A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 5, 1989
The Lake County Board of County Commissioners met in regular session on Tuesday, September 5, 1989, 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: Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; Robert K. McKee, Chief Deputy Clerk: and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the Special Minutes of July 24, 1989; July 25, 1989; July 26, 1989; July 31, 1989; and the Regular Minutes of August 8, 1989, as presented.
Commr. Bakich was not present for the vote.
COUNTY EMPLOYEES/PUBLIC WORKS
Commr. Gregg presented the Employee of the Month Award for August 1989, to Mr. Curtis Reese, a Tire Repair Specialist, in the Public Works Department, consisting of a plaque, a savings bond, and a designated parking space.
AGRICULTURAL CENTER/COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES
Commr. Gregg presented the following employees with Years of Service Awards:
25 Years of Service
Myra A. Smith Health and General Services
20 Years of Service
Earl G. Hall Public Works
John E. Doyle Public Works
John L. Jackson, Jr. Agricultural Center/
Patricia T. Abel Purchasing Department
5 Years of Service
Clarence Gillard Public Works
Anita V. Winkler Planning & Development
Catherine A. Neal Agricultural Center/
Commr. Gregg introduced to the audience the new County Manager for Lake County, Mr. Alan A. Thelen.
Commr. Bailey brought up for discussion the Federal prison issue. He noted that there has been meetings in four of the districts and that the public has been overwhelmingly in opposition to it. He stated that in view of the tax increases for the year, he did not forsee the County donating land for the Federal prison, and would like to see the issue voted on, now, for or against.
Commr. Windram introduced the members of the Federal Prison Site Selection Committee which were present, those being: Howard Hewitt, Fred Kurras, Derryl Benton, and Richard Huff. He noted that Nora Hill and Welton Cadwell were unable to attend.
Commr. Windram stated that, as far as the County-owned land, the County had two of the sites donated. One of those sites was the 200 plus acres for the County to use, however it chose, which was given to the County with the purchase of the Libby property several years ago. The other property is to be donated by Greater Construction if it is chosen for the Federal prison site.
Commr. Gregg noted that, at the time the Committee was formed, the Board did not set any criteria for them to follow.
Commr. Bailey stated that three members of the Board have stated that they would not support the Federal prison issue any longer, therefore, he does not feel that it should be continued. He further stated that the 200 acres at 19/27 should not be used for such a purpose, because that acreage was included in the purchase of the Tourist Development property.
Commr. Swartz questioned whether the Committee was prepared to make a presentation, today, to the Board. To which Commr. Windram responded that the Committee was not prepared to make a presentation.
Commr. Swartz noted that he would also like to make a decision as to whether or not continue with the Federal prison issue.
Commr. Windram commented that Mr. Leesberg, who owns one of the sites under consideration, located off County Road 470, is in Pennsylvania, and has indicated that he would be interested in swapping land with the County, but he will not be back in the area until late October.
Commr. Gregg stated that several factors must be taken into consideration for the Leesberg site, such as, the City of Leesburg spray field is nearby, and there is a possibility of an arrangement being worked out with that city for a swap. He further stated that, he did not feel that it was appropriate to vote on the issue today, because the Board has taken up three months of the Committee's time which has not been spent in a biased manner, and those members have arriven at their own conclusions.
Commr. Swartz stated that considerable staff time is being spent for this process, and that the Board needs to make a determination on the issue at some point in time. He further stated that, the Board had said, at the Public Hearing in Clermont, that they would not consider the Highway 19/27 site. He also stated that, he has reservations about putting the Federal prison and the associated activities that accompany it at the Greater Construction site. He noted that he is not in favor of trading County property to another landowner in order to acquire the land for this type of activity.
Commr. Swartz commented that, if the Committee could make a presentation, before the end of October, he would not have a problem with that, but he does not want to expend staff time and effort, when there may be three members on the Board that do not want to continue with the issue.
Commr. Windram stated that, the Federal prison is important to the County, and that everyone should see how one operates and be familiar with it.
Commr. Windram questioned Mr. Christopher C. Ford, County Attorney, as to the timeframe which was received from Mr. Leeberg's office, to which Mr. Ford responded that Mr. Leeberg will not return to the area until the end of October. Mr. Leeberg has had an agent talk to Mr. Ford, and stated that they are interested and that the project is worthwhile. Also, Mr. Leeberg is interested in helping the County and himself with some sort of a swap. Mr. Ford noted that there are some aspects that can be arranged with the City of Leesburg to make that area even more attractive to the Federal Bureau of Prisons officials.
Mr. Fred Kurras, a Real Estate Appraiser and member of the Federal Prison Site Selection Committee, appeared before the Board and stated that he had done the appraisal for the 19/27 property, in which 207 acres were gifted to the County. He stated that the Leeberg property, if it were to become the Federal prison site, would be a tremendous advantage to the Leesburg area and stimulate growth in Lake County.
Mr. Howard Hewitt, a member of the Federal Prison Site Selection Committee, stated that he had his reservations about the prison until he visited three Federal prisons in the State of Florida. He stated that the largest elementary school in Tallahassee shares a fence with the Federal prison, and 67 percent of the people hired in the Federal prison in Marianna were hired locally. This Commission is faced with one of the greatest opportunities to serve the people of Lake County and replace the revenues which were devastated by the freeze of the citrus industry.
To imply that the Federal prison devalues the surrounding properties is untrue, because there are $300,000-$400,000 homes surrounding the Federal prison in Miami. He asked the Board to look at what is good for the County, because they are there to serve the County.
Mr. Derryl Benton, a member of the Federal Prison Site Selection Committee, appeared before the Board and stated that when he agreed to serve on the Committee he knew it would be a controversial issue. He stated that the opportunities for young people have been few in Lake County. He presently talks with young people to encourage them not to give up on their future and end up in the Federal, State or County prison system. The Correctional positions which would be available within the Federal prison system are attainable for these young people. He encouraged the Board not to close the Federal prison issue, and give the Committee the opportunity to pursue every site available, because it will impact a considerable amount of people in Lake County.
PUBLIC HEARING - ROAD CLOSING
Petition No. 552 - James K. or Dorothy C. Best - Lake
Commr. Gregg announced that the time had arrived for the Public Hearing at 9:30 a.m. for the advertised road vacation.
Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that his department had the survey redrawn and it identifies the lot lines more clearly.
Admiral Prince, representing Boat Lot 13, appeared before the Board, to make sure that the lot lines were correctly outlined. It was noted that the proper proof of publication was on hand as it appeared in the July 27, 1989, and August 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to vacate road and boathouse lots in the Lake Gem Villa Subdivision and Lake Jem Villa Properties Subdivision, in the Lake Jem area, as advertised in Petition No. 552, by James K. and Dorothy C. Best.
JAILS/STATE AGENCIES (CONT'D.)
Mr. Richard Huff, a member of the Federal Prison Site Selection Committee, appeared before the Board and stated that the prison would be an asset to the community, because it would provide jobs, above minimum wage, for the working people and graduating students of Lake County.
Commr. Swartz questioned Mr. Huff whether there are some sites which he does not agree to for the Federal prison, to which Mr. Huff responded that he has made the Committee aware of those feelings.
Mr. Huff noted that he feels that the Federal prison is a viable project for Lake County, and that, if it is built in this County, the people to be employed there would come from every district in Lake County.
Commr. Windram stated that the Board needs to do something to help the economy in Lake County and the Federal prision would do that.
Mr. Bill Spikes, President, Economic Development Council of Lake County, stated that the County would be missing a great opportunity by not following through with the Federal prison to provide jobs for the County. He urged the Board to work towards some sort of a compromise in order to gain a stable job base for Lake County.
Commr. Swartz stated that he felt that the Board did not need to wait until the end of October to make a decision on this issue, and that the Committee needs to know whether the majority of the Board would be interested in trading the property at 19/27 or whether there is other property where some arrangement could be considered.
Commr. Windram provided the Board with a brief history of the 19/27 property, whereby Lake County started searching for land, primarily for a Fairground, hence, came the land at 19/27.
Originally, the County started looking for 100 to 200 acres when negotiations began with Libby, who had a sizeable amount of property to offer. Libby gave the Board an attractive price for the property, and the Board thought that if they could acquire more of the land, they could sell off some of the land, using the money from that to provide the infrastructure for a Fairground and an Industrial Park. Then, the Board talked of the possibility of moving the County Jail to that location and having a Civic Center type complex, which a study was done on the latter that proved to be unfeasible. Through the County Attorney's negotiations with Libby, they agreed to donate to the County another 207 acres for whatever purpose the County wished to use it.
Mr. Irvin Barwick, a resident of District Two, appeared before the Board and stated that if it would solve the tax problems, then the County should build a Federal prison in every district. He further stated that, he had talked with someone in Jackson County, where a newly built Federal prison is, and that they are expecting one of there largest millage increases in their taxation that they have ever had. He noted that, people tell him that one needs to visit a prison to know how it operates, but he does not feel that he needs to visit one.
Mr. Barwick quoted Commr. Gregg as saying at the Groveland Town Meeting, that it was a unanimous decision of the Board that the 19/27 site would no longer be under consideration. Therefore, he questioned how it got back into consideration. To which Commr. Gregg responded that the Committee had been asked to make a decision based on the best site, letting the Board handle the politics.
Mr. Barwick stated that he did not feel that South Lake County was sufficiently represented on the Committee. To which Commr. Windram responded that there are seven members on the Committee, and informed Mr. Barwick what areas each of the members represented.
Commr. Gregg stated that he resented the fact that, throughout the discussion of the Federal prison issue, the people who oppose it feel that the people who are supporting it are doing it for personal reasons. He further stated that, the medium security level prison will that hire 250 people, which 60-65 percent will be hired locally, and the average payroll is $27,000.00.
ORDINANCES/PLANNING & DEVELOPMENT
Commr. Gregg announced that the time had arrived for the Public Hearing at 10:00 a.m. for the proposed ordinance amending Ordinance 1989-5, which created the Indian Lakes Municipal Service Taxing Unit.
Mr. Steve Richey, Attorney representing the developer, appeared before the Board to inform them that the ordinance is being amended to reflect a name change only.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-11, amending Ordinance 1989-5, as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 1989-5, RELATING TO THE CREATION, GOVERNANCE, TAXING AUTHORITY AND BUDGET PROCEDURES FOR INDIAN LAKES MUNICIPAL SERVICE TAXING UNIT, AMENDING SECTION 1, SECTION 3.2 AND 3.5, SECTION 4, SECTION 5, SECTION 6, SECTION 7, AND SECTION 9 BY CHANGING THE NAME OF THE MUNICIPAL SERVICE TAXING UNIT TO GREATER HILLS MUNICIPAL SERVICE TAXING UNIT.
JAILS/STATE AGENCIES (CONT'D.)
Mr. Dick Williams, with the City of Leesburg, appeared before the Board and stated that those who have had an opportunity to view a Federal institution have a complete education on the subject, and a dramatic change of view about the impact of such a facility on Lake County. He further stated that he can see many advantages to Lake County by the addition of the Federal payroll.
Mr. Williams noted that Ms. Pat Sledge, with the Federal Bureau of Prisons, appeared before the Leesburg City Commission, and stated that there are instances where the Federal Bureau of Prisons will pay money to acquire a site for an institution. Therefore, there is a possibility that the Federal Bureau of Prisons has, or will make available, funds to acquire such site, therefore, eliminating discussion on whether Lake County sells, donates, or trades land for the site.
Mr. Williams urged the Board not to make a decision on the location of the Federal prison within the County until all of the possibilities can be fully explored, because there are many benefits to consider.
Mr. Jerry Latner, a resident of the Umatilla area, appeared before the Board and stated that he had visited a Federal prison in Atlanta. He wondered what would be the true operation of the prison ten years from now. He was concerned with the release of prisoners when their prison tine is nearly up, when they are released to Community Treatment Centers, which are under private contracts. He noted that the Federal Bureau of Prisons is looking for regional prisons, because of the number of drug related crimes. He urged the Board to look at the entire picture, ten years from now, before they make their final decision.
Mr. Scott Hinman, President of the Leesburg Chamber of Commerce and the United Chambers of Lake County, appeared before the Board and stated that he opposed the theory that the community is overwhelmingly against the Federal prison in Lake County. He stated that he represents 629 members of the Leesburg Chamber of Commerce and 10 member Chambers of Lake County through the United Chambers of Lake County, and the only Chamber against the prison was Umatilla. He further stated that of the 2,500 member businesses of the Chamber which he represents they support the Federal prison in Lake County.
Mrs. Jeanne Merrill, a Realtor from Groveland, stated things she has heard regarding the Federal prison issue, and that she had questioned Ms. Pat Sledge, Federal Bureau of Prisons, about the donation of land, and that her response was that the Federal Government does not allocate money to acquire land, only to build the actual building, because they already own so many acres of land that they do not feel it is necessary. She felt that there are numerous jobs available in Orlando, if people want to go there for good paying jobs. She wondered whether Lake County could compete with the rest of the nation for bids for the construction materials and food service for the prison, and how many actual Federal dollars would be spent in Lake County.
Mrs. Merrill stated that, if the Board continues with the Federal prison that they will be wasting the Committee's time and the Lake County's dollars.
Commr. Bailey stated that there are no sites that he could support, as they are presented today, because it would require the County to buy or swap land.
Commr. Swartz noted that the original concept of the prison issue was for a minimum/medium security facility, but somewhere along the line there was a possibility of bringing in a maximum security facility, with a training facility. The Board, at the Clermont meeting, had stated that they would remove the maximum security facility from consideration, but the Board is still looking at the maximum amount of land because that is still an option. He further stated that, if there were a site that the Board wanted to settle on, there is still the question of the level of security.
Commr. Windram stated that, the majority of the people that he has talked with are in support of the medium security, 250 acre site, therefore, he has no problem with placing a minimum/medium security facility in Lake County.
Commr. Bailey made a motion, which was seconded by Commr. Swartz for discussion, that, in view of the sites which have been presented by the Federal Prison Site Selection Committee, the Board deny consideration of those sites for a Federal prison for Lake County. Those sites being, the County owned land at Highways 19/27; the Leeberg property off County Road 470, south of Okahumpka; the Greater Construction property, off Grassy Lake Road; and the Libby property.
Commr. Swartz stated that he cannot support the 19/27 site, or the Greater Construction site. He further stated that, he had driven by the Federal prison in Butner, North Carolina, for two years and that it does look good from the outside, but the one in Butner was out in the middle of nowhere, along an interstate highway system and the closest town was 20 miles away. He noted that a facility of this sort should be built in the middle of nowhere, not in an area where one wants to encourage development. From that standpoint, the Leeberg site may have some possibilities, but he does not support donating or trading County land.
Commr. Windram stated that he feels strongly that the County can find an acceptable site and meet the Federal criteria.
Commr. Gregg commented that there has been some change of minds from the beginning, but he feels that the Board had made a mistake deleting the 19/27 site from consideration. The idea behind putting the Federal prison at that site was to generate the infrastructure to add growth to that area.
Commr. Bailey questioned Commr. Swartz regarding his feelings on the Leeberg site. To which Commr. Swartz responded that he does not support the County buying the property or swapping, but the Federal Bureau of Prisons has bought property in the past and that if it is important that they have property in Lake County, then they might come up with the money.
Commr. Swartz made a motion to amend Commr. Bailey's motion by excluding the Leeberg site from the motion and that it be settled by a separate motion, which was seconded by Commr. Windram and carried.
Commr. Bailey and Commr. Bakich voted "No".
The Chairman called for a vote on the previous motion by Commr. Bailey, seconded by Commr. Swartz, to remove all sites, with the exception of the Leeberg site, from further consideration, which was carried unanimously.
Commr. Swartz stated that, at the 19/27 site, he would like to see the County sell a portion of the property, as originally planned, rather than trade it for other property for a Federal prison, and placing that money into infrastructure in that area or into the County's budget.
Commr. Windram stated that he does not have any problem with trading land.
Commr. Gregg also stated that he has no problem with swapping land that is owned by the County, but does have a problem with purchasing land.
Commr. Swartz made a motion that the County not swap or buy land for the Leeberg site for the Federal prison, which died for the lack of a second.
On a motion by Commr. Windram, seconded by Commr. Swartz and carried, the Board approved not to consider swapping the County-owned land at 19/27 for the Leeberg site.
Commr. Gregg and Commr. Windram voted "No".
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved not to support buying the Leeberg property for the Federal prison.
Commr. Swartz commented that the County needs to find out what the Federal government is going to do regarding the infrastructure at the site, then have a public hearing to review the site and aspects of such.
RECESS & REASSEMBLY
At 10:45 a.m. the Chairman announced that the Board would take a brief recess.
CLERK OF COURTS CONSENT AGENDA
Mr. Robert K. McKee, Chief Deputy Clerk, stated that he would like to remove Tab 16, from the Consent Agenda, dealing with the discussion of proposed budget procedures, until a later date.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the following requests:
Commr. Bakich was not present for the vote.
Request for payment of Warrant No. 97596 through Warrant No. 98123, for the following accounts:
Paisley Fire District
County Transportation Trust General Revenue
Pasco Fire District
Eustis Section 8 Northwest Fire District
Emergency 911 Fund
Countywide Fire District Mt. Plymouth Fire District
Bassville Fire District Revenue Sharing
Capital Outlay Law Library
Fine & Forfeiture
Private Industry Council
South Lake Fire District
Northwest Ambulance Northeast Ambulance
Request for payment for the following indigents:
Florida Power, Inc. for Robert W. Ritch/$39.17/Dist. #3
Florida Power, Inc. for Sandra Rowe/$44.28/Dist. #5
Jack Prickett for Lori Sanders/$50.00/Dist. #3
Bonds - Contractor
0792-90 Emmett Sapp, Jr. dba Emmett Sapp Builders
1465-90 Curtis Kinney (Specialty Heating & Air Conditioning)
1498-89 Rolf Anderson dba Anderson Electric (Electrical)
1684-89 Ronald Giles (Electrical)
1855-90 Robert Lee Walker (Residential)
3030-90 Paula Kinney (Brown) (Specialty Heating &
4097-89 R. Richard Boliek dba Lake Glass & Mirror (Glass)
4128-89 Ron H. Prevatt (Electrical)
4401-89 William R. Scott dba Kremco Electric, Inc.
4585-89 Barney's Plumbing of DeBary, Inc. (Plumbing)
4595-89 James D. Martin (Master Plumbing)
4621-90 Larry D. Brown (Electrical)
4749-89 Jimmy Eubanks Plumbing, Inc. (Plumbing)
4750-89 Paul S. King dba King & Sorg Electric, Inc.
4751-89 Lance M. Nelson (Electrical)
4753-89 L. Norman Adams (Residential Contractor)
4754-89 Jeff Dupre' (Master Electrician)
4755-89 Lawton Donnie Daniels dba Daniels Plumbing, Inc.
4756-89 Parks Electric Company (Electrical)
4757-89 Gordon Williams dba Gordon Williams Plumbing
4758-89 Larry B. Sargent dba Sarge Electric (Electrical)
4759-90 James J. Wilson (Aluminum Contractor)
4761-90 Randy L. Qualls (Electrical)
4762-89 Dale M. Rex dba Suncrest, Inc. (General)
4763-89 COMACO, Inc. (General Contractor)
4764-90 Aluminum Structures by Jack Hobbs
(General Contractor Class C)
4765-89 Dale R. Ellis (Aluminum Specialty Contractor)
1922-89 Orin G. Cooper, II dba Mid-State Plumbing, Inc.
3084-89 Robert E. Bramlett dba Bramlett Electric, Inc.
4047-89 C. F. Mann
4163-89 Ellzey Harold Plumbing, Inc. (Plumbing)
4319-89 Thomas Hentz (Electrical)
4451-89 Centron Development Corporation (General Building)
4536-89 Michael R. Peltz (Plumbing Contractor)
4588-89 Ellzey Harold Plumbing, Inc.
4621-89 Larry D. Brown
4626-89 Apex Electric of Marion County, Inc. (Electrical)
4743-89 Ellzey Harold Plumbing, Inc.
Request for signature authorization for the following Satisfaction of Judgments:
Case No. 89-420-CJ, Eric K. Willey, and Ernest C. Willey, in the amount of $50.00.
Case No. 89-700-CJ, Lisa Killion, Juvenile, and Cecil Dale Killion and Margaret Killion, Parents, in the amount of $50.00.
Case No. 84-499-CJ, Larry M. Ford, Juvenile, and Sherry Ford, Parent, in the amount of $50.00.
Case No. 88-198-CJ, Darrell Robinson, Juvenile, and Marie Hord, Parent, in the amount of $50.00.
Case No. 81-1060-CJ, Anthony Quinn Colburn, Juvenile, and Sylvia Colburn, Parent, in the amount of $150.00.
Case No. 83-493-CJ, Anthony Quinn Colburn, Juvenile, and Sylvia Colburn, Parent, in the amount of $100.00.
Case No. 83-896-CJ, James William Colburn, Juvenile, and Sylvia Colburn, Parent, in the amount of $150.00.
Case No. 89-735-CJ, Kevin R. Copeland and Ginger Jack, in the amount of $50.00.
Case No. 89-699-CJ, Robert L. Vandemheen, Jacob Vandemheen and Dawn Vandemheen, in the amount of $50.00.
Acknowledged receipt of Resolution No. 624, from the City of Clermont, Florida, opposing the construction of a Federal prison in South Lake County,
dated August 8, 1989.
Acknowledged receipt of Resolution No. 89-7, from the City of Minneola, opposing the location of a Federal prison in or near the City of Minneola or
Lake County, dated August 17, 1989.
Acknowledged receipt of Resolution No. 89-R-302, from Seminole County, Florida, supporting the acquisition of Seminole Springs by the Board of
Trustees of the Internal Improvement Trust Fund, dated August 8, 1989.
BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
Captain Claude Gnann, Sheriff's Department, appeared before the Board to discuss the request for transfer of funds from Sheriff's Contingency, in the amount of $27,000.00, to Law Enforcement Capital Outlay, and $48,000.00, from Jail/Corrections Operating, to Law Enforcement Operating, for a total of $75,000.00. He stated that the purpose of the transfer is to establish a "Swat Team" for the Lake County Sheriff's Department. He further stated that the $75,000.00 is a "start up" cost for equipment, and the training would be furnished for free by the Orange County Sheriff's Office. It is already budgeted for next year.
Commr. Gregg noted that the Finance Department had stated that the Sheriff's Department had indicated that they would transfer back $230,000.00, later Sheriff Knupp told him that the amount would be $180,000.00, with $SO,OOO.OO reserved for a "Swat Team".
Mrs. Lindy Aleno, Sheriff's Department, appeared before the Board and stated that there would be an estimated tax return between $125,000.00 to $170,000.00, after the transfers occur.
Commr. Swartz stated that the $180,000.00 would be cash carried forward that would be carried into next year's budget, but if it is not there it would reduce the revenues.
Mr. Alan A. Thelen, County Manager, noted that one approach would be to reduce next year's expenditures, if they need the expenditures this year.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the Sheriff's request to transfer from Jail/Corrections Operating $48,000.00, to Law Enforcement Operating $48,500.00; and Sheriff's Contingency $27,000.00 to Law Enforcement Capital Outlay $26,500.00; with the understanding that there will be $180,000.00 cash carry forward from the Sheriff's Department for next year's budget, and that the amount of transfer will depend on next year's funding.
COUNTY MANAGER CONSENT AGENDA
Commr. Swartz stated that he would like to pull Tab 50 of the Consent Agenda, and questioned Tab 41 as to whether this request has gone through the Computer Committee, to which Commr. Gregg responded that it had and that bids were taken.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved Tabs 18 through 51, with the exception of Tab 50, as follows:
Accounts Allowed/Contracts, Leases & Agreements
Emergency Manaqement/State Agencies
Request from Emergency Management for signature authorization on the FY 89-90 Radiological Emergency Preparedness Agreement with the State
Department of Community Affairs, in the amount of $825.00.
Accounts Allowed/Emergency Management/Grants/Resolutions
Request for signature authorization on the 1989 EMS Grant Application, in the amount of $65,510.94; and signature authorization on the resolution to
accompany the grant application.
Accounts Allowed/Bids/Fire Protection
Request from Fire Protection to accept the lowest bid from Cosco Industries, for a breathing air system, at a cost of $14,021.00, to be purchased from
Bassville Fire District funds.
Request for the presentation of a Plaque of Appreciation, to James Carroll, who donated the land on which the South Umatilla Fire Station 1147 was built.
Request from the Library System for reimbursement of expenditures for July 1989, to the City of Eustis, in the amount of $20,855.22.
Request from the Library System for reimbursement of expenditures for February 1989 through July 1989, to the City of Tavares, in the amount of
Request from the Tavares Library to purchase one Packard Bell Hard Drive Computer System, with monitor, at a total cost of $1,288.80.
Accounts Allowed/Public Health
Request for authorization for payment to Drs. Schutz and Techman, P.A., for professional services, for July 1989, in the amount of $9,841.89.
Request for the acknowledgement of the Lake County Public Health Unit Activities and Expenditures Report, for the period ending June 30, 1989.
County Employees/Environmental Services
Health & General Services/Planning & Development/Public Works
Request for signature authorization on Service Certificates for County employees with one and three years of service, as follows:
One Year of Service
Sherie A. Carrosza Planning & Development
Robert L. Book Public Works
Mary Frances Larson Environmental Services
Thomas E. Lawrence Health & General Services
Stanley R. Webb
Three Years of Service
Albert L. Starr Planning & Development
John M. Szunyog Planning & Development
Michael E. Jones Public Works
Accounts Allowed/Road Projects
Request for payment #2, to Rix Construction, for Project #4-89 Merry Road, in the amount of $75,553.40.
Accounts Allowed/Road Projects/Subdivisions
Request for payment f3, to Rix Construction, for Project #SA-61 Haines Creek Heights Subdivision, in the amount of $13,354.75.
Accounts Allowed/Bids/Road Projects
Request to award Project #3-89, C-452A Extension (Eustis By-Pass), to Asphalt Pavers, Inc., in the amount of $702,555.80, which was the low bid.
Accounts Allowed/Bids/Public Works
Request to award bid #018-070-090, for a 75 cubic yard transfer trailer, with walking floor, to Peerless Corporation, in the amount of $42,250.00, which
was the low bid.
Resolutions/Roads-County & State/Signs/Subdivisions
Request to post the following speed limit signs in the Kings Cove Subdivision:
30 mph #l-5814 Twin Palms Drive
20 mph #1-5814A Maple Leaf Drive
#l-5814B Royal Oak Drive
#l-5815 Wild Cherry Lane
#15714A Raintree Drive
#l-5714 Magnolia Terrace
#l-5714B Redbud Lane
#l-5714c Kings Court
#1-5916A Oak Lane
#l-5916 East Harbor Drive
Resolutions/Roads-County & State/Signs
Request to post 25 mph speed limit signs along #2-3109 South Quarters Road, #2-3209 North Quarters Road, and #2-3209A Old Okahumpka Road.
Resolutions/Roads-County & State/Signs
Request to reduce the speed limit on #4-4672 Old Eustis Road from 35 mph to 25 mph.
Deeds/Roads-County & State
Request to accept the following Quit Claim Deed:
Coca-Cola Co., A Delaware Corp. #l-5433 Radio Road
Right-of-Ways, Roads & Easements
Request to accept the following Drainage Easement:
Roy L./Sandra F. Rogers #3-2439 S. Buckhill Road
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deeds:
W. W. Arnold #4-4981 Britt Road
Leesburg Western World, A FL Corp. #l-7611 Lake Griffin Road
B. E. Dillard, Jr./Jett Riley #4-5983 Lake Seneca Road
John/Kim S. Brown #l-7611 Lake Griffin Road
Webster Hollis, Calver Shelor & C-33
Fred Johnson/Local Trustees
for the Church of God of
Richard E. Bosserman #4-5072 Waycross Road
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deeds and non-exclusive easement for #S-7679 East Cemetery Road:
Grover C./Mary Alice Futch
Dorothy/Charles D. Summersill
James/Betty Sue Simmons
Golden Gem Growers, Inc. (Non-exclusive easement)
The City of Umatilla
Deeds/Roads-County & State
Request to release the following Murphy Act Deed reservation:
#1260 Reserve 50 feet from Mt. Dora Area
the centerline of C-19A Reid O./Marie K. Martin
Accounts Allowed/Planning & Development
Request to purchase a 25 MHz 386 Micro Processing Chip Computer, from MB1 Computers, Leesburg, at an approximate cost of $6,140.00.
Accounts Allowed/Contracts, Leases & Agreements
Request for acceptance and execution of an Escrow Agreement; and acceptance of an Irrevocable Letter of Credit, in the amount of $24,000.00, for
reclamation of sand and clay extraction (Tully Sand Mine), from the Florida Crushed Stone Company.
Planning & Development/Water Resources
Request for the authorization for the Executive Director of the Division of Planning and Development, to sign St. Johns River Water Management District
Request for final approval of Summit Landings; and acceptance of an Irrevocable Standby Letter of Credit, in the amount of $94,143.50, for performance.
Request for final plat approval of a partial replat of Pennbrooke Phase I-A to Phase I-C (which consists of six lots).
Request for final approval of Bella Vista Subdivision.
Request for Preliminary approval of the Trails of Montverde, First Addition.
Request to release an Irrevocable Letter of Credit, in the amount of $307,201.00, for performance of Riverside Subdivision; acceptance of an Irrevocable
Letter of Credit, in the amount of $28,827.40, for maintenance; and the acceptance of the following roads into the County maintenance system: Riverside
Road (#5-5837A) and Riverside Court (#5-5737A).
Bonds - Mobile Home
Request for the cancellation of the following mobile home bonds:
Robert Rule S. Clermont Area District #3
Dale Jergens Altoona Area District #5
Haywood Richardson W. Leesburg District #2
Request to purchase computer tie-in to the scale house for the Solid Waste Operations Director, at a bid price of $9,720.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Commr. Swartz stated that, in regards to the request for signatures on the Stormwater Management Ordinance Contract, with Camp, Dresser and McKee, Inc., he felt that the County has competent staff to carry out this ordinance rather than contracting out for these services.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that staff could do the job, but staff does not have the time needed to develop and research this ordinance.
Commr. Gregg noted, he feels that, because of the critical schedule involved for this ordinance, that this request is in order.
Commr. Bakich stated that, in order for staff to undertake this task, other important projects would have to be postponed.
Commr. Bailey stated, that, perhaps, the East Central Florida Regional Planning Council could assist the County on this project.
Mr. Findell noted that the firm which was selected is the premier Stormwater engineering firm in the state, and that the amount of money is small in relation to the type of efforts to be expended on this project.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried, the Board approved the request for signatures on the Stormwater Management Ordinance Contract, with Camp, Dresser and McKee, Inc., in the amount of $10,268.00.
Commr. Swartz and Commr. Bailey voted "No".
COUNTY MANAGER DEPARTMENTAL BUSINESS
Mr. Alan A. Thelen, County Manager, brought up for discussion the County Fee Schedule and approval of a Resolution to place it in effect. He noted that this item has been before the Board previously.
Commr. Bakich noted that he felt that the schedule is in line with the what the Board members had requested.
Commr. Swartz stated that, within the Pollution Control Department, there is an on-site pre-development inspection for wetlands, but within the Wetlands Ordinance there is an extensive amount of review necessary. He wondered whether there were any additional fees involved. To which Mr. Don Findell, Director of Environmental Services responded that there are no additional fees at the present time, but possibly after the Wetlands Ordinance is adopted there may be additional fees.
Commr. Swartz questioned the reason behind the flat fee with no acreage charge for rezoning requests within the Planning and Development Department. To which Mr. Gregg Stubbs, Acting Director of Development Coordination, responded that the majority of the sites that are being rezoned are 200 to 400 acres, therefore, those fees were left untouched because of the vast acreage involved, which would make the fee very expensive.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the County Fee Schedule, as presented, and the Resolution to place it in effect.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that, somehow, a Clerical Assistant position in the 911 Department had been cut from the budget. He stated that the money is still in the budget for the position, and it is currently filled, therefore, requests that it be reinstated. It was noted that it is a permanent part-time position, because it is difficult to keep people over an extensive amount of time without giving them any benefits.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to add the position of Clerical Assistant to the 911 budget request for FY 89/90.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that, during the July 25, 1989, budget workshop, staff was directed to place in Contingency all Tourist Development Council (TDC) funds, except money for a consultant. He further stated that, Water Authority shows that they spent $30,000.00, for a consultant to do a simple master plan on 68 acres, and are spending $122,000.00, for construction plans and permitting. It is difficult to determine what dollar amount to allocate, not knowing exactly what will be required of a consultant, therefore, he suggests placing $60,000.00, in the line item now, or putting all of the money in Contingency, then, doing a budget amendment when the costs are known.
Commr. Gregg noted that he would like to see the TDC recommend to the Board what direction to take in regards to the funds available.
Commr. Bailey stated that he would prepare some recommendations for the Board, since he is the Chairman of the Tourist Development Council.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to place all of the funds in Contingency until their use is determined.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the Fire Department budget requests for FY 89/90, because at the budget workshops the projected revenues had not been received for the districts. Since those workshops, those budgets have been received and the fire budgets have been resubmitted.
Mr. Alan A. Thelen, County Manager, directed the Board's attention to the fact that this budget requires a dead service transfer from the general fund of $147,000.00, and that issue must be dealt with at some time in the future.
Commr. Swartz questioned Mr. Christopher C. Ford, County Attorney, whether the Board has any restrictions on using state shared revenues, state sales tax money, or other revenues within the fire districts. To which Mr. Ford stated that he did not know of any prohibitions, but there is an Attorney General's opinion that indicates some problems with using sales tax.
No action was needed at this time.
ACCOUNTS ALLOWED/COUNTY ATTORNEY
Commr. Gregg stated that he had three attorney's (Taylor, Potter & Sewell) review 12 months worth of bills of Mr. Christopher C. Ford, County Attorney, to which they responded that the billings are out of line with the average. He had asked Mr. Ford to do as much as possible to eliminate unnecessary work until the new County Attorney is on board. He also stated that he had reviewed the hours which Mr. Ford had put in for the Impact Fee Seminar in Washington, D.C., for which Mr. Ford has agreed to take off all of the expenses associated with that seminar.
Mr. Ford stated that he did not feel it was fair to remove the seminar from the billings, but gave the County credit, in an amount of $2,442.00 (33 hours at $74.00 an hour) for the seminar, which will benefit the County. He also stated that he gave the County credit for 43.25 hours for which he worked on the Federal Prison Site Selection process, as a donation to the County, to indicate the importance of the project, which amounted to a deduction of $4,325.00.
Mr. Ford noted that the County has taken from 80 to 90 percent of his time, depending on the month, and another associate's time approximately 95 percent, and the other associates use from 30 to 70 percent of their time for the County. He also noted that in his bills one would not find any work that has been done that has not been requested by the Board, a Commissioner, or various staff members.
Commr. Gregg commented that June's bill was approximately $37,000.00, and at that time he questioned the Impact Fee Seminar. He stated that he had held up the payment of July's bill for approximately two weeks until it had been discussed with himself and Mr. Ford. He further stated that the only way to resolve the issue was to appoint three attorney's that he considered noncontroversial, and requested them to spend a week to formulate their response.
Commr. Gregg informed the Board of the possible actions to take, which included auditing, arbitration before the Bar Committee, or resolve the issue with acceptance of Mr. Ford's proposal.
Commr. Windram stated that Lake County not only has similar problems as every other County, but are also dealing with a 911 contract, waste-to-energy involvements, Federal prison, contracts with the Landfill and studies, and the Wekiva project. Each of those projects are of major importance, and the new Attorney is going to need some assistance, so the Board needs to continue good relations with Mr. Ford, through this transition.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried, the Board approved to accept Mr. Ford's proposal for credit for the Impact Fee Seminar and the donation of time spent on the Federal Prison Site Selection meetings.
Commr. Swartz was not present for the vote.
COUNTY ATTORNEY MATTERS
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/RESOLUTIONS
Mr. Christopher C. Ford, County Attorney, stated that this request is the end result of the Chairman justifying before the Public Service Commission, Mr. Ford and Piper and Marbury working with the staff of the Public Service Commission, and going to hearings in Tallahassee, with which the outcome will entitle the County another $444,000.00 a year for the Resource Recovery project.
Commr. Gregg stated that there is some language in this request that states that should NRG (Ogden, Lake) default on the capacity agreement, the County is responsible. This was included to allow the County to fall under the exemption of a government entity.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved and authorized the proper signatures on the the amendment to the Power Sales Agreement for the Resource Recovery Project.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the proper signatures on the amendment to the Standard Offer Contract for the Resource Recovery Project.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Resolution approving the amendment and letter agreement, previously approved, for the Resource Recovery Project.
Mr. Ford noted that included for the Board's review, is a Joint Petition for Approval, by which the Board will be petitioning the Public Service Commission with, to approve the above stated items.
COMMISSIONER BUSINESS (CONT'D.)
Mr. Christopher C. Ford, County Attorney, stated that legally, there are three alternatives for the Board to do regarding the Court Order for payment of attorney fees for services, in the case of the Termination of Pregnancy of T. W., a minor. Those alternatives being that, the Board could request a formal rehearing; appeal the Order to the District Court in Daytona Beach, Florida; or comply with the Court Order. He recommended that the Board comply with the Court Order, since it is a valid Court Order, or they could be in contempt of Court.
Commr. Swartz noted that the Order appears to speak to the lawyer on behalf of the teenager, with very little reference to the attorney representing the fetus.
Mr. Ford stated that, initially, his opinion was that, probably, it was not the attorney's authority to enter the Order for the attorney's fees, but by the time the Board researched the matter they would spend as much money for the research then if they obeyed the Court Order and paid it. The law does state that the local government, legally, must pay for fights over children.
Commr. Bailey stated that he was under the impression that the attorney's volunteered their time on this case. To which Mr. Ford responded that, initially, they did because they were told that it would take only an hour or two of their time.
Commr. Gregg questioned whether, if in filing an appeal and the Board ends up spending as much or more than the Court Order for payment, is the Board subjecting themselves to a continuation of these matters if they do not appeal. To which Mr. Ford responded that he does not feel that the Board will have any security from these types of matters until the Appelate Court decides that there was no right to fees.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone any decision on this Court Order for payment of attorney fees for services in the case of the Termination of Pregnancy of T. W., a minor, until the new County Attorney has an opportunity to research the matter, and, in addition, to determine when the Jacksonville clergy case may be heard. Also, included in the motion was approval for a motion for rehearing to be filed with the Court.
RECESS & REASSEMBLY
The Chairman announced that the Board would recess for lunch at 12:28 p.m.
COUNTY MANAGER DEPARTMENTAL BUSINESS (CONT'D.)
Mr. Mike Anderson, Assistant Director of Public Works, appeared before the Board to discuss the request to advertise for bids for partial Asbestos Abatement within the Jail Building, at an estimated cost of $167,216.00. He noted that ATEC has organized a plan where "spot abatement" procedures of the critical areas can be utilized, until the new Jail is completed. With this type of procedure, the prisoners do not need to be housed at some other location while the abatement is occurring.
Mr. Anderson stated the the ATEC procedure had been sent to the Department of Corrections, who passed it on to the Department of Labor, who had concerns about the procedure in regards to the workers who would be doing the abatement, not for the persons around it. The Department of Labor has not yet had an opportunity to meet with Mr. Anderson, but he stated that he will make them aware that the County would only utilize licensed qualified asbestos abatement contractors, who are familiar with the codes and materials.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize staff to advertise for bids for partial abatement within the Jail Building, as in ATEC's program B, for "spot abatement", at an estimated cost of $167,216.00, and that staff prepare a budget amendment utilizing funds from the additional sales tax from the Jail/Criminal Justice Facility, to fund the incoming bids.
ACCOUNTS ALLOWED/ASSESSMENTS/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for a Special Assessment project, for Clark Road, in the Fruitland Park area, at an estimated cost of $32,500.00. He noted that this road is off of Lake Unity Road, and it is a dead end road.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for bids for a Special Assessment project, for Clark Road, in the Fruitland Park area, at an estimated cost of $32,500.00.
ROADS - COUNTY & STATE
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to bring the unmaintained portion of #5-6661 McKinley Road, back into the County maintenance system. He noted that, several years ago, property owners would not give the County the right-of-way on portions of this road, hence, the old Board removed it from the County maintenance program. Since that time, the right-of-ways have all been acquired, in order to bring it into the County maintenance system as a clay road. There has been discussion to bring it to paved standards, possibly in next year's program, not as a Special Assessment.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the request to bring the unmaintained portion of #S-6661 McKinley Road, back into the County maintenance system.
ORDINANCES/PLANNING & DEVELOPMENT/POLLUTION CONTROL
Commr. Bakich commented that regarding the Boat Dock and Seawall Ordinance and the Lake County Wetlands Ordinance, that he would like for the Board to have more time to review these and possibly, the Board would consider postponing these.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the Pollution Control Department has compiled a preliminary draft ordinance addressing the issue of boat docks and seawalls, which is to be consistent with other regulatory agencies. He noted that, he is formally transmitting this ordinance to the Board, and would like authorization from the Board to provide copies to the regulatory community and the regulatory agencies which the County has cooperative agreements with, for their review.
Commr. Gregg stated that he has discussed with the Planning Department, the problem of joint use docks, and that it should be incorporated into this ordinance.
Commr. Gregg noted that on Page 19, Paragraph D, of the ordinance, referring to the Board granting variances, that it should be referring to Planning and Zoning granting variances.
Mr. Steve Richey, Attorney, stated that it was his understanding, that the Board directed that standards be established for common docks and usage, that standards be established for individual docks in relation to other individual docks, and that the Board requested that, in developing standards for noncontiguous property, standards be developed for utilization of common dock areas where those subdivisions were not contiguous. The standards were, to judge the size of the common dock in relation to the number of units to be served by that, if it were in a residential area.
Upon reading the ordinance, some of the wording would allow that, but it is not specific enough, as he felt the Board directed, therefore, he requests that those specific requirements be incorporated into one document.
Mr. Findell noted that his department would work with the Planning Department to incorporate the joint use dock aspects into the ordinance.
Mr. Don Findell, Director of Environmental Regulations, appeared before the Board to discuss the Lake County Wetlands Ordinance. He noted that this ordinance is due to be discussed in detail with the Board, therefore, he would like to schedule a workshop session.
Commr. Gregg noted that the Forestry Service had requested copies of this ordinance and he would like to receive written comments from them, presented to each of the Commissioners, for the workshop session. He further questioned the need for the ten percent rule remaining in the ordinance, because in some cases the County may not want to see any destruction of the wetlands because of its value, and in other cases the wetlands may be useless.
Mr. Findell stated that the ten percent is presumptive criteria, and there is a waiver from the ten percent, as in isolated wetlands of one acre or less.
At this time, the Board determined that, at the regular Board meeting on October 3, 1989, at 11:OO a.m., they will discuss the preliminary draft of the Lake County Wetlands Ordinance.
Mr. Steve Richey, Attorney, commented that it would be helpful to those in the development community, that they not read that an ordinance is going to be enacted in the paper prior to it being available for the general public's review.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for signatures on the Florida Department of Environmental Regulations Local Program General Agreement between the County and the Florida Department of Environmental Regulations (DER). He noted that agreement is a modification of the agreement which the County has had with DER since 1969. The general purpose of the agreement was to establish, promote, and implement, a cooperative effort in Pollution Control and Water Quality Management Act Activities between DER and the County. He further noted that the contact person within Lake County is the Director of Pollution Control.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the request for signatures on the Florida Department of Environmental Regulations Local Program General Agreement, which indicates the Director of Pollution as the local Program Director.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for the authorization to increase the Umatilla and Lady Lake Landfill Closure Plan Contract, with Professional Engineering Consultants (PEC), in the amount of $9,950.00. He noted that the contract was developed to allow PEC to prepare closure plans for the Lady Lake and Umatilla Landfills. The contract specified the work effort up to the time that the document was submitted to DER, hence, the consultants have spent time on the plan beyond the initial time outlined in the contract.
Mr. Findell stated that funds are available in the Landfill Reserve Special Services line item of the budget.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the request for the authorization to increase the Umatilla and Lady Lake Landfill Closure Plan Contract, with Professional Engineering Consultants, in the amount of $9,950.00, utilizing the funds as stated.
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request to add the position of Graphics Technician to the budget request for the FY 89-90 Recycling/ Education Program, to be funded by the Recycling/Education Grant. He noted that this position was included in the Grant Application submitted to DER earlier this year and was also included in the Environmental Services budget. He stated that this position was deleted from the Environmental Services budget during the budget workshops in July.
Commr. Bakich questioned whether it would be more beneficial for an outside individual to perform the work of this position. To which Mr. Findell responded that the Recycling/Education Program requires the County to spend 20 percent of that grant money on education, if it is not spent it is returned. The person could be hired and housed internally, or not hired and not spend the grant funds, or have an outside individual perform the work.
Commr. Gregg stated that the County could contract outside to print the education brochures.
Mr. Findell noted one advantage of hiring someone, is that they could utilize that person in other departments as the need arises.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board directed Mr. Findell to revise this request for a Graphics Technician and look for other alternatives to provide those educational materials other than hiring a Graphics Technician.
Mr. Robert K. McKee, Chief Deputy Clerk, questioned whether it is allowable under the grant to contract for these services or does it specifically provide for the hiring of this individual. To which Mr. Findell responded that it can be contracted out.
BONDS - MOBILE HOMES
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to demand payment on the mobile home bond of Marilyn Sebeck, in the Astatula area, District #3.
Mr. Swanson noted that after this item was placed on the agenda, he had received a letter from the owner, in which she stated that she would be removing the mobile home off of the property within the week.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to allow the owner two weeks to remove the mobile home, as stated, and, if, after two weeks, it has not been removed, staff is instructed to collect on the mobile home bond for Marilyn Sebeck, in the Astatula area, District #3.
Commr. Bailey was not present for the vote.
Commr. Swartz instructed Mr. Swanson to notify Ms. Sebeck by certified mail of the Board's decision.
ACCOUNTS ALLOWED/COUNTY POLICY
Commr. Gregg brought up for discussion the possibility of placing a moratorium on spending until the new fiscal year begins, because the Contingency account is almost spent. The idea behind this moratorium is that the County not purchase anything that is not necessary, until the year end. This is more of a cash flow situation than budgetary. There is presently a car budgeted for purchase which can wait for 30 days, rather than spending the funds now. If there is an emergency situation, than that expenditure can be considered.
Mr. James C. Watkins, Clerk, noted that this action improves the cash carry forward position through next year's budget, which will enable the County to live up to budgetary commitments which have been made.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board approved to impose a moratorium on spending until the beginning of the new fiscal year, with the exception of emergency items that cannot wait, and that those items be brought before the Board for approval before purchase.
Commr. Bailey was not present for the vote.
Commr. Gregg brought to the attention of the Board that the County had been requested to appoint a Citizens Advisory Committee for Impact Fees. The School Board has named two Board members to be on it, those being, Phyllis Patten and Ray Newman. Commr. Gregg chose four members, those being, Tim Sullivan, Fruitland Park Mayor; Cecelia Bonifay, Attorney; Marty Schevling, Homebuilders Association; and an individual to be named from the Lake County Board of Realtors.
Commr. Swartz stated that he would like to appoint an additional person to serve as a lay person, who is interested, also, in recreation, therefore, he suggested Mrs. Debbie Stivender.
Mrs. Debbie Stivender, who was in the audience, stated that she would agree to serving in that capacity on the Committee.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment nominations Eor the Citizens Advisory Committee for Impact Fees, as stated, including Mrs. Stivender.
Commr. Gregg brought up for discussion the selection of a Sign Ordinance Citizens Advisory Committee, and stated that he needs some nominations for that Committee of seven. He noted that he has asked two individuals, who are in industry, and have agreed to serve on that Committee, those being Pat Smallwood of Tavares and a person from Mid-Florida Signs in Leesburg. He suggested, possibly, involving merchants who have dealt with signs and lay persons.
Mr. James C. Watkins, Clerk, discussed the Resolution of Appreciation to the students at Skeen Elementary School for their efforts in the area of recycling. He stated that the students of Boots Aris, who teaches a special education class, has involved her students in recycling. They have gotten recognition in the national press for their efforts. Ms. Aris had written Mr. Watkins a letter, which he forwarded to Commr. Gregg, requesting that "her kids" also be recognized by Lake County for their efforts.
Mr. Watkins suggested that, in addition to a Resolution recognizing their efforts, that, when the Resource Recovery Plant is completed, that this group be one of the first to tour it. Also, that these young people be involved in any recycling efforts and seminars within the County.
Commr. Gregg noted that he has sent them a letter stating that a Resolution would be forthcoming.
Commr. Bakich stated that there is a nurse in Okahumpka that is organizing a similar group for recycling.
Commr. Swartz suggested that the Board prepare a Resolution and invite the teacher and her students to receive it, formally, before the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize that a Resolution of Appreciation be prepared for the Skeen Elementary School students, involved in recycling, and invite their teacher and/or students to have that Resolution presented formally at a Board meeting, or to allow the Chairman of the Board to present it to them at their class, if they are unable to come to the Board meeting.
Commr. Gregg stated that he has a State Board Meeting on the last day of the Property Appraisal Adjustment Board (PAAB) hearings, Wednesday, September 27, 1989. Therefore, he would miss that day if, in fact, the PAAB will be in session that day. He indicated that Commr. Bailey and Commr. Bakich are both on the Board also, and he needs an alternate for that day.
Commr. Swartz stated that he also had plans for attending the State Board Meeting.
Mr. James C. Watkins, Clerk, suggested that, possibly, that last day of the PAAB meeting could be rescheduled. He stated that his office would check with the Property Appraiser for the possibility of scheduling the final day of the PAAB for Thursday, October 5, 1989.
Commr. Gregg brought to the attention of the Board a letter he had received from Ms. Cecelia Bonifay, Attorney, regarding a Zoning Case she is representing, Mark Carson, which had been postponed and withdrawn at past zoning hearings. In the letter, she has asked that the applicant have two PUD's, and now they are grouping all of the zoning requests together. She is asking that the money which they have spent for the rezoning applications be applied to the PUD'S.
Commr. Gregg noted that the Planning Department recommended that the applicant pay the full price for one PUD and apply the monies already paid towards the other PUD.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved to allow, the applicant, Mark Carson, the money which had been spent on rezoning applications, to be applied on two PUD's, paying the full price for the first PUD and applying the monies already paid toward the second PUD.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/WATER RESOURCES
Commr. Gregg brought to the attention of the Board the correspondence he had received from Secretary Pellam and Commr. Gregg's response.
Commr. Gregg stated that he has spoken with two law firms, in Tallahassee, who do a considerable amount of work before the Cabinet for Administrative Law, and have inquired as to them handling the cases regarding the Wekiva Amendment.
The firm of Hoppy, Boyd, Green, and Sams, who is highly recommended, has expressed an interest in representing Lake County on these cases.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved to negotiate a contract with the firm of Hoppy, Boyd, Green, and Sams, in Tallahassee, to represent Lake County for negotiating purposes, with the State Department of Community Affairs, regarding the Wekiva Amendment, to be brought before the Board for approval at a later date.
PLANNING & DEVELOPMENT/WATER AUTHORITY
Commr. Swartz noted, as an information item, that the County has received the completed permit application for the Marsh Park Boat Ramp. He further noted that Water Authority has inquired whether the Board wanted them to take a more active role in the completion of this project.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Commr. Swartz stated that the Recreation Fund Agreements with the Cities of Clermont and Tavares were initially approved with a list of priorities with which they wanted to utilize their funding. Since then, both of those cities have indicated that they want to use those funds for different programs, with no difference in the dollar amount, therefore, they are being returned for reconfirmation. It was noted that the Chairman would sign those agreements.
No action was needed.
Commr. Swartz brought to the attention of the Board the application to the State of Florida which has been filed by the Town Council of Montverde to restore the Old Montverde Schoolhouse. They have been informed them that their ability to get this grant is enhanced by having other agencies, such as the County, prepare a Resolution in support of it. This gesture does not commit the County to any funding.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to adopt the Resolution from the Town Council of Montverde urging the State to assist with the grant for the Old Montverde Schoolhouse.
Commr. Gregg requested Mrs. Ava Kronz, County Manager's Assistant, to also prepare a Resolution for the City of Leesburg for restoring the Morris House, because they also would like to apply for that type of a grant.
Commr. Bakich noted that the Recycling Committee would like to expand, by including Mr. Dan Gorden, who represents Hawthorne at Leesburg.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to expand the Recycling Committee, to include Mr. Dan Gorden, who is the General Manager of Hawthorne at Leesburg.
CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved that, in reference to the agreements, with the new County Manager (Mr. Alan A. Thelen) and the new County Attorney (Mrs. Annette S. Lustgarten), regarding Severance Pay, to add, on the first page of Mrs. Lustgarten's agreement, under Item IV, "cause is hereby defined as conviction of a felony or a crime involving moral turpitude". Included in the motion was the addition of that statement to Mr. Thelen's contract, on the third page, under Item VI.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COUNTY ATTORNEY
Mr. Alan A. Thelen, County Manager, noted that in Mrs. Lustgarten's contract it provides for a car. Be questioned whether that car would be an exception to the earlier motion for a moritorium on spending.
To which the Board directed the Division Directors to check the ir inventory of cars to see if there is a suitable vehicle for Mrs . Lustgarten without purchasing one at this time. There being no further business to be brought before the Board, the meeting adjourned at 3:35 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
LS/WP4/9/13/89 Wed l0:30