The Lake County Board of County Commissioners met in regular session on Tuesday, May 8, 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, County Manager's Assistant; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.
Commr. Gregg gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Request for payment of Warrant No. 120370 through Warrant No. 120616, for the following accounts:
Landfills County Transportation Trust
Countywide Fire District General Revenue
Miscellaneous/Gas Fund Mosquito Control
Animal Shelter Trust Fund Northwest Fire District
Bassville Fire District Pasco Fire District
Countywide Library Fine & Forfeiture
South Lake Fire District Mt. Plymouth Fire District
Paisley Fire District Section 8
Private Industry Council Capital Outlay
Aquatic Weed Emergency 911 Fund
Road Impact Law Enforcement Trust Fund
Bonds - Contractor
Request for approval of Contractor Bonds, as follows:
247-90 William M. Brown (General)
671-90 Quinton Downing (Aluminum)
1817-90 Ronald E. Latow (Plumbing)
3010-90 Bill McGuire Construction Company (Residential)
4179-90 Mose W. Perkins, III d/b/a M. W. Perkins & Sons
4615-90 Allstar Electric of Orange City, Inc. (Electrical)
4669-90 Kim Cockrane d/b/a Kim Cochrane Plumbing (Plumbing)
4832-90 Elbert Barnes d/b/a Barnes Electric (Electrical)
4833-90 Airco Heat & Cool (Heating & Air Conditioning)
4834-90 Melvin B. Benn (Masonry & Concrete)
4835-90 Charlie N. Deal
4836-90 James A. Stone & Southeastern Development &
Production Corporation (Carpentry)
4837-90 Richard Dean Weber (Building)
4838-90 Joseph J. DiPaolo, Jr. (Plumbing)
4839-90 Clyde A. Bowman d/b/a Bowman Electric (Electrical)
4840-90 Elite Electric of Central Florida, Inc. (Electrical)
4841-90 David Bronson d/b/a Bronson Electrical Service
4842-90 Gene DeGiorgio d/b/a American Eagle Electric
4843-90 David L. Phelps, Jr. (Electrical Wiring)
4844-90 Perry Collins (Electrical)
4845-90 Edward E. Secor - All Phase Construction
4846-90 James Lee Bowen d/b/a Northwestern Plumbing
4847-90 Darel G. Taylor, Inc. (Residential)
4848-90 Joseph G. Russell d/b/a Joe Russell's Aluminum
Request to acknowledge receipt of Notice of Proposed Agency Action Order Approving Rates and Charges, from the Florida Public Service Commission, regarding an Application of Lake Utility Company, Inc. for Water and Sewer Certificates in Lake County.
CLERK'S OTHER BUSINESS
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request for authorization to include a listing of surplus, obsolete and/or junk property, in the annual auction held by the County.
COUNTY PROPERTY/LAWS & LEGISLATION
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a change which will be implemented on October 1, 1990, pursuant to Florida Statute 274-02, regarding property inventory being adjusted and maintained on all fixtures and other tangible personal property (of a nonconsumable nature), which has a value of $500.00 or more. Inventory is presently maintained on items with a value of $200.00 or more.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gregg questioned Tab 5, regarding a bill from Orlando Regional Medical Center, stating that Lake County seems to have a problem getting other counties to pay their hospital bills, therefore, questioned why Lake County volunteers to pay theirs.
Discussion occurred regarding the issue, at which time Commr. Gregg stated that he felt attention needed to be drawn to the matter, as he feels it is something the Legislature needs to fix, due to the fact that it is a statewide problem, not just a county problem.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Animal Control/Budget Transfers
Request for General Fund, Health & General Services, Animal Control Division budget transfer, in the amount of $18,700.00.
Accounts Allowed/Budget Transfers/Public Works
Request for County Transportation, Public Works, Transportation Division, budget transfer, in the amount of $15,000.00.
Accounts Allowed/Communications/Health & General Services
Request for authorization to pay monthly 9-1-1 charges to United Telephone, for tandem, circuit and data base updates, in the amount of $10,580.05, for April.
Accounts Allowed/Health & General Services/Public Health
Request for authorization of payment for an Orlando Regional Medical Center inpatient claim, under the Health Care Responsibility Act, in the amount of $13,252.12.
Planning and Development/Subdivisions
Request for final plat approval of 16th Fairway Villas.
Bonds - Mobile Home
Request for approval of new Mobile Home Bond, for Shirley Hammond, Wekiva area, District #4.
Deeds/Public Works/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deeds:
For Road Project
G. Burton & Edythe M. Polk
Estes Rd #4-5876
Richard S. & Ruth Ann Arto
Estes Rd. #4-5876
For Lot Approval
Leonard & Judy Weber
Lake Eustis Drive #3-4851
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Discussion occurred regarding this request, at which time Ms. Lustgarten, County Attorney, and Mr. Thelen, County Manager, gave input.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution offering employment to existing correctional officers in the Jail, under the conditions set forth in the resolution, and authorized proper signatures on same.
CONTRACTS, LEASES 7 AGREEMENTS/JAILS/SHERIFF'S DEPARTMENT
Mr. Al Thelen, County Manager, explained this request, stating
that it was an intergovernmental agreement that was fashioned, through the transition period of the County taking over the Jail operations, which deals with a number of items, one being the area of transportation. He stated it was agreed that the Sheriff's Department would transport everything within the State - outside the County and between states - and that the Corrections Department would be responsible for intracounty transportation, such as between the Jail facilities, to the doctor's office, to the hospitals, etc.
A brief discussion occurred regarding this request, at which time Commr. Gregg questioned how billing would be handled for prisoners transported in the Sheriff's Department airplane, to which Mr. Thelen replied that it would be handled through the Sheriff's budget.
At this time, Ms. Lustgarten, County Attorney, gave input regarding a question raised concerning the interlocal agreement not containing a termination clause, stating that the terms would remain in force until such time as the parties chose to amend the agreement.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved an interlocal agreement between Lake County and the Lake County Sheriff's Department,
relating to the transition of jurisdiction of the Jail, and authorized proper signature on same.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
A brief discussion occurred regarding this request, at which time Mr. Mike Anderson, Capital Improvements Director, answered questions presented by the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved two (2) six month maintenance agreements between Lake County and GTE Communications Corporation, in the total amount of $10,122.80, and authorized proper signature on same.
ACCOUNTS ALLOWED/PUBLIC WORKS
Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, for the County, appeared before the Board and gave a brief report on a request by the Board for the development of criteria for vehicular assignment and replacement. She then answered questions presented by the Board regarding this same.
Mr. Al Thelen, County Manager, gave input as well.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to purchase two (2) mid-size four door sedans, from Vann Gannaway Chevrolet, at a total cost of $23,776.40 ($11,888.20 each), low bid.
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board and explained this request, noting that funds for said project will be from gas tax monies, not ad valorem.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to award C-48 "Part" Resurfacing, to Pendarvis Asphalt Transport, Inc., at a cost of $328,520.00, low bid.
COUNTY ATTORNEY'S MATTERS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that a resolution which they had requested, pertaining to the
Board opposing the proposed service charge on the One-half Cent Sales Tax Trust Fund and the Intangible Trust Fund (pending legislation), was ready for their approval.
A brief discussion occurred regarding the matter, at which time Mr. Thelen, County Manager, stated that it was eliminated from the House's past budget, however, it is felt by those representing the Association of Counties, that when it gets down to the balancing of the budget, the matter could be readdressed at that time.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution indicating the Board of County Commissioner's opposition to legislation pending in the Florida Legislature which would impose upon local governments service charges for administration of the Local Government One-Half (1/2) Cent Sales Tax Trust Fund and the Intangible Tax Trust Fund, which they feel unfairly place upon local governments the burden of financing State government.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved ratification of the Board on financial items which needed to be paid, prior to this Board Meeting.
COUNTY PROPERTY/ELECTIONS/ENVIRONMENTAL SERVICES
PLANNING 7 DEVELOPMENT
Commr. Bakich brought up for discussion the matter of the acquisition of environmental sensitive lands in the Wekiva Basin, based on policy statements which were made at the prior Board Meeting. He suggested possibly expanding it to include an advisory referendum for the acquisition of environmentally sensitive lands throughout the entire County, as opposed to only in the Wekiva Basin, and to include capital, as well as passive, improvements to said lands, with a percentage of the funds going to the Cities. He stated that the County would not need bonds to purchase said lands,
nor would it be site specific, therefore, the County could set aside a particular percentage of the mill, possibly on an annual basis, for purchase of said lands
Discussion occurred regarding the matter, at which time Commr. Gregg suggested including language to allow the ability to levy up to one-half mill and use said funds to fund bonds, in those cases where on might be needed.
Discussion occurred regarding the matter of the ballot, at which time Ms. Lustgarten, County Attorney, and Mr. Thelen, County Manager, gave input as to how the Board might approach the matter. Mr. Thelen stated that a report would be furnished to the Board next week regarding same.
Commr. Swartz urges caution in the way the Board proceeded with the matter, and suggested that staff continue putting together the types of plans that are needed, so that perhaps early next year the Board can go to the public and get a countywide committee that can begin putting it together and proceed from there.
Commr. Bakich stated that the matter would not be brought back before the Board for several weeks, therefore, urged the members to give it a little more thought and consider the options which they now have available to them, and possibly go for it.
No action was taken at this time.
Commr. Gregg brought to the attention of the Board a resolution proclaiming the week of May 7-13, 1990, as PUBLIC SERVICE RECOGNITION WEEK, and requested approval of same.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the resolution alluded to above.
Commr. Bailey brought to the attention of the Board the Fact that he would like to appoint Mr. John b. Whitaker (representing the citrus industry) as an additional member of the Executive Advisory Committee for the Comprehensive Plan.
Discussion occurred regarding said matter, at which time Mr. John Swanson, Director of Planning and Development, stated that said Committee was set up under certain guidelines and suggested that, if additional appointments were going to be made, that they be considered as ex-officio members.
Further discussion occurred, at which time it was the consensus of the Board to postpone action, at this time, and to continue the discussion regarding same at the Board Meeting of May 15, 1990.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 513 - Donald & Margaret Duncan
Bassville Park Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the April 12, 1990, and the April 19, 1990, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved a request to vacate that portion of Hampton Street, Bassville Park area, as advertised in Petition No. 513, by Donald and Margaret Duncan, to correct legal description, as previously vacated by Petition No. 513, on July 19, 1988.
Ms. Annette Star Lustgarten, County Attorney, informed the Board, for informational purposes, that on Page 8, under Section 4, of the Late Night Businesses, Stores or Operations Ordinances, the portion pertaining to when compliance shall be required was left bland, stating that it was something the Board would have to decide. She stated that legislation was enacted regarding compliance times ranging from 60 to 90 to 180 days.
Ms. Lustgarten then brought to the Board's attention a memo which she had received from the Lake County Sheriff's Department regarding certification of robbery deterrent training programs, in which the Sheriff stated that he does not intend to certify said programs, therefore, in order to alleviate the problem, the Board could add language to the ordinance which states that another law enforcement agency, or a local educational institution, could do so.
Mr. Al Thelen, County Manager, gave input regarding the matter at this timer.
Mr. Fred Yowler, President of the Lake County League of Cities, appeared before the Board and thanked them for delaying their consideration of the Late Night Businesses, Stores or Operations Ordinance until after the Lake County League of Cities had made a recommendation. He stated that he thought the ordinance was a good one, as it presently stands, and hoped the Board would not make any deletions from it.
Mr. Ed Thomas, representing Miller Enterprises, which operate Handy Way convenience stores in Lake County, appeared before the Board and thanked them, as well as the County Attorney and the Lake County Sheriff, for having had the opportunity of working with them on the Late Night Businesses Ordinance, stating that it had been an eye-opening experience.
Mr. Thomas stated that the industry which he represents is conceptually opposed to any type of restrictive ordinance which might single out one aspect of the retail community. He stated that the ordinance is defined as being a "Late Night" ordinance, however, it excludes almost every type of business other than convenience stores and gas stations, therefore, in reality it is still dealing with one segment of the community, which they feel is unjust. He stated that no one has a greater stake in the safety of their employees and customers than they do, and are very concerned with that.
Mr. Thomas stated that he had addressed several issues, which his firm is concerned about, in a letter to the Board and the County Attorney. He stated that he was flabbergasted to hear that the Lake County Sheriff does not want to certify robbery deterrent training programs, as, in his opinion, if there was any one in the
County that should take a look at robbery training programs, he would think that it would be the Sheriff. He stated that he was also concerned about the implementation time involved and requested the Board to consider a minimum time of six months, for compliance.
Further discussion occurred regarding robbery deterrent training and how the ordinance is worded regarding same, and the fact that the language should possibly be changed.
Ms. Lustgarten, County Attorney, stated that language could be added to Line 3, on )Page 4 of the ordinance, under the definition of "Owner", where it states "...partnership, joint venture...", to the effect of "...owner-designated principal operator...", noting that said amendment could also be added on Page 7, under Section (8) Course of Instruction Required, as well, where it state "All Late Night Business, Store or Operation owners..." by inserting said language after the word "owners".
Discussion occurred regarding Section 6 of the ordinance, pertaining to a security camera, and the fact of the Lake County Sheriff's Department being responsible for maintenance of said equipment, at which time Ms. Lustgarten, County Attorney, stated that on Page 7, language which follows the word "Designee", on Lines 6 through ll, could be struck from the ordinance.
Further discussion occurred regarding the robbery deterrent training, and the need for certification, at which time Commr. Gregg suggested allowing other law enforcement agencies, the local community college, or the Board to certify, as a final source, in order to alleviate the problem regarding certification.
Ms. Lustgarten, County Attorney, stated that language to the effect of "another law enforcement agency, a state accredited educational institution, or the Board of County Commissioners" could be added to Line 6, on Page 8, after the word "designee".
Discussion continued regarding the ordinance, at which time Mr. Thomas was questioned as to whether the current training program, which Miller Enterprises utilizes, presently incorporates any of the issues being discussed at this time, to which Mr. Thomas
replied that they had made some changes prior to this ordinance being enacted. He was then questioned as to whether he has seen any statistical drop in crime, due to some of the changes which have already been incorporated in the operation of the convenience stores, to which he replied that there has been a reduction in robberies, noting that they feel the two main deterrents are cash management and good training.
At this time Mr. Thomas distributed a pamphlet, which his firm distributes to their employees, addressing the issue of robbery prevention, for the Board's perusal.
Discussion occurred regarding the fact that restaurants were not covered in the ordinance, at which time Ms. Lustgarten, County Attorney, stated that a Section 11, for restaurants, could be added to the ordinance on Page 3, Line 31.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved to exempt restaurants from the ordinance by adding language pertaining to same on Page 3, Line 31, under a section 11.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to add "...or owner designated principal operator..." after "joint venture", under the definition of "Owners", on Page 4, Line 3.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved to add "...or owner designated principal operator..." after the word "owners" on Page 7, Line 30, of the Ordinance.
Commr. Swartz voted "Yes".
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to delete language, starting with the word "provided", on Line 6, and ending with the word "equipment", on Line 11, of Page 7.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to add, after the word "designee", on Line 6, of Page 8, language to the effect of "another law enforcement agency, a State accredited educational institution, or the Board of County Commissioners".
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved to add language to Line 33, under Section 4, on Page 7, allowing 180 days, from the effective date of this ordinance, to comply with the provisions as set out, subject to a variance by the Board of County Commissioners.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved adoption of the Late Night Businesses, Stores or Operations Ordinance, No. 1990-9, as amended.
RECESS & REASSEMBLY
At 10:55 a.m., the Chairman, Commr. Bakich, stated that the Board would take a five minute recess.
Mrs. Barbara Kent, a resident of Lake County, appeared before the Board to request them to enact an ordinance that will (1) prevent another property owner (a Mr. Robert Flippo) from withdrawing water from Lake May (a lake which comprises 39 acres and is located on her property), for agricultural irrigation purposes and (2) modify agricultural operations so as to prevent the introduction of agriculturally related chemicals and nutrients into Lake May.
Mrs. Kent distributed pictures to the Board, for their perusal, of water being pumped out of Lake May. She stated that she is concerned about pesticides being introduce into the lake, as her grandchildren swim in the lake.
Commr. Bailey questioned the County Attorney, Ms. Lustgarten, as to what the Florida Statutes say regarding the Board's authority in this matter, to which she replied that there is a special provision in Chapter 125, which grants power to the Board of County Commissioners regarding matters such as water pollution and shore erosion o inland lakes. She stated that a property owner that has ownership of 50% of property around an inland lake can petition the Board of County Commissioners to make a determination, if five
factors that are set out in the Statutes are present and affecting that particular lake. She stated that the two factors which Mrs. Kent has petitioned are covered in Chapter 125.563, Section (2)(b) of the Statutes, noting that the other three factors have been complied with. She stated that, after reviewing the matter with the Department of Environmental Regulations; the Board of trustees of the Internal Improvement Trust Fund; and the Department of Natural Resources, if comment is made, the Board will be charged with making a determination of whether any of said nuisances still exist. If an still exist, the Board has the authority to enact an ordinance to abate said nuisances, in a manner that is reasonable, unless there is a compelling public purpose to permit its continu- ance. She stated that, should the Board determine that any of said nuisances still exist, and wish to initiate an ordinance to abate said nuisances, said ordinance must be advertised and a public hearing held, with all effected property owners being notified.
Further discussion occurred regarding the matter, at which time Mr. Don Findell, Director of Environmental Services, gave input.
Mr. Richard Roof, Director of Pollution Control, appeared before the Board and informed them what had transpired, up to this point, regarding the matter. He stated that Mrs. Kent had contacted the St. Johns River Water Management District and they had sent out staff to survey the lake and evaluate the property. He then referred to a memo (which was a part of the packet given to the Board prior to this meeting) from the St. Johns River Water Management District, which indicated some observations their staff had made during their survey of the lake. He stated that a pump
capacity test was made, and due to figures received from that test, it was assumed that the pump which Mr. Flippo was utilizing was running 24 hours a day and had an unrestricted flow at the discharge point. He noted that the way the St. Johns River Water Management District determines whether a Consumptive Use Permit is required is by the maximum capacity of the pump.
Upon being questioned as to why Mr. Flippo is not required to have a Consumptive Use Permit, Mr. Roof stated that he is below the maximum size of the pump, as well as the capacity of the pump. He stated that he believed Mr. Flippo's pump would have to have the capacity to pump one million gallons per day, or greater, before being required to get a Consumptive Use Permit. He stated that a summary was also part of the packet alluded to earlier, from the St. Johns River Water Management District staff, indicating what they feel the effects of the pumping of the lake will be.
In viewing some pictures of Mr. Flippo's grove, which were submitted by Mrs. Kent, for the Board's perusal, Commr. Bailey stated that he would have to commend Mr. Flippo in the way the grove was laid out, noting that it is quite obvious the grove was well planned and laid out so as not to allow runoff into Lake May.
Commr. Swartz stated that, judging from what wa stated in the memo from St. Johns River Water Management District, he would take it that there may be more of a problem from stormwater runoff from the road, caused by a drainage problem, going into the lake than from Mr. Flippo's grove.
At this time, Mr. Don Findell, Director of Environmental Services, stated in his conversations with staff from the St. Johns River Water Management District, they indicated that, in order to fully define and determine what the problem is, and what the impact of withdrawal from the lake is, one would have to do a water budget for the lake, noting that this is essentially what the Water Management District had done, in desktop form, however, to be more definitive, one would actually have to go out and do some very definitive studies on the lake itself. He stated that, as far as a water quality condition is concerned, one would have to do a site specific study, to determine what the ambient water quality of the lake is, as well as what the quality of the stormwater runoff is from the road. He stated that one would have to then assimilate capacity analysis on the lake, to determine whether, in fact, the lake could handle that type of discharge.
Mrs. Kent reappeared before the Board and addressed the memo from the St. Johns River Water Management District, which Mr. Roof referred to, stating that she has not been able to obtain results of chemical testing which was done on the lake. She also stated that Mr. Flippo (Golden Gem Groves) has been dumping into the lake for some time, noting that she has found such items as refrigera-tors, aluminum cans, fertilizer bags, etc. in the lake, from time to time.
Mr. Jim Stivender, Director of Public Works, appeared before the Board and addressed the issue of stormwater runoff from Hwy. 44-A into Lake May, due to the drainage problem alluded to earlier. He informed the Board what the Public Works Department will be doing to alleviate the problem, stating that they anticipate having the project completed within approximately two months.
Mrs. Kent reappeared before the Board and commented on the erosion of property along Hwy. 44-A, stating that she remembers it being a problem ever since she was a child. She stated that the Public Works Department has worked on different theories of how to solve the problem, and noted that she would be willing to donate an easement on the south side of the road, in order to allow the County to do something that would direct stormwater runoff from the road to the north side of the road, rather than have it all directed down toward the lake.
Commr. Swartz questioned Mr. Stivender as to whether what he was proposing would keep runoff from going into the lake or whether it was just going to slow it down, to which Mr. Stivender replied that it would not keep the runoff from going into the lake, due to it being a natural location, however, what the Public Works Department is going to try to do is treat the problem.
Commr. Swartz then noted that Mrs. Kent was willing to grant the necessary easement needed to alleviate the problem and questioned Mr. Stivender whether, with said easement, the County would be able to create a stormwater drainage system that would allow the treatment of said runoff, to which Mr. Stivender replied
that it would not, with the existing right-of-way - that they would need additional right-of-way - therefore, perhaps the best way to treat the problem would be to create a berm between the property and the road right-of-way, to prevent the runoff, except in specific locations, from running off the property.
Mrs. Kent requested the staff not to do anything on the north side of the road, as there is nothing there anymore, due to erosion over the years, however, welcomes anything that can be done on the south side of the road to alleviate the problem. She stated that she feels there is an urgency, at this point, due to the kinds of chemicals that are going into the lake from the roadway. She stated that she had been told by a past Commissioner, several years ago, that there were funds available to solve the problem.
Commr. Bakich informed Mrs. Kent that Mr. Stivender was willing to work with her, to alleviate the problem, therefore, she would need to meet with him and his staff, to find out what will be required, on her part, to see that runoff of chemicals going into the lake will be minimized. It was noted that Mr. Stivender would be willing to consult with the St. Johns River Water Management District, as well, if need be, in solving the problem.
Mr. Findell readdressed the Board and indicated what he felt the solution to the stormwater runoff problem, from the road standpoint, would be.
Discussion occurred regarding the fact that staff had been unable to find the water quality study which wa made on the lake in 1984, therefore, a suggestion was made for them to resample the lake, so that they have some current water quality standards to deal with, which might give the County the type of information needed to really evaluate the lake's water quantity and quality issue. He stated that this would give staff some baseline data, today, and hopefully, staff will be able to locate the data which was taken in 1984, in the near future.
Commr. Swartz informed Mrs. Kent that some of the data which is before the Board this date is not conclusive enough, on a couple
of points, to initiate as strong an action as she is requesting from the Board. He stated, however, that the County can, and will, do something about the stormwater runoff from the road. He then suggested to Mrs. Kent, as the County staff had, in terms of the water quantity question, that she get some type of monitoring gauge, in order to keep the type of records that she needs.
No further action was taken at this time.
RECESS & REASSEMBLY
At 12:00 noon, the Chairman, Commr. Bakich, stated that the Board would recess for lunch and would reconvene at 2:00 p.m., for a Cablevision Workshop.
Mr. Al Thelen, County Manager, informed the Board that staff recently received a survey, from the City of Tampa, which was taken regarding cablevision franchises in their area, which he noted would be distributed to the Board, for their perusal, as well as the results of a survey which was conducted by the City of tavares, pertaining to Lake County Cablevision. He stated that staff also put together some information relating to different cable companies that are operating within Lake County, for the Board's information.
Mr. Phil Yapkowitz, General Manager of Lake County Cablevision, appeared before the Board stating that he recently took over the position of General Manager and has received a lot of flak from the public, since doing so. He stated that his firm is presently in the process of trying to convince everyone that customer service is their number one priority. He stated that the largest amount of complaints received over the past two to three years have been over their telephone system, noting that last year they installed an audio-response unit, which is a very sophisticat-ed and expensive system. He stated that it was supposed to do everything for them, such as answer every phone call by the second or third ring, give customers the exact department they needed, etc., however, it hurt them more than it every helped them. Due to the problems encountered by the new phone system, it was discon-
nected on March 25, 1990, and he has no idea if it will ever be hooked back up.
Mr. Yapkowitz stated that his purpose in appearing before the Board was mainly to give a cablevision update on what the company is doing and where they are going, as well as to try and open a better communication line for the 1990s between every municipality in the County, as they want to be considered a good corporate citizen. He stated that the firm has suffered from growing pains as much as nay industry in the County, however, did not adequately prepare for the amount of growth Lake County has seen in the past few years. HE discussed their abandon rate (callers hanging up before speaking to a customer service representative, after holding for several minutes), noting that their goal is to keep their abandon rate at 3% or less, and their "all lines busy" at 3% or less.
Mr. Yapkowitz stated that their customers wanted extended business hours, therefore, his firm changed their hours of operation. He stated that their customer service hours are now 8:00 a.m. to 8:00 p.m., noting that the new hours have been in effect since April 30, 1990. He stated that they have a dispatcher that stays on duty until 9:00 p.m., during the week, and is also available on Saturdays. Starting in the near future, said dispatcher will also be available on Sundays, as well. He stated that another complaint received from the public was that they could never talk to the General Manager, therefore, they have instituted a "Manager's Hotline" to make him more accessible to the public. He stated that they were accused of offering less channels than other cable companies, therefore, have already added additional channels and will be adding four more channels in the near future.
Discussion occurred regarding Lake County Cablevision's fees, at which time it was noted that their fees are the highest in the area.
Commr. Gregg gave an instance of a problem he had encountered during a weekend recently, when his cablevision went out and did not come back on for several hours, and he was unable to reach anyone at the cablevision office to report it to. He questioned what has been done to improve such problems, on the weekends, as he has had it happen more than once, to which Mr. Yapkowitz replied that in approximately two weeks there will be an individual on call seven days a week.
Further discussion occurred, at which time Mr. Yapkowitz was questioned whether he would be able to have the information staff had requested earlier available for the Board Meeting scheduled for June 12, 1990, to which Mr. Yapkowitz replied that he would.
Commr. Swartz stated that he hoped the Board would have said information available to them prior to the next Board Meeting, hopefully by Thursday, June 7, 1990, in order to enable them, as well as staff, to review it before the meeting.
Discussion occurred regarding the gross revenues received from cablevision, at which time Mr. Yapkowitz stated that Lake County, as well as the Cities of Tavares, Mt. Dora and Eustis, are being paid, and have been paid, 3% of the gross revenues received from cablevision, noting that it was from all cable services, not just the basic service.
Commr. Swartz stated that Mr. Yapkowitz was saying the same things that Mr. Tom Shimick (the prior General Manager) had stated before him, yet no difference has been noted. He stated that the Board has always heard what Mr. Yapkowitz stated, however, they don't seem to hear it except during times of crisis, when there seems to be pressure brought upon them, noting that it is a process that has been repeated every couple of years, over the past few years, and it always revolves around the same questions, which is phone service and the ability to reach the cable company, if one has a problem. He stated he felt some of the telephone problems were really symptoms of the other problems which exist. He also commented on the cost of the service and questioned why it cannot be cheaper, noting that he also does not feel the $4.50 charge, per each additional outlet, per month, is warranted. He stated that he
did not know what it will take to solve the problems, but feels that it might have to be either competition or the end of the franchise which presently exists.
Commr. Gregg also commented on the additional outlet charge, stating that it is the most misunderstood and hated charge Lake County Cablevision has, however, it is second behind service complaints. He then reiterated what Commr. Swartz had stated, in that it seems the only time they respond is when there is a public uproar. He stated that the service has been horrible and unresponsive, and that this Board needs more than just assurances that, because Mr. Yapkowitz has taken over as General Manager, things are going to improve.
Further discussion occurred regarding the additional outlet charge, at which time Commr. Swartz requested Mr. Yapkowitz to, between now and the time he comes back before the Board on June 12, 1990, to talk to his home office and give the Board an answer regarding the additional outlet charge, which he stated is really a revenue enhancer and has very little to do with any cost to their company for installing the additional outlets. He stated if Lake County Cablevision wants to create goodwill in Lake County, he would suggest they eliminate said charge, noting that it is one thing they have in their control to do.
Mr. Yapkowitz stated that he will be talking with his home office regarding what was discussed this date and feels sure some changes will be made.
Commr. Gregg stated he had requested that a list of Lake County Cablevision's subscribers (so that the County could do a survey of how the subscribers in the Lake County franchise area feel about the service), as well as some form of audit (possibly from the company's auditing firm) showing the company's gross revenues, be furnished to the County Manager, noting, however, that this has not been done, as yet. He requested, therefore, that these be available to the Board for the June 12, 1990 meeting.
Mr. Jimmy Connor, representing the City of Tavares Cable TV Committee, appeared before the Board to inform them of results the Committee received from a survey which they had done, among residents of Tavares, regarding how they felt about Lake County Cablevision's service, to which they received 416 responses, indicating that they were unhappy with the service, rates, etc. He stated that they tried to make the questionnaire as unbiased, as possible. He then elaborated on the survey, indicating what the response was for different aspects of it, such as the service, rates, costs of additional outlets, etc. He also stated that 333 individuals supported more local regulatory control, with only 27 individuals opposing it. He noted that 378 individuals supported more competition, with only 10 opposing it.
Mr. Connor referred to an article written by the Orlando Sentinel, on February 3, 1990, regarding the State Attorney's ruling concerning a case involving rates charged to the City of Orlando by Telsat (a cable TV company), and noted that the information he has contradicts the information Mr. Yapkowitz has provided, regarding said issue.
Mr. Connor questioned whether the County was receiving 3% of Lake County Cablevision's gross revenues, as stipulated in the agreement between the County and Lake County Cablevision, at which time a brief discussion occurred regarding same.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that, at their direction, copies of a draft cablevision franchise ordinance were sent to the five (5) cities that are on the Cablevision Committee, as well as to all the existing cable franchise companies in the County. She requested that they respond to her, by June 5, 1990, with any comments or proposed changes regarding same.
Mr. Rex Taylor, representing the City of Leesburg, appeared before the Board to respond to a question by the County Manager as to when the board would receive a proposal, regarding franchise agreements, which was requested from the consultants. Mr. Taylor
stated that what they were trying to do was put together a model ordinance which all the cities could work from, so that all the franchises would be the same, which he feels would be advantageous to existing cable companies now, as well as any future companies. He stated that another issue concerns the monitoring, on a routine basis, of service and putting in place some rules and regulations for same, so that the County can monitor the performance of cablevision companies, therefore, when negotiations come up for renewal of franchise agreements, the County will have some data to go by.
It was noted that the next meeting, regarding Lake County Cablevision, is scheduled for June 12, 1990, at 2:00 p.m. and anyone wishing to comment on the matter, can do so at that time.
No action taken at this time.
RECESS & REASSEMBLY
At 3:05 p.m., the Chairman, Commr. Bakich, stated that the Board would recess until 5:05 p.m. for a Public Hearing regarding the Lake County Mining Ordinance.
Commr. Bakich gave opening remarks, stating that each side of the Mining Ordinance issue would be given 30 minutes to speak and present their case, at which time the Board would then discuss and consider the input and make a decision regarding same.
Ms. Annette Star Lustgarten, County Attorney, stated that at the first public hearing regarding the Mining Ordinance, several amendments were voted upon by the Board and have now been incorpo-rated. She then indicated said amendments, as follows: On Page 7, of the draft ordinance, the newly created Technical Review Committee has replaced the Development Review Committee and the Site Review Committee. On Page 9, Line 35, setback notice requirements have been changed from 150 feet to 300 feet, for all public access roads and county roads closest to the property on which mining activities are to be conducted. On Page 23, Line 18, setback requirements have been changed from 50 feet to 100 feet, from all property lines other than churches, schools, parks, hospitals, residentially zoned property and property used for public purposes, of which setback requirements are 200 feet.
Ms. Lustgarten, County Attorney, then referred to an amendment on Page 33, Line 30 through 37, dealing with the section concerning subsequent amendments, stating that it was actually a clarification to make it clear that "vested" mines will be subject to subsequent amendments to the Mining Ordinance, only if it concerns a hazard to the health, safety and welfare of the general public, and that mines permitted after the effective date of this ordinance shall be subject to subsequent amendments to said ordinance. Any new conditions imposed by subsequent amendments shall be uniformly applied throughout the unincorporated area of Lake County.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the amendment to Page 33, Lines 30 through 37, of the Mining Ordinance, as alluded to by the County Attorney in the above paragraph.
Mr. Hal Turville President of the Environmental Coalition Committee of Lake County, appeared before the Board stating that there are some problems associated with current mining operations and that the new Mining Ordinance must regulate all mining activities in Lake County, noting that existing mines should not be exempt from the ordinance. He stated that he thinks it is a little presumptuous to believe that increased regulation and increased requirements of mining and excavation standards are going to reduce the number of jobs associated with the mining industry - he feels that it will be just the opposite - that increased regulatory requirements and increased reclamation requirements are going to result in more mining industry jobs, not fewer. He then addressed the issue of "vesting", stating that what "vesting" really does is tell the public that a Mining Ordinance is going to be adopted that does not regulate a soul in the mining community. He closed by saying that eliminating competition is not something that this county thrives on, and that is exactly what this Mining Ordinance
will do - the larger companies are going to get bigger, the smaller ones will be gone, and there will be no place whatsoever for anybody to try and compete on an even table, noting that the differences are going to be severe.
Mr. Paul Bethune, appeared before the Board stating that he hoped the County would consider adding to their staff a professional state certified mining engineer, with whatever staffing he needs, in order to do the evaluations, as he feels it is a necessity, and that he does not feel it would be wrong to charge a surtax on material that is taken out of the County, in order to pay for said engineer and his staff.
Mr. Bob Timmons, a Mining Ordinance Committee member, appeared before the Board stating that he had worked with the Mining Ordinance Committee on the ordinance, from its inception. He stated he felt very comfortable with the ordinance as it presently stands and felt it was time to move on and adopt it. He suggested that the Board appoint a Citizen Review Committee, comprised of not less than seven members, nor more than nine members, with the chairman of the committee to be named by the Board, 18 months from the effective date of the ordinance, to make a comprehensive review of same, and make recommendations to the
Board, if needed. He stated he felt said committee should have six months to complete its work.
Mr. Kevin Burkholder, President of the Home Builders Associa-tion of Lake County, appeared before the Board stating that said association was in favor of the ordinance, as it is proposed, and feels that any changes to it would give an unfair advantage to the existing mines. He stated that the association also feels the ordinance gives the Board the power and authority to deal with individuals that are not adhering to the ordinance, and that they support said power.
Mr. Steve Richey, Attorney, representing a number (14) of mining companies, appeared before the Board and discussed what he felt were misconceptions concerning the Mining Ordinance before the
Board this date, noting that he, as well as the companies he represents, feel it is not a good ordinance, as it presently stands. He then discussed what he felt were the misconceptions.
Ms. Evelyn Breedlove, a Mining Ordinance Committee member from its inception, appeared before the Board stating that the committee worked on the ordinance for over two years and that the majority of the committee was very happy with it, as it presently stands. She stated they found it very difficult trying to make everybody happy, however, realized that they couldn't, nor ever would. She stated that, had the Mining Ordinance Committee received help from the local community during the two years they worked on the ordinance, maybe they wouldn't have the hassle they are faced with today, however, they received none, therefore, feel the local community lost their chance for input and should accept the ordinance as it presently stands.
Discussion occurred among the Board members regarding the ordinance, at which time Commr. Bailey stated that when the ordinance was first being discussed, the Board thought about writing two ordinances - one for the small mines and one for the larger mines. He stated there has been a lot of discussion regarding "vesting" and that he would like to offer a compromise concerning the "vesting" issue. He stated that he felt language should be added to Line 20, on Page 3, allowing the mining companies three (3) years to comply with the provisions of this ordinance, thereby, helping the small mines, which is what the Board had originally set out to do.
Discussion occurred regarding Commr. Bailey's suggestion, at which time he suggested changing the time frame to five (5) years, however, the consensus of the Board was to follow Mr. Timmons' suggestion and adopt the ordinance, as it presently stands, as they felt it will work and that the Citizens Review Committee, which will be appointed in eighteen months, can make a determination, and, if there are any problems, a recommendation can be made at that time.
Commr. Swartz commented on an area of the ordinance which he felt was the weakest, being the issue of reclamation and how it pertains to the health, welfare and safety of the general public. He stated that one of the problems he has in supporting this ordinance is that, through the ordinance, the Board is granting "vested" rights" and questioned what the Board's ability will be to go back in eighteen months and say they made a mistake - that they really don't want to give the miners what they originally gave them.
Ms. Lustgarten, County Attorney, stated that if a mine complies with the "vested rights" provision of the ordinance, they are, in fact, "vested".
Mr. Timmons reappeared before the Board and readdressed the issue of hiring a state certified mining inspector, indicating how he felt about same. concerning the issue of reclamation, he stated that he felt staff would be able to talk with the operators and come up with some sort of reclamation plan, either during or after the mining operation, which he felt would be acceptable to all concerned. He stated that he felt the Board has a bigger problem concerning rezoning, noting that when a mine comes in they level off the ground, depleting all vegetation, and in many instances, the plots are left without vegetation, which create sandstorms when the wind blows.
Further discussion occurred regarding reclamation and the fact that the standards and reclamations plans, which the mines presently have, do not require any phased approach to reclamation, at which time Commr. Swartz stated that it could be years, and has been years in some cases, before the problems is corrected.
Commr. Windram stated that he was sure some of the mines, especially those along Hwy. 27, will be bought up for commercial uses, due to the fact that some of it is extremely valuable real estate, and, out of necessity, will be reclaimed by the existing holder or sold for commercial uses.
Commr. Gregg also gave input regarding the fact that some of the mining properties are becoming more valuable.
Commr. Gregg then suggested that the Board adopt the language suggested by Mr. Timmons, and incorporate it was part of the ordinance, at which time discussion occurred regarding same.
Ms. Lustgarten, County Attorney, stated that said language could be included as part of the ordinance, however, would suggest that the Board approve it in the form of a resolution, to be brought back before the Board, at a later date, for adoption.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved that the language alluded to by Mr. Timmons, regarding the establishment of a Citizens Review Committee, eighteen months from the date of adoption of the Mining Ordinance, to review said ordinance at that time and make recomme-
ndations, if need be, be approved, in the form of a resolution, to be brought back to the Board for adoption, at a later date.
Mr. Don Findell, Director of Environmental Services, responded to a question by Commr. Bailey concerning the possible enforcement of blowing dust, from the mines located along Hwy. 27, stating that if it is a mine, it is enforceable under this ordinance, and if it has a CUP that specifies that it require some measure of dust control, it is enforceable under said CUP.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved adoption of the Mining Ordinance, as amended, before the Board this date.
Commr. Swartz voted "No".
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:50 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK