The Lake County Board of County Commissioners met in regular session on Tuesday, January 4, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: Frank T. Gaylord, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance and Audit Department; and Sandra Carter, Deputy Clerk.
Father David Randolph, Chaplain for the Lake County Jail, gave the Invocation and led the Pledge of Allegiance.
MINUTES
Regarding the Minutes of October 19, 1993 (Regular Meeting), the following changes were requested:
On Page 24, Line 32 change listed to listened.
On Page 24, Line 3, clarification was made regarding a request by Commr. Hanson that it be noted in the Minutes why Commr. Gerber had voted "No" on the motion in question.
On Page 41, Line 12, delete weaken and insert make more restrictive.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of October 19, 1993 (Regular Meeting), as corrected.
The Minutes of December 7, 1993 (Regular Meeting) and December 14, 1993 (Regular Meeting) were postponed until the Board Meeting of January 18, 1994, for action.
CLERK OF COURT'S CONSENT AGENDA
Mr. James C. Watkins, Clerk, referred to Item e. of the Clerk's Consent Agenda and stated that he wanted to bring to the Board's attention the fact that the Finance Office had received a Certificate of Achievement for Excellence in Financial Reporting, from the Government Finance Officers Association.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds, New, as follows:
New
1268-94 James P. Senatore d/b/a Senatore and Berg
(General Contractor - Class B)
4213-94 Dennis Cauthen d/b/a D M C Industries, Inc. (Electrical)
4376-94 Osceola Aluminum, Inc.
4601-94 Michael S. Calhoun (Electrical)
4753-94 L. Norman Adams Home Builders, Inc. (Residential)
4791-94 Thomas J. Martin d/b/a Martins Aluminum Service
4851-94 Bara Electric, Inc.
4907-94 Meadowbrook Plumbing
5137-95 Marshall L. Wheeler d/b/a Wheeler Electric, Inc.
5143-94 Barbara J. Ayen and Milo A. Ayen d/b/a Ayen Air Conditioning and Refrigeration
5263-94 Kathryn D. Murphy d/b/a Murphy Construction &
Sales Co., Inc.
5264-94 Marlin M. McDowell d/b/a Ennen Electric, Inc.
5265-94 James F. Matheny d/b/a Sierra Homes, Inc.
5266-94 Dwayne Schwarz d/b/a Power Electric
5267-94 Mike Hanna (General)
5268-95 Ace Builders & Remodelers, Inc. (General)
5269-94 All Weather Enterprises, Inc. (Waterproofing)
Accounts Allowed/Courts-Judges
Request for approval of a Satisfaction of Judgment for Scott E. Richardson, a Child, and Bill and Sandra Kay Richardson, in the amount of $150.00, Case No. 81-945-CJ, and authorized proper signatures on same.
Accounts Allowed/Courts-Judges
Request for approval of a Satisfaction of Judgment for Kevin Albert Bechard, a Juvenile, and Ronald Bechard and Elaine Bechard, Parents, in the amount of $50.00, Case No. 89-938-CJ, and authorized proper signatures on same.
Accounts Allowed
Request to acknowledge receipt of a list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Clerk/Finance
Request to acknowledge receipt of a Certificate of Achievement for Excellence in Financial Reporting, from the Government Finance Officers Association.
Accounts Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds due landowners, on applications for tax deeds, totaling $14,409.31.
Ordinances/Municipalities
Request to acknowledge receipt of Annexation Ordinance No.
93-23, from the City of Eustis, adopted by the Eustis City Commission, in regular session, on November 18, 1993, with an effective date of November 28, 1993.
Accounts Allowed/Reports
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending November 30, 1993, in the amount of $115,571.01. Same period last year: $85,123.03.
EMPLOYEE AWARDS
Commr. Hanson presented the following plaques and bonds:
Plaque to Employee with Five Years of Service to the County:
Joan M. Pell, Buyer, Office of Purchasing
Plaque to Employee with Ten Years of Service to the County:
Michael F. Powers, Resource Conservation Technician II, Agricultural Cooperative Extension Service/Lake Soil and Water
Plaque to Employee with Twenty-Five Years of Service to the County:
Patricia T. Abel, Purchasing Contracts Specialist, Office of Purchasing
Plaque and Bond to the January Employee of the Month:
Susan J. Nies, Senior Probation Clerk, Probation Services Division, Department of Community Services
Plaque and Bond to the 1993 Employee of the Year:
Thomas Elmore, Maintenance Specialist II, Building Maintenance Services/Facilities Management Section/Office of Facilities & Capital Improvements
COMMUNITY SERVICES/ORDINANCES/PUBLIC HEALTH
Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development, explained this request.
Commr. Swartz questioned whether the County had any criteria by which to provide a point system, whereby the residents of Lake County might receive points toward affordable housing.
Mr. Knight stated that the County can require an individual to be a resident of the County, once they receive assistance, but the County cannot require an individual to be a resident of the County, before giving them assistance.
Discussion occurred regarding the matter.
Commr. Swartz requested Mr. Knight to discuss the matter with the Department of Community Affairs (DCA) and determine whether or not the County can have criteria that would relate not only to this issue, but to other issues in the awarding of the affordable housing grants.
Mr. Knight interjected that he would have to discuss the matter with the County Attorney, before discussing it with DCA.
Commr. Hanson interjected that the Affordable Housing Task Force Committee had approved this request under duress, because they felt that the County should be able to give preference to people who presently reside in Lake County. She concurred with Commr. Swartz that Mr. Knight should discuss the matter with DCA and see if the County can do as Commr. Swartz suggested.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Ordinance No. 1994-1, amending Ordinance No. 1993-7, Establishing the Lake County Affordable Housing Assistance Program, as requested by Planning and Development, as follows, and directed staff to look at the issue of creating criteria by which to evaluate applicants:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 1993-7, ESTABLISHING THE LAKE COUNTY AFFORDABLE HOUSING ASSISTANCE PROGRAM; PROVIDING FOR AN AMENDMENT TO SECTION 3, USES AND RESTRICTIONS, UPON FUNDS FOR THE LAKE COUNTY HOUSING ASSISTANCE PROGRAM, TO CHANGE THE SUBSIDY RECAPTURE REQUIREMENT AND TO ELIMINATE THE TIME REQUIREMENT RELATED
TO LAKE COUNTY RESIDENCY FOR PROGRAM ASSISTANCE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, requested that Tab 24, a request for approval for the Chairman to execute the Second Amendment to the Agreement between Lake County and Brown & Caldwell, for consultant services, for the waste-to-energy facility operations and environmental monitoring, be pulled and brought back before the Board on January 18, 1994, for discussion.
Commr. Swartz requested that Tab 3, regarding Lake County Policy No. LCC-17, which pertains to the issue of cellular/mobile telephones, be pulled and discussed separately.
Commr. Gerber requested that Tab 13, a request for approval of a Developer's Agreement for Park Place, on Lake Joanna, to allow a boat dock to be permitted within a phase that has not yet been platted, be pulled and discussed separately.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Accounts Allowed/Budgets/Landfills/Office of Budget
Resolutions/State Agencies
Request from the Office of Budget for approval of a Resolution requesting that the Landfill Enterprise Fund for FY 1993-94 be amended, in the amount of $24,082.00, in order to receive unanticipated revenue from the Florida Department of Community Affairs, for the purpose of preparing an update of the Hazardous Materials Emergency Plan for Lake County.
Appointments-Resignations/Community Services/Public Health
Request from Community Services for approval and signature on the "Recommendation for Reappointment" of Dr. William H. Shutze as District 5 Medical Examiner.
Accounts Allowed/Community Services/Public Health
Request from Community Services for approval of the first quarter payment to Lifestream Behavioral Center, for FY 1993-94. Total expenditure - $42,500.00, pursuant to Florida Statutes 394.76.
Committees/Community Services/Reports
Request from Community Services for approval of the Lake County Citizens' Commission for Children Coordinator's Annual Report.
Animal Control/Committees/Fire and Emergency Services
Ordinances/Resolutions
Request from Fire and Emergency Services for approval of a 90 day extension of the term of operation for the Animal Control Ordinance Study Committee, by Resolution.
County Employees/Human Resources
Request from Human Resources for approval to authorize the Chairman to sign certificates for employees with one year of service to the County.
County Employees/Human Resources
Request from Human Resources for approval to authorize the Chairman to sign certificates for employees with three years of service to the County.
Planning and Development/Resolutions
Request from Planning and Development for approval to authorize the Chairman to sign the Resolution amending Resolution No. 1990-78, relating to the operation of the Lake County Transportation Disadvantaged Coordinating Board.
Contracts, Leases & Agreements/Planning and Development
State Agencies/Water Authority
Request from Planning and Development for approval and execution of the Interlocal Agreement between the Lake County Board of County Commissioners, the St. Johns River Water Management District, and the Lake County Water Authority, and authorized proper signatures on same.
Accounts Allowed/Planning and Development/Subdivisions
Request from Planning and Development for final plat approval of Summit Landings, Phase II, and acceptance of an Irrevocable Letter of Credit, in the amount of $48,500.00, for performance of improvements, subject to review and approval by the County Attorney's Office. (21 lots in Commission District 3).
Accounts Allowed/Planning and Development/Subdivisions
Roads-County & State
Request from Planning and Development for authorization to release an Irrevocable Letter of Credit, in the amount of $250,846.75, for performance, for Park Place, on Lake Joanna; acceptance of an Irrevocable Letter of Credit, in the amount of $22,820.25, for maintenance; and acceptance of the following roads into the County maintenance system: Park Place Boulevard Extension, Park View Avenue, and Windley Circle.
Accounts Allowed/Planning and Development/Roads-County & State
Subdivisions
Request from Planning and Development for acceptance of an Irrevocable Letter of Credit, in the amount of $9,400.00, for maintenance, in The Groves of Lake Emma, a/k/a Villa City, Blocks 66, 67, 68 and 69, and acceptance of the following roads into the County maintenance system: Mulberry Street, Market Street, Church Street, and Morrison Street.
Accounts Allowed/Planning and Development/Subdivisions
Request from Planning and Development for authorization to release an Irrevocable Letter of Credit, in the amount of $11,250.00, for Silver Lake Forest, Phase II.
Accounts Allowed/Planning and Development/Subdivisions
Request from Planning and Development for authorization to release an Irrevocable Letter of Credit, in the amount of $5,315.25, for maintenance, in Shangri La Estates.
Accounts Allowed/Bonds/Planning and Development
Subdivisions
Request from Planning and Development for authorization to release a Maintenance Bond, in the amount of $41,270.00, for Greater Hills, Phase 3.
Accounts Allowed/Bonds/Planning and Development
Subdivisions
Request from Planning and Development for authorization to release a Maintenance Bond, in the amount of $79,104.92, for Greater Groves, Phase I.
Deeds/Public Services/Resolutions/State Agencies
Roads-County & State
Request from Public Services for approval to adopt a Resolution and execute a County Deed to the State of Florida, Department of Transportation, for a portion of SR 44, Section 11010-2553, Leesburg area (Parcel No. 140.1).
Deeds/Public Services/Resolutions/State Agencies
Roads-County & State
Request from Public Services for approval to adopt a Resolution and execute a County Deed to the State of Florida, Department of Transportation, for a portion of SR 44, Section 11010-2553, Leesburg area (Parcel No. 141.1).
Deeds/Public Services/Resolutions/State Agencies
Roads-County & State
Request from Public Services for approval to adopt a Resolution and execute a County Deed to the State of Florida, Department of Transportation, for a portion of SR 44, Section 11002-2502, Leesburg area (Parcel No. 106.1).
Contracts, Leases & Agreements/County Property/State Agencies
Public Services
Request from Public Services for approval for the Chairman to execute a Lease Agreement between Lake County and the State of Florida, Department of Highway Safety and Motor Vehicles, for the Tavares Drivers License Office, releasing a portion of the leased property from the terms of the lease.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Outdoor Recreation/Public Services
Request from Public Services for approval to authorize the Chairman to execute an Interlocal Agreement between Lake County and The City of Groveland, a recipient of the Parks and Recreation Capital Improvement Program's $5,000.00 funding that was approved by the Board on October 5, 1993, relating to the contribution of infrastructure sales tax funds for recreational programs.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Outdoor Recreation/Public Services
Request from Public Services for approval to authorize the Chairman to execute an agreement between Lake County and The Astor Lions Club, Inc., a recipient of the Parks and Recreation Capital Improvement Program's $10,000.00 funding that was approved by the Board on October 5, 1993, relating to the contribution of infrastructure sales tax funds for recreational programs.
Contracts, Leases & Agreements/Public Services
Rights-of-Way, Roads & Easements/Roads-County & State
Request from Public Services for approval to authorize the Chairman to execute an agreement between Lake County and He Ha Investments, for conveyance of right-of-way property on CR 448, at Lake Jem.
Maintenance/Public Services
Request from Public Services for approval of Bill of Sale for used Caterpillar 120G Motor Grader, S/N 87V08807, which has been sold back to Ringhaver Equipment Company. Fiscal impact: $65,000.00.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Municipalities/Road Projects/Public Services
Request from Public Services for approval to award and authorize Project No. 1-94, Bid No. B-5-3-82, Countywide Resurfacing Program, to American Asphalt, in the amount of $1,014,630.50; to encumber and expend funds from the County Transportation Trust Fund, in the amount of $642,786.95; and for approval of signatures on Interlocal Agreements with the Cities of Eustis, Mt. Dora, and Leesburg, for payment for their roads, included in the bid. Commissioner Districts 1, 3, and 4.
Accounts Allowed/Bids/Contracts, Leases & Agreements
Municipalities/Road Projects/Public Services
Request from Public Services for approval to award and authorize Project No. 3-94, Bid No. B-5-3-83, Bloxam Avenue Extension, to Trac Roadbuilders, Inc., in the amount of $431,015.10; to encumber and expend funds from the Road Impact Fee Fund, Benefit District 5, in the amount of $320,058.10; and for approval of signatures on Interlocal Agreement with the City of Clermont, for payment of sewer, water, and irrigation improvements, in the amount of $110,957.00, which are included in the total bid. Commissioner District 2.
Public Services/Roads-County & State/Signs
Request from Public Services for authorization to remove the stop sign on northbound Prestwick Avenue (4-4090), at Whitemarsh Street (4-4190A), and to remove the stop sign on westbound Whitemarsh Street, at the same intersection. The stop sign on southwestbound Prestwick Avenue is to remain.
Public Services/Roads-County & State/Signs
Request from Public Services for authorization to remove the stop sign on eastbound Prestwick Avenue (4-4090), at Baird Avenue (4-4090A), and to remove the stop sign on westbound Baird Avenue. The stop sign on southwestbound Prestwick Avenue is to remain.
Public Services/Roads-County & State/Signs
Request from Public Services for authorization to post "No Fishing from Bridge" signs on Bridge No. 114054, on CR 565 (Mascotte area), and Bridge No. 114045, on CR 561A (Clermont area).
Maintenance/Public Services
Request from Public Services for approval for the Lake County Parks Maintenance to maintain the Smyth Mill Cemetery.
Public Services/Roads-County & State
Request from Public Services for approval of the Maintenance Map on Hick's Ditch Road (4-6065) and Getford Road (4-5970).
Deeds/Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for acceptance of the following Non-Exclusive Easement Deed:
Emory Durrance
E. Apshawa Road (2-2038)
Deeds/Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for acceptance of the following Non-Exclusive Easement Deeds:
Victor M. Husty, Todd M. Husty, Steven A. Crews and
William H. Weaver, Jr.
Cross Access Easement off US 441/SR 500,
Section 22, Township 19S, Range 26E
Deeds/Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for acceptance of the following Non-Exclusive Easement Deed:
Paul J. and Elizabeth E. Wilder
East Lake Jem Road (3-3268)
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deed:
Arthur A. and Ruth L. Cyr
East Ninth Avenue (5-7880A)
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deeds:
Lorraine Rumsey
Lake Jem Road (3-3267)
Dale E. Bartch, Trustee
Youth Camp Road (2-2403)
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deed:
Robert E. Jones, Trustee
French Road (5-7612)
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deed:
Keith D. and Janis K. Stephenson
Bay Road (3-4260) and Old 441
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deed:
Ronnie and Barbara G. Phillips
Donovan Lane (5-6649)
Deeds/Public Services
Request from Public Services for acceptance of the following Statutory Warranty Deed:
Arthur Sullivan
US 441/SR 500 Frontage Road
Public Services/Rights-of-Way, Roads & Easements/Road Closings
Request from Public Services for acceptance of the following Drainage Easements:
Daniel W. and Helen M. Sullivan
Vacation Petition No. 720
John Nolke
Vacation Petition No. 722
Andre' J. and Mary V. Berton
Vacation Petition No. 722
Public Services/Reports/Solid Waste
Request from Public Services for approval to receive and file the Ogden Martin Plant Performance and Environmental Testing Reports for the 1992-93 Operating Year.
Purchasing
Request from Purchasing for approval to advertise for bids, proposals, and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds. Fiscal impact - $395,495.62.
A) Authorization to Seek Bids, Proposals, and Professional Services.
DIVISION AMOUNT
1) PUBLIC SERVICES $ 66,500.00
Authorization to seek Bids and award to the low, most responsive bidder, for a Novel Network computer system, and installation for each of the following Divisions: Special Services, Road Operations, and Mosquito and Aquatic Plant Management.
2) PUBLIC SERVICES $174,000.00
Authorization to seek Bids and award to the low, most responsive bidder, for four (4) each open top walking floor transfer trailers, for Solid Waste Division.
C) Award Bids and Proposals, and Issue Purchase Orders and/or Contracts.
DIVISION AMOUNT
1) PUBLIC SERVICES $35,400.00
(Plus an additional $ 1,400.00
If existing concrete slab is less than 6")
Atlantic Auto Suppliers, Inc./Authorization to award and
issue a Purchase Order for Bid #B-2-4-29, one (1) each Heavy Duty (26,000 lbs) Vehicle Lift and one (1) each Single Phase Medium Duty (12,000 lbs) Vehicle Lift, with installation. Twenty-eight vendors received the Bid package and only one bid was received. Atlantic Auto Suppliers, Inc., is the only Florida authorized distributor for Mohawk Lifts. Mohawk Lifts, or equal, were specified. Public Services requested a twin post, above ground main body frame lift, with a five year warranty. The price is considered fair and reasonable.
2) COMMUNITY SERVICES $ 12,199.00
Don Reid Ford/Authorization to award and issue a Purchase Order for Bid #B-2-4-35, Fleet Vehicles, specification #4 one (1) each Mid Size Sedan. It is requested that the Board reject the low bid of Prestige Ford, at $10,735.00, and award to the second low responsive bidder, Don Reid Ford. Prestige Ford bid a Ford Tempo, which has a four cylinder engine and an 99" wheel base, which does not meet the bid specifications of a six cylinder engine and a minimum 107.5 wheel base.
Don Reid Ford bid a Ford Taurus, which met the bid specifications. The remaining line items of the vehicle bid was awarded to the low most responsive bidder, no Board action was needed. Purchase Orders were issued within the Board approved budget for capital expenditures. Estimated total savings between high and low bid is approximately $44,000.00 for the vehicle bid. The Board approved authorization to bid and award to the low most responsive bidder, on September 7, 1993.
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
DIVISION AMOUNT
1) PUBLIC SERVICES $ 28,000.00
Highland Tractor of Ocala/Authorization to issue a Purchase Order for two (2) each four way buckets and Holland hitches for two existing John Deere loaders. This is a proprietary purchase, because Highland Tractor of Ocala is the only authorized John Deere heavy equipment dealer in north Lake County. This is an OEM part. Pricing is per State Contract #760-480-200 (69A).
2) FIRE AND EMERGENCY SERVICES $ 49,990.00
Physio Control/Authorization to issue a Purchase Order for six (6) each Lifepak 300 automatic Advisory Defibrillator, one (1) each EBB/Voice Translator, six (6) each Patient Simulators, and one (1) each Apple Macintosh Computer and Printer. Florida Regional has requested this be a sole source purchase to Physio Control, due to their standardizing on Physio Control Lifepaks (see attachment A).
3) OFFICE OF TOURISM $ 13,294.00
Husebo Advertising and Public Relations/Authorization to issue a Purchase Order for four (4) insertions in the 1994 Southern Living Travel Guides. This is a proprietary purchase, due to the request from the Office of Tourism to have Husebo Advertising place the advertisement, in order to receive the agency discount from Southern Living.
4) PUBLIC SERVICES $ 6,640.12
Florida Transcor, Inc./Authorization to issue a Purchase Order for one (1) each BPM 500 Thermoplastic Melter. This is a proprietary purchase, because this equipment must operate from the existing premelter's hydraulic power pack, which the County purchased from Florida Transcor, Inc., in FY 92/93, under Bid #B-4-3-56, Thermoplastic Premelter.
5) LIBRARY SERVICES $ 8,072.50
The Library Corporation/Authorization to issue a Purchase Order for the prepayment of five (5) one year subscriptions for monthly CD listing of LC Marc English Bibliophile.
Appointments-Resignations/Office of Tourism/Resolutions
Request from the Office of Tourism for approval of a Resolution appointing Mr. Kenneth H. Jones to the Tourist Development Council, under the category of Industry that Collects the Resort Tax, to replace Mr. William Wing.
COUNTY POLICY/COUNTY MANAGER
Commr. Swartz informed the Board that some months ago he had requested the County Manager to review the County's policy regarding cellular/mobile phones. He stated that, at the time, there were no written policies, therefore, he wanted to know what the practice was regarding same. He stated that he was concerned about the proliferation of cellular/mobile phones and costs associated with both the purchase and the operation of same. He stated that he was also concerned with what he believed to be inappropriate use of said phones.
Commr. Swartz stated that the County Manager submitted two policies that deal with cellular/mobile phones, for the Board's review, however, he felt that neither policy addressed the issues that were of concern to him. He stated that cellular/mobile phones can become very expensive to use and that it is very easy to abuse them. He stated that he felt the use of cellular/mobile phones should be limited to only County emergency personnel that are routinely involved in emergency activities.
Commr. Swartz stated that he did not feel the responsibility of authorizing the purchase of cellular/mobile phones, or the designation of those individuals who will be using said phones, to the County Manager, noting that he felt it should be a Board decision and one that they need to look at very carefully. He stated that the reason the purchase of cellular/mobile phones is not coming before the Board, for approval, is due to the fact that they are under $500.00.
Commr. Swartz suggested that the two policies before the Board this date be strengthened to indicate that (1) cellular/mobile phones will only be provided to those employees who have routine emergency calls and (2) only in those cases where it is clear that said phone is absolutely necessary. He stated that he would like to see a list of all the cellular/mobile phones in the system, when they were purchased, and who currently has the assignment of those phones.
Commr. Gerber requested that the Board see the monitoring process, before the County Manager approves it, and a yearly accounting of the phones, by department.
Upon being questioned as to how many cellular/mobile phones are presently in the system, the County Manager informed the Board that he has one and listed several other departments that have been issued said phones, however, did not know exactly how many were in the system. He noted that some employees have purchased their own phones and are paying their own bills.
Commr. Swartz stated that he did not want to see county employees purchase cellular/mobile phones and then charge the County for calls placed on them. He stated that the policy needs to address that issue, as well. He stated that, when the question of how many cellular/mobile phones were in the system could not be answered, it indicated to him that the County does not have a handle on the situation.
Commr. Bailey suggested that, when the County Manager brings the policy regarding cellular/mobile phones back before the Board, at a later date, that he also bring back a list of people he would recommend having a cellular/mobile phone and the Board will decide whether or not they agree with said recommendations.
No action was taken at this time.
CONTRACTS, LEASES & AGREEMENTS/PLANNING AND DEVELOPMENT
SUBDIVISIONS
Regarding the issue of Tab 13, a request for approval of a Developer's Agreement for Park Place, on Lake Joanna, to allow a boat dock to be permitted within a phase that has not yet been platted, Commr. Gerber referred to the top of the third page of the Developer's Agreement, where it states "The County hereby agrees to issue necessary permits for the recreational area, including permits for the construction of the dock and accessory structures." and questioned whether staff knew what the accessory structures were going to be.
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator and Director of Development Regulations, appeared before the Board stating that the County was dealing strictly with the dock, at the present time, and that the issue of accessory structures would probably end up being stricken from the agreement. He stated that the only thing the County is permitting at this time is the recreational boat dock and any covered area that they might need, such as a pavilion.
Further discussion occurred, at which time Mr. Stubbs noted that this request was for a regular permit, it is just that the way the LDRs are written, one typically has to have a home located at the site. He stated that homes are in the area and were on the preliminary plat, they just were not on the final plat.
Ms. Leslie Campione, Attorney, representing the developer in question, appeared before the Board stating that all the developer is interested in doing is constructing a gazebo of some sort, that will be a part of the dock. She stated that they will still have to go through the appropriate State and local agencies. She noted that they have already gone through 75% of the permitting process with those agencies.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Planning and Development for approval of a Developer's Agreement for Park Place, on Lake Joanna, to allow a boat dock to be permitted within a phase that has not yet been platted, subject to review and approval by the County Attorney's Office.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
REPORTS
LAWS & LEGISLATION/ORDINANCES/STATE AGENCIES
Commr. Swartz informed the Board that he had been approached by a number of individuals and had received a number of telephone calls from organizations, both civic and fraternal, that were concerned about the possible proliferation of "commercial" Bingo operations that were being run seven days per week. He stated that he requested the County Attorney's staff to get a copy of the Pasco County ordinance, which was developed after a similar situation occurred in that county, and review it, so that it could be brought before the Board for discussion.
Commr. Swartz stated that he had put this issue on the agenda to bring to the Board's attention input that he was receiving and concerns that were being raised and for them to discuss the matter and make a determination as to whether or not they wanted to pursue it, in any fashion.
Commr. Swartz stated that he did not want the discussion this date to be an overall evaluation of the State Bingo laws. He stated that the only part of the issue that he wanted to deal with was that part of the State law that seems to limit charitable organizations to two days per week, for Bingo operations, yet, through that same process, a "commercial" operation can conceivably operate seven days per week, and what kind of impact that is having on the community.
Commr. Swartz stated that he did not want to see Lake County get into the licensing and registering of Bingo operations. He stated that he felt very comfortable leaving that matter to State control.
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board stating that the State Bingo law states that a charitable organization, a non-profit, or Veterans' organization, may hold Bingo games no more than twice per week. He noted, however, that the Florida Statutes does allow a charitable organization to lease premises for the operation of Bingo, which means that they can go anywhere that has proper zoning for Bingo, and rent a Bingo hall.
Mr. Hoban stated that he had spoken with Pasco County, Hernando County, and the State Attorney's Office about the Bingo issue, to see how they are handling the matter. He stated that, in Pasco County it is perfectly legal for a Bingo hall to have four charities sign up to use the hall and run Bingo seven nights per week, because, theoretically, it is not a "commercial" Bingo operation, under the law. It is four charities, each renting the hall once, or twice, a week.
Mr. Hoban stated that the effect it is having on some of the other charitable organizations that use their own halls, is that they are being driven out of business. He stated that the key point of the Pasco County ordinance is a requirement that one has to have a permit to be a landlord for a Bingo operation, they can only run that operation twice per week, and none of the landlord's employees or helpers can assist in the running of the Bingo operation.
Mr. Hoban stated that Hernando County passed a similar ordinance and the key requirement of their ordinance is that an organization can only hold Bingo twice per week, per building. He stated that what happened in Hernando County is that a number of the Bingo operations moved to Citrus County. He noted, however, that it was his understanding that Citrus County is now considering an ordinance regulating Bingo.
Mr. Hoban stated that Commr. Swartz had also asked him to look into the issue of someone signing a lease to rent a building for Bingo and running Bingo seven nights per week and whether or not Lake County could legally pass an ordinance restricting said operation to twice per week. He stated that Pasco and Hernando counties both maintain that Lake County could legally do it, however, he could not personally answer that question this date.
Commr. Hanson submitted, for the record, a petition containing 448 names that the Board Office had received, in support of Triangle Bingo.
It was noted that Lake County has no regulations to govern Bingo, other than zoning and the Florida Statutes.
Mr. Ray Rouse, Commander of American Legion Post 35, in Mt. Dora, appeared before the Board stating that he was representing approximately 8,000 legionnaires in Lake County and discussed what the County's charitable organizations do for their communities. He stated that Post 35 holds Bingo games twice a week and, in 1990, they donated in excess of $80,000.00 to various charitable organizations. He stated that, in 1991, they donated over $65,000.00 and, in 1992, over $55,000.00. He stated that, with the proliferation of commercial type Bingo operations that have come into this area, their charitable works will be severely curtailed. He requested the Board's support in helping them to continue to do their good work.
Mr. Bill Hickman, Senior Vice Commander of Disabled American Veterans of Florida, appeared before the Board stating that he felt the thing that was paramount was the word "accountability". He stated that Bingo is one of the only businesses that he is aware of where one can amass fortunes and not have to account to anyone or anything, even the Florida Statutes. He stated that a charity does not have to show its books, or account for any funds that have been derived from Bingo, and that Bingo is one of the most ideal places there is for laundering money.
Ms. Betty Mihalek, a local resident, appeared before the Board stating that she regularly plays Bingo at Triangle Bingo, due to the fact that she has played at all the local Bingo halls and she likes Triangle Bingo the best.
Mr. Lou Cotterill, a local resident, appeared before the Board stating that he manages the Bingo operations at the Shrine Club of Lake County. He stated that the Shrine Club offers services to any child in need, no matter what race, color, creed, or religion, totally free, through their Bingo games, and that he felt the commercial Bingo halls were taking approximately $1 million away from the charitable organizations.
Mr. Charles Bunnell, a local resident, appeared before the Board stating that he was the Bingo Chairman for the Veterans of Foreign Wars, Post 4705, in Leesburg, and that his post feels Triangle Bingo is taking money away from the charities, by paying such small amounts to the sponsoring organizations who are conducting Bingo with them. He stated he was informed that the sponsoring organizations are getting from $50 to $100 per session. He stated that his post gives approximately $35,000.00 per year to charity, plus approximately $6-7,000.00 per year to furnish scholarships for deserving students. He stated that it is unlawful for any person who is not a member of the sponsoring organization to assist in the operation of a Bingo game. He then read a letter he had received from the Florida Department of Legal Affairs, pertaining to said issue, into the record.
Mr. David Fuss, representing Triangle Bingo, appeared before the Board and referred to the petition that was submitted earlier, for the record, in support of Triangle Bingo, at which time he read into the record what said petition stated. He stated that the people who play at Triangle Bingo are tired of hearing about Triangle Bingo and are tired of seeing it in the newspaper. He stated that it is not a dirty word, it is a pleasant place to go, and invited the Board members to attend Triangle Bingo and see for themselves how it is operated.
Mr. Troy Horne, representing Triangle Bingo, appeared before the Board stating that he is a worker at Triangle Bingo and that there is nothing wrong with what they do, that their operation is run according to State law. He stated that the workers get paid to clean up, however, the majority of their money comes from tips, which he noted all the workers split.
Ms. Patti Stephenson, a local resident, appeared before the Board stating that she has attended almost every Bingo game in Lake County and that she prefers to play at Triangle Bingo, because it is a clean facility with good food, good attendance, and a well lit parking area. She stated that it is also cheaper for her to play at Triangle Bingo and that they do not lower their payouts, if their attendance drops, the way that most of the other Bingo operations do. She further stated that the attendants at Triangle Bingo are very friendly, unlike most of the attendants at the various charitable Bingo operations.
Ms. Patti Chasm, a local resident, appeared before the Board stating that she plays at Triangle Bingo and reiterated what Ms. Stephenson had stated earlier. She stated that one will see more people at Triangle Bingo than at any of the other Bingo operations in the County, because it is cheaper to play there and the facility is clean. She stated that she did not like having someone tell her where she can and cannot play Bingo.
Mr. Donald Brown, a local resident, appeared before the Board in support of Triangle Bingo and requested the Board to ask veterans where they go when they need money and see what their response is.
Mr. Tom Ryan, a local resident, appeared before the Board stating that he and his wife run the Bingo games that are held at St. Mary of the Lakes Catholic Church and that the people in the community would be surprised if they knew what contributions are made to the community, from their Bingo games.
Mr. Jim Cittineri, representing Triangle Bingo, appeared before the Board stating that he is a caller at Triangle Bingo. He stated that he has played at many of the Bingo halls in Lake County, however, he has found that Triangle Bingo is much cleaner than many of the other places and that, even though there may be the same amount of people playing at some of the other Bingo halls as there is at Triangle Bingo, they will cut their games and give an excuse as to why they cannot pay more money.
Ms. Bert Bolderson, representing Triangle Bingo, appeared before the Board stating that she is a volunteer at Triangle Bingo. She stated that, if Triangle Bingo is closed down, it would not guarantee that those people who presently play at Triangle Bingo would start playing at the charitable organizations' Bingo halls. She stated that they have people attending Triangle Bingo from Apopka and other cities that never did attend the other Bingo halls.
Mr. Gilbert Allen, a local resident, appeared before the Board stating that he is a member of the Eustis Elks Lodge, a member of the Lions organization in Tavares, and that he also plays Bingo. He stated that a statement that was made that one can go to Triangle Bingo and spend less money is not true. He stated that he has nothing against Triangle Bingo, or any other legitimate Bingo operation, however, he feels that, for the workers at Triangle Bingo to state that they are volunteers is false, because he knows a lot of the workers and knows for a fact that they are paid to work there. He stated that the charities are not getting comparable money for what monies are taken in. He disagreed with the statement that was made earlier that the charitable organizations have cut their payouts down. He stated that the charitable organizations need the help of the local residents.
Ms. Joan Stanley, a local resident, appeared before the Board stating that she was outraged at some of the speakers that have appeared before the Board this date. She stated that she felt Triangle Bingo had a good case for slander, by what had been stated about them at this meeting. She stated that she felt it was a "witch hunt" and, if it is felt that they are not legal, then they should be taken to court. She stated that she has played at several of the local Bingo halls and that she likes the lighting at Triangle Bingo, as well as the cleanliness, the pleasant attitude of the workers, and the fact that she is treated with respect.
Mr. Norman Berge, a local resident, appeared before the Board in favor of Triangle Bingo, stating that he is a life member of the Veterans of Foreign War, a member of the Lake County Humane Society, a member of the Mt. Dora Historical Society, and a member of American Legion Post 35, in Mt. Dora. He stated that, if there was something wrong with Triangle Bingo, he would not work there, and that he felt the charitable Bingo organizations were just jealous of Triangle Bingo and how well they are doing.
Mr. Sam Felicia, a resident of Imperial Terrace, appeared before the Board stating that he has jointly operated a Bingo hall at Imperial Terrace for the past 15 years, with the Veterans of Foreign War. He stated that he belongs to almost all the veterans' organizations and noted that they cannot get enough help from the veterans' organizations to run their own Bingo. He stated that all the organizations represented this date stated that they give all their money to charity, however, he stated that an organization cannot run a Bingo hall and give all its money to charity, because they will go broke. He stated that all the money his Bingo hall takes in goes back to the people, they give nothing to charity.
Ms. Nell Taylor, a local resident, appeared before the Board stating that she plays Bingo seven nights per week and when she plays at Triangle Bingo and loses money, she gets very depressed, however, when she plays at the charitable Bingo halls and loses money, she doesn't feel bad, because she knows that it is going toward a good cause.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that he had read that portion of the Florida Statutes that pertains to Bingo operations and that it seems to differ with how the local Bingo operations are being run. He stated that he felt there was an unlevel playing field between charitable Bingo operations and "commercial" operations. He recommended that the County Attorney draft an ordinance, for the Board's consideration, and that the Board schedule a workshop meeting to review and discuss the ordinance.
Commr. Bailey stated that this is a complicated issue and that he hoped the Board would take their time and take into consideration the concerns of the charitable groups, as well as the fact that people feel very strongly that they have the right to choose where they want to play.
Commr. Cadwell stated that he was concerned about the Board trying to fix what the Florida Statutes cannot fix. He stated that he did not want to see the Board get out on a limb, trying to do something that the Florida Statutes has been unable to do, for several years, which is tighten up the Bingo law. He stated that he concurred with Commr. Swartz, in that he feels there should be a level playing field.
Commr. Cadwell stated that the Board has to weigh the right of the commercial operations to be in business and, if they are abiding by the Florida Statutes, then there is not a lot that the Board can do about it. On the other hand, the Board has to weigh the work that the charitable organizations do and, if this is a source of income for them, at what point does it affect private business - at what point can they continue to operate and not keep the other people from operating, under the Florida Statutes. He stated that it is going to be a tough issue for the Board to handle.
Commr. Cadwell stated that, if the Board wants to do something locally to make sure that everyone is on the same playing field, at least in Lake County, then he did not have a problem with that, however, he did not want to see the Board, through this ordinance, try to fix the Florida Statutes.
Commr. Gerber stated that, in regard to the issue of volunteers, versus the people who get tips, she wanted to make sure that they are doing exactly what the Florida Statutes states they should be doing.
Commr. Hanson stated that she felt a lot more information needed to be gathered from the State Attorney's Office and from the County Attorney's Office. She concurred with Commr. Swartz, in that there seems to be a discrepancy; however, she concurred with Commr. Cadwell, in that she is not sure the Board can fix it.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board directed the County Attorney's Office to prepare a draft ordinance that will deal with the days of operation, for Bingo, and with what appears to be a glitch in the State Bingo law, which places charitable organizations at a disadvantage, so that it is very clear, in Lake County, what is allowed and that all organizations operate on the same playing field, and bring same back to the Board, for review, at a later date.
RECESS & REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/COMMUNITY SERVICES/COUNTY BUILDINGS & GROUNDS
PUBLIC HEALTH
Mr. Pete Wahl, County Manager, explained this request.
Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board and answered questions regarding this request.
A brief discussion occurred, at which time Commr. Hanson questioned whether it would be better to have the space for storing medical records in one building and use the additional money being requested for the higher tech storage.
Dr. John Pellosie, Jr., Director of the Lake County Public Health Unit, appeared before the Board, in response to Commr. Hanson's question, stating that one of the problems that his office is faced with is the fact that the nursing and health care staff have to have immediate access to the records, at the three clinics in question. He stated that the County has had an increase in patient demand, as well as an increase in paperwork demand, and that, along with the security and confidentiality of medical records, made this move necessary. He stated that he views the move as a stop gap and that he hopes to develop, along with the County, as the County continues to grow. He stated that he feels the additional storage space will help his staff in efficiency, in the way they operate, and the service that they provide to the community.
Discussion continued, at which time Dr. Pellosie stated that he felt they were going to have to increase their services, in the next five to ten years, however, in the near future, when a coordinator is hired, he feels that said individual would not need to be housed in one of the clinic areas, said individual could be housed in the Administration Building.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Community Services for approval of funding for the renovation of three (3) County Public Health Unit clinic sites, which require additional space for storage of medical records, with funding not to exceed $35,000.00; that the building be designed to accommodate a high-tech filing system and that staff try to obtain the funding, at this time.
It was noted that this request should qualify for Infrastructure Sales Tax funding.
AGRICULTURAL CENTER/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, requested that this request, for approval for the replacement of the Ag Center roof, utilizing D. B. Young as the design consultants, be withdrawn and brought back before the Board, for action, at the January 18, 1994 meeting.
COUNTY EMPLOYEES/FACILITIES AND CAPITAL IMPROVEMENTS
HUMAN RESOURCES/MAINTENANCE
Mr. Pete Wahl, County Manager, explained the following two requests and asked that they be handled together.
Mr. Mike Anderson, Director of Facilities and Capital Improvements, appeared before the Board, in response to a question by Commr. Swartz regarding the request, stating that his department had a Maintenance Specialist II position that was moved to Energy Management, however, rather than hiring another Maintenance Specialist II, he felt that it would be better to hire two laborers, at a lower pay range, to replace the one Maintenance Specialist II position.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Human Resources for approval to delete the Maintenance Specialist II position, Pay Range 123-01, in Building Maintenance Services, Facilities Management Section, Office of Facilities and Capital Improvements; and a request for approval of two (2) new full-time positions of Laborer, Pay Range 100-01, in Building Maintenance Services, Facilities Management Section, Office of Facilities and Capital Improvements.
CONTRACTS, LEASES & AGREEMENTS/PLANNING AND DEVELOPMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Planning and Development for approval to execute an Interlocal Agreement between Lake County, the City of Orlando, and Orange County, relating to the Water Conserv II Project.
REPORTS (CONT'D.)
COUNTY ATTORNEY
MUNICIPALITIES/PLANNING AND DEVELOPMENT/ZONING
Mr. Frank Gaylord, Interim County Attorney, informed the Board that it has been brought to his attention that when properties are annexed into the municipalities, that the County's Land Development Regulations (LDRs) will continue to govern the building permits, etc., of said annexations, until the County passes a new amendment to the Comprehensive Plan. He stated that, rather than require an individual from a recently annexed property to come to the County, to post building permits, to abide by what the County's LDRs are, as opposed to what the municipalities' LDRs are, he recommended that the County amend its LDRs to provide that, upon annexation of properties, that the annexing municipalities' LDRs would prevail.
A brief discussion occurred regarding the matter, at which time Commr. Swartz suggested that the County Attorney prepare
a Memorandum of Law that states what the Florida Statutes states, regarding the Growth Management Act, for the Board to review and determine whether or not they can, by LDRs, do what is a Comprehensive Plan amendment.
Commr. Hanson interjected that it cannot be contrary to the land use designation.
The Interim County Attorney, Mr. Frank Gaylord, was directed to prepare a Memorandum of Law that states what the Florida Statutes states about the Growth Management Act, for the Board to review and determine whether or not they can, through the LDRs, do a Comprehensive Plan amendment.
COUNTY MANAGER
LAWS & LEGISLATION/RESOLUTIONS
Mr. Pete Wahl, County Manager, informed the Board that he had distributed to them a copy of a letter and some legislation regarding proposed House Bill 237, from Santa Rosa County, requesting the Board to consider whether or not they wanted to take a position on said Bill. He stated that the Bill prohibits the rule making process of the State of Florida from going beyond the intent of the Florida Legislature in creating, by rule, what is not created by either legislation, or a legislative policy.
Commr. Bailey stated that he felt the Board should support the Bill, because he did not feel that any agency should be writing rules that go beyond the intent of the Legislature.
Commr. Swartz stated that the legislation period in question only applies to the Department of Community Affairs. He noted that, if the Bill was a broad based Bill that applied to all the State agencies, he might see some reason to support it. He also stated that he did not feel this was the way to go about it, noting that, if, in fact, there is a State agency that is not following the rule making authority, which the Legislature has granted, it would seem to him that it is the Legislature's responsibility to, either through its funding, or through some other mechanism, insure that those agencies follow the rule making process. He stated that the Legislature might say they are no longer going to grant the agencies rule making authority, that they will do it themselves.
Commr. Swartz further stated that, if the legislation in question is designed with Chairman Maypoles (from the Santa Rosa County Board of County Commissioners) opinions being the basis of it, he would not support it. He stated that the rule making process is a very long, tedious, detailed process and, if the Department of Community Affairs, or any other agency, is not following that rule making process, he was sure that the Florida Legislature has the ability, either through their funding, or through other actions, to enforce compliance.
A motion was made by Commr. Bailey and seconded by Commr. Cadwell that the Board approve a Resolution, to be given to the County's legislative delegation, stating that the Board does not want the Department of Community Affairs to adopt rules that go beyond the authority granted them by the Florida Legislature, therefore, they support House Bill 237.
Under discussion, Commr. Cadwell requested that the motion be amended to include all agencies.
Commr. Hanson concurred.
The Chairman called for a vote on the motion, which was carried.
Commrs. Swartz and Gerber voted "No".
COMMISSIONERS
LANDFILLS/SOLID WASTE
Commr. Swartz informed the Board that he had received many calls about the solid waste billing letter that was mailed out by Town & Country and that he felt it was outrageous and unacceptable. He stated that he continues to receive calls about whether or not the recycling is being done consistently, whether pickups are occurring when they should, and whether or not proper notice had been given when the pickup day was going to be changed.
Commr. Swartz stated that, one of the things the Board told people when they adopted the new franchise agreement and went to exclusive franchise areas, was that the agreement would give the Board a stronger hand, in dealing with the haulers, however, since the agreement has been signed, he has seen abuse from some of the haulers.
Commr. Swartz stated that the letter from Town & Country is a perfect example of said abuse. He stated that he had received a number of complaints from people about AAA Refuse Service, where they are not picking up recyclables and separating them, they are throwing them into the back of the truck, and complaints about AAA Refuse Service not giving proper notification when there has been a change in the pickup days. He stated that he has also received complaints about rudeness of the haulers.
Commr. Swartz stated that he had indicated to Mr. Ron Roche, Director of Solid Waste Management Division, that it is up to the County to insure that the haulers meet all of the goals that the County set out in the franchise agreement, and, in his opinion, they are not doing it. He suggested that, if the first warning to the haulers on an issue is not satisfactory, then the County should use the fine provisions to get their attention.
Commr. Swartz stated that he, nor County staff, likes to receive such calls from the residents of the County. He requested a list of the calls and complaints that the County has been receiving from the residents, about the haulers, broken down into the different types of complaints, so that the Board can get a handle on what is coming in.
Commr. Bailey stated that he felt staff needed to inform the haulers that, if they think the Board has created a monopoly for them and they are going to take advantage of the situation, the Board can also undo it and undo it very quickly. He stated that, if the haulers do not clean up their act, he would personally lead a crusade to undo the franchise agreements.
Commr. Swartz stated that the Board could pull the franchises and change haulers. He suggested that the Board first issue a warning letter, secondly, levy fines against them, and thirdly, pull their franchise agreements and invite someone in who will operate as the terms of the contract requires and who will treat the customers of Lake County fairly, cordially, and in a way that the Board expects, and the residents deserve, to be treated.
Commr. Hanson concurred.
Commr. Cadwell stated that he feels the system is good and that the Board did the right thing by going with franchise agreements, but he believes that there are some haulers that do not want the system to work and have intentionally been rude to people and have tried to make it not work. He stated that the Board needs to quit ignoring the fact that is what they are doing and get on them and get it right.
Commr. Swartz concurred with Commr. Cadwell in that he feels it has been an intentional effort to sabotage the system. He stated that he believes the system can work better, it can save the citizens of Lake County money, but it is only going to work if the Board enforces the requirements of the franchise agreement.
LANDFILLS/SOLID WASTE
Commr. Swartz informed the Board that he had made a motion at a past Board Meeting, with regard to leachate collection, and that part of that motion was that the County Manager and the County Attorney get back to the Board with a review of Post, Buckley, Schuh & Jernigan's design of the leachate facility and whether or not they have any liability or responsibility, with respect to it. He stated that he had not received a response from them, to date, and that he had received a letter from the Department of Environmental Regulations citing the County for the ponds that were designed by Post, Buckley, Schuh & Jernigan and he wanted to know whether or not those ponds were designed correctly, whether or not the County is operating them correctly, and whether or not there is some liability on the part of Post, Buckley, Schuh & Jernigan.
It was noted that staff would submit a report to the Board, regarding the matter, on January 18, 1994.
No action was taken at this time.
COMMISSIONERS/COMMITTEES
Commr. Hanson informed the Board that she had made her liaison appointments to the County's various committees, for the 1994 year, at which time she reviewed said list, indicating her reason for each appointment.
Discussion occurred regarding said list.
Commr. Cadwell stated that he felt someone else could better serve the Childrens' Services Committee this year, than he could, and requested that he be taken off said committee.
Commr. Swartz stated that last year he created the liaison position to Capital Improvements, as a result of renovation that he knew would be going on. He stated that he had submitted a letter to the Chairman indicating that he would like to continue to serve in that position and agreed that he would also serve on other committees, including the Solid Waste Committee and the Animal Control Committee. He stated that he had started working very closely with Mr. Mike Anderson, Director of Facilities and Capital Improvements, with staff, and with the architect and would like to continue to serve on said committee.
Commr. Hanson stated that she appreciated Commr. Swartz's comments, however, pointed out the fact that, in December of 1993, the Board voted that she would serve on the Capital Improvements Committee and she would like to do so. She commended Commr. Swartz for creating said committee and noted that she would do exactly as he had done in the past and bring any major decisions to the Board for approval, before any action is taken regarding same.
Discussion continued regarding the liaison appointments.
A motion was made by Commr. Swartz that the liaison appointments for 1994 be approved, as indicated, with the following changes: that Commr. Hanson continue to serve on the Childrens' Services Commission until January 19, 1995, when her original term was to expire; that Commr. Gerber accept her appointment as liaison commissioner to the County Library System; and that he serve as liaison commissioner to Animal Control and be allowed to continue to serve as liaison commissioner to Capital Improvements.
The motion died for lack of a second.
Commr. Cadwell questioned whether the Board had to ratify the Chairman's appointments, or whether, in the past, the liaison appointments had ever been an issue.
Commr. Bailey stated that, in the past, the Commissioners had usually accepted the Chairman's liaison appointments. He then noted some concerns he had about Commr. Swartz's motion to remove Commr. Hanson as the liaison commissioner of Capital Improvements and put himself in that position.
Commr. Swartz stated that he made every attempt, as Chairman, to accommodate the committee assignments for the Board members, going through several redrafts, in trying to give everybody something that they wanted to have. He stated that it was not a list that he just expected every Board member to accept.
Discussion continued, at which time various commissioners noted certain appointments that they gave up, to accommodate a particular Chairman's liaison list, and to open a slot for incoming commissioners.
Further discussion occurred.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the liaison appointments for 1994, as recommended by the Chairman, with the exception of the Childrens' Services Commission, Animal Control, and Capital Improvements, which will be discussed further at a later date.
RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a Proclamation designating Monday, January 17, 1994, as Martin Luther King Day.
Commr. Hanson noted, for the record, that there would be a breakfast at Vic's Embers, on Thursday, January 6, 1994, at 7:00 a.m., in addition to the regularly scheduled activities set for Saturday, January 15, 1994.
Each commissioner was encouraged to attend as many of the functions as possible.
AGRICULTURAL CENTER/PLANNING AND DEVELOPMENT/ZONING
Commr. Hanson stated, for the record, that Representative Dean Saunders would like to come before the Board and make a presentation on the purchase of development rights in the Green Swamp, as well as update the Board on legislative activities. She stated that said presentation would be set for Thursday, January 27, 1994, at 9:00 a.m., if there were no objections from the Board, and that she had invited the Agricultural Committee and the Interact Committee to attend said meeting.
RECESS & REASSEMBLY
At 11:55 a.m., the Chairman announced that the Board would recess until 2:00 p.m. for a Workshop Meeting.
WORKSHOP
DRAFT VEGETATION ABATEMENT ORDINANCE
CODE COMPLIANCE/ORDINANCES/ZONING
Mr. Kirk Warren, Assistant County Attorney, appeared before the Board stating that the proposed Vegetation Abatement Ordinance before the Board this date contained provisions found in similar ordinances in various other Florida counties. He referred to a memorandum, which had been distributed to the Board, dated December 13, 1993, which noted that the proposed ordinance calls for the mandatory cleanup of excessive or overgrown vegetation and that it shall be applicable and enforceable only against those individuals who own lots of up to one (1) acre and which are created by a recorded plat and located in either the urban or urban expansion future land use categories. The memorandum listed viable alternatives and options for possible inclusion in the proposed ordinance.
Mr. Warren stated that the proposed ordinance establishes 18 inches in height, for overgrown vegetation, whereas Escambia County establishes 24 inches and Volusia County establishes 20 inches in height.
Commr. Hanson questioned whether the proposed ordinance would include undeveloped lots, noting that there are a lot of subdivisions that have not been cleared and she did not think that the County would want to have to clear them.
It was noted that the clearing of land would be complaint driven.
Commr. Hanson questioned what would happen with those lots in subdivisions where the percentage of development is very low.
Mr. Warren stated that the proposed ordinance would cover those lots. He further stated that the ordinance is very broad, in its draft form, with the intention of cutting it down and making it more restrictive.
Commr. Swartz stated that he did not see any reason to limit the ordinance to urban and urban expansion, noting his reason for same. He stated that the proposed ordinance has been limited by some restrictive covenants and he did not feel that was a good way of handling the situation. He stated that he did not feel the County could say that they were going to enforce the ordinance in one area, but not in another area, because said area had restrictive covenants. He then discussed various issues that he felt needed to be resolved.
Commr. Bailey stated that the Board also needed to look at who was going to administer the ordinance, who was going to enforce it, and what costs it would involve.
Considerable discussion occurred regarding the best way to enforce the proposed ordinance.
Commr. Hanson stated that Commr. Gerber was trying, with respect to the ordinance, to find some middle ground between the cities and the very rural urbanized areas. She stated that it needs to be transition areas, but noted that such areas are throughout the County, they are not centered just around the cities.
It was noted that Code Enforcement receives very few complaints about excessive or overgrown vegetation in a year's time. Mr. Leo Vaughn, Director of Code Enforcement, noted that, out of 1,776 complaints received by his office, approximately five to six were complaints about overgrown vegetation.
Mr. Vaughn informed the Board that, in most cases, using common courtesy toward the landowners will bring about results.
Discussion occurred regarding the issue of platted lots, at which time Commr. Swartz stated that there are a lot of lots in the County that are not platted and he did not see any difference in the way that the County should provide the ability for people to get relief.
Commr. Bailey questioned what would happen with those subdivisions that are platted, on paper, but there are no houses in place, or, in some cases, there may be one or two houses scattered over a 50 or 100 acre platted area.
Discussion occurred regarding the matter and what types of situations should be excluded.
Commr. Bailey stated that he felt there should be some kind of common sense exemption, noting that he would hate to see the ordinance create a hardship to where somebody would lose their property.
Mr. Warren, Assistant County Attorney, noted that Section 5 of the proposed ordinance has a stipulation that the property in violation must be 100 feet from any type of improved property (property containing a structure).
Commr. Hanson questioned whether there might be another way to handle the situation, noting that she was concerned about the costs that would be involved to enforce such few complaints that are received each year. She stated that, at the present time, the County is dealing with possibly two cases.
Commr. Hanson stated that the County contains a lot of wooded lots and that she feels there needs to be a provision excluding such lots. She also stated that she felt the 100 foot requirement is probably too little a distance, based on the acreage. She stated that she felt the ordinance would probably not be used a lot, however, had the potential to be used a lot.
Commr. Bailey stated that he did not want to see the Board create a problem for some of the rural areas in the County
Mr. Charles Jacobs, a resident of Picciola Island Subdivision, appeared before the Board and answered questions about vacant lots in the Picciola Island Subdivision and how their homeowners' association was dealing with them. He stated that there are approximately 20 vacant lots in the subdivision, out of 162 lots, and that, presently, the homeowners association spends approximately $400.00 per year to have said lots disked, from three to four times per year, depending upon growth. It was noted that all of said lots are under one acre.
Mr. Jacobs stated that all the homeowners' association is looking for is some means to get people to take care of their property and avoid fire hazards and depreciation of property values.
Further discussion occurred regarding the ordinance, at which time Commr. Swartz stated that he felt it should apply to any lot that has been created that is one acre or less, that is in the urban, urban expansion, and suburban areas, and is "X" number of feet from improved property, noting that he felt the Board should go with a number that is more than 100 feet.
Commr. Swartz stated that, in those subdivisions where lots are created, he felt that, if it has to be "X" number of feet from improved property, then it limits the question. He stated that, if there is not improved property in a plat, or a group of lots, it would not come into play, so there would have to be improved property involved, and if the County set a reasonable distance from that improved property, then it should take care of the problem.
It was noted that, at the present time, the proposed ordinance covers both improved and unimproved property - that one could have a piece of property all by itself, with weeds six feet high, and, as long as it is 100 feet from the highway, the individual cannot be served with a code violation.
Commr. Bailey stated that he felt the suburban classification should be left out of the proposed ordinance, because he feels that it is going to create a problem for the County.
Commr. Swartz stated that he felt the issue is having improved property located next to somebody else's unimproved, or improved property, who does not maintain, in any form, the vegetative growth. He stated that he felt it did not matter what the land use map is, it is whether or not the condition exists. He stated that the Board needed to remember that the land use map only came into effect within the last couple of years, noting that there is a lot of property in the County that meets the requirement of being urban, but it may be in a rural district, at the present time. He stated that he could not see the County telling them that the County is not going to give them the same service, when the same characteristics are present.
Commr. Swartz questioned the rationale of having the 100 foot requirement from Federal and State highways and stated that he felt it should be left out, because he felt that it would leave a whole host of possibilities.
Discussion occurred regarding who should handle the violations, at which time it was felt that Code Enforcement should be the department to do so.
Mr. Wahl, County Manager, requested clarification on the last option discussed.
Commr. Swartz stated that he had suggested going with all improved or unimproved lots that are one acre or less, anywhere in the County, and that, in order for it to be a nuisance, it would have to be located within 250 feet of improved property; that the exemptions for agriculture, intensive, and general would still be in place; that the requirement of 100 feet of road right-of-way would be stricken; and that violations would be enforced through the Code Enforcement Board. He stated that the County will provide penalties whereby, if the Code Enforcement Board finds that a nuisance exists, the penalties will be listed within the ordinance, for whatever appropriate actions need to be taken.
Mr. Wahl questioned whether the County was ever going to get to the point where they could authorize the mowing of a lot.
Commr. Swartz stated that the Code Enforcement Board would have to decide the best way to handle the situation.
Mr. Warren stated that he felt the County could do so, as long as there is due process, hearings, appeal rights, etc.
Commr. Swartz requested Mr. Warren to provide the Board with a draft of the proposed ordinance, with changes as noted, and that it be put on the agenda for the Board Meeting of January 18, 1994, if possible, for consideration.
Commr. Gerber reiterated the fact that the Board's intent is not to start a lawn service and that they need to do everything possible not to put the County in that position.
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator and Director of Development Regulations, stated that this issue is going to be publicized and, when it is, staff is going to receive more complaints, which is going to take a lot of their time to investigate. He requested the Board to remember the Code Enforcement Department, during the next budget period. He noted that the Code Enforcement Department is very overburdened as it is.
Commr. Gerber requested Mr. Vaughn, Director of Code Enforcement, to provide her, or Mr. Wahl, County Manager, a tracking of the monthly complaints received, so that they will be prepared during the next budget period.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board directed the County Attorney's
Office to draft a Vegetation Abatement Ordinance, subject to amendments made this date, to be brought back to the Board, for review, at the meeting scheduled for January 18, 1994, in order to schedule public hearings regarding the matter.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 3:05 p.m.
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CATHERINE C. HANSON, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
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