The Lake County Board of County Commissioners met in regular session on Tuesday, July 10, 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; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; Neil Kelly, Director of Administrative Services; and Toni M. Austin, Deputy Clerk.
Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the minutes of June 19, 1990, as amended.
CLERK OF THE COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved payment of Warrant #122780 through Warrant #122979, for the following accounts:
Landfills Countywide Fire District
Pasco Fire District South Lake Fire District
General Fund Fine & Forfeiture
Miscellaneous/Gas Fund County Transportation Trust
Bassville Fire District Northeast Hospital
Countywide Library Northwest Fire District
Mosquito Control Private Industry Council
Mt. Plymouth Fire District Aquatic Weed
Road Impact Capital Outlay
Paisley Fire District Emergency 911 Fund
Section 8 Revenue Sharing
CLERK'S FOR YOUR INFORMATION ITEMS
1. Notice of Public Hearing - The Land Acquisition Advisory Council will be holding a public hearing at 9:00 a.m., on July 6, 1990, at the Department of Natural Resources, Tallahassee, to receive public testimony regarding (1) 19 Conservation and Recreations Land (CARL) project assessments; (2) recommended revision to the Land Acquisition Trust Fund priority list and 1990
Interim Report for the Save Our Coast program; and (3) to recommend Interim Report for the CARL program.
2. Notice from the Florida Public Service Commission regarding a second corrective order amending Utilities, Inc. of Florida's Certificate No. 383-W, in Lake County, correcting typographical errors in Appendices A and B.
3. Notice from the Florida Public Service Commission, Notice of Commission Hearing in Re: Petition for Review of Rates and Charges Paid by Pats Providers to LECS, Issued 6-11-90, Prehearing Conference Monday, July 9, 1990; Hearing, Wednesday - Friday, August 1-3, 1990, 9:30 a.m., Tallahassee.
4. Notice from the Florida Public Service Commission in Re: Application of Lake Griffin Utilities, Inc., for Water Certificate in Lake County, Amendatory Order.
5. Public Notice from the Department of the Army, applicant being Fair Oaks Condominium, to construct additional docking facilities to an existing dock.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz stated that he had questions regarding Tab 1, request for approval and signature on the Resolution, which amends Resolution 1990-57 establishing the Citizens Advisory Committee for Impact Fees, and requested that it be pulled from the consent agenda.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Request for authorization to pay Ringhaver Equipment Company repair bill of $14,672.69 for repairs to the landfill compactor.
Request for authorization to pay Ringhaver Equipment Company repair bill of $16,047.54, for repair to the landfill bulldozer.
Accounts Allowed/Environmental Services
Request to purchase 2,000 gallons Cythion Malathion 91% Technical Grade (Mosquito Adulticide), in the amount of $16,690.00 (budgeted item).
Request for approval to pay monthly 9-1-1 charges to United Telephone for tandem, circuit and data base updates, in the amount of $10,303.90.
Accounts Allowed/Emergency Management/Grants/State Agencies
Contracts, Leases & Agreements
Request from Emergency Management for approval of a 50/50 Federal Matching Grant, administered by the Department of Community Affairs, in the amount of $9,.711.00 and signature on the agreement.
Planning & Development/Subdivisions
Request for preliminary approval of Reich Reserve (12 lots in District 4).
Bonds/Contracts, Leases & Agreements/Resolutions/Subdivisions
Roads-County & State
Request for final approval of Rolling Oak Estates (114 lots in District 4); accept and execute a maintenance bond and contract, in the amount of $16,815.00; and accept the following roads into the County maintenance system: Rolling Oak Road (4-5087), Windy Oak Street (4-4987A), Glenn Oak Avenue (4-4987B), Appaloosa Trail extension (4-4987).
Bonds - Mobile Home
Request from Daryl English to cancel an existing mobile home bond, Jack Lakes area, District 2.
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deeds:
For Site Plan:
Glenn Snowberger, Sr. & Carol Snowberger - C-42
Ralph D. Suggs - Jefferson Street - #3-1369
Ralph D. Suggs - First Ave. #3-1368
For Lot Approval:
Eleanor Douglas Barrineau; Lillian Douglas Hogenboom;
R. Hugh Douglas; Russell V. Douglas; and William M.
Douglas - Gray's Airport rd. #1-7310 & First Ave.
Eleanor Douglas Barrineau; Lillian Douglas Hogenboom;
R. Hugh Douglas; Russell V. Douglas; and William M. Douglas - Gray's Airport Road #1-7310
Deeds/Roads-County & State/Subdivisions
Request to release the following Murphy Act Deed Reservations:
No. 757 - Lucille H. Tegder & Dorothy Tegder Brooks -
Monte Vista Park Farms
No 1284 - Lucille H. Tegder & Dorothy Tegder Brooks -
Monte Vista Park Farms
Commr. Swartz discussed the request for approval and signature on the Resolution, which amends Resolution 1990-57 establishing the Citizens Advisory Committee for Impact Fees. He stated that he did not feel that the intention of the resolution was to remove the one municipal elected official, but was to expand the membership by creating the at-large position.
Mr. Al Thelen, County Manager, discussed the members that have been attending the meetings.
Commr. Swartz suggested having one school board member, one municipal member, not necessarily elected, and two members atlarge.
Ms. Annette Star Lustgarten, County Attorney, stated that the language could be expanded to say two citizens at-large, which may include a municipal representative.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to change the language in the resolution to indicate two citizens at-large, one which may be a municipal elected official.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/INSURANCE
Mr. Al Thelen, County Manager, discussed the request for the acceptance of the American General Reserve Refund agreement for Contract 5170. Mr. Thelen stated that the company will release the remaining reserves, if the County agrees to be responsible for any further claims. No further claims are anticipated and the reserves, in the amount of $146,184.00, are currently being held without interest.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Group Health Insurance Contract 5170 terminated March 31, 1989, and that there are no outstanding claims.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the American General Reserve Refund agreement for the Group Health Insurance Contract 5170.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award the bid for the purchase of the computer equipment for the Personnel Office to M.B.I. Computers, in the amount of $12,200.00.
PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a Resolu-
tion by the Board to incorporate unanticipated JTPA grant funds, in the amount of $21,957.00, into the FY90 budget.
CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the agreement between Lake County and The Land Planning Group, Inc., and Farner, Barley & Associates, Inc., for consulting services for the Lake County industrial park comprehensive development plan.
ACCOUNTS ALLOWED/PLANNING & DEVELOPMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the revised request for additional expenses incurred for the road impact fee study, in the amount of $4,152.56, and not to exceed $2,865.00 for future expenses based on hourly rates plus expenses.
COUNTY ATTORNEY MATTERS
Ms. Annette Star Lustgarten, County Attorney, discussed the request to adopt a Resolution establishing the procedure for the election of the Chairman and Vice Chairman of the Board of county Commissioners.
Discussion occurred among the Board regarding the election of the Chairman and Vice Chairman in December, or January, and being inducted into office immediately upon the conclusion of the meeting.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution, as amended, to read "...at the first meeting in December...", in Section 1, and "at the first regularly scheduled meeting in December...", in Section 2.
COUNTY ATTORNEY/CONTRACTS, LEASES & AGREEMENTS/INSURANCE
Ms. Annette Star Lustgarten, County Attorney, stated that, now that the County is self-insured, she would like to recommend that the Board hire Thomas A. Moore, P.A., to handle workers compensation cases, which has been recommended by the County's self-
insurance administrator. Ms. Lustgarten stated that she will be bringing to the Board other legal firms for the Board to consider for different services. She further stated that she will submit the resume of Mr. Moore, whose hourly rate is $75.00, to the Board for review.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to authorize the employment of Thomas A. Moore, P.A. to perform the workers compensation defense for the County.
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, discussed the litigation between Lake County and Mahaney, which involved a right-of-way, and with the County being unsuccessful in winning the lawsuit. The case was appealed, with the County also losing the appeal. She stated that the attorneys for the defendants have been granted a judgment for attorney's fees, in the amount of $9,201.20. Ms. Lustgarten requested that the Board authorize her to appeal the Circuit Court decision for the attorney's fees. She stated that there will be a cost associated with the appeal, and should the County be unsuccessful, the County will be responsible for the defendant's attorney's fees.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendation presented by the County Attorney, to appeal the Fifth District ruling on attorney's fees, relating the Lake County vs. Mahaney litigation.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the ratification of the Board on financial items, which needed to be paid prior to the Board meeting.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Richard Swartz to the Transportation for Disadvantaged Coordinating Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a Resolution, in support of non-toll calling for the City of Clermont to certain Orange, Seminole, and Osceola Counties, in the 394 Prefix.
PLANNING & DEVELOPMENT/ORDINANCES
Ms. Annette Star Lustgarten, County Attorney, discussed the proposed design-build ordinance. At this time, she presented the following brief summary:
Section 1 provides for definitions.
Section 2 provides for duties of the design criteria professional in preparation of a design criteria package, and provides for consultation by the design criteria professional with Lake County staff during the planning and construction of a project.
Section 3 provides for preparation of the design criteria package.
Section 4 provides public announcement procedures for a design-build project, and provides for criteria which may be used in evaluation of design-build services proposed pursuant to the public announcement.
Section 5 provides for a certification and selection committee, and the committee's duties in evaluation of design-build firms seeking to be considered for design-build contracts.
Section 6 provides procedures for competitive bidding for design-build services.
Section 7 provides procedures for emergency negotiation for design-build services when the bidding provisions of Section 6 are not utilized because of an emergency situation. The County Manager may determine that an emergency exists, and direct that emergency negotiation be conducted for projects of $10,000.00 or less.
Section 8 provides for liberal construction of the Ordinance.
Section 9 provides for inclusion of the Ordinance in the Lake County Code.
Section 10 provides for severability.
Section 11 provides for an effective date.
Ms. Lustgarten stated that the goal is to create a more efficient manner of selecting professionals to perform functions for the county, or any other governmental municipality.
Commr. Gregg discussed the term "Design-Build Firm" on Page 2, and suggested changing the language. Ms. Lustgarten stated that the intent is to permit professionals to come together on particular projects.
Commr. Gregg discussed the "Design Criteria Professional" on Page 4, with Ms. Lustgarten stating that the Florida Statute is very specific on this issue.
Commr. Gregg discussed the Selection Committee on Page 7, and suggested adding a member of the Board, as appointed by the Chairman.
Mr. Mike Anderson, Director of Capital Improvements, was present to discuss the proposed ordinance.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to advertise the proposed Design-Build Ordinance, with the proposed changes suggested by the Board.
Ms. Susan Pepus, Executive Director of the Association for Retarded Citizens (ARC), appeared before the Board and presented a synopsis of the ARC program in Lake County. She then presented a slides showing the different programs provided by ARC.
It was noted that the Lake County Association for Retarded Citizens (Sunrise Workshop) has been requested to move from its present location at 9642 U.S. Highway 441, Leesburg. The new ARC complex and multi-purpose building is estimated to cost approximately $450,000.00. The State Legislature has made a special appropriation to this agency, in the amount of $150,000.00. In the contract with the State for these capital dollars, it stipulates that the funds must be expended by December, 1990. The City of Leesburg has committed $50,000.00 toward this project, and ARC has received approximately $50,000.00 from private donations. At this
time, Ms. Pepus requested that the County approve a grant of $100,000.00 toward the cost of the building. She also requested the waiving of all permitting fees.
Ms. Annette Star Lustgarten, County Attorney, directed the Board's attention to the memorandum from Mr. Gerry L. Clark, Assistant County Attorney, concerning the legality of the Board contributing $100,000.00 to ARC of Lake County.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to waive the County permit fees for the construction of the new ARC building complex.
Discussion occurred regarding the County contributing $100,000.00 to ARC, with the Board indicating that this issue could be addressed at the budget workshop.
Commr. Swartz suggested that the Board authorize the staff to find out if there are any in-kind types of contributions that can be made to ARC, and to come back with an estimate for staff time, and the impact on other county programs.
RECESS & REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for five minutes, and reconvene for the budget workshop.
Mr. Al Thelen, County Manager, presented highlights and an overview of the budget. The following information was provided: The proposed 1990-91 budget for the new General Fund, which is a combination of the old Fine and Forfeitures Fund and General Fund, calls for an expenditure of $39,526,949.00 as compared to an adopted 1989-90 budget of $33,916,882.00. This represents an increase of $5,610,067.00 and 16.5%. It requires a mill levy of 5.660 compared to last year's levy of 4.938; a 14.6% increase in the levy. At this time, Mr. Thelen reviewed the major reasons for the increase in the budget.
Mr. Thelen discussed the items cut from the budget, which included 49 positions. He stated that he has been requested to look at a no tax increase, and a 1.2 mill increase, which he did
not recommend either alternate. At this time, he reviewed each alternate, as contained in the Tentative Budget 1991 package. Mr. Thelen stated that the elimination of salary adjustment would be drastic and would be a poor signal to the employees, and therefore, did not recommend this.
Mr. Thelen went on to discuss the revenue for solid waste and the personnel budget, which allowed for salary, wage and fringe benefit adjustments of 8%. He then discussed Fire Service, E 9-1-1 Increase from General Fund, Expended Hazardous Material Function, Recreation Division, County Attorney, Service Fee Study, and Corrections, as presented in the Tentative Budget package.
Mr. Thelen continued by reviewing the following, which was also in detail within the Tentative Budget package: Items Left Out of the Budget, MSTU for Fire District, User Fees, Franchise Fees, Library Service, Corrections, management Information System, Utility System, Tipping Fees, Impact Fees, with Mr. Thelen stating that each department is scheduled to appear before the Board to discuss their department functions and services.
Ms. Eleanor Anderson, Executive Director, Management and Budget, appeared before the Board to discuss the revenue side of the budget, and an analysis of the past three years of revenue. Ms. Anderson then presented the Board with adjustments for the millage recap for the hospital districts. She also presented a history of excess fees.
Ms. Anderson stated that she had briefly spoken to the County Attorney and Mr. Thelen about the Pari-mutual Distribution betting (race track) funds, in the amount of $446,500.00. She stated that she was of the understanding that $376,000.00 can be placed into the General Fund. She stated that one-third of the funds ($148,833.00) goes to education, paid directly from the State, the balance on an annual basis of $297,667.00 comes to the County, with $148,000.00 being paid for Certificates of Indebtedness for bonds that were issued for roads. At this time, she reviewed the Florida Statute information pertaining to this issue.
Mr. Jim Schuster, Finance Director, stated that this issue will be reviewed and presented for verification at a later date.
RECESS & REASSEMBLY
At 12:00 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 1:00 p.m. for the budget workshop.
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the proposed budget for his department. At this time, he reviewed his organizational chart, personnel and new positions being requested, and equipment and vehicles being requested. Mr. Stivender went on to discuss the current projects, including impact fee projects, special assessment programs, and parks and facilities.
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the proposed budget for his departments. At this time, he reviewed his authorized personnel, and discussed the additional of personnel being requested. He stated that the proposed budget reflects a 50% increase over last years, and discussed the reasons for the increase, which were related to the monitoring requirements for the landfills and waste energy facility.
Commr. Swartz discussed the use of the Agricultural Center, and a possible fee structure for the use by individuals and/or groups. He requested that staff review and bring back a recommendation for a fee structure for groups, especially groups that are not associated at all with agriculture extension, to rent the building. He also requested that the staff analyze the custodial services needed for the agricultural building, and the possibility of consolidating the maintenance necessary for the agricultural building and grounds, with the services of the Public Works Department.
Ms. Debra Boulware, Extension Agent at the Agricultural Center, appeared before the Board to discuss statistics involving meetings at the agricultural building, and the types of groups that conduct such meetings.
Mr. Findell discussed the Mosquito and Aquatic Plant, and the Pollution Control proposed budgets. He discussed responsibilities of the divisions, and the need for a certain level of personnel to provide accurate service.
Discussion occurred regarding the necessary increase in the County's fee structure, in order to collect the necessary funds for the office operation.
Commr. Swartz stated that the fee structure being proposed is collecting less than one-third of the necessary funds for the office operation. He stated that he would like to see the fees increased 30%, and suggested that staff review the fee structure once again.
Mr. Thelen stated that he felt the Board could justify a 30% increase in the fee structure, but the County needs the study, which will tell the County the costs and the efficiency being provided.
Commr. Swartz stated for the record that he supports at least a 30% increase in the fee structure.
Commr. Bakich stated for the record that he does not oppose the 30% increase, but does have a problem with an increase any higher, and suggested that it be done at mid-term. He further stated that he is more interested in efficiency and effectiveness than adding personnel.
Commr. Swartz requested that staff incorporate the discussed increase into the fee structure, and place it into the revenue, and bring back to the Board for review.
RECESS & REASSEMBLY
At 3:10 p.m., the Chairman announced that the Board would recess for five minutes.
Mr. Gary Borders, Captain, appeared before the Board to discuss the proposed budget for the Corrections Department. Captain Borders stated that the largest increase will be in Personal Services, with a request being made for 20 new positions, 10 for a full year, and 10 at half-year. The full positions are needed for the transition into Prelude. He went on to discuss the other increases for the department, and the training and medical costs in the budget.
Planning & Development
Mr. John Swanson, Director of Planning & Development, appeared before the Board and presented graphs which reflected the number of zoning permits, building permits, and code enforcement complaints for this year.
Mr. Swanson presented a brief overview of the office activities and discussed the long range planning work program proposed for 1990/1991. Mr. Swanson's handout of information included the area wide development of regional impact (DRI) cost estimate, building and zoning statistics, Section 8 existing housing statistics, and graphs indicating Lake County's growth rate, population, and taxable value for the years 1980-2006.
Mr. Swanson discussed the Comprehensive Plan for Lake County, and other areas of his budget, and the affect the increase of fees would have on the budget for his department. He then discussed the resort/development tax and the Public Housing Division budget.
Mr. Thelen discussed the increase in fees, and stated that he would be comfortable with a 10% increase in the building fees, until the study was completed, and going to 30% on the development and zoning fees.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:55 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK