The Lake County Board of County Commissioners met in regular session on Tuesday, November 17, 1987 at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Thomas J. Windram, Chairman; Glenn C. Burhans; Claude E. Smoak, Jr.; and James R. Carson, Jr. 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. Smoak.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the Minutes of November 10, 1987, as amended.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Satisfaction of Judgment for Burgess D. Back, Jr., Juvenile and Burgess Back, Parent, Case No. 87-853-CJ, in the amount of $50.00.
AGRICULTURAL CENTER/CONTRACTS LEASES AND AGREEMENTS/PURCHASING
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the proper signatures on the Interlocal Agreement providing for cooperative purchasing among Governmental Agencies between the Agriculture Stabilization and Conservation Service and the Lake County Board of County Commissioners.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the cancellation of the Contractor Bond for William B. Davis, #4369-87.
LICENSES AND PERMITS
Discussion occurred regarding a request received from Ernest Morris, to cancel his Lake County License to Carry a Firearm, and to refund the $500.00 cash bond, plus interest, deposited June 25, 1984.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to refund the cash bond, without interest, in the amount of $500.00, to Mr. Ernest Morris.
PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports for Lake County, July 1, 1987 to October 31, 1987, from the Volusia, Lake, Flagler Private Industry Council, Inc.
ACCOUNTS ALLOWED
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant #73749 through Warrant #74171 for the following accounts:
Paisley Fire District Pasco Fire District
County Transportation Trust General Revenue
Private Industry Council Countywide Library
Countywide Fire District Landfills
Fine and Forfeiture Law Library
South Lake Fire District Mosquito Control
Aquatic Weed Northwest Fire District
Bassville Fire District Mt. Plymouth Fire District
Section 8 Law Enforcement Trust Fund
Road Impact Special Assessments
Fish Conservation Northeast Ambulance
Northwest Ambulance
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for the following payments to Superior Asphalt for:
Project No. SA-53 Mt. Plymouth $194,894.00
Project 6-87 Intersection (Tavares) $25,027.00
CONTRACTS LEASES AND AGREEMENTS/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for signatures on the 1987-88 Aquatic Plant Control Interlocal Agreement, with the Lake County Water Authority.
ACCOUNTS ALLOWED/BIDS/POLLUTION CONTROL
Mr. Don Findell, Director of Pollution Control, appeared before the Board to discuss the request to seek bids to purchase a Gas Chromatograph, at a cost not to exceed $30,000.00. He stated the following reasons for the purchase: it will assist in the identification of unknown materials in association with the operation of the Hazardous Waste Collection Center, and will also be used to perform the water quality analysis required by the Department of Environmental Regulations (DER), in association with the County's landfills, and to identify unknown materials, in association with illegal hazardous waste disposal sites. Mr. Findell stated that this would save the County a substantial amount of funds (by approximately l/2), by avoiding the delegation of projects to other laboratories.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to advertise to seek bids, for the purchase of a Gas Chromatograph.
LANDFILLS/STATE AGENCIES
Mr. Michael C. Willett, County Administrator, informed the Board that a Consent Order, from the Department of Environmental Regulations, regarding the Astatula Landfill, was received in his office on Friday, November 13, 1987. He stated that the Order contains stipulations for the County to agree upon, which has been forwarded to the County Attorney's Office for review. Mr. Willett stated that the County has 20 days to respond to the Consent Order, which was received eight days after it was written (date of letter - November 4, 1987). He stated that the Order requires a contamination study.
Mr. Don Findell, Director of Pollution Control, addressed the issue of the contamination study, and stated that a response will be made to the Consent Order.
At this time Mr. Willett did not have a recommendation for the Board.
ACCOUNTS ALLOWED/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for a $50.00 petty cash fund, for use by the office of the Director of Health and General Services.
ACCOUNTS ALLOWED/PUBLIC HEALTH
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase an IBM Wheelwriter 6, for the new executive secretarial position in Health and General Services, in the amount of $819.00.
LIBRARIES/REPORTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to accept the final report on library automation, from RMG Consultants, Inc.
ACCOUNTS ALLOWED/MUNICIPALITIES/PLANNING DEPARTMENT
SUBDIVISIONS
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request for final plat approval of Parkwood of Mt. Dora, and the acceptance of an Irrevocable Letter of Credit, in the amount of $125,000.00 for performance.
ACCOUNTS ALLOWED/BONDS/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to release a maintenance bond, in the amount of $3,510.00, on Bennett Subdivision.
DEVELOPMENT/ORDINANCES
Mr. Michael Szunyog, Director of Development Coordination, appeared before the Board to discuss a proposed plat vacation ordinance. The following Section One, of the proposed ordinance, was given as an explanation for the development of such an ordinance:
Section One: The Lake County Board of County Commissioners may, on its own motion, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction, including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or parcels, when:
(a) a minimum of five (5) years has elapsed since the plat of the subdivision was recorded as provided by law, and
(b) in the subdivision or part thereof, not more than ten percent (10%) of the total subdivision area has been sold as lots by the original subdivider or his successor in title; OR
(c) a minimum of two (2) years has elapsed since the plat of the subdivision was recorded as provided by law, and
(d) in the subdivision or part thereof, no part of the total subdivision area has been sold as lots by the original subdivider or his successor in title.
Commr. Smoak stated concerns regarding the clarification with the above section, in reference to (a) and (b) OR (c) and (d).
Commr. Windram discussed the notification provided to the property owners, other than by newspaper advertisement, and Section One (b) requiring 10% of the total subdivision area.
Discussion occurred regarding the problems of voiding subdivisions, where capital improvements have been made.
Mr. Chris Ford, County Attorney, recognized the problems with the ordinance, as expressed by the Commissioners, and stated that all could be rectified by sending the proposed ordinance back to the staff and County Attorney's Office.
Commr. Smoak requested that Mr. Szunyog and his staff develop specific criteria in which this particular ordinance might be applied.
ORDINANCES/ZONING
Mr. Michael Szunyog, Director of Development Coordination, appeared before the Board to discuss a proposed amendment to the Zoning Regulations concerning frontage roads. He stated that the cities and the Planning and Zoning Commission were in support of the proposed ordinance.
The Ordinance provided that Section 70.5 be added to the Zoning Regulations of Lake County containing the following:
70.5 FRONTAGE ROAD DEVELOPMENT STANDARDS
A. Area of Jurisdiction
B. Frontage Road Standards
C. Setbacks
D. Landscaped Buffer Zone
E. Variances
Mr. Jim Stivender, Engineering Coordinator, was present to answer questions regarding the engineering factors involved.
Discussion occurred regarding the responsibilities of the Department of Transportation, with Commr. Smoak stating that he would like to communicate with DOT regarding their requirements in relation to the proposed ordinance.
At this time the Board requested that this proposal be brought back to the Board for consideration on December 1, 1987.
DEVELOPMENT/ZONING
Commr. Smoak discussed with Mr. Michael Szunyog, Director of Coordination, the possibility of a draft document pertaining to park and recreational requirements in a subdivision.
At this time Commr. Smoak requested that a draft document be prepared and presented to the Board for review on January 5, 1988.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request for Robert Harper, Lady Lake Area, District #l, to live on the same piece of property on which his conventional dwelling unit is being built, subject to the proepr bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.
ACCOUNTS ALLOWED/BIDS/PURCHASING/PUBLIC WORKS
Mr. Michael C. Willett, County Administrator, informed the Board that three bids had been received to complete construction of the top floor of the Durden-Wicks Building, for the Public Works Department. The low bid was received from Scheveling Construction, in the amount of $16,863.00.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the bid received from Scheveling Construction, in the amount of $16,863.00, as recommended by the County Administrator.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the Special Minutes of November 6, 1987, as corrected.
RESOLUTIONS
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the Proclamation for Farm-City Week, November 21-27, 1987.
RESOLUTIONS/STATE AGENCIES/WATER RESOURCES
Commr. Windram discussed with the Board a resolution concerning the land swap with Lake Apopka, initially opposed by the South Florida Water Management District. St. Johns River Water Management Authority initiated the plan, which was presented to the Department of Natural Resources.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the land swap with Lake Apopka, as discussed.
APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH
Commr. Carson informed the Board of a letter received from Ms. Betty McCall resigning her position on the North Central Florida Health Planning Council, and recommended the appointment of Mr. Jack Hargrove to fill her position.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved to accept the resignation of Ms. McCall, with a letter to be sent in appreciation for her service, and the appointment of Mr. Hargrove to fill her position.
ACCOUNTS ALLOWED/COMMITTEES/CONTRACTS LEASES AND AGREEMENTS
SHERIFF'S DEPARTMENT
Mr. Chris Ford, County Attorney, informed the Board that the Building Committee met to discuss the request from Sheriff Noel E. Griffin, Jr., to vacate the Belton Building, which he is renting, in the amount of $750.00 per month (1003 square feet). He stated that the Sheriff was requesting authorization to rent the Wollin Building, in the amount of $1,500.00 per month (2,500 square feet), in order to resolve an overcrowding problem. Mr. Ford stated that he had requested that Mr. James C. Watkins, Clerk, review the current lease at the Belton Building. Mr. Ford recommended that the Board authorize the Sheriff to lease the new space, contingent upon the cancellation of the current lease at the Belton Building, which the Board previously approved.
Commr. Carson made a motion to approve the recommendation of the County Attorney.
Discussion occurred regarding the funds being appropriated from the Sheriff's budget.
Mr. Robert Wilson, Finance Director, stated that the funding of $750.00 a month for rent is presently coming from the General Fund.
The motion on the floor died for the lack of a second.
It was the feeling of the Board that the issue involving the first lease at the Belton Building should he resolved before authorizing a new contract.
RECESS AND REASSEMBLY
At 10:35 a.m. the Board recessed until 2:00 p.m. for the public hearings on road closings.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No . 486 - Jaeon Lee - Chetwynd Land Company
Lady Lake Area
The Board answered questions from the audience regarding the vacation of lots.
It was noted that the proper proof of publication was on hand as it appeared in the October 29, 1987, and November 5, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to vacate that portion of the Lady Lake Area, Chetwynd Land Company, as advertised in Petition No. 486, by Jaeon Lee.
Petition No 487 - Earl W. Stockwell - Anderson's Mineral
Water Court - Leesburg Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the October 29, 1987, and November 5, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request to vacate that portion of the Leesburg Area, Anderson's Mineral Water Court, as advertised in Petition No. 487, by Earl W. Stockwell.
Petition No. 488 - Allen Wayne King - Sorrento Area
No one present wished to discuss this request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the October 29, 1987, and November 5, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request to vacate that portion of the Sorrento Area, as advertised in Petition No. 488, by Allen Wayne King.
Petition No. 489 - Edward D. Foster - Lisbon Area
Mr. Michael C. Willett, County Administrator, informed the Board that a letter was received from the Grisbys stating concerns of losing access to their lots, but with no objection to the closing. Mr. Willett stated that the recommendation was for denial of the request.
Mr. Roy Caldwell, representing Ruby Sapp, appeared before the Board in objection to the closing of Florida Avenue, because it would cut off the access to Lots 12 and 13.
Mr. Gary Summers, representing Edward D. Foster, owner of Lots 9 and 10, appeared before the Board to discuss the request. Mr. Summers stated that there are four petitioners involved in the request. He further stated that there would be no denial of access to Mrs. Sapp's property, as indicated on the aerial photographs.
Mr. Summers pointed out that Mrs. Sapp would have almost 1,000 feet of road frontage, giving more than ample access to her property. Commr. Windram suggested a compromise for a 60 foot right-of-way.
It was noted that the proper proof of publication was on hand as it appeared in the October 29, 1987, and November 5, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to postpone action on this request, in order for the property owner's attorneys to prepare the documents and procedures necessary to dedicate the additional 30 foot necessary to give a 60 foot right-of-way on the unnamed road to the south, and thereby gaining from the County the 30 feet of the 60 feet of Florida Avenue, and to appear back before the Board on December 15, 1987.
Petition No. 490 - Roy Greene - Highways 473 and 441
Bassville Park Area
Mr. Michael C. Willett, County Administrator, stated that the recommendation was for denial.
Mr. Greene, petitioner, appeared before the Board to discuss the request. He stated that he needed the additional property for an elevated leach field.
Mr. Willett stated that the County would prefer to keep this for a frontage road, and therefore recommended denial.
It was noted that the proper proof of publication was on hand as it appeared in the October 29, 1987, and November 5, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to deny the request to vacate that portion of the Bassville Park Area, Highways 473 and 441, as advertised in Petition No. 490, by Roy Greene.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No . 491 - France Koon - Craig's Addition
Sorrento Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved to advertise that portion of the Sorrento Area, Craig's Addition, in Petition No. 491, by France Koon.
Petition No. 492 - Neil McMillan - McMillan Replat
East Clermont Area
Mr. Bill Esma appeared before the Board and stated that the petition was filed to vacate the old plat, because of a title defect.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to advertise that portion of the East Clermont Area, McMillan Replat, in Petition No. 492, by Neil McMillan.
Petition No. 493 - John M . Roach - Phillipsburg's Subdivision
Eustis Area
Mr. Michael C. Willett, County Administrator, recommended denial of the request, due to the fact that Mr. George Conn had applied for a vacation of this same road last month and had requested that the petition be withdrawn, due to the fact that Mr. Roach and Mr. Conn could not come to an agreement on the closing of the road.
Mr. Willett also informed the Board that the County now owns a parcel of land adjacent to this right-of-way, but that the road closing would have no affect on the County's plans to construct a fire station on this parcel of land.
Mr. John Roach appeared before the Board to discuss the request.
It was the feeling of the Board not to close the road, but the Board indicated that they would not deny the request to advertise.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to advertise that portion of the Eustis Area, Phillipsburg's Subdivision, in Petition No. 493, by John M. Roach.
COUNTY BUILDINGS AND GROUNDS/LANDFILLS
Mr. Michael C. Willett, County Administrator, asked if the Board would have any objections of a central water system at the Astatula landfill and surrounding industrial sites.
Mr. Jim Stivender, Engineering Coordinator, discussed the wells and potable water supply at the sites.
On a motion by Commr. Burhans, seconded by Commr. Smoak and carried unanimously, the Board approved the concept for the central water system, as discussed, and requested the staff to present statistical figures for the Board's review.
BIDS/PUBLIC WORKS
Mr. Jim Stivender, Engineering Coordinator, presented to the Board a request for a change in the Bid Specification Packet, regarding GR-18 Inspection & Testing of Materials.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the change in the Bid Specification Packet, as presented by Mr. Stivender.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:48 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAEMS C. WATKINS, CLERK
TMA/ll-19-87