The Lake County Board of County Commissioners met in regular session on Tuesday, May 19, 1987 at 9:OO a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; and C. A. "Lex" Deems. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator: Katherine A. McDonald, County Administrator's Assistant: Robert L. Wilson, Finance Director; and Toni M . Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Deems.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of May 12, 1987, as amended.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH
On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the proper signatures on the renewal of the Child Support Enforcement Service of Process contract for July, 1987, to June, 1988.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the payment of Warrant #68395 through Warrant #68754 for the following accounts:
Paisley Fire District Pasco Fire District
County Transportation Trust Northwest Fire District
General Revenue Mosquito Control
Private Industry Council Countywide Fire District
Bassville Fire District Countywide Library
South Lake Fire District Mt. Plymouth Fire District
Law Library Fine & Forfeiture
Section 8 Eustis Section 8
Landfills Aquatic Weed
Special Assessments Road Impact
Northeast Ambulance Northwest Ambulance
Included in the motion was approval to pay the following indigents:
Mr. Robert DeLancett for David McClendon/$50/District #1
LICENSES AND PERMITS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the following Gun Permits and Bonds:
New Renewals
David H. Cox Joel Deland Lakes
Paul H. Lorentz
REPORTS
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 following weeks:
April 30, 1987 ($14,440.09) May 8, 1987 ($20,102.45)
ACCOUNTS ALLOWED/CLERK
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Term Bill, of expenses incurred for Circuit Court work, for the period of October 1, 1986, through April 30, 1987, in the amount of $62,250.00.
LAWS & LEGISLATION/RESOLUTIONS/STATE AGENCIES
Mr. James C. Watkins, Clerk, informed the Board of a memorandum received from Barbara Sheen Todd, President of the Florida Association of Counties, stating that because of several factors, a situation has been created where interest in the local option sales tax is declining and numerous reasons exist for legislators to not support the measures, which may cause little chance of passing the local option sales tax during the 1987 Session.
Mr. Watkins stated that Ms. Todd stressed taking the following action: (1) to contact, by telephone or letter, each of the members of the legislative delegations and briefly explain the infrastructure needs of the County and urge them to support a local option sales tax for capital purposes, without a referendum, along with the President of the Senate and Speaker of the House, and the Chairmen of the Appropriations and Finance and Tax Committees, in both Houses; (2) solicit assistance and build coalitions on this issue with those interest groups in the County that have a common interest in the local option sales tax; (3) that a public display of support for the local option be demonstrated by the County Commissioners, adopting resolutions in support of the local option sales tax, without a referendum.
Mr. Chris Ford, County Attorney, presented to the Board a resolution for their consideration.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the resolution regarding the above matter, and authorized the proper signatures.
PLANNING DEPARTMENT/ORDINANCES
Commr. Smoak discussed with the Hoard large residential type subdivisions, that have been approved or are before the Planning and Zoning staff, and the inclusion in the plans of recreational space and equipment to service the facility. He suggested that the Planning Department take a look at a change in the subdivision ordinance, which would include within the requirements of platting for subdivision purposes, a requirement for dedication of land for recreational purposes, and a sufficiency of capital funds to pay the costs of improvements for recreational purposes, to serve the needs within that development. He requested that the Planning Staff develop a formula, which would include recreational requirements for residents of new subdivisions, for the Hoard to review at some future date.
ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC HEALTH
Commr. Smoak discussed the tragic incident of the young girl in Minneola, and stated that the family was in need of public assistance for her burial.
Mr. Michael C. Willett, County Administrator, recommended the County pay the total amount of $300.00, even though there have been some community support in donations.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Hoard approved for the County to render assistance to the family indicated, within the limitations of the authority of the Board of County Commissioners, in the amount of $300.00.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from Noel E. Griffin, Jr., Sheriff, for monies in the amount of $70.00, for tuition fees, for sending Investigators Rocky Harris and James Mock to an Identi-Kit Training Course, held at the St. Petersburg Junior College, in St. Petersburg, Florida, April 21-22, 1987, pursuant to Florida Statute 943.25 (8)A, Lake County Ordinance 1982-l.
APPOINTMENTS-RESIGNATIONS/POLLUTION CONTROL
Commr. Windram brought to the attention of the Board a memorandum from Donald Findell, Director of Pollution Control, in reference to the expiration of terms for the Pollution Control Board members. He asked that the Board take under consideration the information provided. This item has been scheduled for the first meeting in June.
COMMISSIONERS
At 9:20 a.m. Commr. Windram turned the chairmanship over to Vice-Chairman, Commr. Burhans.
COUNTY ADMINISTRATOR'S OFFICE
ACCOUNTS ALLOWED/AGRICULTURAL CENTER
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved the request for three 4-H members and one adult leader to attend the 1987 Citizenship-Washington Focus, in Washington, D.C., June 13-20, 1987, at a cost of $880.00.
Commr. Windram was not present for the vote.
COUNTY ADMINISTRATOR/STATE AGENCIES
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved the request to acknowledge receipt, with no objections, to the proposed purchase of land, in the Domingo Fernandez Grant, by the Forest Service.
COMMISSIONERS
At 9:25 a.m. Commr. Burhans returned the chairmanship to Commr. Windram.
MUNICIPALITIES/RIGHT-OF-WAYS, ROADS & EASEMENTS/ROADS-COUNTY
AND STATE
Mr. Michael C. Willett, County Administrator, discussed the request to sell County owned railroad right-of-way along Highway 561, in the Town of Minneola, retaining right-of-way at the intersection of SR561 and Main Street.
Mr. Willett stated that he had written the City of Minneola requesting their interest in the property. The letter received from the City indicated that they did not have any interest.
Commr. Smoak stated that there used to be two tracts, one tract was abandoned a number of years ago, with the ownership being acquired by the County. The second tract was abandoned in the last couple of years and is currently in the ownership of the railroad company.
It was noted for the record that a letter was received from May Griffith indicating her interest in purchasing the property owned by the County.
Commr. Smoak stated that he felt the City of Minneola is confusing the two pieces of property.
Mr. Willett stated that the County will go on and get an appraisal.
Commr. Smoak stated that, if the City of Minneola would be interested in using the property for recreational purposes, the County may be interested in entertaining a long-term no-cost lease, as opposed to selling it. He suggested that Mr. Willett correspond with the City for a response on this matter.
ACCOUNTS ALLOWED/ASSESSMENTS/RESOLUTIONS
At 9:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on Special Assessment #53, Mt. Plymouth.
Mr. Michael C. Willett, County Administrator, informed the Board that the low bidder was Superior Asphalt, in the amount of $906,972.50.
Ms. Terri Askins appeared before the Board to question the amount of road to be used for the right-of-way.
Mrs. Elen Forbe appeared before the Board and stated that she was informed that the maximum amount of property that she and her husband would lose would he 30 feet, hut yesterday discovered that they would he losing 80 feet.
Mr. Bob Dunn, who lives next door to the Forbes, stated the measurements of the Forbe's lots show that the right-of-way goes right through their yard.
Mr. Robert Harrison appeared before the Board and requested the formula used by the County to assess the footage.
Mr. Jack Roberts appeared before the Board and stated his concerns with the costs that were presented in the beginning of the property as opposed to the actual costs today. Be thought that the whole project would be pro-rated.
Mr. Bob Lumberg appeared before the Board and objected to the majority of their woods being removed for the project.
Mr. Ben Benedum, Director of Public Works, and Mr. Wade Curtis, Public Works, were present to answer the questions of the audience.
Mr. Walter Rushing, Glen Eagles Street, appeared before the Board and stated that he was opposed to the project because of the high costs.
Mr. Brian Miller appeared before the Board and stated that he felt the project will improve his property value. He stated that his only objection was people driving through his property, and therefore, requested that the 230-300 feet of road between Prestwick and Biltmore (Baird Street) be included in the paving project. Mr. Miller stated that he would he willing to dedicate 25 Eeet of land to the County.
Commr. Smoak made ,a motion for the Board to authorize the Public Works Department to include this portion of road, as a change order to the assessment roll, going through the necessary public hearings to amend the assessment roll, provided that the County secure the right-of-way necessary to complete the project, and with approval from the St. Johns River Water Management District.
Commr. Windram relinquished the Chair to Commr. Burhans, in order to make the second to the motion on the floor.
The motion carried unanimously.
Mr. Douglas Durell appeared before the Board stating that he was totally against the project. He further stated that he moved to this area to get away from crime and high taxes, and that he was opposed to the County's procedures used for such projects.
Mr. Chester Jasper appeared before the Board stating that he was in favor of the project.
Mrs. Peg Reatty appeared in behalf of the Landowners Association and extended their appreciation to the Board for its assistance and cooperation in the development of this project.
On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved the assessment roll for Special Assessment #53, Mt. Plymouth, and awarded the low hid to Superior Asphalt, in the amount of $906,972.50.
RECESS & REASSEMBLY
At 10:30 a.m. the Chairman announced that the Board would recess for five minutes.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
CONTRACTS, LEASES & AGREEMENTS/EMERGENCY MANAGEMENT
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for the signature of the Chairman, on an agreement between Lake County and Group Six Civil Air Patrol, detailing services to he made available during an emergency.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Yalaha Volunteer Fire Department to purchase two turbojet nozzles, at an estimated cost of $533.00.
ACCOUNTS ALLOWED/MOSQUITO-AQUATIC WEED CONTROL
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to promote Jeffery Maxwell from Mechanic to Chief Mechanic, at a salary of $13,500.00.
APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to appoint Richard Boliek to the Code Enforcement Board to fill a vacant position, with the term expiring October 31, 1988.
The Board directed a letter of appreciation to Mr. Ben Glass.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT/DEVELOPMENT
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request to purchase a Burroughs Corp. computer terminal and printer, at an estimated cost of $1,600.00.
BONDS - MOBILE HOME
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the cancellation of the following mobile home bond:
Eleanor Nation - Lady Lake Area - District 41
ACCOUNTS ALLOWED/CONTRACTS LEASES & AGREEMENTS/WATER AUTHORITY
STATE AGENCIES
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for signatures on the Joint Funding Agreement for investigation of water resources between USGS, the Lake County Water Authority and the Board of County Commissioners, in the amount of $7,900.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for Change Order #l, for Project 4-87, Goose Creek/Harbor Shores, in the amount of $4,132.30, for a total contract, in the amount of $139,062.82, with Hewitt Contracting.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request for Change Order #l, for Project 6-87, adding the intersection of St. Clair-Abrams/Old 441, in the amount of $75,838.48, for a total contract, in the amount of $197,559.06, with Superior Asphalt.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request for partial payment to Asphalt Pavers, for Project 7-87, Cherry Lake Road/CR466/Lady Lake, in the amount of $89,589.23.
MUNICIPALITIES/ROADS-COUNTY AND STATE/PUBLIC WORKS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to transfer maintenance of CRl-7504, Clay Avenue, to the Town of Lady Lake.
ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE/PUBLIC WORKS
On a motion by Commr. Deems, seconded by Commr. Rurhans and carried unanimously, the Board approved the request for one-time maintenance for W. G. Wells, Jr., on Orange Avenue, in the amount of $30.00.
PUBLIC WORKS/MUNICIPALITIES
On a motion by Commr. Rurhans, seconded hy Commr. Deems and carried unanimously, the Board approved the request to close the Astor Transfer Station on Sundays, effective the first Sunday in June.
DEEDS/RIGHT-OF-WAYS - ROADS & EASEMENTS
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
William and Doris Johnson - CR2-1311 Ag Road
Betty Jean Drew - CR2-1311 Ag Road
Clyde T. and Gwendolyn Puryear - CR2-1311 Ag Road
Lawrence D. and Gloria Filiherti - CR2-1311 Ag Road
Robert J . Brodin - CRl-7813 Gator Lake Road
Perry and Shirley Pitts - CR2-1312 Rester Road
J. 0. Gentry - CR2-3110 Haywood Worm Farm Road
Katrenia L. Gentry - CR2-3110 Haywood Worm Farm Road
Charlie and Elzie Taylor - C-455
Omer A. Schrock - Merry Road Extension
DEEDS/ROADS-COUNTY AND STATE
On a motion by Commr. Rurhans, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the deed to Omer A. Schrock - Merry Road Extension - deeding hack 66' of right-of-way, as recorded in OR Rook 905, Page 2184.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Darrell Frantz to attend the Gasoline Conservation Assistance Program, in Gainesville, Florida, May 19-21, 1987, in the amount of $120.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LAWS &
LEGISLATION
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the agreement between the Board of County Commissioners and F. Philip Blank, P.A., Lobbyist, for a period not to exceed one year, in the amount of $15,000.00.
PUBLIC WORKS/ROADS-COUNTY AND STATE
Mr. Jim Stivender, Engineer, appeared before the Board to discuss the Lake County Five Year Road Capital Improvement Program Utilizing Impact Fee Funding. He stated that the total costs incurred, using impact fees, was $742,491.33, but not necessarily spent for road projects, as of April, 1987.
Mr. Paul Bryan, City Commissioner, Umatilla, appeared before the Board to discuss the proposed projects within his area.
Mr. Ben Benedum, Director of Public Works, was present to discuss the different proposed projects.
Commr. Smoak and Commr. Deems discussed with Mr. Chris Ford, County Attorney, the possibility of having a conflict of interest, due to having an interest in some of the property Located on the roads within their areas.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Lake County Five Year Road Capital Improvement Program Utilizing Impact Fee Funding, minus #4 and #9 in Planning Area B, and minus #2 and #4 in Planning Area C.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved #4 and #9 in Planning Area B.
Commr. Deems declared a conflict of interest, due to having an interest in property located on these roads, and did not vote.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried, the Board approved #2 and #4 in Planning Area C.
Commr. Smoak declared a conflict of interest, due to having an interest in property located on these roads, and did not vote.
RECESS & REASSEMBLY
At 11:25 a.m. the Board recessed Eor lunch and reconvened at 2:00 p.m for the public hearings on road closings.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ROAD CLOSINGS - Pittman Subdivision Umatilla Area
Petition #458
Mr. Thomas Fugua, petitioner, was present to discuss this request.
It was noted that the proper proof of publication was on hand as it appeared in the April 30, 1987, and May 7, 1987, editions of the Sentinel Star, Lake Little Sentinel.
At this time the Board postponed the above request for fifteen minutes, until council arrived for the petitioner.
ROAD CLOSINGS - Fairview Subdivision, Mt. Dora Area
Petition #459
Mr. Larry Taylor, Attorney, appeared before the Board to discuss this request.
Mr. Michael C. Willett, County Administrator, stated that the main objection that the staff had was that the vacation may impede future traffic flow.
Mr. Jack Swain was present and stated that he was trying to develop nine lots.
Mr. Carl Ludecke was present and stated that he objected to the vacation of the road, because of road access.
Mr. Chris Ford, County Attorney, suggested that Mr. Ludecke, Mr. Taylor, and Mr. Swain work with the County staff to resolve the problems.
It was noted that the proper proof of publication was on hand as it appeared in the April 30, 1987, and May 7, 1987, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to continue this request until June 16, 1987, at 2:OO p.m., or as soon thereafter as possible.
ROAD CLOSINGS - Pittman Subdivision, Umatilla Area -
Petition #458 (Cont'd.)
Mr. Buzz Bowen, Attorney, representing Thomas F. and Carolyn K. Fugua, appeared before the Board to discuss this request.
Mr. and Mrs. Vann were present in opposition of this request.
It was noted that the proper proof of publication was on hand as it appeared in the April 30, 1987, and May 7, 1987, editions of the Sentinel Star, Lake Little Sentinel.
Mr. Bowen informed the Board that the Fuguas have put up a fence, that cost approximately $lO,OOO.OO, and Code Enforcement is citing them for a violation. In order to avoid tearing down the structure, the petitioners are requesting the road vacation, and are willing to give an easement for ingress and egress to Mr. and Mrs. Vann.
Commr. Smoak stated that the Vanns would be gaining ownership of 75 feet; 50 feet of right-of-way to a County maintained road, and 25 feet on the south side.
Considerable discussion occurred regarding the request.
Mr. Chris Ford, County Attorney, recommended that the Board continue this request until next month, giving permission today to advertise the closing of the road going through Mr. and Mrs. Vann's property, allowing time for all legal documents to be prepared, so that at that public hearing, the original road closing, and the closing of the road going through Mr. and Mrs. Vann's property, and the deed and easements can all be considered at the same time.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved to continue this request until June 16, 1987, at 2:00 p.m., or as soon thereafter as possible.
ROAD CLOSINGS - Old Lake Unity Road, Fruitland Park Area
Petition #460
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 30, 1987, and May 7, 1987, editions of the Sentinel Star, Lake Little Sentinel.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried, the Board approved the request to vacate that portion of old Lake Unity Road, Fruitland Park Area, as advertised in Petition No. 460, by Jamie Senatore.
Commr. Burhans was not present for the vote.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition #461 - Pine Island Lake Area
Mr. Steve Ware, representing Bobby Ware, appeared before the Board to discuss this request. He stated that he was trying to get enough footage to build.
Mr. Michael C. Willett, County Administrator, informed the Board of drainage problems involved with this request.
On a motion by Commr. Deems, seconded by Commr. Burhans and carried unanimously, the Board approved the request to advertise that portion of Pine Island Lake Area, in Petition No. 461, by Bobby Ware, with the understanding that the County withhold and retain the entire drainage easement.
Petition #462 - Sorrento Area
Mr. Joseph P. Larkin, III, Attorney, appeared before the Board to discuss this request.
It was the feeling of the Board that the petitioner and other surrounding residents be informed of the serious reservations that the Board has, regarding the vacating of this road.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request to advertise that portion of the Sorrento Area, in Petition No. 462, by Joseph P. Larkin, III, with the understanding that the residents be informed and made aware of the possible results of the approval of this request.
PLANNING DEPARTMENT
Mr. Michael C. Willett, County Administrator, informed the Board of changes to be taking place in the Planning and Zoning Department, such as splitting the duties of the Planning and Zoning Director, with Rudy Marchese becoming the Advanced Planning Director, giving him a S500.00 increase in salary.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request made by Mr. Willett, including the increase in salary for Mr. Marchese.
LAWS & LEGISLATION
Commr. Windram informed the Board that he has requested the Clerk's Office to research the proposal of the legislation, which would divert 50% of the fines for DUI violations to the State of Florida, to be deposited for safe driving.
No action was taken at this time.
WATER AUTHORITY
The Board reviewed the request, from the Lake County Water Authority, concerning assistance in acquiring some park area.
Commr. Windram stated that, not knowing what was going to take place with the one-cent sales tax, he did not feel that the Board would be in the position to make a commitment. Although there is surplus in the account now, there are projected expenditures, such as the closing of landfills, new landfill sites, road projects, and the new jail.
At this time the Board concurred with the feeling of the Chairman.
PLANNING DEPARTMENT/ZONING
Commr. Smoak discussed with the Board an area in south Lake County zoned R-l-7, beginning with Highway 50, running across the Sumter County Line. He requested that the Board concur with him to request the Planning Department to look at and make recommendations to the Board, with steps to take, to conform with the Comprehensive Land Use Plan for all of Lake County.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:55 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/05-22-87