. Windram noted that concerning the request in the Consent Agenda for the closing of certain streets during the Mt. Dora Act Festival, some of the merchants would like the Art Festival Committee to prepare some type of sign or advertisement which would indicate that those merchants ace still open. To which Mr. Jim Stivender, Director of Public Works, indicated that he would handle that situation.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:30 a.m.
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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