The Lake County Board of County Commissioners met in regular session on Tuesday, December 6, 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: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert K. McKee, Chief Deputy Clerk; and Toni M. Austin, 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. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the following minutes: November 15, 1988; November 22, 1988 (Special); and November 29, 1988 (Special), as presented.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the payment of Warrant #87979 through Warrant #89198, for the following accounts:
Paisley Fire District County Transportation Trust
Pasco Fire District General Revenue
Countywide Library Landfills
Mt. Plymouth Fire District Section 8
Countywide Fire District Eustis Section 8
Aquatic Weed Mosquito Control
Fine and forfeiture Bassville Fire District
Northwest Fire District Law Library
Emergency 911 Fund South Lake Fire District
Private Industry Council Capital Outlay
Self Insurers Fund Road Impact
Resort & Development Fund Tax Law Enforcement Trust Fund
Special Assessments
Included in the motion was approval of payment for the following indigents:
Alice C. LeMaster for Tonie Prittchard - District #2 - $50.80
M. D. Coleman for Alexis Banks - District #4 - $50.00
City of Mt. Dora for Mary Gene Gilmore - District #4 - $50.80
Florida Power for Donna Renee Anderson - District #5 - $50.08
AMBULANCES-HOSPITAL DISTRICTS/APPOINTMENTS-RESIGNATIONS
COMMITTEES
On a motion by Commr. seconded by Commr. Bailey and carried unanimously, the Board approved the resignation of Mr. Charles W. Gregg, from his position on the Board of Trustees of the Northwest Lake County Hospital District, and directed a letter of appreciation.
BONDS - CONTRACTOR
On a motion by Commr. seconded by Commr. Bailey and carried unanimously, the Board approved the following Contractor Bonds:
New
775-89 James A. Grady d/b/a Alseco, Inc. (Class A Cond.)
1022-89 Larry Malcuit, Allen Keenan, Harry Showers d/b/a
Western Concrete
1613-89 John L. Brunson d/b/a Brunson Electric Inc. (Elec.)
4021-89 Air Cooling & Heating by Anderson, Inc. (Class A
Air Conditioning)
4495-89 Dale Yox (Electrical Contractor)
4633-89 Gerald P. Williams and/or Airtron, Inc. (Mechanical)
4663-89 Bob's Concrete, Inc. (Concrete)
4664-89 Storm T. Kern (General Contractor)
4665-89 Bill Duncan d/b/a Bill Duncan Refrigeration (Air
Cond. & Refrig. Installation)
4666-89 True Temp, Inc. (Heating & Air Conditioning)
Cancellations
414-88 Booker T. Williams
1738-88 William C. Buchanan d/b/a H. E. Smith Co.
3035-88 Follmar Electric Company, Inc.
3093-88 John T. Williams
4038-88 Trisha I. Burns
4153-88 Paul Bordeau d/b/a Bordeau Plumbing
4534-88 Ricky King d/b/a Blue Haven Pools of the
Suncoast, Inc.
4575-88 Dennis R. Phiefer
4610-88 Taylor Electric & Maintenance, Inc.
4620-88 Malcolm H. Allio
523-89 Terry T. Stephenson d/b/a Stephenson Mobile
Home Service
COMMITTEES/REPORTS/SHERIFF'S DEPARTMENT/RESOLUTIONS
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL/MUNICIPALITIES
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board acknowledged receipt of the Florida Contraband Forfeiture Quarterly Report for the Lake County Sheriff's Office, for the quarter beginning July 1, 1988, and ending September 30, 1988.
Included in the motion was acknowledgement of Resolution No. 4200, from the City of Leesburg, requesting that the County East Central Commission support the recommendations made by the Florida Regional Planning Council and the Wekiva River Task Force, regarding the Wekiva River Water Basin.
BONDS/CLERK/ELECTIONS/SHERIFF'S DEPARTMENT/TAX COLLECTOR
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the Public Offi cial Bonds, for James C. Watkins, Clerk; Sheriff George Knupp, Jr.; Emogene W. Stegall, Supervisor of Elections; and T. Keith Hall Tax Collector.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Judgments:
a. Case No. 88-271-CJ, 88-961-CJ, 88-1059-CJ - Travis Ollie Farnum, juvenile, and his mother Lois T. VanTassell, in the amount of $50.00;
b. Case No. 88-1058-CJ, 88-1145-CJ - Dennis A. Franklin, Juvenile, and Mary Miller, Parent, in the amount of $50.00;
c. Case No. 86-38-CF - Clarence Brown, Jr., in the amount of $250.00.
ACCOUNTS ALLOWED/ASSESSMENTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the following Satisfaction of Assessment Liens:
Hilltop Sorrento
Wilfred R. & Wilma J. Burdick $1,024.77
Picciola Island
Angelo Calandro $ 491.75
Hilltop
Richard H. Carroll $ 780.25
Lakeview Heights
Henry Oakley $1,044.43
Richard A. & Carole I. Marsh 1,001.50
Highland Lakes
Marshall H. Gaard $ 453.50
Marshall H. Gaard 711.11
Mt. Plymouth
Charles L. Swarts $ 759.81
Charles L. Swarts 474.88
Charles L. Swarts 949.76
Dennis Wilson 473.32
Dennis Wilson 473.32
Dennis Wilson 473.32
MUNICIPALITIES/ORDINANCES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of Ordinance No. 88-42, City of Leesburg, annexing certain property owned by Owen Poulson and William J. Reithel.
COMMISSIONERS
At this time, Mr. Chris Ford, County Attorney, presented Commr. C. W. "Chick" Gregg, Chairman, and Commr. Michael J. Bakich, Vice-Chairman, with the traditional gavels.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS/SIGNS
ROAD PROJECTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
1. To purchase one (1) used sign machine and materials, from the City of Tavares, at a cost not to exceed $l,OOO.OO, payment being in new signs;
2. For final payment to Rix Construction, for Project No. E-88, Alibrandi Road (2-4601), Sumter Line Road (2-48001, and South Whitney Road (2-4303), in the amount of $10,961.51;
3. For partial payment to Trac Roadbuilders, for the following:
a. Payment #2 - Project #16-88, Kurt Street, Ardice and Ruleme - $27,375.93;
b. Payment #3 (final) - Project #15-88, Mt. Homer Road $24,102.05.
MUNICIPALITIES/ROADS-COUNTY AND STATE/RESOLUTIONS/SIGNS
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for 25 m.p.h. speed limit signs on #4-4188B, Carnoustie, and #4-4088, Apawamis Drive, in Mt. Plymouth.
DEEDS/RIGHT-OF-WAYS ROADS AND EASEMENTS
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Louis P., III/Janine L. Bosanquet #1-6304 Spring Lake Road
Mt. Pleasant African Methodist
Episcopal Church of Fruitland
Park, Fl, Inc. #l-6304 Spring Lake Road
Jeanne B./Stuart D. Gilchrist #1-6304 Spring Lake Road
Joseph C. Arborio #4-5057 Golf Links Avenue
Libby's Fresh Food Co., Inc. #3-2439 South Buckhill Rd.
Mary B. Brasher #2-1213 Empire Church Rd.
Dennis A./Janette L. Duckworth #3-2038 E. Apshawa Road
RIGHT-OF-WAYS ROADS AND EASEMENTS
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept the following right-of-way easement:
Highland Growth Properties, Inc. #3-2439 South Buckhill Rd.
RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to accept the following non-exclusive easement:
Altoona Congregation of Jehovah's #5-8173 Rea Way and
Witnesses, Inc. #5-8273 Altoona Road
RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the following drainage easement:
Andre' J./Mary V. Berton - Lot 16, Block 80, Astor Forest
Campsites
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to execute a deed to James R. Henson, as Trustee, to return right-of-way, which is not needed, in exchange for right-of-way already received and recorded in 0.R. Book 975, Page 441, Public Records of Lake County.
Included in the motion was approval of the request to accept a corrective right-of-way deed from Gregory T. Straka and Andrew J. Straka, which corrects the legal description in said deed.
COMMUNICATIONS/MUNICIPALITIES/ORDINANCES
Discussion occurred regarding the proposed letter to the cities not participating in the County Road Impact Fee Program.
It was the consensus of the Board for the County Administrator to revise the proposed letter, and to mail the letter to the cities involved with this issue.
COUNTY ADMINISTRATOR/PLANNING AND DEVELOPMENT
Discussion occurred regarding the request to reclassify the vacant position of Director of Planning and Development, to Deputy County Administrator.
Commr. Bakich stated that he felt there was need to study the County organizational structure, and suggested that this request be postponed until a later date.
Mr. Michael C. Willett, County Administrator, requested direction from the Board regarding the reclassification of the position of Director of Planning and Development, due to the advertisement period of 30 days.
Commr. Gregg stated that he would like to review the advertisement, once it has been developed.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized the County Administrator to reclassify the vacant position of Director of Planning and Development to Deputy County Administrator, and indicated the Board's desire to reconsider the reorganizational structure of the County.
MUNICIPALITIES/RIGHT-OF-WAYS, ROADS AND EASEMENTS
Discussion occurred regarding County policy pertaining to the acquisition of right-of-way on approved County and City projects.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to reaffirm the previous policy held by the County, to join the cities in any suits for right-of-way acquisition outside the cities, on approved County and City projects, directing the County Administrator to communicate this to the City of Eustis and the City of Leesburg. The Board further requested that the County Administrator revise this policy, and bring it back to the Board for review at a later date.
ACCOUNTS ALLOWED/BIDS/ENVIRONMENTAL SERVICES
Mr. Don Findell, Director of Environmental Services, was present to discuss the request to purchase two Chevrolet Celebrity Station Wagons, for the "Tanks Program", at a State bid price of $20,570.66 for both.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the above request for the purchase of station wagons, for Environmental Services.
PUBLIC HEARING - ROAD CLOSINGS
Petition No. 531 - Lady Lake Area - MacKay Fisher Partners
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 23, 1988, and December 1, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved the request to vacate right-of-ways, Section 7, Township 18, Range 25, Lady Lake Area, by MacKay Fisher Partners.
Commr. Swartz was not present for the vote.
CONTRACTS, LEASES AND AGREEMENTS/ENVIRONMENTAL SERVICES
LAWS AND LEGISLATION/ORDINANCES/STATE AGENCIES
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to advertise the adoption of Florida Administrative Code, Chapter 17-61, Stationary Tanks, as a local ordinance.
The County's "Tanks" contract, with the Department of Environmental Regulations, requires the County to carry out enforcement actions in support of the Florida Administrative Code Chapter 17-61. In order to enforce the provisions of the FAC Chapter 17-61, the County must adopt an ordinance which contains provisions that are substantially the same as that of 17-61.
Commr. Windram discussed language contained within the contract, stating some of his concerns, in relation to Page 3, #5, relating to the County acting as the enforcement manager, and Page 5, t6, relating to the County indemnifying, defending, saving and holding harmless DER from all claims, demands, liabilities and suits of any nature.
Commr. Swartz stated that the contract, in discussion, has been signed by the County, and discussed the employees hired under this State contract.
Mr. Findell stated that the present contract has a lifetime of two years, being negotiable after one year. Commr. Swartz stated that he felt the public should have knowledge of all the State regulations, with assistance from the staff.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise the adoption of Florida Administrative Code, Chapter 17-61, Stationary Tanks, as a local ordinance.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL
Mr. Michael C. Willett, County Administrator, informed the Board that the request for the appointment of a representative to serve on the East Central Florida Regional Planning Council has been postponed.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
FIRE PROTECTION
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request from Mt. Plymouth, Northwest and Southlake Fire Districts, to contract for drilling wells at Lake Norris Road, Pennbrooke and Highway 561 South Fire Stations, at an estimated cost of $2,795.00 each.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
Ms. Robbie Baird, Director of the Private Industry Council, appeared before the Board to discuss the request from the Private Industry Council, to increase the $29,400.00 training contract, with Teleios Ministries, in the amount not to exceed $14,700.00.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the above, as requested by Ms. Robbie Baird.
ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES AND AGREEMENTS
PUBLIC HEALTH/MUNICIPALITIES
Mr. Michael C. Willett, County Administrator, discussed the request from the Lake County Public Health Unit to accept the low bid, from Mark Cook Builders, to construct the Umatilla Health Clinic building, at a cost of $259,200.00, less $2,400.00 for permits (Bid No. 28-959-089). Mr. Willett stated that essentially the floor plan for the facility will resemble the Leesburg Health facility.
Commr. Gregg brought to the attention of the Board a letter directed to the Purchasing Department, regarding a discrepancy of $1,200.00, in the bid.
Mr. Chris Ford, County Attorney, stated that the bidder realized a $1,200.00 error, made in the bid, and had requested this amount be added to the original bid. Mr. Ford stated that he discussed this matter with Mr. John Dickerson, Supervising Architect, who agreed that this amount should not be added to the bid.
On a motion by Commr. Aakich, seconded by Commr. Windram and carried unanimously, the Board approved the request to accept the low bid, from Mark Cook Builders, as stated above, in the amount of $259,200.00, less $2,400.00 for permits.
Dr. June Atkinson, Lake County Public Health Unit, appeared before the Board to express her appreciation to the Board for the approval of the request. At this time, Dr. Atkinson discussed the proposed figures for construction, and presented the history of the approval of funds by the Board.
Dr. Atkinson stated that the Health Unit, in Tavares, is in desperate need of additional space, with unexpended funding being available from the State. She requested permission from the Board to explore the possibilities of obtaining this funding from the State.
Commr. Swartz suggested that Dr. Atkinson explore the State funding and report back to the Board at a later date.
Commr. Gregg stated that he would like a workshop put together, within the next month, to review some of the public health issues, such as obstetrical care in Lake County. At this time, he requested Dr. Atkinson to present information to the Board within the next two weeks, in order to schedule the workshop.
CONTRACTS, LEASES AND AGREEMENTS/INDIGENTS/PUBLIC HEALTH
Mr. Lonnie Strickland, Director of Health and General Services, was present to discuss the request for approval of the contract for indigent burials, between Lake County and the Funeral Home Association of Lake County.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the contract for indigent burials, as stated above.
APPOINTMENTS-RESIGNATIONS/PUBLIC HEALTH
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for the appointment of Myra Smith, Operations Supervisor, Social Services, to the Board of Mid-Florida Community Services, for a term of one year, effective immediately.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENT/PUBLIC HEALTH
Ms. Theresa Dunham, Director of Section 8 Housing, appeared before the Board to discuss the request from Section 8 Housing, for signatures on five copies of the Amendment to Section 8 Annual Contributions Contract with HUD, increasing the Annual Contract Authority, in the amount of $96,828.00.
COMMISSIONERS/RESOLUTIONS
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution for the former County Commissioner, James R. Carson, Jr., for his past service to Lake County, with Commr. Gregg, Chairman, presenting the resolution to Commr. Carson in person.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution for the former County Commissioner, Claude E. Smoak, Jr., for his past service to Lake County, with Commr. Gregg, Chairman, presenting the resolution to Commr. Smoak in person.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved a resolution for the former County Commissioner, Glenn C. Burhans, for his past service to Lake County. Commr. Burhans was unable to attend the presentation.
ORDINANCES/PLANNING AND DEVELOPMENT/SUBDIVISIONS
Mr. Michael C. Willett, County Administrator, discussed a request for preliminary approval of Palisades Country Club, Phase 1-A. At this time, Mr. Willett presented a background history of the application for development, referring to the County Commissioner's Board Minutes of November 15, 1988.
At this time, Commr. Bakich requested an explanation, from the County Attorney, Chris Ford, of the procedures used by the Planning and Zoning Commission, and the Board's position, once a decision is made by the Planning and Zoning Commission.
Mr. Ford stated the steps involved for a subdivision plat approval, as follows: Subdivision Advisory Committee, where basically the problems are worked out: Planning and Zoning Commission receives the Subdivision Advisory Committee's recommendations, where basically the Commission can adopt or change the recommendations, which become final; Board of County Commissioners, where the language contained within the subdivision ordinance appears to be clear, that the application has to meet the requirements of the Planning and Zoning Commission. Mr. Ford stated that, it was his interpretation and basic opinion that the Board can be more stringent with the requirements, but not more liberal or relaxed.
Mr. Ford stated that, in this particular subdivision plat, the Planning and Zoning Commission was requiring a central sewer system, which appears to be a valid act of the Commission, and stated that he did not feel that the Board could overrule this decision, unless the Board made a policy change, which would require an amendment to the subdivision ordinance.
Discussion occurred regarding the two issues, involving whether or not the Board is going to overrule the Planning and Zoning Commission, or whether or not the Planning and Zoning Commission had good reason for their recommendations. The Board members questioned the use of subdivision regulations; regulations governing septic tanks and central sewer; and zoning regulations, and stated their concerns.
Mr. David Clapsaddle, Director of Development Coordination, appeared before the Board and stated that this is the first time that the Planning and Zoning Commission denied a plat, but it was the opinion of the Commission that the plans were unacceptable, and that, should the applicant wish further consideration, the developer must rework his plans, as though they were completely new preliminary plans. Mr. Clapsaddle stated that this plat has appeared before the Planning and Zoning Commission three times.
Commr. Gregg suggested that, since the Board understood that it could not override the recommendations made by the Planning and Zoning Commission, the developer reply to the information supplied by the Environmental Health Unit, in order to resolve the problem, and appear back before the Planning and Zoning Commission.
Mr. Steve Richey, Attorney for the developer, appeared before the Board to discuss the Palisades, Phase 1-A development. Mr. Richey stated that he felt he would never receive approval on this plat from the Planning and Zoning Commission, and felt that the next step would be to prepare the final plat, and to bring it before the Board, along with the experts involved, for the Board to consider.
It was the understanding of the Board that Mr. Richey could not receive final plat approval, from the Board, without preliminary plat approval from the Planning and Zoning Commission.
Mr. Richey stated that he had no problem going back before the Planning and Zoning Commission, with detailed information and experts, but that the Commission did not specifically indicate the requirements that would be necessary to meet its approval.
It was the consensus of the Board that Mr. Richey go back to the Planning and Zoning Commission, with detailed information and experts, for preliminary plat approval.
RECESS AND REASSEMBLY
At 10:45 a.m., the Chairman announced that the Board would recess for five minutes.
ENVIRONMENTAL SERVICES/STATE AGENCIES
Mr. Don Findell, Director of Environmental Services, appeared before the Board and presented a schedule for the adoption of amendments to Lake County's Comprehensive Plan, as required by the Wekiva River Protection Act, which was sent to the Florida Department of Community Affairs.
ENVIRONMENTAL SERVICES/PLANNING AND DEVELOPMENT
Mr. Michael Szunyog, Director of Planning, appeared before the Board to discuss the Wekiva River Protection Act. He presented the Board with a copy of a map showing contiguous C.A.R.L. projects, in relationship to the Wekiva and St. Johns Rivers, and a copy of Chapter 39-27, Rules Relating to Endangered or Threatened Species.
Ms. Judy Wick was present in the audience representing Friends of the Wekiva.
Mrs. Cecelia Eonifay, Attorney, appeared before the Board and presented comments concerning the Wekiva River Protection Act. Mrs. Bonifay stated that she understood this was not a public hearing on the issue, and that written comments would follow her public statements today.
ZONING
Mr. Edwin B. Butters, Umatilla, appeared before the Board to discuss a zoning matter regarding the transferring of property from Glenn and Iona Burhans to Roger Beletti, in the Lakenridge Subdivision. Mr. Butters stated that he felt there were five to six zoning violations, in relation to this matter.
Mr. Michael C. Willett, County Administrator, informed the Board that there is a legitimate problem, in the County's perspective. Mr. Willett stated that the road in question is not a County maintained road, and it does not have any recorded easements, which was overlooked by staff, with the only access being a private road. He informed the Board that the problems are in the process of being resolved by Mr. Dan Robuck, Attorney representing the Burhans.
Mr. Chris Ford, County Attorney, stated that this was basically a personal problem, with the only public problem being with the road access.
Mr. Robuck appeared before the Board and stated that the problems are being resolved, with a lawsuit being filed to have the road declared prescriptive.
Mr. Willett stated that the project has been delayed, because of the existing problem.
Mr. Butters stated that he felt the Board should address the five or six zoning violations, related to this issue.
Mr. Carlton Kisner, Lakenridge Subdivision, appeared before the Board and stated that Mr. Butters has posted signs, at both ends of the road, to discourage travel along this road. Mr. Kisner feared for the health and welfare of the citizens living in the subdivision, should emergency situations arise.
Mr. Ford stated that this may not be a public road to a public subdivision, but this would have to be determined by the courts.
Mr. Ford suggested that the signs be removed to accommodate the Board, and to make the neighbors happy.
Mr. Butters stated that he would have the signs removed by the end of the day.
COMMITTEES/PLANNING AND DEVELOPMENT/SUBDIVISIONS
Discussion occurred regarding the request for preliminary approval of Rose Hill Subdivision.
Mr. Michael C. Willett, County Administrator, informed the Board that the Planning and Zoning Commission had approved the request, to include the requirements for accel/decel lanes, with the applicant appearing before the Board requesting the Board to waive the requirements, which the Board approved to do.
Mr. Chris Ford, County Attorney, stated that he still has his basic opinion, that the Board is bound to the recommendations made by the Planning and Zoning Commission.
Mr. Greg Homan, Planning and Zoning Commissioner, appeared before the Board requesting clarification of the position of the Planning and Zoning Commission, as to whether the Board of County Commissioners has the right to overrule the decisions of the Planning and Zoning Commission. At this time, Mr. Homan, discussed the recommendations made by the Planning and Zoning Commission, for the accel/decel lanes, for Rose Hill Subdivision.
Commr. Swartz made a motion, which was seconded by Commr. Bakich, to accept the preliminary approval of Rose Hill Subdivision, including the recommendations made by the Planning and Zoning Commission, for the accel/decel lanes, to be included in the construction plans.
Mr. Ford stated that communication should be directed to the developer, stating that the approval of this request is contingent and conditioned solely upon the recommendations for the accel/decel lanes.
The Chairman called for a vote on the motion, with the motion being carried unanimously.
Commr. Swartz suggested that a joint meeting be arranged with the Board and the Planning and Zoning Commission, to discuss the issue that has been placed before the Board today, and to define the position of the Planning and Zoning Commission. He suggested some time in February, 1989, after the new members are seated on the Planning and Zoning Commission.
ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT/SUBDIVISIONS
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $36,818.18, for maintenance of the roads, in the Trails of Montverde Subdivision.
ACCOUNTS ALLOWED/RESOLUTIONS/ROAD-COUNTY AND STATE
SUBDIVISIONS
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request for final approval of Wolf Branch Village, Phase I; to accept an Irrevocable Letter of Credit, in the amount of $415,430.64, for maintenance; and to accept the following roads into the County maintenance system: Lynx Court (4-4884) and Wolf's Trail (4-4784).
PLANNING AND DEVELOPMENT/SUBDIVISIONS
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final approval of Cherokee North Subdivision.
CONTRACTS, LEASES AND AGREEMENTS/PLANNING AND DEVELOPMENT
EDUCATION
Mr. Michael C. Willett, County Administrator, requested approval to procure consultant services with Julian C. Juergensmeyer and James C. Nicholas, to develop impact fee statements, for the following: Police and Law Enforcement; Fire Protection; Public Library; Public Facility; and Parks and Recreation Facility.
After some discussion, it was the consensus of the Board to approve this request, contingent to the County Administrator renegotiating the time schedule.
Mr. Greg Homan appeared before the Board and suggested that the County review the possibility of impact fees for Lake County schools.
Discussion occurred regarding the responsibility of the School Board to develop an ordinance, in relation to impact fees, to present to the Board.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried, the Board approved the proposal with Juergunsmeyer and Nicholas, as stated by the County Administrator, contingent to the County Administrator renegotiating the time schedule.
Commr. Windram was not present for the vote.
The Board directed that a letter be communicated to the Chairman and the Superintendent of the Lake County Schools, regarding the above action taken by the Board, and to encourage them to address the concerns of impact fees.
RESOLUTIONS/ROADS-COUNTY AND STATE/SUBDIVISIONS
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request, by property owners, to change the name of Doodle Boy Circle to Lake Harris Circle, in Rod 'N Reel Club Subdivision.
RESOLUTIONS/SUBDIVISIONS
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request, by property owners, to change the name of Orkney Court to Bonnie View Court, in Scottish Highlands Subdivision.
BONDS - MOBILE HOME
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved for Miriam Hershkowitz, Altoona Area, District #5, to live in a mobile home on the same piece of property on which her 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.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to renew the following mobile home bonds:
Thomas Considine - Royal Trails Area - District #4
James Hilliard - Higley Area - District #5
Glennon Schulte - E. of Eustis - District #4
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request to cancel the following mobile home bond:
Harland Fogle, Jr. - Whitehair Bridge - District #5
PLANNING AND DEVELOPMENT
Mrs. Debbie Stivender addressed the Board on the issue of proper notification to the developer, of the scheduled Planning and Zoning Commission meetings. Mrs. Stivender stated that this would be good for public relations.
BONDS/RESOLUTIONS
Mr. Chris Ford, County Attorney, presented to the Board a resolution, approving the issuance by the Lake County Industrial Development Authority, of its Lake County Industrial Development Authority Industrial Development Revenue bonds (Qualtool, Inc. Project), series 1988, in an original principal amount not to exceed $800,000.00.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board approved the above resolution and authorized the proper signatures, for Qualtool, Inc.
Commr. Gregg declared a conflict of interest, due to having a contract through his business with Qualtool, Inc., and abstained from voting.
ROADS-COUNTY-AND STATE/SUBDIVISIONS/SUITS AFFECTING THE COUNTY
Mr. Chris Ford, County Attorney, informed the Board that Robert L. Brown has sued the County, on a matter relating to a cul-de-sac on Mink Road. Mr. Ford stated that he would like to discuss this matter with the District Commissioner, and that he has already requested that the property be surveyed.
RECESS & REASSEMBLY
At 12:15 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m., for the workshop session regarding the Criminal Justice Facility.
COMMISSIONERS
Commr. Windram was not present for the afternoon session of the meeting, due to a previous appointment.
MEETINGS/EMERGENCY MANAGEMENT
Commr. Gregg informed the Board that he had received a letter from the Department of Emergency Management, regarding a meeting scheduled for December 15, 1988, at 10:00 a.m., in the County Administrator's Office. At this time, he indicated a need for one of the Commissioners to attend, to which Commr. Bakich agreed to to do so.
COMMITTEES/CONTRACTS, LEASES AND AGREEMENTS/JAILS
Mr. Pete Karamitsanis, Hellmuth, Obata and Kassabaum (HOK), appeared before the Board to discuss the current status of the Criminal Justice Facility for Lake County, and presented a Progress Report for review.
Mr. Karamitsanis stated that the one of the main design criteria of the project was to separate the circulation patterns within the system. He discussed the prisoner movement in the facility; the staff circulation to the courtroom area: and the public and law enforcement/correctional personnel circulation.
Discussion occurred regarding the experts meeting with the "users" of the facility; the main entrance to the facility: 64 cells to each pod, with plans being made for eight pods (initial capacity being 668); and the operational criteria, including maintenance costs. At this time, Mr. Karamitsanis discussed Page 4 of the Progress Report, relating to the detention capacity, and stated that Mr. Bob Buchanan, Correctional Services Group, was recommending that two of the proposed eight pods be made into dormitories.
Mr. John Dickinson, Barton Malow, appeared before the Board to discuss the cost of construction of the project. The Progress Report indicated the following information:
$35.7MM Building Cost
0.9 Design/Pricing Contingency @ 2 5%
$36.6mm TOTAL BUILDING COST
1.5 Direct Cost Items
(0.4) Sales Tax Recovery
0.9 Construction Contingency @ 2.5%
1.8 Reimbursables &-Fee
$40.4mm TOTAL CONSTRUCTION COST
Mr. Dickinson stated that the information above included the fact that the $40.4mm was the completion of the 360,000 square feet, with no shelled area.
The Progress Report included a Unit Cost Analysis of Jail Construction in Florida.
Judge Ernest C. Aulls, Jr., Chief Circuit Judge, appeared before the Board and questioned the proposed capacity of the new Criminal Justice Facility. Judge Aulls stated that he felt, once the facility opened, the County would be at its capacity, including the utilization of double-bunking, which is contrary to the studies that have been developed for the project.
Discussion occurred regarding revisions of the project plans, after consulting with the newly elected officials.
Commr. Gregg questioned the experts on the elimination of a number of cells, and the increase in the costs of the project. He discussed the approved contract with HOK and Barton Malow, which indicated an amount of $34.5mm, including contingency, fee overhead profit, and reimbursables.
The following information, from the Progress Report, was reviewed by all attending the workshop session:
ORIGINAL PROGRAM:
$34.5mm Budget All housing units complete
340,000 sf Gross Area Four court rooms complete
$l0l/sf Unit Cost Partial administrative complete
REVISED PROGRAM:
$40.4mm Cost Estimate All housing units complete
360,000 sf Gross Area Six court rooms complete
$112/sf Unit Cost All administrative complete
ANALYSIS COST INCREASE:
Original Revised
Original program 310,000 sf finished $34.5mm ---
30,000 sf unfinished
Revised program 330,000 sf finished --- $37.0mm
30,000 sf unfinished
Completed area 30,000 sf 1.6 1.6
Contingencies --- 1.8
$36.lmm $40.4mm
Discussion occurred regarding Page 8, of the Progress Report, Options to Defer First Costs at Initial Construction.
Mr. James C. Watkins, Clerk, discussed the actual decision made for 600 double-bunked cells, with Mr. Buchanan's participation in this decision. Mr. Watkins questioned the review of this proposal made by Mr. Buchanan, which indicated an alternative need for a lesser amount of cells. He questioned whether the alternatives were made because of the approved budget amount, or upon the needs of the County.
Mr. Michael McCabe, Project Manager, Barton Malow, appeared before the Board to address the issue of the approved amount of S34.5mm.
Mr. Watkins stated that, during the previous discussions held on the project, Barton Malow indicated that it could build the facility, to the utmost quality standards, and with the understanding of the information presented by Sheriff Noel E. Griffin, Jr., that the single cells could be double-bunked, based on the local, Federal and State regulations.
Mr. Chris Ford, County Attorney, stated that during those discussions, two-thirds of the estimated cells were always going to be double-bunked.
Mr. Bob McKee, Chief Deputy Clerk, explained to the Board the reasons that the Sheriff indicated for not planning dormitories.
Commr. Gregg questioned the $1.8mm contingency, which was originally included in the proposal, which Mr. Dickinson now 12-6-88.indicated will be added to the S34.5mm.
Mr. Willett stated that he had written a letter stating concerns with the dormitories, due to the lack of success with them.
Mr. Dickinson stated that the original proposed program cannot be built for $34.5mm, and discussed the alternatives for shelled space necessary to keep the original budget.
Discussion occurred regarding the original figures that had been used in the projection of this project. Commr. Gregg indicated that it may be beneficial to everyone to have Mr. Buchanan present to answer questions, which have been proposed today, and to have him present as soon as possible.
Mr. McCabe discussed the monthly manager reports and the revised budget reports, that are produced by Barton Malow, and are available for the Board's review.
Discussion occurred regarding the City of Tavares and plans for utilities at the facility. Mrs. McDonald stated that the staff was to meet with the City of Tavares December 16, 1988, and to submit a site plan at that time.
Commr. Gregg stated that he would like to reinstate the Jail Task Force Committee, and to have a representative Erom the City of Tavares to be involved with the project. Commr. Gregg further stated that he would like to serve on the Task Force, in behalf of the Commissioners.
Mrs. McDonald stated that a letter had been received from Mr. Bob Williams, City Attorney for Tavares, indicating dates for accomplishments, with the City having appointed Mr. Sandy Minkoff, Attorney, as liaison for the project.
Mr. Ford discussed the future prospect of purchasing Mrs. Emogene Stegall's property.
Commr. Bakich requested information regarding "users" space, which Mrs. McDonald stated would be made available to him.
A tentative time, December 8, 1988, at 3:00 p.m., had been scheduled to meet with Mr. Buchanan, but was later confirmed for December 9, 1988, at 9:00 a.m..
Mr. Ford stated that the Jammal & Associates contamination study was not limited to the two properties being purchased, but will include other property where there have been tanks and gasoline storage.
It was noted that the threshold inspection has not been designated, but will need to be secured sometime in the near future.
Commr. Gregg discussed the reinstitution of the Jail Task Force Committee, and suggested that the following serve on this Committee:
James C. Watkins, Clerk Judge Ernest C. Aulls, Jr.
Sheriff George Knupp Sheriff's Department Jailer
Michael C. Willett, Co. Admin. Representative, City of Tavares
Commr. C. W. "Chick" Gregg
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the reinstatement of the Jail Task Force Committee, with the above to serve on the Committee, and with a letter to be drafted to each member indicating the time scheduled to meet with Mr. Buchanan.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES
Mr. Watkins informed the Board of a letter received by Commr. Windram, from the City of Mount Dora, with recommendations to the County Library Board. It was noted that the Board would consider this issue at a later date.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests for funds, from Sheriff Noel E. Griffin, Jr.:
1. $165.00, In-Service Training, (Maria Steinstra), pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-l;
2. $783.11, from the Law Enforcement Trust Fund, pursuant to the Florida Contraband Forfeiture Act, (11-14-88 memo);
3. $797.75, In-Service Training, (Sergeant Rocky Harris, Sergeant Lynn Wagner, Investigator Rick Ranize, Deputy Albert Roberts), pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1.
COMMITTEES/MEETINGS
Commr. Swartz informed the Board of the Holiday Celebration - Membership Drive Social, sponsored by The League of Women Voters of Lake County, December 9, 1988, at 7:30 p.m.
COMMITTEES/COUNTY ADMINISTRATOR
Discussion occurred regarding the response from individuals to serve on the various established County Boards. Direction was given for all of the applications received, to be routed through the County Administrator's Office, in order for the Board to receive and approve all appointments at the same time.
COMMITTEES/COMMISSIONERS
Commr. Gregg stated that the consensus of the Board was to dissolve the liaison list of Commissioners, and requested that each commissioner review the list of various Boards, and submit to him the names of the Boards on which they would like to serve. There being no further business to be brought to the attention of the Board, a motion was made by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, to adjourn the meeting. The meeting was adjourned at 4:35 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/12-12-88