The Lake County Board of County Commissioners met in regular session on Tuesday, March 15, 1988, 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: Glenn C. Burhans, Chairman; Thomas J. Windram; James R. Carson, Jr.; and Don Bailey. 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 Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 8, 1988, as submitted.
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the payment of Warrant #77792 through Warrant #78158, for the following accounts:
Pasco Fire District Paisley Fire District
Landfills Countywide Fire District
County Transportation Trust General Revenue
Mosquito Control Northwest Fire District
South Lake Fire District Countywide Library
Fine & Forfeiture Law Library
Capital Outlay Revenue Sharing
Private Industry Council Resort & Development Fund Tax
Aquatic Weed Mt. Plymouth Fire District
Bassville Fire District Section 8
Law Enforcement Trust Fund Emergency 911 Fund
Eustis Section 8 Northeast Ambulance
Northwest Ambulance Road Impact
Northeast Ambulance
ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on the following Satisfaction of Assessment Liens:
Springs Bath & Yacht Club
James O. and Peggy Speer $ 748.30
Ocala Forest Campsites
Dorothy L. Chancy 201.16
Silver Lake Park
Donald Mackey and Mary Dixon Glessner 468.78
Harbor Shores
Bill and Eleanor Driggers 357.00
Mt. Plymouth Subdivision
Bill Weber 556.27
Lois Williams and Faye Laughlin 455.50
Western Shores Subdivision
Margaret Shick 1,181.20
John H. Riedel 959.02
Alvin A. Claussen 1,181.20
Hilltop No. 3 Subdivision
Elmer Pondelick 822.96
REPORTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases, for the month ending February 29, 1988, in the amount of $96,597.77.
REPORTS/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the Cumulative Participant Activity Reports, from Private Industry Council, Inc., for Lake County, from July 1, 1987 to February 29, 1988.
REPORTS/JAILS
Mr. Chris Ford, County Attorney, stated that on Tuesday, March 8, 1988, the Board voted to locate the new Criminal Justice/Jail Facility and relocate the Sheriff's Department; all criminal and civil courts, and court related operations of the Clerk; the State Attorney; the Public Defender: and the official Court Reporter to county property near the intersection of Hwys. 27/19 and the Turnpike, approximately 13.4 miles from the present Lake County Courthouse in the County seat of Tavares, due to a problem involving wetlands at the present site.
Mr. Ford stated that the Board had asked for an opinion on the legality of, and proper procedure for, the proposed location and relocation of these offices and records. At this time, he reported to the Board his findings, regarding said request, in memo form, which he distributed to the Board, for their review.
Mr. Ford stated that his office had done some extensive research regarding this request. He stated that the report is fairly extensive and sites laws, as well as specific cases, involving similar type requests. He reviewed the report, step by step, in which he answered the following questions:
(1) Will the location and relocation be a move, de facto or otherwise, of the County seat, and, if so, is it permissible?
The principal offices and permanent records of all County officers are required by the Florida Constitution, and the Statutes of the State of Florida, to be located in the County seat. It is likely that the County seat must always have a courthouse, which would include courts and judges. The Florida Constitution provides that County seats may be moved only as provided by general law, and not by special or local law. One-third of the electors must request an election to move the County seat. The names of potential sites are put forward for public consideration, and the eventual selection must receive a majority vote. For reasons indicated in Section 138.10, of the Florida Statutes, Lake County may not move, or expand the County seat, directly or indirectly, until at least twenty (20) years after construction of the current courthouse, in Tavares.
(2) Is it permissible to locate the County jail outside the County seat?
There is no constitutional or statutory requirement that the County jail be located in the County seat.
The Florida Constitution provides that the principal offices and permanent records of all County officers shall be at the County seat. The Board of County Commissioners also are County officers, according to the Attorney General of Florida, and therefore, must meet at the County seat, and maintain their principal offices and permanent records in the County seat. This holds true for County judges, as well, unless directed by the Chief Judge to hold court outside the County seat.
(4) What procedure is necessary to create branch offices for constitutional officers?
In addition to the Constitutional provision, the Clerk of the Circuit Court is the subject of statutory language requiring his office to be at the County seat of the County. He may establish branch offices in other places than the County seat, provided that the official records of the County continue to be kept at the County seat. The Sheriff is also subject to statutory language requiring his office to be at the County seat of the county.
(5) Are the State Attorney, Public Defender, and other court-related officials, required to have their offices in the County seat?
The State Attorney and Public Defender, who are State officers, and not County officers, are to be provided, by the County, with such office space, and other services, as may be necessary for their proper and efficient operation. There is no law regarding the location of the office of the State Attorney, therefore, it does not have to be located at the County seat. The same rationale appears to pertain to the office of the Public Defender. The Board is obligated, by ordinance, to provide office space "convenient to the courtrooms in the courthouse", for the use of the official Court Reporter. The Board is obligated, by ordinance, to provide sufficient space "in the courthouse in Tavares" for the Lake County Law Library, as well.
(6) Can court proceedings be held outside the County seat, and what authorization is necessary, if any?
The Chief Judge is responsible for where the Circuit and County judges hold court. No court may meet outside the County seat without the permission of the Chief Judge. In exercising this, however, the Chief Judge must meet a standard of reasonableness, and the Board may request an evidentiary hearing to determine the validity of the Chief Judge's decision, should his decision be "No", that courts cannot be held outside the County seat. The Florida Supreme Court has final jurisdiction on the validity of the Chief Judge's decision.
(7) What are the legal implications, if any, for the bond issue, to finance construction of these facilities?
A formal opinion should be obtained from bond counsel, prior to the expenditure of County bond funds, at the proposed new site outside the County seat.
At this time, Commr. Burhans read a letter from the South Lake Development Council, in favor of the relocation of the Criminal Justice/Jail Facility to the site at Hwys. 27/19 and the Turnpike, which was submitted for the record.
Commr. Carson commented on the memorandum from the County Attorney's Office and suggested that, being this matter is of such great importance, and also due to the fact that Commr. Smoak was not present (thereby having a full Board), that the Board instruct the architects and the construction manager to hold off on any decisions regarding the relocation of the Criminal Justice/Jail Facility, until a Special Meeting can be held, at which all Commissioners can be present for a discussion and vote.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and instructed the architects (H.O.K.), as well as the construction manager (Barton Malow), to hold off on plans for the Criminal Justice/Jail Facility, until such time as a full Board can be present (Special Meeting scheduled for March 24, 1988, at 1O:OO a.m.1 for a discussion and vote.
At this time, Commr. Windram brought to the attention of the Board the fact that he had received a few phone calls, concerning the Criminal Justice/Jail Facility, and felt it necessary to inform the Board (for the record) that the Industrial Development Commission of Mid-Florida, Inc. wishes not to become involved in this issue.
COUNTY ADMINISTRATOR'S AGENDA
PUBLIC HEARINGS - ROAD,-CLOSINGS
Petition No. 498 - Oavid H, Ricci - Tavares Area
It was noted that the proper proof of publication was on hand as it appeared in the February 24, 1988, and the March 2, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
No one present wished to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate that portion of Lane Park, Tavares Area, as advertised in Petition No. 498, by David H. Ricci.
PUBLIC WORKS/ROADS-COUNTY & STATE/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved a request to accept maintenance maps on #l-6611, Eaglenest Road, and #5-9587, Alco Road.
Mrs. Vera Hilton, resident of Astor (in which Alco Road is located), appeared before the Board and distributed a brochure on the Astor area, as a goodwill jesture, to better acquaint the Commissioners with this area.
ACCOUNTS ALLOWED/ROAD PROJECTS/EDUCATION
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved a request from the Lake County School Board, for a Change Order, on Project No. 2-88, Huff Road Design-Build, to Trac Roadbuilders, in the amount of $81,894.80.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 499 - C. J. Knowles - Okahumpka Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise that portion of Snyder's Addition, Okahumpka Area, in Petition No. 499, by C. J. Knowles.
Petition No. 500 - Rufus B. Ward - Leesburg Area
Mr. Richard P. Newman, Attorney representing Mr. Bill Mattox, a property owner to the west of the property in question, appeared before the Board, in opposition, and stated that his client currently has two ways of access to his property, one of which Mr. Ward (through his petition) wishes to close, which happens to be the one that allows the best access to Mr. Mattox's property, thereby affecting his chances of developing the property.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise that portion of Clark Street, in Silver Lake Estates, Leesburg Area, in Petition No. 500, by Rufus B. Ward, and suggested and encouraged the interested parties to try to bring a clear and concise pro and con side of the road vacation, to the Board, at the meeting scheduled for April 19, 1988, at 9:30 a.m.
Petition No. 501 - George 0. Pringle - Haines Creek Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise the vacation of roads and plat, Haines Creek Area, in Petition No. 501, by George 0. Pringle.
Petition No. 502 - Steve Richey - Clermont Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise the vacation of a plat and rights-of-way, Groveland Farms, Clermont Area, in Petition No. 502, by Steve Richey for Minneola Harbour.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, to purchase one (1) "total station" survey instrument and accessories, at a cost not to exceed $5,500.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, for partial payment to Trac Roadbuilders, for the following projects:
2-88 Huff Road $15,805.85
3-88 Grand Highway/Mohawk $62,120.52
COMMUNICATIONS/PUBLIC HEALTH/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the one-time request to name sixteen (16) existing County maintained unnamed roads (list submitted for the record), to assist with mapping and the 911 emergency system.
CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Public Works, to enter into a contract with Ted Wicks, to assist in establishing the MSTU, for the Royal Trails drainage project.
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Tripartite Railroad Agreement, from the Department of Transportation, for signalization on North Bay Road, #4-4260.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Leonora S. Young, by Attorney #2-4006 Young's Road
Jugle E. Smith
Geneva M. Shaw #2-2924 Turkey Lake Road
Calvary Baptist Church of #l-6611 Eaglenest Road:
Leesburg, Inc. #l-6409 Grays Airport Road
RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the following non-exclusive easements:
Montverde Groves, Inc. #3-1860 Fosgate Road
Thomas A./Deniese B. Younce Mink Road, Astor Forest
and 0. R./Jean P. Taylor Campsites
DEEDS/STATE AGENCIES
On a motion by Commr. Carson, seconded by Commr. Bailey 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:
900 40 feet from Centerline City of Eustis
2144 Release all reservations Mt. Plymouth
629 Release all reservations Near Astor Park
ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request for an amended assessment roll, on SA-53 and SA-54, Mt. Plymouth Subdivision, to correct the legal description on a parcel of land.
COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney's Office, appeared before the Board to discuss and request approval of a proposed settlement, in the case of Lake County vs. Quattlebaum, which involves the plat of Bloomfield, in Yalaha, in which an individual placed a fence across what shows on the plat as a road right-of-way. The suit was filed approximately eighteen (18) months ago, in which the individual was asked to remove said fence. The proposed settlement would involve the party acknowledging that it is a proposed public road, however, would allow the party to keep a gate across the full width of the road, with the stipulation that they agree to remove the gate, should the County ever intend to maintain the road, and also with a stipulation that the gate not be locked, or, if it is locked, that the County, or any sector of the public that needed to use the road, could obtain a key to the gate.
Commr. Windram questioned the fencing of the right-of-way, at which time discussion occurred regarding same.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the recommendation of the County Attorney's Office, as stated above, regarding the terms of the proposed settlement, in the lawsuit of Lake County vs. Quattlebaum.
COUNTY ATTORNEY/ZONING
Mr. Sandy Minkoff, County Attorney's Office, appeared before the Board to discuss two (2) requests for conversion of mobile home parks and RV resorts into condominiums. He stated that his office had received a letter from the law offices of Peter M. Dunbar, P.A., requesting that they be able to file condominium documents and sell the lots in RV parks. The staff has resisted allowing them to do this, and the State Department has cited a State Statute that may, or may not, allow them to do it.
A brief discussion occurred regarding this request, in which Mr. Minkoff informed the Board that the County may face litigation over the issue.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the County Attorney's Office to resist vigorously, the request to convert mobile home parks and RV resorts into condominiums.
COUNTY ATTORNEY/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney's Office, appeared before the Board to discuss and request approval of two Partial Releases of Judgment (Public Defender's Judgments), in the amount of $250.00 each, Case No. 85-530-CF-B, against Marion A. Smith, for property owned by Mr. Jack Austin. He stated that Mr. Smith's claim is a very tenuous one, that would probably cost more to fight, if the County Attorney's Office asserted the claim, than it would be to release the judgments.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on two (2) Partial Releases of Judgment, against Marion A. Smith, in the amount of $250.00 each, as stated above.
COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS
At 10:00 a.m. the Chairman announced that the advertised time had arrived for a Public Hearing regarding a request for a cablevision franchise, for Lake County.
No one present wished to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request, by Central Florida Satellite Cable, for a cablevision franchise, for Lake County, and authorized proper signatures on the agreement for same.
PUBLIC HEALTH/STATE AGENCIES/MUNICIPALITIES
Dr. June Atkinson, Director of Public Health, appeared before the Board to discuss and request approval for the Public Health Unit to apply for State funds, in the form of unexpended Primary Care funds in District 3, for FY 87-88, available for one-time expenses, such as facility construction. She had distributed a memo regarding said request, to each of the Commissioners, prior to the meeting, in which she stated that she wished to apply for the County's "fair share" of the funds, and needed to make application as soon as possible, with some definitive plans and the dollar amount required.
She stated that she had already applied for $325,000.00 of said monies (of which a breakdown totaling this amount had been submitted with the memo, for the Board's review). This money, however, is not to be used for the purpose of acquiring property, therefore, she requested approval of the following:
(1) Permission to acquire property in Umatilla for construction of a facility, should she be successful in acquiring funding.
(2) Permission to proceed with the development of, or modification of, the building plan suitable for said site and construction of the building, should the funding be acquired.
Dr. Atkinson stated that she needed to have a final decision made regarding the property, or the building of a facility, by June 30, 1988. She stated that she had found two (2) possible sites: (1) A 2 l/4 acre lot on County Road 450 east, for $20,000.00 an acre, and (2) Three acres on the west side of the road, one block from U.S. 19, opposite the entrance to Golden Gem, for $15,000.00 an acre. Due to time frame restrictions, she would like to have the Board's approval to go ahead and research zoning, and begin preliminary work on acquiring property, while applying for funds.
A brief discussion occurred regarding said requests.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the County site, as requested by Dr. Atkinson, and authorized her to apply for State funding (Primary Care Funds).
COUNTY PROPERTY/RESOLUTIONS
Ms. Audrey Reed and Ms. Barbara Smith, representing Rails to Trails, appeared before the Board to present a slide presentation, regarding Rails to Trails, and to answer any questions there might be from the Board.
Ms. Smith informed the Board that her and Ms. Reed's presence today was to (1) educate and (2) to convey to the Board the overwhelming support and enthusiasm that the citizens of Lake County have for a recreational trail system throughout the County.
Ms. Reed appeared before the Board and stated that the Lake Rails to Trails is a citizen's organization and is a member of the Washington, D.C. based Rails to Trails Conservancy, that advocates the preservation of abandoned railroad corridors as linear parks. She stated that the primary interests of the citizens of Lake County is nature study, horseback riding, cycling, walking, jogging, etc., brought together by a common goal, to create a network of trails in Lake County, for the use and enjoyment of the citizens, as well as tourists who will come from other parts of the country and the world. Lake Rails to Trails is a Florida non-profit corporation and is the first locally based Rails to Trails organization in Florida. She stated that the local Rails to Trails organization is looking forward to working with local, as well as State and Federal governments, to achieve the goal of recreational trails.
At this time, Ms. Reed showed slides of other parts of the country, where abandoned railroads have been turned into recreational trails for hiking, walking, cycling, and horseback riding.
Ms. Reed stated that there is presently one Rails to Trails project in Florida, at the present time, being in the Tallahassee area, going from Tallahassee to the port City of St. Marks. She also stated that the Washington Old Dominion Trail, in the Nation's capitol, serves over one million individuals per year.
Ms. Smith distributed a map showing potential sites for trails in Lake County. She stated that the State has done a study and has declared their No. 4 priority to be the abandoned railroad, going from Winter Garden, in Orange County, to Mascotte, in Lake County (approximately twenty-one (21) miles long), with an estimated cost of $1.2 million. The State's intention is to link the trails to a loop all around Central Florida. It is estimated that if all the abandoned railroads in Lake County (shown on map) were turned into trails, they would bring in over ten (10) million dollars in added income to Lake County.
A brief discussion occurred regarding said project, and the fact that Lake Rails to Trails would like to have the Board approve and follow all steps needed, to assure that the railroad line (Winter Garden to Mascotte) is purchased, and that it is developed to become the useful and beautiful trail that it can be.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the adoption of a Resolution, to be sent to Lake County's legislative delegation, and others that might be helpful in this regard, in support of the DNR purchase of the railroad right-of-way, from Winter Garden to Mascotte, for the purpose of converting it to a recreational trail.
ASSESSMENTS/ROAD PROJECTS/SUBDIVISIONS
At 10:30 a.m. the Chairman announced that the advertised time had arrived for a Public Hearing, to discuss Special Assessment Project No. 60, LaPlace Court.
Commr. Windram stated (for the record) that he had received a phone call from a gentleman in Miami, indicating a discrepancy regarding this Public Hearing. The gentleman stated that he objected to the special assessment project and had signed the return receipt stating so.
Ms. McDonald informed the Board that the County Administrator's Office had received a letter, from David and Doris Worthington, opposing the project.
Mrs. Carol Peters, who owns parcel No. 15, appeared before the Board, in opposition, stating that the letter she received from the County was invalid, as it gives May 15, 1988, as the date for the Public Hearing, rather than March 15, 1988. She, therefore, has not had sufficient time to seek legal counsel, nor to find out exactly what paving the road entails. She felt that she should be given at least a thirty (30) day extension. Mts. Peters then answered questions presented to her by the Board.
The County Attorney, Chris Ford, informed the Board that it was unfortunate that Mrs. Peter's letter had the wrong date on it, however, the County does more than is required by law to do. He, therefore, suggested that the Board listen to what everyone present had to say and then do what they felt was necessary to do.
Ms. Debra Keene, another property owner (parcel No. 16) whose letter was misdated, appeared before the Board and questioned how the road will be laid out and what type of drainage it will have. She stated that she does not oppose the project.
Ms. Sherry Elkins, owner of parcel No. 17, appeared before the Board, in opposition, and questioned how said special assessment went through without her approval, as she had not signed the petition. She stated that she did not feel it was fair that she would have to pay approximately $3,000.00 for a paving project that she did not approve of. She questioned what type of road it would be, and who would pay for the upkeep of the road. She also stated that several residents were led to believe that they were the only ones that had not signed the petition, thereby, holding up the paving project. However, this turned out not to be true.
Mr. Willard Beene, a resident of the area, appeared before the Board and stated that he has been working on this project for approximately five (5) years. He stated that Mr. Stan Elkins (Sherry Elkins husband) had been notified, and had stated that he did not want to discuss the issue, at all. Mr. Beene's side of the road had to donate fifty (50) feet each, whereas, the other side of the road did not have to do anything, at all, except agree to pay their share of the assessment. Sixty-five (65) percent of the owners agreed to the special assessment project.
Ms. Delores McCrory, owner of parcel No. 1, appeared before the Board and discussed the condition of the road and the need for paving. She stated that the present condition of the road creates hazards for the people residing in that area.
Mr. John Peters, husband of Carol Peters, appeared before the Board and stated that the reason the road is in such bad shape is due to the heavy traffic of commercial vehicles traveling it, and questioned whether a weight restriction could be put on the road, to which it was made known that such a restriction could not be placed on said road.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved Special Assessment No. 60, LaPlace Court.
It was noted that the project would be started in approximately thirty (30) days, with a completion date of approximately one hundred and twenty (120) days.
RECESS & REASSEMBLY
At 11:lO a.m. the Chairman announced that the Board would take a five minute recess.
STATE AGENCIES/WATER AUTHORITY
Ms. Debra Shelly, Environmental Specialist, Department of Natural Resources, appeared before the Board to discuss some concerns that DNR has with water resources in the Wekiva River area.
A slide presentation, regarding the Wekiva River area, was shown to the Board and those present in the audience.
Ms. Shelly informed the Board that the Wekiva Preserves are managed by the Department of Natural Resources. There are approximately forty (40) aquatic preserves in the State of Florida, of which the Wekiva is one of three (3) fresh water aquatic preserves. She stated where the boundary lines were for the Wekiva River, and informed the Board that a 1985 legislative Bill extended the boundary of the Wekiva River Aquatic Preserve, to include the St. Johns River from I-4, in Sanford, north to S.R. 44, in Deland. She also stated that there has been great focus on the Wekiva Basin, in the last two months, with the Task Force designation by the Governor. The University of Central Florida has taken the lead in developing the Wekiva Resource Council, which will be a fifteen (15) member committee, with representatives from the various counties, state government, and citizens. The Department of Environmental Regulation is starting rule making procedures, to extend the boundaries of the outstanding Florida waters, associated with the Aquatic Preserve.
Ms. Shelly stated that a great concern of DNR is the beltway that is coming through the area, as it will accelerate growth patterns, and intensify other problems that DNR is presently having in the Wekiva Basin. One concern that DNR has is as to what the interchange is going to look like (what type of development is going to be around the interchange). Another concern is regarding designated species, of which approximately thirty-eight (38) are either endangered, threatened, or meet special concerns in the Wekiva Basin. She stated that the State has a lot to protect in the Wekiva Basin, for the future, and hopes that all parties involved can work together to accomodate that end.
No action was needed regarding this presentation, as it was for informational purposes only.
WATER AUTHORITY/WATER RESOURCES
Mr. Mike Stearman, Eustis City Manager and Chairman of the Lake County Water Authority, appeared before the Board and stated that the Conservation Committee of the Lake County Water Authority has been working for a number of years, in developing a listing and evaluation of environmentally sensitive lands in Lake County, and has put together an educational resource which he would like to share with the Board. The Committee's intent, over the next year, is to educate the public in various portions of the County, showing them what the resources are and showing them how other counties have put together programs for acquisition and protection of environmentally sensitive lands, leading eventually to setting up some sort of program in like manner in Lake County. The next stage, after the educational program, is putting together a program manual, identifying sites that need to be a part of, as opposed to protecting, the regulation itself. This action, hopefully, will lead to the establishment of some sort of trust fund.
Ms. Martha Stewart, representing the League of Women Voters, appeared before the Board and stated that the League of Women Voters of Lake County emphatically support efforts to preserve any acreage of undeveloped wetland and waterfront property in Lake County. The League believes that this can most effectively be accomplished through defining local matching funds for State purchase of these key areas, and that the County should explore all possible means for financing and implementing purchase of said acreage. She stated that the citizens of Lake County must preserve their priceless resources, for the present, as well as future generations, before they are destroyed by development.
Mr. Will Davis, Executive Director, Lake County Water Authority, appeared before the Board and presented a slide presentation of water resources in Lake County.
Mr. Stearman indicated to the Board that the Conservation Committee of the Lake County Water Authority will eventually be coming back before the Board and asking that a referendum question dealing with the millage, be presented to the voters for a vote, concerning taking one-half of that mill, and placing it in a trust fund, for land acquisition.
Discussion occurred regarding the request of using millage funds, as stated above, and Mr. Stearman answered questions presented to him by the Board.
No action was required at this time.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/PERSONNEL
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase additional computer components, for the Personnel Department computer, at an estimated cost of $1,644.00.
PLANNING DEPARTMENT/DEVELOPMENT/ORDINANCES/SUBDIVISIONS
Mr. Mike Willett, County Administrator, brought before the Board a request to advertise an ordinance amending the Subdivision Ordinance, to create condominiums and cooperatives as subdivisions, and to eliminate the requirements of final plat approval, by the Planning and Zoning Commission.
Discussion occurred regarding said request.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the advertising of an ordinance amending the Subdivision Ordinance, as stated above.
ORDINANCES/ZONING
Mr. Mike Willett, County Administrator, brought before the Board a request to advertise an ordinance amending the Zoning Ordinance, to create a new zoning district of "NCD" Neighborhood Commercial District.
Discussion occurred regarding said request, however, the request was postponed until a later date, in order that the Board may study the ordinance in more detail.
ACCOUNTS ALLOWED/BONDS/ROADS-COUNTY & STATE/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the final plat of Myers Cove; ; accepted a Maintenance Bond, in the amount of $2,027.50; and accepted the following road into the County maintenance system: Myers Court (#3-1261).
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved for Ronald Carter, Eustis Area, District X4, to live in a mobile home on the same piece of property on which his conventional dwelling unit is being built, subject to the proper 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.
COMMITTEES/COURTHOUSE
The County Administrator, Mike Willett, brought before the Board a request for the following boards and committees to use the Board of County Commissioner's Meeting Room, for their monthly meetings:
Board of Examiners 1st Thursday of each month at 4:00 p.m.
Code Enforcement Board 2nd Wednesday of each month at 4:00 p.m.
P & Z Work Session 2nd to last Wednesday of each month at
2:00 p.m.
P & Z Public Hearing last Wednesday of each month at 9:00 a.m.
Board of Zoning Appeals last Thursday of each month at 3:30 p.m.
Republican Committee third Thursday of each month at 7:3O p.m.
Discussion occurred regarding said request.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved for the various boards and committees, as listed above, to use the Board of County Commissioner's Meeting Room, for their monthly meetings.
Mr. James Watkins, Clerk, requested that the County Administrator's staff handle the scheduling of said meetings.
COUNTY PROPERTY/EDUCATION
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board denied the request from the Central Florida Educators Credit Union, to display their advertising sticker on all County vehicles.
EMERGENCY MANAGEMENT/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Emergency Management, for signatures on resolutions commending organizations and businesses, for their help in providing refreshments to emergency workers, at the Lake Kathryn wildfire, on March 2-3, 1988.
ACCOUNTS ALLOWED/VETERANS SERVICE
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Veterans Service, for Donald W. Priem to attend a "Spring Update" meeting, in Tampa, on March 21-22, 1988, at an estimated cost of $75.00.
APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request to appoint Chester Jasper to the Mt. Plymouth Fire District Advisory Board, to fill the position of a representative from Mt. Plymouth, previously held by Mr. Jim Ellis.
JAILS
Commr. Carson brought up for discussion the item of the Board telling the architect to hold up any further work concerning the Criminal Justice/Jail Facility, until the Board can come to some sort of resolution regarding it, and wondered if it would be appropriate to set a specific time for a meeting, at which time the architects and the County Attorney, Chris Ford, can submit reports regarding same.
Commr. Burhans stated that as soon as it is known when Commr. Smoak would be returning from vacation, a Special Meeting would be called to discuss this issue.
No action taken at this time.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Sheriff's Department, for reimbursement of monies, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, in the amount of $690.00, for expenses incurred during the month of January, 1988, for educational purposes.
COMMITTEES/LANDFILLS
Commr. Windram brought to the attention of the Board the item of the Waste Energy Plant, and respectfully requested that the Board appoint another commissioner to handle this project, for the following reasons:
1. He feels that it is extremely important that the Board become as knowledgeable as possible about something as important and complex as this project is.
2. His ordinary Commission obligations have been put aside, in order for him to work on this project.
3. Over the past couple of years, he has practically disregarded some of his personal business obligations, in order to work on this project.
4. Physically, he has not felt as good as he should, due to overloading himself with more than he can handle.
He stated that on March 21, 1988, there will be a meeting with the vendor and some very competent individuals, who have been employed by the Board in the past, to work with the County Administrator, Mike Willett; the County Attorney, Chris Ford: and the commissioner that will replace him, in pursuing the contract.
CONTRACTS, LEASES & AGREEMENTS/JAILS
The County Attorney, Chris Ford, brought to the attention of the Board, and requested approval of, the Temporary Jail contract. He stated that he had faxed the contract to Space Masters, and due to the fact that they have not responded, feels that they approve of it; however, stated that they may come back with a change.
Discussion occurred regarding said contact.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the Temporary Jail contract, as recommended and submitted by the County Attorney.
JAILS
As a follow-up on Commr. Carson's earlier suggestion, to meet as soon as possible, regarding the Criminal Justice/Jail Facility, the County Attorney, Chris Ford, recommended that the Board, this date, select a date and time for a Special Meeting, to discuss the Criminal Justice/Jail Facility.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved for a Special Meeting to be held on Thursday, March 24, 1988, at 10:00 a.m., to discuss the Criminal Justice/Jail Facility.
Mr. Ford suggested that, if by any chance any of the commissioners cannot make this meeting, that it be rescheduled, as he firmly recommends that all five commissioners be present.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:25 p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
SEC/3-24-88