The Lake County Board of County Commissioners met in regular session on Tuesday, February 1, 1994, 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; Don Bailey; and G. Richard Swartz, Jr. Commr. Gerber was not present. 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.
Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.
No revisions were made to the agenda before the Board this date.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 16, 1993 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 16, 1993 (Special Meeting), as presented.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the Minutes of December 21, 1993 (Regular Meeting), as presented.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the Minutes of January 11, 1994 (Special Meeting), as presented.
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:
Bonds - Contractor
Request for approval of Contractor Bonds - New, Cancellations, and Amendment, as follows:
4170-94 Classic Construction and Design (General)
4177-94 Jimmy Fergerson d/b/a Fergerson Construction
4648-94 Sickels Plumbing, Inc.
4702-94 David W. McLeod d/b/a McLeod Electric
4716-94 Coughlin & Carey, Inc. (Electrical)
4967-94 James M. York d/b/a York Bridge Concepts, a division of Pelican Marine Enterprises, Inc.
(Non Building Contractor/Docks & Decks)
5005-94 Atlas Electric, Inc.
5084-94 Vankirk and Associates (Electrical)
5270-94 Clement Electric, Inc.
5271-94 Earl S. Smith d/b/a Cornerstone Electric, Inc.
5272-94 John Ferrara, Jr. d/b/a JF Construction
5273-94 David E. Lee (Residential)
4018-93 James E. Barlow
5135-93 Howard D. Koper d/b/a Action Roofing & Siding, Inc.
5084-94 Power & Associates and VanKirk & Associates
Request to acknowledge receipt of the 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.
Request to acknowledge receipt of a copy of the North Lake County Hospital District's Financial Audit, for the year ended September 30, 1993, pursuant to Section 189.418(4) of the Florida Statutes.
Request to acknowledge receipt of Annexation Ordinance No.
93-24, from the City of Eustis, adopted by the Eustis City Commission, in regular session, on December 16, 1993, with an effective date of December 26, 1993.
Contracts, Leases & Agreements/State Agencies
Request to acknowledge receipt of Addendum to Cooperative Agreement between the Department of Agriculture and Consumer Services, Division of Forestry, and Lake County, for inclusion in the County files.
Request to acknowledge receipt of Ordinance No. 251, from the City of Mascotte, annexing certain described real property into the City of Mascotte, upon the voluntary petition filed by Harvey C. Fender and June Fender.
Request to acknowledge receipt of Ordinance No. 252, from the City of Mascotte, amending the official zoning map of the City of Mascotte, to change the zoning district designation of certain real property located within the corporate limits of the City of Mascotte from (A) Agriculture to (R) Residential.
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending December 31, 1993, in the amount of $104,672.15. Same period last year: $132,035.28.
PRESENTATION BY DR. TULLY PATROWICZ ON WE CARE PROGRAM
ACCOUNTS ALLOWED/INDIGENTS/PUBLIC HEALTH
Dr. Tully Patrowicz appeared before the Board stating that he was coming before them this date as a member of the Lake County Medical Society; Vice-Chairman of the North Lake County Hospital Tax District Board; and as a citizen of Lake County. He then introduced Dr. Thomas Sanders, President of the Lake County Medical Society, to the Board and turned the presentation over to him.
Dr. Sanders appeared before the Board stating that he was a practicing urologist, in Lake County, who has agreed to participate in the We Care Program. He stated that the purpose of being present this date was to ask for the Board's help, advice, and support of the We Care Program. He stated that approximately 18 months ago, the Board of Governors of the Lake County Medical Society set a goal, which was to fill a gap in what they perceive to be a problem area in the County's health care delivery system.
Dr. Sanders stated that, as President of the Lake County Medical Society, he asked Dr. Patrowicz to spearhead their efforts. He stated that, whether one perceives the County's problems with health care as a crisis, or as a problem that needs to be fixed,
there is currently a group of patients that is either under served, or poorly served, by the County's health care delivery system.
Dr. Sanders stated that the We Care Program is designed to take care of those patients who currently fall through the cracks. He then gave an example of how a patient is presently handled and how said patient, hopefully, would be handled under the We Care Program, which he noted is a win/win situation to all involved and one in which the County can take care of its own.
Dr. Sanders stated that all three hospitals in the County have agreed to participate in the program, therefore, if one is accepted in the We Care Program and is hospitalized, the hospital will accept, pay, and cover the charges. He stated that, currently, over 100 physicians have agreed to volunteer not only their time, but the costs of taking care of said patients in their offices. He stated that the possibilities are unlimited, noting that, in the future, there may be pharmacists, home health nurses, etc., involved in the program, but, at the present time, the County has the means to plug the gap and serve the patients he alluded to better.
Dr. Patrowicz reappeared before the Board and distributed a handout, containing a copy of the Proposal being presented this date, for their review. He stated that one year ago he and Mr. Tom Wetherington, representing the North Lake County Hospital Tax District Board, presented to the Board two ideas embodied in two documents contained in the handout which he distributed to the Board, one a Resolution and the other a Proposal. He stated that, at that time, the Board unanimously considered the two ideas good ideas to pursue.
Dr. Patrowicz stated that the basic research for the two documents came out of a report that the Board had been given previously, known as the Health Needs Assessment for Lake County, which he noted was made as a request of the North Lake County
Hospital Tax District Board, and that the report was prepared by the North Central Florida Health Planning Council. He stated that it was then that the Lake County Medical Society took the initiative, using the existing model that was provided by the Florida Medical Association. He stated that they also used model ordinances from nearby counties, being Marion, Alachua, Sumter, Hernando and Putnam.
Dr. Patrowicz stated that the Resolution before the Board this date creates a Comprehensive Health Care Committee, which will be an advisory committee to the Board and will deal with health care issues that impact all residents of Lake County, on an ongoing basis. He stated that said committee will be comprised of community leaders that the Board will appoint, representing all concerned segments of the County's population, including the young, the old, business - both large and small, medical and hospital professionals, educators, and the Government.
Dr. Patrowicz stated that the Proposal before the Board this date creates a coalition of volunteers, consisting of Lake County hospitals and physicians, representing virtually every medical specialty and surgical practice available in the County. He stated that this volunteer effort will provide free health care to the working poor of the County.
Dr. Patrowicz expressed appreciation to the many people who have indicated their support, many of which were present in the audience, and thanked those people who have indicated their support, but were unable to attend the meeting. He also thanked the hospitals, in the County, and their administrators, Life Stream, and the County's mental health hospitals and clinics, headed by Mr. Bert Lacey. He recognized Dr. John Pellosie, Director of the Lake County Public Health Units, who was present in the audience, for his tremendous cooperation and pledge for continued cooperation, which he noted will be essential in the realization of the Resolution and Proposal before the Board this date.
Dr. Patrowicz then thanked all of his colleagues, the Lake County physicians and surgeons, for the central role that they will play in the community effort that he stated is bound to improve access to medical and surgical care for the County's citizens and, at the same time, save hundreds of thousands of dollars, if not millions, for the residents of Lake County, in the future.
Dr. Patrowicz stated that the Lake County Medical Society, the hospitals, and physicians are asking the Board to officially recognize that the problem of health care for the medically indigent is a problem for all the residents of the County and one that should not simply be addressed by physicians and hospitals, anymore than crime should be addressed by only the police and prisons. He stated that everyone in the County is involved in this problem and everyone must participate in the solution, therefore, Lake County's physicians and hospitals were requesting the Board to pass and fully fund the Resolution and Proposal that has been unanimously endorsed by the North Lake County Hospital Tax District Board, at its annual meeting, which was held in January, 1994.
Dr. Patrowicz recognized Dr. Terry Jackson, Chairman of the North Lake County Hospital Tax District Board, present in the audience.
Commr. Hanson commended Dr. Patrowicz for the work that he had done, during the past year, noting that he had taken an idea and brought it to reality, and, in the long run, it will prevent problems from becoming much more severe.
Commr. Bailey concurred.
Dr. John Pellosie, Director of the Lake County Public Health Units, appeared before the Board stating that he was offering his staff's support at the health units, for the We Care Program, and
noted that he feels it is a very valuable service that the County can provide its communities.
Commr. Cadwell commended Dr. Pellosie for the support and leadership that he has given the County, in the past, and will give in the future.
Commr. Swartz stated that he supported the approach Dr. Patrowicz was trying to take, however, noted that, when Dr. Patrowicz came before the Board approximately one year ago, about this program, one of the discussions was that perhaps some of the cost of this program could be borne by the Board and some with hospital taxing district funds.
Commr. Swartz stated that he felt the Resolution creating the Comprehensive Health Care Committee was a good idea, however, noted that he was a little concerned about the section that deals with staffing and support. He stated that it commits the County to provide whatever funding is necessary, to operate said committee, including a certified public accountant and attorney, as needed.
Commr. Swartz stated that most of the committees that are formed by the Board of County Commissioners operate and utilize the County Attorney's staff, in meetings where it is necessary. He stated that he was not aware of any committees that had their own public accountants, noting that any monies involved go through the Board and are reviewed under a normal auditing process. He stated that he felt said language needed to be modified, with regard to the Resolution.
Commr. Swartz stated that he would like to see the County participate in the We Care Program, as he feels that it will benefit the citizens of Lake County, however, noted that he would like to see some financial participation by the hospital districts, as well, as he feels that the program creates savings for them, as well as the County. He noted that the Board, at this point in time, does not have said costs specifically budgeted.
Commr. Cadwell stated that he would like to see the Board pass a Resolution and direct staff to sit down with the Lake County Medical Society, work out a contract, and bring said contract back to the Board, with the fiscal impact, for budgetary reasons, and move on from there.
Commr. Hanson suggested that the Board approve the Resolution, subject to review and approval by the Interim County Attorney.
Commr. Swartz questioned whether Commr. Cadwell's motion was with the intent that, as they work out an agreement, there would not be any cost sharing, noting that the Board needed to give some direction, one way or the other, regarding same.
Commr. Cadwell stated that some options could be brought back to the Board indicating what impact they would have on the County, with no cost sharing, and with some type of cost sharing, with the understanding that the cost sharing would have to be approved by the particular hospital districts.
Dr. Patrowicz stated that the concern the hospital tax districts have is that they usually wind up with a rather significant drop in the amounts of money that they are able to provide, as opposed to those that are being required by the hospitals to make up the deficit, for their indigent care programs. He stated that their budget this year is approximately $3.2 million, however, the hospitals' requirements are probably twice that amount, so the hospitals are already involved in providing a tremendous amount of care, on a gratis basis.
Dr. Patrowicz stated that, when he originally discussed the issue of the We Care Program with Commr. Swartz, he felt that it would be appropriate for the tax board to be invoked in this matter, however, after he thought about it further, he decided that what they were really looking for was new money. He stated that this is new money that is bound to create a savings for many, many individuals, not just the hospitals. He stated that the We Care Program has to be regarded as one of the best humanitarian efforts that has ever been put forth in this County, regarding health care.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board directed the Interim County Attorney to provide a Resolution creating the Lake County Comprehensive Health Care Committee and directed staff to meet with the Lake County Medical Society, to work out a contract, with options, as far as funding is concerned.
Commr. Hanson presented employee awards, as follows:
Plaques to Employees with Five Years of Service to the County
Braxton Bisceglia, Firefighter/EMT, Department of Fire and Emergency Services, Fire/Rescue Division
Karen L. Chester, Sign Fabricator, Department of Public Services, Engineering Division, Traffic Safety Services
Timothy L. Crow, Firefighter/EMT, Department of Fire and Emergency Services, Fire/Rescue Division
Steve A. Greene, Bailiff I, Judicial Department
Plaque and Bond to the February Employee of the Month
Gary L. Spires, Equipment Operator III, Department of Public Services, Roads Division, Maintenance Area I (Leesburg)
COUNTY MANAGER'S CONSENT AGENDA
Commr. Swartz requested that Tab 17, a request from Purchasing for approval of the Purchasing Manual, be pulled from the Consent Agenda and discussed separately.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed/Contracts, Leases & Agreements
Facilities and Capital Improvements/Sheriff's Department
Request from Facilities and Capital Improvements for approval to execute a land exchange agreement and issue a purchase order, in the amount of $8,091.00, to J.K.2 Holmes Constructors, Inc., for the construction of the Sheriff's vehicular impound pole barn.
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.
Deeds/Planning and Development
Rights-of-Way, Roads & Easements
Request from Planning and Development for approval to accept a Non-Exclusive Easement Deed from Robert K. and Sarah L. Hogan.
Request from Planning and Development for approval of a Resolution creating the Lake County Pollution Recovery Trust Fund.
Request from Public Services for approval for the Chairman to sign the First Quarter Waste Tire Grant Reimbursement Request; that a copy of the Board Minutes be affixed to the reimbursement request, indicating the election of the new Chairman; and that the request then be forwarded to Tallahassee. Fiscal Impact: $8,173.00.
Deeds/Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for approval to accept the following deeds:
Non-Exclusive Easement Deeds
Sunnyland, Inc., Adair Avenue (4-3987)
Robert E. Thornburg and Dora M. Thornburg
Ohio Boulevard (4-5568)
Statutory Warranty Deeds
Robert E. Thornburg and Dora M. Thornburg
Portland Street (4-5569)
William W. Kennedy and Diana K. Kennedy
Mt. Bethel Baptist Church Road (2-3217)
Clifton L. Bridges and Glenda J. Bridges
Sunnyside Drive (1-4122)
Rondal C. Hogan and Zona H. Hogan
Edward M. Robb and Emma Jean Robb
Robert T. Hogan and Claydean K. Hogan
Robert K. Hogan and Sarah L. Hogan
S. Buckhill Road (2-2439)
Public Services/Roads-County & State/Signs
Request from Public Services for approval to post speed limit signs on the following roads, in the Seminole Springs area: Leonard Way (4-6087), Lester Way (4-6787), Ranch Road (4-6588), Leslye Lane (4-6589), Clara Street (4-6487), Martin Street (4-6387) and Greentree Lane (4-6186).
Public Services/Roads-County & State/Signs
Request from Public Services for approval to post speed limit signs on the following roads, in the Umatilla area (CR 450 west of SR 19): Lake Yale Road (5-7753), Yale Hammock Road (5-7751), Lake Yale Boat Ramp Road (5-7651), West Lake Yale Road (5-7848), Umatilla Road (5-8047), Rigdon Road (5-8147), and Julia Boulevard
Deeds/Roads-County & State/Public Services
Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:
Applicant: David E. Martin
Location: Crest Haven Addition,
Section 15, Township 18 S, Range 26E
Recommend: Reserve 33 ft. from centerline of Crest Haven Court (5-7658A)
Deeds/Roads-County & State/Public Services
Request from Public Services for approval to accept the following recorded Warranty Deed:
Johns Lake Property
Grantor, Ralph D. Suggs
Accounts Allowed/Contracts, Leases & Agreements
Request from Public Services for approval for the Chairman to execute an agreement with the City of Mt. Dora, a recipient of the Parks and Recreation Capital Improvement Program's $30,000.00 funding that was approved by the Board, relating to the contribution of infrastructure sales tax funds, for recreational programs, for the construction of handicap accessible restrooms and a covered pavilion at Cauley Lott Park.
Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for approval to advertise Vacation Petition No. 749, by Thomas Byrnes, to vacate utility easement, Vistas Subdivision, Sections 8 and 9, Township 23, Range 26, Lake Louisa area (South Clermont) - Commissioner District 2.
Public Services/Rights-of-Way, Roads & Easements
Request from Public Services for approval to advertise Vacation Petition No. 753, by Robert Simpkins, to vacate drainage easement, Sorrento Acres, Section 25, Township 19, Range 27, Sorrento area - Commissioner District 4.
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, as follows:
A) Authorization to Seek Bids, Proposals, and Professional Services.
1) PUBLIC SERVICES $230,000.00
Authorization to seek bids and award to the low, most responsive bidder, for one new 46,000 pound landfill compactor, for Solid Waste.
C) Award Bids and Proposals and Issue Purchase Orders and/or Contracts.
1) COMMUNITY SERVICES $ 10,000.00
Authorization to award and issue Purchase Orders for Bid
#B-3-4-10, morgue supplies. The following vendors were line item low, that met bid specifications:
Awarded Vendors Line Items Awarded
Lab Safety #26,40
Fisher Scientific #2,6,7,8,9,10,11,12,18
" " #27,30,31,34,41,42,43,49
Aero Products #5,14,15,27,21
Quad B #19 Shandon Lipshaw #28,35,37,38
It is also requested that we reject all bids for the following line items, because they did not meet the specifications, or the specifications were incorrect:
Items 1,3,4,13,16,20,22 thru 25, 29, 33, 36, 44, 46 thru 48,
50, 51. Those items not awarded will be quoted, as needed, under revised specifications, until next year's annual morgue supply bid.
F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.
1) SHERIFF/PURCHASING $ 34,800.00
Christopher C. Ford/Authorization to extend existing lease and have the Board authorize the contract, pending the County Attorney's final approval. This agreement is for the rental of the Sheriff's office in Tavares. Terms of this agreement is from February 1, 1994 through January 1, 1995.
Accounts Allowed/Contracts, Leases & Agreements
Office of Tourism
Request from Office of Tourism for approval and execution of the advertising contract between Lake County and Worth International Communications Corporation, for the 1995 Florida International Travel Planner. Fiscal Impact: $3,034.50.
A brief discussion occurred regarding this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board directed staff to prepare an executive summary, or synopsis, of the individual changes being made in the proposed Purchasing Manual, which includes the Purchasing Policy and the Acquisition of Consultant Professional Services Policy, for the Board's review, and to provide same to the Board, prior to it being placed back on the agenda, for approval.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
Mr. Pete Wahl, County Manager, informed the Board that Tab 21, a request for approval to establish a neighborhood community center, in the Eustis area, and provide $29,122.00 for needs, established by residents of Bates Avenue, to begin the center's activities, was being withdrawn, at this time, due to the fact that it was not ready to go forward, as originally anticipated.
BUDGETS/OFFICE OF BUDGET
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from the Office of Budget for approval of the Budget Calendar for Fiscal Year
ACCOUNTS ALLOWED/COMMUNITY SERVICES/GRANTS
Ms. Judy Edwards, Coordinator for the Lake County Citizens' Commission for Children, appeared before the Board stating that a change had been made in the original budget that was submitted. She stated that the fiscal impact of this request, to the County, will be $80,320.00, rather than $100,000.00, as originally indicated.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Community Services for approval of a Juvenile Justice Partnership Grant, to address juvenile crimes in Lake County, and projects of sub-grantees, MAD DADS, and 4-H. Approval of the request will be pending the preparation and approval of the County Attorney's Office and the Office of Budget. Fiscal Impact: $80,320.00.
ACCOUNTS ALLOWED/COMMUNITY SERVICES/PUBLIC HEALTH
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Community Services for authorization to pay Shands Hospital, for an inpatient hospital stay, for a Lake County resident, under the Health Care Responsibility Act. Total expended: $18,290.70.
COUNTY EMPLOYEES/HUMAN RESOURCES/PURCHASING
A brief discussion occurred regarding this request, at which time it was noted that the position in question was approved at mid-year, 1993, and is not a new position that was created.
On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Human Resources for authorization to reclassify the Secretary II position, Pay Range 120-01, to Purchasing Assistant, Pay Range
124-01, in the Office of Purchasing. Fiscal Impact: $1,218.00.
COUNTY ATTORNEY/COUNTY EMPLOYEES/HUMAN RESOURCES
Commr. Cadwell informed the Board that, when the County originally accepted applications for the position of County Attorney, he was disappointed in the number of applicants that applied, even to the point of requesting the Board to readvertise somewhere else. He stated that he thought the matter through and decided to ask Mr. Frank Gaylord, Interim County Attorney, whom he feels has done a fine job for the County, if he would be interested
in taking the job full time. He stated that he discussed it with Mr. Gaylord and Mr. Gaylord indicated that he would be interested in the job.
A motion was made by Commr. Cadwell and seconded by Commr. Bailey that the Chairman sit down with Mr. Gaylord and work out a contract, to retain him as the County Attorney.
Under discussion, Commr. Swartz stated that Commr. Cadwell's motion concerned an issue that was not on the agenda for the Board to discuss this date. He stated that the issue on the agenda was a request from staff for action on the interviewing process, traveling expenses, and review of the Selection Advisory Committee, therefore, with regard to the procedure that was discussed at their recent retreat, the issue Commr. Cadwell brought to the Board's attention would be inappropriate to consider at this time. He stated that, if the Board wanted to consider the issue an emergency item and discuss it in that fashion, then he would be willing to do so.
Commr. Hanson suggested that the matter be brought back to the Board in two weeks, at the next regularly scheduled meeting.
Commr. Cadwell stated that he was not asking that Mr. Gaylord be appointed as the full-time County Attorney, this date, he was only requesting that the Chairman sit down with Mr. Gaylord and work out a contract, which would be brought back to the Board, for approval, at a later date. He stated that he felt the County should not expend monies to bring applicants in for interviews, knowing that the Board is not interested in them, and that it would be unfair to the applicants to do so, as well.
Commr. Bailey stated that he, too, was unimpressed by the number of applications the County received, nor was he impressed by the applicants themselves, in looking at their applications. He stated that he was very comfortable and happy with Mr. Gaylord and the job that he has done, thus far, therefore, was supportive of
the motion, although it was not on the agenda to be discussed this date. He concurred with Commr. Hanson's suggestion that the matter be brought back to the Board, at the next regularly scheduled meeting, when the full Board would be present.
Commr. Cadwell withdrew his motion.
Mr. Gaylord, Interim County Attorney, informed the Board that he and Commr. Cadwell had briefly discussed the matter and that, from a personal standpoint, he would need to work through the logistics of it, if, in fact, it were to happen. He stated that it is not something that he would be prepared, this date, to say that he would accept and that he would need more time to explore the
possibility and how it will affect his present situation.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved to table Tab 24, a request from Human Resources for approval of the list of interviewees for the position of County Attorney; date for interviews; payment of travel expenses; and authorization for appropriate moving expenses for the selected candidate, until further notice.
Commr. Swartz voted "No".
Commr. Cadwell then requested that the matter of Mr. Gaylord being appointed as the County Attorney be brought back up under his Commissioners' Business, at a later time.
Commr. Hanson stated that she has also been very impressed with the Interim County Attorney, Mr. Gaylord, noting that she feels he has done a very good job for Lake County.
CONTRACTS, LEASES & AGREEMENTS/GRANTS
PLANNING AND DEVELOPMENT/RESOLUTIONS
Mr. Mark Knight, Chief Planner, Planning Department, Planning and Development, appeared before the Board stating that the request before them had three (3) parts and that, at this point in time, his department would like to reconsider the second part of the request (the reorganization plan) and bring it back to the Board, at a later date, in order to manage the administration of the grant
Mr. Knight requested approval of the other two parts of the request, one being a Resolution identifying the Chairman of the Board of County Commissioners and the County Manager as the two people authorized to submit payment requests, pursuant to the grant in question. He noted several typographical errors contained in the Resolution.
Mr. Knight informed the Board that he had received a memorandum, dated January 28, 1994, incorporating all the exhibits of the contract, as well as a revised Page 1 of the contract. He stated that, with the exception of the money, all of them will go together as one packet, however, there are two separate issues, one being the adoption of the Resolution identifying the Chairman and the County Manager as the two people authorized to submit payment requests, and the other being the acceptance of the contract.
A brief discussion occurred regarding the matter.
Commr. Hanson commended Mr. Knight and staff for their hard work and effort, in obtaining the grant in question, noting that the residents of Mt. Plymouth and Eustis will appreciate their efforts.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development for approval and signatures on a Resolution identifying individuals authorized to submit payment requests, being the Chairman and the County Manager, to provide for acceptance of grant monies through the Community Development Block Grant (CDBG), for Neighborhood Revitalization. Fiscal Impact: $550,540.73.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development for approval and execution of Contract No. 94DB-19-06-45-01-N17, to provide for acceptance of grant monies through the Community Development Block Grant (CDBG), for Neighborhood Revitalization.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
OFFICE OF TOURISM
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Office of Tourism for approval to execute an advertising agreement with Worth International Communications Corporation, for advertising in the Florida Vacation Guide 1994-95, and to encumber and expend funds, in the amount of $6,753.25.
No other business was discussed at this time.
Mr. Pete Wahl, County Manager, informed the Board that they had requested staff to create a policy that would provide the County with a method of providing assistance for non-profit organizations, due to the fact that several had approached the County for assistance, in trying to accomplish some of their efforts. He stated that staff had put together a policy establishing a review procedure by which to accommodate such activity. He informed the Board what the policy does.
A brief discussion occurred, at which time Mr. Wahl answered questions presented by the Board.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the County Manager for approval of a policy which would establish a review procedure for requests for pro-bono services from non-profit organizations.
LANDFILLS/LAWS & LEGISLATION/PLANNING AND DEVELOPMENT
SOLID WASTE/STATE AGENCIES/ZONING
Mr. Frank Gaylord, Interim County Attorney, updated the Board on the following issues:
(1) The County has acquired the properties adjacent to the Astatula Landfill, has closed on same, and is in the process of paying out the proceeds to the sellers.
(2) The Comprehensive Plan defense begins February 15, 1994, therefore, he will not be present at the Board Meeting scheduled for that day, however, Mr. Tim Hoban, Senior Assistant County Attorney, will be present in his absence. He stated that staff is prepared to go forward in the defense of the Comprehensive Plan.
(3) He has had a meeting with the Department of Community Affairs (DCA) and with Mr. and Mrs. Brady, regarding the issue of kennels in the Wekiva area, trying to resolve differences, however, he is not sure that they can be resolved. He stated that it is DCA's position that they do not want to have a kennel in the Wekiva area.
Mr. Gaylord, Interim County Attorney, stated it is also DCA's position that, if there are existing kennels in the Wekiva area, they are grandfathered in. He stated that he hoped to have something more definitive, to bring to the Board, as time goes on.
Commr. Hanson questioned whether DCA's definition of a kennel is five (5) dogs.
Mr. Gaylord stated that DCA is trying to define a differentiation between a commercial and a private kennel.
Commr. Swartz requested that this item be put on the agenda, for Board discussion, noting that, to his knowledge, it had never been before them. He stated that the County is in an administrative hearing process over certain land development regulations, dealing with the Comprehensive Plan, yet, the issue before them had never been discussed by the Board.
Commr. Swartz stated that Mr. Gaylord was in negotiations with DCA concerning an issue that he did not know the details of. He stated that he did not know what the County had been challenged on and had not had an opportunity, as an individual, nor had the Board had an opportunity, as a Board, to decide if, in fact, they want to change the Comprehensive Plan, with regard to the issue. He stated that it is time for the Board to know the details of the issue and decide what they want to do.
Mr. Gaylord, Interim County Attorney, stated that he had provided the Board, through the Board Office, with a copy of the Order finding the County in non-compliance. He stated that it is a fairly detailed Order, detailing DCA's position, as far as the Wekiva area is concerned. He stated that he was not, at this point in time, negotiating with DCA and did not have the authority to bind the Board. He stated that he was engaging in conversation, trying to find out everyone's position and whether or not there is a common ground. He stated that, if there is a common ground, he will bring it before the Board, for action.
Commr. Swartz stated that, at the time that the conflict arose, the Board should have been involved, in order to enable them to make a decision as to whether or not they wanted to make the changes, or go through an administrative hearing. He stated that now the County has gone through an administrative hearing and has been found to be not in compliance.
Mr. Gaylord, Interim County Attorney, stated that the meeting he alluded to was an informal hearing, conducted by DCA, at which time DCA made the determination that the County was not in compliance. He stated that the matter is now scheduled for a formal hearing.
Further discussion occurred regarding the issue.
Commr. Hanson stated that, until the Board determines what DCA's definition of a kennel is and what they are going to require, she did not feel that the Board could make a determination on the matter.
Mr. Gaylord, Interim County Attorney, stated that, hopefully, in the next two weeks, staff will have had their conversation with DCA, formulated exactly what position they will take, and determined whether there is any common ground.
Commr. Bailey requested Mr. Gaylord to bring back to the Board information and options and noted that the Board will proceed from there.
Mr. Gaylord, Interim County Attorney, informed the Board that there has not been any communication from his office to DCA, since he came on board in October of 1993, because, at that time, the issue was pending with DCA. He agreed that the Board should have been informed of the details, at the time of the formal hearing, and questioned whether they wanted to stand by the intent of the Legislature, or whether they wanted to modify it.
Discussion continued regarding the matter.
No action was taken at this time.
PLANNING AND DEVELOPMENT
Mr. Pete Wahl, County Manager, informed the Board, for informational purposes, that there is an area under discussion, in West Orange County, called Horizons West and that staff has asked Mr. Bruce McClendon, the Orange County Planning Director, to come and brief the Board on what they are looking at, at this time, in terms of that project. He stated that staff had suggested the morning of February 10, 1994 (a Water/Wastewater Workshop has been scheduled for that date), however, it is pending Mr. McClendon's ability to schedule same.
No action was needed or taken.
BUILDING DEPARTMENT/LAWS & LEGISLATION
Commr. Bailey brought to the Board's attention the matter of new regulation regarding wind load standards on new construction. He stated that, when the new regulation was adopted, he thought it dealt mostly with residential and commercial type buildings, however, has since learned that it pertains to any type of structure and he feels that is unreasonable. He requested the Board to consider exempting agricultural structures. He stated that staff had put together a preliminary copy of the exemptions and exceptions to wind load standards requirements utilized by several surrounding counties, for the Board's review.
Commr. Hanson stated that it had been brought to her attention just how serious an impact said regulation could have, due to the fact that it covers all structures, not just residential houses. She stated that she would like to see the Board take some action, because there is no way to certify a polebarn, to withstand winds from tornadoes or hurricanes, and that all it will do is add costs to the construction of the polebarn and will not accomplish anything when it is done.
Commr. Bailey stated that most of the structures in question are built by the homeowners themselves and the homeowners are not going to be able to afford to hire an architect or engineer.
Mr. Pete Wahl, County Manager, informed the Board that the State of Florida is considering an exemption for agricultural buildings, however, noted that, in staff's estimation, there is still some definition problems with what is being proposed. He stated that it has not yet been adopted by the State, it is under consideration, for adoption, and that it does not go as far as including boat docks, boat houses, boat covers, etc.
Discussion occurred regarding what types of structures would be exempt, at which time Mr. Paul Bergmann, Director of Planning and Development, appeared before the Board stating that the exemption area is a gray area. He stated that he had spoken with Mr. Jack Bragg, Building Official, and was told that the exemptions were never well defined.
Commr. Swartz stated that, with regard to an agricultural exemption, he felt that it would be appropriate for staff to bring forward whatever is necessary to provide relief, with some clarifying categories and information. He stated that, before the Board decided to act on the other types of exemptions, he would like to know that they are not creating another storm problem.
Mr. Wahl, County Manager, informed the Board that Commr. Gerber had informed him that she had heard, relative to aluminum structures of various types and sizes, that there were concerns about the wind load standards.
Mr. Steve Richey, Attorney, representing Mr. Charlie Rector and Mr. Tex Merritt, two local contractors, appeared before the Board stating that his clients had some concerns about the fact that the Building Department is requiring the same criteria for boat docks, boat houses, decking, and sea walls as they are for buildings, because they consider them to be structures. He stated that it would be quite costly for one to have to meet the required standards for these types of structures. He stated that nobody wants to put the public at risk, but, with regard to the costs involved, he would like for the Board to look at these types of uses, as well.
Commr. Swartz stated that he would like for the Building Official to review some of the different types of structures that fall within the new regulation, with respect to wind load standards on new construction, that may not make sense and bring a recommendation back to the Board, at a later date.
Mr. Rector appeared before the Board stating that he felt there was a misunderstanding, with regard to the interpretation of the new regulation, by the Building Official. He stated that he was not asking for an exemption, he just did not want to have to pay engineering costs for something that may have been misinterpreted.
Commr. Hanson stated that she felt the reason this issue has come forward is for insurance purposes, noting that a lot of the buildings in question are not insured and this may be something that the Board might also want to consider. She requested staff to move forward as quickly as possible.
No action was taken at this time.
Commr. Hanson informed the Board that she would like to establish the Town Hall Meeting Schedule, therefore, requested each Commissioner to come up with a date for holding a meeting in their district, as follows, and that said dates be arranged through Ms. Ava Kronz, BCC Office Manager:
March - District 1
May - District 2
July - District 3
September - District 4
November - District 5
ADDENDUM NO. 1
COUNTY MANAGER (CONT'D.)
Mr. Pete Wahl, County Manager, informed the Board, for informational purposes, that the Ocklawaha Chain of Lakes Restoration Task Force would like to hold a workshop meeting with the Board on March 15, 1994.
It was the consensus of the Board to do so.
No action was needed or taken.
RECESS & REASSEMBLY
At 10:45 a.m. the Chairman announced that the Board would recess until 11:00 a.m. for a Workshop Meeting.
LAWS & LEGISLATION/PRIVATE INDUSTRY COUNCIL/STATE AGENCIES
Ms. Robbie Baird, Director of the Private Industry Council (PIC), appeared before the Board stating that she was present as a result of a recent meeting that held, on behalf of the Private Industry Council's Board of Directors. She noted that there are some initiatives happening at the State level and, regarding those issues, had invited Mr. Larry Tomasetti, Executive Director of the Private Industry Council for Lake, Volusia and Flagler Counties, to speak to the Board.
Mr. Tomasetti appeared before the Board stating that, over the last six months, there has been a move by the Department of Education, the Department of Commerce, and the Department of Elder Affairs to structure the way that Job Training Partnership monies come down to the local level. He stated that, over the course of time, it will remove the ability of the elected officials in Lake, Volusia, and Flagler counties to make decisions on the types of programs that are operated in said counties.
Mr. Tomasetti stated that the Governor and the Lieutenant Governor, along with a few legislators, are now introducing legislation to move said monies to different departments. He stated that the Private Industry Councils across the State are very concerned about the erosion of local decision making and their Board of Directors is hoping that the Board of County Commissioners will create a Resolution stating that the departments that were created over the last ten years, the elected officials, the education officials, social service officials, and business officials will still be involved in the development of what happens to the programs in their areas.
Mr. Tomasetti stated that it is not so much the protection of turf, but that the ability to make decisions concerning said monies remain at the local level.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board declared an emergency situation, enabling them to take action this date, regarding the matter before them.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Private Industry Council to create a Resolution leaving the decision making process, regarding Job Training Partnership monies, at the local level.
LAWS & LEGISLATION/ORDINANCES
Mr. Tim Hoban, Senior Assistant County Attorney, appeared before the Board stating that, on January 4, 1994, the Board directed him to draft a Bingo ordinance and, based on the direction that he received, at that time, he drafted a very limited, simple ordinance, which was before the Board this date. He stated that, since the main purpose of the Ordinance was to even the playing field, it was very short. He stated that the way it was drafted, it will limit Bingo to two days per week, per building, and will cost the County zero dollars to implement and enforce.
Mr. Hoban referred to a memorandum, from him, contained in the Board's backup material, dated January 21, 1994, stating that, on Page 2 of said memorandum, he listed thirteen (13) omissions that other counties have in their ordinances and what the Metropolitan Bureau of Investigation recommended be put in this ordinance.
Mr. Hoban stated that he felt the Board could accomplish what they wanted to accomplish, by this ordinance allowing Bingo twice per day, per week, per building. He stated that it is a very
simple ordinance that will be very easy for the Sheriff's Office to enforce, in fact, will be easier to enforce than the current Statute relating to Bingo.
Mr. Hoban referred to Page 1647 of a copy of the Florida Statutes, pertaining to Bingo, which he had distributed to the Board, stating that, apparently, there is some confusion in the State law of how many $250.00 jackpots a facility can have. He stated that, due to the fact that he had received so many complaints about this section of the Statute, he felt that he should bring it to the Board's attention and let them give direction regarding same.
Mr. Hoban stated that some operations will hold a session of Bingo for two hours, stop for a minute and a half, and then hold a second session, therefore, they are getting in six $250.00 jackpots, in a given night, whereas, another organization that is using their own building will only have three $250.00 jackpots per night. He stated that they can have as many $50.00 jackpots, per night, as they wish, without any controversy.
Commr. Bailey questioned whether the Board could make a determination about the number of jackpots that an organization can have in any given night - whether there would be any problem with the Board making a change in that portion of the Statute.
Mr. Hoban stated that he had spoken with a number of people who have spoken with the Legislature and what he is gathering from said conversations is that the Florida Legislature has not taken the issue head on, therefore, there is confusion about the issue. He stated that, for whatever reason, they do not seem to have fully addressed the entire area of Bingo, which is why the Board is seeing so many other counties and cities establishing Bingo ordinances.
Mr. Hoban stated that the one thing he did not want to get into, with this County's Bingo ordinance, was the regulating of the proceeds, such as to what charity the money is given. He recommended that the Board not do that, at least not initially.
Commr. Cadwell stated that the ordinance Mr. Hoban prepared comes about as close as one can get to something that everybody can buy into. He stated that he feels the intent of the Statute
is for a non-profit, charitable organization to hold Bingo two days per week and, outside of that, he would not be interested in getting involved with any more regulation, other than leveling the playing field. He stated that he would not support what is outside the realm of the draft Bingo ordinance before the Board this date.
Commr. Swartz concurred with Commr. Cadwell and noted that the draft ordinance before them this date does what the Board requested it do, which is to try and address the one discrepancy between what the intent of the Statute is and what seems to be happening. He stated that, for that reason, he would want to see the Board go forward with the draft ordinance before them.
Commr. Cadwell stated that he would like to see the Board, at some point in time, pass a Resolution, or direct the Chairman to write a letter to the Legislature expressing some concerns that the Board feels are the Legislature's responsibility.
Commr. Bailey concurred with the statements made by Commrs. Cadwell and Swartz, noting that he feels there are some real inconsistencies and that he hopes the Legislature can clean them up.
Commr. Swartz stated that the County has the ability to adopt ordinances, countywide, but cities have the ability to opt out of those ordinances, if they choose to. He stated that ability is there, whether the Board states that it is there, or not, and that he did not want anybody in the cities to think that the Board does not understand that, by a vote, they can get out of any, or all, of this ordinance. He indicated language that he felt should be inserted in the ordinance, regarding same.
It was the consensus of the Board that said language be inserted in the ordinance, to acknowledge that fact.
Commr. Hanson commended Mr. Hoban for the simplicity of the ordinance. She stated that she agreed with Commr. Cadwell, in that the intent of the law was to provide for gambling, in the form of Bingo, to be a fund raiser for charities and non-profit organizations and that she did not feel that it was intended to be a competitive, free enterprise system. She stated that she felt Mr. Hoban had done the best job he could do, in making the ordinance an easily enforceable one, and one that would not be costly to enforce. She stated that she felt there would not be much enforcement of it, due to the fact that it is so clear cut.
A motion was made by Commr. Swartz and seconded by Commr. Cadwell that staff be authorized to amend the Bingo ordinance, to include an opt-out provision that the cities have, under the Florida Statutes, and that the Board advertise the proposed ordinance for a public hearing.
Under discussion, Commr. Cadwell requested the Board, as they go through the public hearing process, to not weigh the ordinance down with anything other than what it presently contains.
Mr. Hoban requested approval to look over the "whereas" clauses and insert a "whereas" clause or two, in addition to what the ordinance presently contains. He stated that he would like to coordinate with the Metropolitan Bureau of Investigation, just on the "whereas" clauses. He stated that he would add nothing to the substance of it, just one or two additional "whereas" clauses, to substantiate the County's position.
It was the consensus of the Board that Mr. Hoban do so.
The Chairman called for a vote on the motion, which was carried unanimously.
Commr. Swartz suggested that the Chairman write letters to both the members of the Lake County legislative delegation, as well
as the Governor, the Senate President, and the Speaker of the House, expressing the concerns of the Board, and suggested forwarding copies of various ordinances from surrounding counties, who are finding themselves compelled to deal with this issue, because of the inadequacy and lack of clarity of the Florida Statutes, for their review.
Commr. Hanson noted that she would do so.
COMMISSIONERS' BUSINESS (CONT'D.)
Commr. Cadwell requested the issue concerning the appointment of the County Attorney to be placed on the agenda for the Board Meeting of February 15, 1994, for action.
No action was needed or taken.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK