A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 16, 1986
The Lake County Board of County Commissioners convened in regular session on Tuesday, December 16, 1986, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, Tavares, Florida. Present were: James R. Carson, Jr., Chairman; Glenn C. Burhans; Thomas J. Windram; C.A. “Lex” Deems; and Claude E. Smoak, Jr.. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator’s Office; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation, and the Pledge of Allegiance was led by Commr. Burhans.
courthouse/county employees/committees
Discussion occurred regarding a request from the Centennial Committee that the Courthouse be closed at 2:00 p.m. on January 14, 1987 (the night of the Open House and the kickoff for the Centennial Celebration), in order to give the Committee the opportunity to set up for this event and for the custodial staff to have time to clean the building for the Open House.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Centennial Committee for the Courthouse to close at 2:00 p.m. on January 14, 1987 for the reasons stated above.
licenses and permits
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the following Gun Permits and Bonds:
New
Raymond F. Dupuis
James V. Patti
Helen A. Hopkins
Renewal
William S. Wilcox
accounts allowed/courts – judges
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on a Satisfaction of Judgment for Keith Antonio Rozier, Juvenile, and Elnora Rozier, Parent, in the amount of $50, Case No. 82-139-CJ.
reports/indigents/accounts allowed
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the week ending December 5, 1986 in the amount of $25,265.66.
Included in the motion was approval for the payment of Warrant #64195 through Warrant #64575 for the following accounts:
Pasco Fire District County Transportation Trust
Landfills Mosquito Control
General Revenue Countywide Fire District
South Lake Fire District Countywide Library
Mt. Plymouth Fire District Northwest Fire District
Law Library Aquatic Weed
Fine & Forfeiture Private Industry Council
Special Assessments Road Impact
Paisley Fire District Section 8
Bassville Fire District Revenue Sharing
Also included in the motion was approval for payment of the following indigents:
Ms. Dixie Treadway for Susan McEwan/District #1/$50.00
Mr. Robert Bidwell for Delois L. Hudson/District #4/$50.00
county property/committees
Discussion occurred regarding the request for approval from the Lake County Tourist Development Council for the possible purchase of a 40-acre tract of land which adjoins the property recently purchased from the Libby Corporation for the future site of the Lake County Expo Center.
The Board instructed the County Administrator, Mike Willett, to work with the County Attorney in obtaining information regarding who presently owns said property, if said property is available for purchase, and if so what the asking price per acre would be.
bonds/resolutions
Commr. Carson informed the Board that the Public Hearing for the Florida Convalescent Centers Association, Inc., Industrial Revenue Bonds, had been withdrawn by Mr. Dan Robuck, Attorney, representing said petitioner, per their request, as they were unable to meet the County’s requirements.
county administrator’s agenda
signs/roads – county & state
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to post a speed limit sign on Pine Island Drive, #5-6043A at 30 mph.
accounts allowed/public works
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to award two (2) 120 G Caterpillar motor graders to Ringhaver Equipment at a total cost bid of $163,276 with a guaranteed buyback at $65,000 each.
municipalities/resolutions/roads – county & state
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request from the City of Eustis for the County to accept Cardinal Lane (1500 feet, paved portion) into the County maintenance system and to assign it County Road #4-5484.
accounts allowed/road projects
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for partial payment to Trac Roadbuilders for Project No. 1-87, Wolfbranch Road in the amount of $62,868.42.
accounts allowed/road projects/assessments
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for partial payment to Lake Contracting Company for Project No. SA-50, Highland Lakes Subdivision in the amount of $41,909.60.
accounts allowed/road projects
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for partial payment to Asphalt Pavers for Project No. 3-87, Countywide Resurfacing in the amount of $387,450.26.
accounts allowed/road projects/assessments
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for full payment to Paquette Paving, Inc. for Project No. SA-51, Lakeview Heights Subdivision in the amount of $49,669.75.
accounts allowed/road projects
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to award Project No. 8-87 C-565A, Monte Vista Road Resurfacing to Macasphalt, Division of Apac, in the amount of $113,442.00.
resolutions/roads – county & state
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the following roads into the County maintenance system:
1-6612 Trudy Road
1-6511C Wilmington Road
1-6511D Edgewood Drive (portion)
deeds/roads – county & State
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to release the following road reservations, from the Department of Transportation for the following Murphy Act Deeds:
2675 Release all reservations Tavares
2803 Release all reservations E. Umatilla
accounts allowed/municipalities
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to award groundwater monitoring wells, for fuel tank sites at Umatilla, Minneola, and Leesburg in the amount of $7,500 and the sampling of wells at $72 per month to Groundwater Protection, Inc.
agricultural center/accounts allowed
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase a new copy machine at an estimated cost of $4,500.
contracts, leases & agreements/roads – county & state
municipalities
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on an Interlocal Agreement between the City of Tavares and Lake County on the resurfacing of streets in Imperial Terrace East, subject to the approval by the County Attorney.
soil conservation/accounts allowed
Mr. Mike Powers, Soil Conservation Service, appeared before the Board to discuss the request for approval for the purchase of a 4 x 4 utility vehicle at a cost of approximately $13,000 to be used by the Soil Conservation Department.
A motion was made by Commr. Windram and seconded by Commr. Burhans for the purchase of said vehicle for use by the Soil Conservation Department with the stipulation that it be used for hauling the ground penetrating radar equipment only.
After some discussion, Commr. Windram withdrew his motion and Commr. Burhans withdrew his second, with the Board postponing action on the request until later in the day in order to give Mark Burgess, Soil Conservation Service (who was more familiar with the initial request), a chance to appear before the Board for questioning concerning the request.
accounts allowed/planning & development
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase two (2) printer tractor feeds at a cost of $295 each.
bonds – mobile home
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for cancellation of the following mobile home bond:
Anthony Vittorio – Sorrento Area – District #4
subdivisions
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the Preliminary Plat of Cherokee at Leesburg Subdivision.
deeds/fire districts – fire departments
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept a warranty deed from Sec. 18 partnership for a fire station site in the Pennbrook development.
contracts, leases & agreements/fire districts – fire
departments
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to purchase a 1500 gallon Drop Tank Fold-a-Tank for the Okahumpka Fire Department at an approximate cost of $750.
accounts allowed/fire districts – fire departments
budget transfers
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request for the Paisley Fire District to purchase a 200 gallon slide-in unit for the brush truck at an estimated cost of $4,800 and to transfer $2,000 from the Fire District Contingency Fund to Equipment.
accounts allowed/fire districts – fire deparments
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the request for the Lake Jem Fire Department to purchase one floating pump at an estimated cost of $250.
accounts allowed/fire districts – fire deparments
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to purchase the following equipment for the Mid-Florida Lakes Volunteer Fire Department at an estimated cost of $2,650: one (1) Akron hydrant wye; four (4) Turbojet nozzles; and one (1) Supervac smoke ejector.
accounts allowed/fire districts – fire department
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to purchase the following equipment for the Yalaha Fire Department at a cost of approximately $4,500: one (1) canvas fold-a-tank; one (1) 5000 watt generator; one (1) portable intake pump; and one (1) 30’ extension ladder.
accounts allowed/fire districts – fire departments
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request for Fire Protection to purchase a compressor, fittings, and storage bottles for the purpose of filling air tanks at an estimated cost of $4,850.
deeds/zoning
Discussion occurred regarding an environmental easement deed for Mr. Ernest W. Zesch, Zoning Case No. 214-86-4. Mr. Michael Szunyog, Director of Planning, appeared before the Board and stated that the legal for said easement was not correct and requested a postponement of the case until the Zoning Meeting of January 13, 1987.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved postponement of said case until the Zoning Meeting of January 13, 1987 at 2:00 p.m. or as soon thereafter as possible in order to give the petitioner time to obtain a correct legal.
soil conservation/accounts allowed (cont’d)
Mr. Mark Burgess, Soil Conservation Service, appeared before the Board as requested in order to answer questions by the Board regarding the purchase and use of a 4 x 4 utility vehicle at an approximate cost of $13,000 by the Soil Conservation Department. He stated that the District has been requesting said vehicle for a number of years in their budget request, and he understood that the purchase was approved during the summer.
Commr. Burhans recommended that the request be changed to restrict the use of the vehicle to County purposes rather than restricting it just for hauling the ground penetrating radar equipment as recommended earlier.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request by Soil Conservation Service to purchase a 4 x 4 utility vehicle at the State contract cost of approximately $13,000, restricting its use to County purposes only.
landfills/contracts, leases & Agreements/accounts allowed
Mr. Roland Lewis, Solid Waste Disposal Operations Director, appeared before the Board to comment on the Astatula Landfill construction operation area. He then turned the floor over to Mrs. Paulette Alexander and Mr. Alex Hull, P.E., representing Professional Engineering Consultants.
Mr. Hull and Mrs. Alexander discussed with the Board how they became involved and what they have done since being selected to assist the County with the landfill work. A schematic site for Astatula I and II was displayed to the Board and discussion occurred regarding both sites as far as the life expectancy, the cost of running the operations, and restricting Astatula II to ash only.
Mrs. Alexander reiterated her discussion with DER to the Board concerning permitting and the location of the Astatula landfills.
Commr. Smoak recommended that Astatula II be restricted to ash, pursue the five year temporary operating permit for Astatula I, resubmit the application for Astatula II, and pursue them simultaneously, so that the County does have a definitive answer from DER as much as possible.
On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved expending an additional $10,184 for testing as required by the Department of Environmental Regulation.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized the staff to pursue through our engineering firm a temporary operating permit on Astatula I for as lengthy a period as can be acquired up to our legal limit, concurrently or as soon thereafter at the discretion of the engineers which is best; to pursue the modification of the existing permit on Astatula II, and to include in that modification negotiations with DER in assigning ash disposal in Astatula II, as opposed to total waste disposal.
recess and reassembly
At 11:15 a.m. the Chairman announced that the Board would recess and would reconvene at 2:00 p.m. for the Road Closings.
road closings – leesburg area – petition no. 445
No one present wished to discuss the request with the Board. It was noted that the proper proof of publication was on hand as it appeared in the November 26, 1986 and December 3, 1986 editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Burhans, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate that portion of the Leesburg area, as advertised in Petition No. 445 by Dale E. Bartch.
road closings – fruitland park area – petition no. 446
Mr. William Romey appeared before the Board and questioned if the road leading to said subdivision was going to vacate any lots in the subdivision. He stated if not, he was for the vacation.
It was noted that the proper proof of publication was on hand as it appeared in the November 26, 1986 and the December 3, 1986 editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate that portion of the Fruitland Park area, as advertised in Petition No. 446 by Albert and Helen Honeycutt.
road closings – eustis area – petition no. 447
Mr. Ray Gatch, owner of a piece of property to the west of said property, appeared before the Board in opposition, stating that the right-of-way is in his easement, and it is the only access he has to a main road.
Mr. Kevin Burkholder, Petitioner, appeared before the Board and asked the Board to grant a thirty-day continuance in order to clear up any problems there might be.
Commr. Carson submitted for the record letters from Mrs. Howard (Mabel H.) Tibbals and Mrs. Patricia Abel stating their approval of said vacation.
It was noted that the proper proof of publication was on hand as it appeared in the November 26, 1986 and December 3, 1986 editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for a thirty-day continuance to be granted and postponed the case until the Board Meeting of January 20, 1987 (Road Closings.)
road closings – permission to advertise
petition no. 448 – phillipsburg subdivision
Ms. Debbie Hall, Lake Land Planning, and Mr. Robert Williams, attorney representing the Petitioner Mr. Jack Shortt, appeared before the Board to answer any questions there might be.
Mr. George Conn, owner of both sides of said property, appeared before the Board in opposition.
On a motion by Commr. Windram, seconded by Commr. Burhans and carried unanimously, the Board granted permission to advertise that portion of Phillipsburg Subdivision in Petition No. 448 by Robert O Williams, Attorney, representing Mr. Jack Shortt.
petition no. 449 – mt. plymouth area
No one present wished to discuss the request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise that portion of the Mt. Plymouth Area in Petition No. 449 by Raymond J. Kelly.
petition no. 450 – yalaha area
No one present wished to discuss the request with the Board.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board granted permission to advertise that portion of the Yalaha Area in Petition No. 450 by Jim McFarland.
zoning
public hearing lpa 86-6-5 – treasure island corporation
Mr. Steve Richey, attorney representing the Treasure Island Corporation, appeared before the Board to discuss the case and to answer any questions there might be from the Board.
No one present in the audience wished to discuss the request with the Board.
The County Administrator stated that this case first came before the Board several months ago, but was postponed until this date in order for the staff to create a new node in order to accommodate this project.
Mr. Richey stated that a recommendation had been sent to the Board by Planning and Zoning approximately seven months ago recommending approval of this amendment to the Comprehensive Plan increasing the density to 4.75 units per acre.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the recommendation by the Planning and Zoning Commission to create the zoning that will allow 4.75 units per acre for the Treasure Island Corporation, Case No. LPA 86-6-5.
appointments – resignations/committees
Commr. Burhans recommended to the Board that Mr. Derryl Benton, Mayor-elect of the City of Eustis, be reappointed to the Lake County Tourist Development Council.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the reappointment of Mr. Derryl Benton, Mayor-elect of the City of Eustis, to the Lake County Tourist Development Council for a four year term.
resolutions/county property
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved a Resolution of Appreciation to the Libby Corporation for their donation (gift) of the property to be used for the future Lake County Expo Center.
water authority
Commr. Burhans brought to the attention of the Board the fact that he had received a letter from a Mrs. Barbara Wycoff regarding a request for a permit for a ski course on Lake Emma. He stated that the Board has until Wednesday, December 17, 1986 to respond to DER concerning said request.
Commr. Smoak stated that he had spoken to Mrs. Wycoff and
that she had indicated that there was a gentleman by the name of George Roberts
who was applying to the Department of Environmental Regulation to request
authority to put a slalom ski course on Lake
Emma for profit. The Villa City Homeowners’ Association apparently has an
objection to it. DER has contacted Lake County and asked for comments. If DER
does not receive a reply by tomorrow, they will assume that Lake County has no
opposition to the request. Mrs. Wycoff is requesting Lake County to contact
DER and ask for an extension of time.
The Board requested the County Administrator to contact DER by phone this date, as well as send them a telegram that the Board is requesting that a hearing regarding same not be held tomorrow, as there are homeowners in the area in opposition to the request.
pollution control/committees
Commr. Carson brought to the attention of the Board the fact that there is a vacancy for Pollution Control Director and that he was requesting Commr. Deems to be the Commissioner involved in the interviews for said position, to be held on Monday, December 29 and Tuesday, December 30, 1986.
planning department
Mr. Mike Szunyog, Director of Planning, appeared before the Board and stated that his staff would like to briefly go through the Planning Act as it was reconstituted in 1985, with emphasis on the major changes that were made to the Planning Act of 1975 and to comprise the Board of the Schedules, the actions, and the proposals for meeting all of the requirements that have been put together in the past several months. He then turned the floor over to Mr. Rudy Marchese, Planning Department.
Mr. Marchese gave a brief presentation using diagrams regarding Lake County’s current activities in Comprehensive Planning and the Local Government Comprehensive Planning and Land Development Regulation Act as stated in Chapter 163.3 of the Florida Statutes.
Mr. Szunyog further discussed with the Board a recommendation put together by the Planning Department of a structure for citizen participation. He displayed diagrams showing how the process would work.
sheriff’s department/accounts allowed
On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved a request from Sheriff Griffin for approval of an adjustment in his budget in the amount of $84,980.70 needed to cover the cost of food for inmates in the new Leesburg Jail for the remainder of the 1986-87 fiscal year to be taken from the Fine & Forfeiture Contingency Fund.
municipalities/elections
Mr. Gordon Savage, attorney representing the Astor Water/Sewer District, appeared before the Board stating that he was bringing back a problem which had been before the Board at an earlier date in order to try and resolve it. He stated that the Judge had put an injunction against putting the referendum on the ballot because it contained the word “water;” therefore, he was requesting that the Board strike the word “water” from the ballot and approve for it to be placed for a special election sometime in February.
Mr. Savage also stated that he had spoken to Mrs. Emogene Stegall, Supervisor of Elections, regarding the cost of a special election and was informed that it would cost approximately $500, which the citizens of Astor are willing to pay in order for them to get a sewer district.
The County Attorney, Chris Ford, stated that the Statute speaks of sewer and water; however, when the judge made his ruling, he indicated that there were a lot of serious constitutional questions about the Statute itself. He also stated that in order for it to be put on the ballot, ten percent of the voters have to sign a petition.
Commr. Smoak suggested a “straw ballot,” which is non-binding and does not have all the legal ramifications, as stated by the County Attorney.
Mr. Savage questioned who should be allowed to vote – property owners or registered voters?
Commr. Smoak suggested that property owners who are not registered voters be put on one machine and registered voters on another machine for a “straw ballot” election.
On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved for a non-binding “straw ballot” to be held in Astor regarding the Astor Water/Sewer District, with the Supervisor of Elections, Mrs. Emogene Stegall, supervising the election, at a cost of $500 to be paid by the residents of Astor.
Commr. Burhans voted “no.”
county employees/courthouse
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved for the Clerk’s Office as well as other Board of County Commission offices to be closed on Friday, December 26, 1986 as a holiday.
contracts, leases & agreements/landfills
The County Attorney discussed with the Board and requested guidance regarding the contract with NRG/LGM. He stated that he has been talking with LGM, who has been given some sort of proxy or power of attorney by NRG to wheel and deal entirely on their own. He stated that on January 12, 1987, the last extension given expires, so at the Board Meeting of January 6, 1987, the Board will have to do something about an extension. He also stated that since Mr. Walt Walters and Mr. Jan Swiger have not delivered what they said they could, he feels that they need to be out of the contract and the Board needs to be dealing just with LGM so that the County knows they are only dealing with the major corporation at this point.
The Board requested that the County Attorney get together all the information needed for further discussion at the January 6th meeting in order to make a decision regarding the contract with NRG as well as the extension needed.
committees/appointments – resignations
Commr. Smoak requested that the staff provide each Commissioner with a list of the appointive Boards and their terms of office, such as Planning & Zoning, Pollution Control, Code Enforcement, etc. and that the Board have an organizational meeting on January 6 to review those appointments, to be scheduled immediately following the change in Chairmanship.
propertyappraiser/fire districts – fire departments
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved a request from the Property Appraiser’s Office to contract with Mr. George Ludwig to update the computer files regarding the fire tax structure in the amount of $3,375 to be taken from fire tax structure funds.
There being no further business to be brought before the Board, the meeting was adjourned at 4:30 p.m.
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james r. carson, jr., chairman
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James C. Watkins, Clerk