The Lake County Board of County Commissioners met in regular session on Tuesday, September 18, 1990, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Thomas J. Windram. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved the Regular Minutes of August 14, 1990, as presented.
Commr. Windram was not present.
Discussion occurred regarding the Regular Minutes of August 21, 1990. Commr. Bailey questioned the wording on Page 37, in relation to the zoning Petition #121-90-4, RR to PUD, Revest II, as to the content of the motion, and Commr. Gregg stated that the Board made a motion to approve the recommendation made by Planning and Zoning Commission, with the motion failing by a 3-2 vote. At this time, the Board requested that this issue be reviewed for clarification.
Mr. Al Thelen, County Manager, stated that there are also problems with Petition #120-90-3/4, A and RR to PUD, Deer Island Partners, Page 37, and requested that the Board postpone action on the minutes, until further review can be made by staff and the petitioner.
At this time, it was the consensus of the Board to postpone action on the Minutes of August 21, 1990, and the Regular Minutes of September 4, 1990.
Accounts Allowed/Personnel/Insurance
Mr. Kurt Hamen, Florida League of Cities, presented a check to the Board, in the amount of $213,892.00, for Workmen's Compensation premium refund and gave a brief overview.
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant #125506 through Warrant #125794, for the following accounts:
General Revenue Countywide Fire District
Northwest Fire District Miscellaneous/Gas Fund
Animal Shelter Trust Fund County Transportation Trust
Landfills Fine & Forfeiture
Law Library Northeast Hospital
South Lake Fire District Mosquito Control
Private Industry Council Mt. Plymouth Fire District
Countywide Library Aquatic Weed
Capital Outlay Pasco Fire District
Road Impact Paisley Fire District
Commissary Trust Fund Bassville Fire District
Section 8 Emergency 911 Fund
Revenue Sharing
Bonds-Contractor
Request approval of the following Contractor Bonds:
New:
4892-90 D & M Electrical Service, Inc.
4552-91 Ralph J. Thompson Roofing Contractor
4890-91 Thomas Eidson dba Eidson Electrical
4891-91 David Leibinger/Welcome Home Builders, Inc.
4893-91 DAP Electric Corporation
Cancellations:
244-90 Jacob M. Vander Meer
1642-90 Donald L. Sikes dba Sikes Construction
4151-90 James Paynter, Jr. dba Paynter & Sons
4552-90 Ralph J. Thompson Roofing Contractor
Assessment
Request approval and signature authorization on the Satisfaction of Assessment Liens for the following:
Highland Lakes:
William S. & Betty J. Wilson, Sr. $1,163.31
Astor Forest Campsites:
Evelyn D. Cornelius 1,300.16
John A. & Donna R. Combs 1,308.71
Harold G. & Shirley I. Hess 62.68
Clark Road:
James R. & Florence Zvetina 975.20
John E. Valliere 1,950.40
Hilltop Subdivision - Pine, Laraback, Lackabee Streets:
Lester O. & Lessie O. McClung 856.93
Hubert K. & Berda L. Williams 1,160.45
Hubert K. & Berda L. Williams 794.00
Robert L. & Vernie Sauls 1,143.13
Janet M. & Harley J. Bardeen 1,146.62
H. B. Turpening 1,145.10
James C. & Doris E. Falconer 1,143.48
James C. & Doris E. Falconer 1,143.48
Western Shores - Clara, Linda Avenues:
Clause J. & Wilma J. Tiesman 717.78
Hilltop Subdivision - Pine, Laraback, Lackabee Streets
Western Shores - Clara, Linda Avenues
Accounts Allowed/Reports
Request to acknowledge receipt of the monthly distribution of Revenue Traffic/Criminal Cases for the month ending August 31, 1990, in the amount of $144,377.50.
Bonds/Landfills
Request to acknowledge receipt of the Resource Recovery Bond Issue, original executed copy of the Debt Service Certificate for the year ended November 9, 1989, received from Piper & Marbury.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Swartz and
carried unanimously, the Board approved the following requests:
Accounts Allowed/Jails/Municipalities/Contracts, Leases & Agreements
Request to encumber funds for FY 1990-1991 for lease of Leesburg City Jail, 115 East Magnolia Avenue, Leesburg, Florida for a six month period, at a cost of $13,500.00.
Accounts Allowed/Tax Collector/Municipalities/Contracts, Leases & Agreements
Request to encumber funds for FY 1990-1991 lease of office space at Leesburg Market Place to Tax Collector and Tag Agency for a period of one year, at a cost of $22,860.00.
Accounts Allowed/Sheriff's Department/Contracts, Leases & Agreements
Request to encumber funds for FY 1990-1991 for lease of office space for Technical Services for Sheriff's Department for a period of one year, in the amount of $25,292.00.
Accounts Allowed/Contracts, Leases & Agreements/Tax Collector, Municipalities
Request to encumber funds for FY 1990-1991 for lease of office space at Tavares Square, for Tavares Tag Agency and Tax Collector for a period of nine months at a cost of $18,679.00.
Accounts Allowed/Public Health/Jails
Request to pay inmate medical expenses to Waterman Medical Center in the amount of $15,660.82.
Accounts Allowed/Environmental Services/Landfills
Request authorization to pay Professional Service Industries, Inc. invoice, in the amount of $23,877.15, for groundwater monitoring well sample analysis for the Astatula Ash Residue Monofill.
Accounts Allowed/Health & General Services
Request authorization of payment for the monthly Medicaid Nursing Home bill, in the amount of $33,276.33, and the Medicaid Hospital bill, in the amount of $27,986.20. Medicaid bills for the month of July.
Accounts Allowed/Ambulances-Hospital Districts
Request authorization to encumber funds, in the amount of $350,004.00, for FY 1990/1991 for payment to Waterman Medical Center for ambulance service, emergency medical treatment and dispatching, per the contract.
Accounts Allowed/Subdivision
Request final plat approval of Quail Pointe at Silver Lake and accept an Irrevocable Letter of Credit, in the amount of $167,750.00 for performance, subject to the legal description being corrected on the Certificate of Title, and the correction being made on the Joinder and Consent to Dedication. (51 lots in District 1)
Accounts Allowed/Roads - County & State/Resolution/Subdivision
Request to accept an amendment to an Irrevocable Letter of Credit, for the amount of $5,582.00, for maintenance in Silver Lake Forest, and accept the following street into the County Maintenance System: Indian Wood Drive (1-4933A). This is a development of 41 lots in R-1-7 zoning, District 1.
Subdivisions/Planning & Development
Request for preliminary approval of Lago Vista Subdivision. (16 lots in R-1-5 zoning, District 3)
Accounts Allowed/Subdivisions
Request for final plat approval of Statford Subdivision,and accept a Standby Irrevocable Letter of Credit, in the amount of $56,486.00 for performance. (20 lots in District 5)
Deeds/Right-of-Ways, Roads and Easements
Request to accept the following Right-of-Way Deed:
Baker Groves, Inc. - South Mt. Homer Road #3-4653.
Outdoor Recreation/Contracts, Leases &
Agreements/Municipalities
1. Request to develop and execute an amended Interlocal Agreement for recreation funding with the City of Lady Lake, to allow an additional six months in which to expend the funds.
2. Request to develop and execute an amended Interlocal Agreement for the recreation funding with the City of Fruitland Park, to allow an additional six months in which to expend the funds.
3. Request to develop and execute an amended Interlocal Agreement for recreation funding with the City of Tavares, to allow an additional six months in which to expend the funds.
4. Request to develop and execute an amended Interlocal Agreement for recreation funding with the City of Astatula, to allow an additional twelve months in which to expend the funds.
Road Closings - Permission to Advertise
1. Request to advertise Vacation Petition No. 618 by David Curbow to vacate road, Blue Lakes Ridge Subdivision, Paisley area, District 5.
2. Request to advertise Vacation Petition No. 620 by Linda Gwaltney to vacate unnamed roads, Lisbon area, District 5.
3. Request to advertise Vacation Petition No. 621 by Newell Cook to vacate portion of road, Eichelberger Estates #1 and Joanna Estates, Eustis area, District 4.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award Bid #001-060-091, Automotive Parts, to Bass Auto Supply and Standard Auto Parts, for an approximate amount of $50,000.00.
ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award Bid #002-750-091, for limerock to District I and III, to M. J. Stavola Industries and District I and III to Dixie Lime & Stone Company in the amount of $25,000.00.
ACCOUNTS ALLOWED/BIDS
Mr. William A. LeHeup, Purchasing Director, appeared before the Board to discuss the request to award Bid #003-618-091 to Crown Office Products and Ernie Morris Enterprises for office furniture and office supplies for an approximate amount of $100,000.00.
Discussion occurred regarding warehouse storage space for supplies, with Mr. LeHeup stating that, at the present time, there is no space available.
Discussion continued regarding comparisons made by staff, supporting vendors chosen by the County.
Commr. Windram questioned the cost breakdown for the furniture and office supplies, with Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, informing the Board that the intent of the request is to award bids to various vendors that they may be dealing with in the future.
Mr. Al Thelen, County Manager, stated that the information being requested, which pertains to the cost of furniture and office supplies, can be provided to the Board October 2, 1990.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award Bid #003-618-091, to Crown Office Products and Ernie Morris Enterprises for office supplies and furniture, for an approximate amount of $100,000.00.
ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award Bid #004-745-091 for asphaltic concrete to American Asphalt for District II, Asphalt Production Company preferred for Maintenance District I & III with option for Maintenance District II and to Asphalt Pavers, Inc. preferred to Maintenance District III with option for District I, in the amount of $12,000.00 as budgeted.
ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Bid
#005-235-091 for culvert pipe to Contech Construction, and to Larson Drainage for corrugated polyethylene smooth interior in, the amount of $11,000.00.
ACCOUNTS ALLOWED/BIDS
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request to award Bid #006-060-091 for batteries to Energy Battery Company, Inc., in the amount of $12,000.00.
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to extend the two-way communication maintenance agreement with Master Communications, for a period of six months.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award Bid #009-630-091 for traffic paint to Pride of Florida, in the amount of $15,000.00.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to award Bid #010-405-091 for diesel and gasoline for Lake County to E. L. Williams, Inc., in the amount of $325,000.00 to $450,000.00.
ACCOUNTS ALLOWED/BIDS/MAINTENANCE
On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to award Bid #011-963-091 to Aratex Service, Inc., in the amount of $40,000.00 for the purchase of uniforms, smocks, and shop rags.
ACCOUNTS ALLOWED/BUDGET
Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board to discuss the following Budget Amendments.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Budget Amendments submitted for the following departments:
1. Fund: General
Department: Health and General Services
Division: Welfare Services
From: Operating Expenses $41,300 Grants & Aids 1,000
To: Operating Expenses $42,300
2. Fund: General
Department: Health and General Services
Division: Welfare Services
From: General Fund Contingency $ 4,000
To: Medicaid Hospital $ 4,000
3. Fund: Fine and Forfeiture
Department: Clerk of the Board
From: Fine and Forfeiture Contingency $12,768
To: Clerks-Intra-Gov. Transfer $12,768
4. Funds: Fine and Forfeiture
Department: County Sheriff Support
From: Fine and Forfeiture Contingency $27,956
To: Workers Compensation $21,892
Utility Services $ 6,062
5. Fund: Fine and Forfeiture
Department: Judicial Support
Division: Court System
From: Fine and Forfeiture Contingency $140,468
To: Court Fees and Costs $140,468
PUBLIC HEARINGS
RIGHT-OF-WAYS, ROAD AND EASEMENT
Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request for a Maintenance Map at the intersection of C-44/C-452/C-452A (New C-44). This area has been maintained for over four years as required by the Florida Statutes. Mr. Stivender discussed a memorandum regarding the Maintenance Map. Mr. Stivender stated that Mr. Peter A. Houlberg has owned the property in the area since 1980. It is assessed at $1,400, and Mr. Houlberg has paid approximately $220 in taxes since 1980.
Mr. Houlberg, owner of the property in question, appeared before the board to discuss this issue.
Commr. Bakich stated that, because of the difference between the $1,400 value of the property and the cost of installing a new driveway in the amount $3,800, a swap, as previously discussed, is not possible.
Mr. Houlberg requested the names of other property owners who have been given the County maintenance maps in the past. Mr. Stivender informed Mr. Houlberg that a lot of the property has changed ownership, but through research Mr. Houlberg could obtain this information.
Commr. Swartz informed Mr. Houlberg that he had the authority to challenge the Board's decision, if he so desired.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to accept a Maintenance Map at the intersection of C-44/C-452/C-452A.
BUDGET/MOSQUITO-AQUATIC PLAN MANAGEMENT/RESOLUTION
Ms. Eleanor Anderson, Executive Director of Administrative Services/Budget, appeared before the Board to present the request to amend the Mosquito Control Fund to include an additional $11,085 State II monies and other revenues.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to adopt the Amendment and Resolution to the budget for the Mosquito Control Fund.
CONTRACTS, LEASES & AGREEMENTS/JAILS
Mr. Mike Anderson, Capital Improvements Director, appeared before the Board to present two modifications to the First Amendment to the Agreement between Hellmuth, Obata, & Kassabaum, Inc, Architects and Lake County. The modifications are for clarification of the intent of the agreement.
Mr. Anderson reviewed Exhibit F to the amendment and recommended Scheme III.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the two modifications to the First Amendment to the Agreement between Hellmuth, Obata, & Kassabaum, Inc. and Lake County using Scheme III.
ENVIRONMENTAL SERVICES/LANDFILLS/PUBLIC WORKS
Mr. Don Findell, Director of Environmental Services, appeared before the Board to explain the request from Central Orlando Waste,
located in Orlando, to obtain a franchise to collect waste from Winn-Dixie stores in Lake County. They currently contract with Winn-Dixie for collection throughout the Central Florida area. The company does not desire to collect waste from other businesses in Lake County.
Mr. Findell recommended the waiver of the following requirements of the Lake County code:
Sec. 21-82.(a) - occupational license issued by County Tax Collector.
Sec. 21-83.(b) - business office located in the County.
Commr. Bakich expressed concern regarding consideration being given to foregoing occupational licensing for Central Orlando Waste.
Ms. Annette Star Lustgarten stated that the basis for having an occupational license is to have a business in the County, and getting a franchise is a privilege, with the County having the ability to grant.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved authorization to issue a solid waste collection franchise to Central Orlando Waste for commercial collection purposes and to waive requirements by Lake County Occupational Licenses.
PUBLIC HEARINGS
PETITION NO. 612 - Thomas and Molly Potter - Mt. Plymouth Area
Mr. and Mrs. Thomas Potter, petitioners, were present to answer questions.
Mr. Jim Stivender, Director of Public Works appeared before the Board to discuss the request.
Mr. A. W. Allen appeared before the Board in opposition with opposition to the request. Mr. Allen stated a concern that emergency vehicles would have a difficult time finding the area on the west side.
Ms. Molly Potter, petitioner, stated the road dead ends into her property, and her neighbors have no objection to the closing. She further stated no one will be denied access to their property.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 612, Thomas and Molly Potter, to vacate easement, Quaker Ridge Avenue, Mt. Plymouth area, as advertised.
PETITION NO. 616 - Aaron and Annie Edge - Umatilla Area
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss this request, which involves a drainage easement.
No one appeared in opposition to the request.
Aaron and Annie Edge appeared before the Board to discuss the drainage easement and whether or not it was possible for them to build a carport on it. The Board informed them that they can build up to the easement, but not over the easement.
Mr. Stivender stated that he will check on the legal description of the easement in question.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 616, Aaron and Annie Edge, to vacate a portion of the easement, Dona Vista Park Subdivision, Umatilla area, as advertised.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS/
LIBRARIES/GRANTS
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signature on the Library Services and Construction Act (LSCA) Grant Agreement DLIS-90-I-10-B, Services to the Elderly, in the amount of $26,923.00.
ACCOUNTS ALLOWED/ CONTRACTS, LEASES AND AGREEMENTS/
LIBRARIES/GRANTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signature
on the Library Services & Construction Act (LSCA) Grant Agreement DLIS-90-I-02-E-07, Service to Youth, in the amount of $24,040.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES/
MUNICIPALITIES
Mr. Al Thelen, County Manager, appeared before the Board to present the Interlocal Agreement in which the County and City of Tavares agree to provide library services without charge to all persons who are residents of the unincorporated area of Lake County. Mr. Thelen stated that there is reference in the agreement regarding four libraries that do not wish to be a part of the agreement, and they will have to be deleted. He further stated that it is still questionable whether or not the County will participate in the grants.
Mr. Thelen recommended that a clause be added that the estimated State grant, which totals $23,730.00 for both of these libraries, will be provided by the County if the County is not a part of the State system. He stated there is substantial room in the budget due to the fact that our Librarian has just resigned, and the other four libraries have decided against signing the agreement.
Commr. Swartz made a motion, which was seconded by Commr. Bailey for the Board to approve the request for signatures on the Interlocal Agreement between Lake County and the City of Tavares relating to the provision of library services, at a cost of $33,820.00 with a clause that would indicate that the County will make up the State revenue out of the existing budgeted funds if the County is not able to participate in the State Library System.
Under discussion Commr. Swartz stated that recommendations will be brought back to the Board relative to the arrangement of the existing library board, under the ordinance that established the library system.
Commr. Windram pointed out that he does not think the Board can justify the expenditure of $350,000.00 of tax money generated throughout the County with only two libraries participating.
The Chairman called for a vote on the motion, which was carried unanimously.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/
LIBRARIES/GRANTS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for approval signature on the Interlocal Agreement between Lake County and Cooper Memorial Library in Clermont relating to provision of library services at a cost of $43,803 with a clause that would indicate the County will make up the State approximate revenue out of the existing budget funds if the County is not able to participate in the State Library System.
COUNTY ATTORNEY/ORDINANCES/PLANNING & DEVELOPMENT
Ms. Annette Star Lustgarten, County Attorney presented the Design-Build Ordinance for discussion with the Board. The Ordinance is authorized by State Statute, and this does require that the County adopt an ordinance.
Commr. Gregg questioned whether or not the Ordinance is clearly stating that anyone offering Design Build services is to be a certified or registered contractor, certified as an engineer, architect, or landscape architect.
Ms. Lustgarten stated that the intent is to combine their expertise and she feels that is what the Ordinance offers.
Commr. Gregg reads the Ordinance as stating that if they have any one of the four licenses they can offer Design Build services.
Ms. Lustgarten directed the Board's attention to the section of the Ordinance pertaining to the definition of the Ordinance.
There was no opposition from the public.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the Design-Build Ordinance.
ROAD CLOSINGS - PUBLIC HEARINGS
PETITION NO.611 - Tropical Acres Nursery c/o Scott Wynn - Mascotte Area
Mr. Jim Stivender, Director of Public Works, appeared before the Board with a description of Petition No. 611 and map of same.
Mr. Scott Wynn, appeared before the Board representing the petitioners, George Mahair, A. A. Simmons, and Hershell L. Womble.
Mr. Stivender stated that there is a Code violation on the Simmons property.
Commr. Bailey expressed concerns with selective road closings and closing off easy access to the bus stop.
Mr. Wynn stated that Mr. Mohair, Mr. Simmons, and Mr. Womble wish to eliminate some of the traffic that goes from Mt. Pleasant Road to the subdivision.
Mr. Wynn stated that the subdivision residents do have a paved road access to the subdivision.
Commr. Swartz expressed concern of future right-of-way needs of the County and directed staff to review this issue.
Mr. Stivender stated that if there was an density change in the area, it would occur toward the City rather than the County.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board overturned the recommendation of the Department of Public Works for denial, and approved to advertise Vacation Petition No. 611 by Tropical Acres Nursery c/o Scott Wynn, to vacate easement, Groveland Farms Subdivision, Mascotte area, District 2.
ANIMAL CONTROL
Mr. Gene Fry, Public Safety Director for Animal Control, appeared before the Board to present the Lake County Animal Control Operations Manual, as revised.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Lake County Animal Control Operations Manual, as revised.
RESOLUTION/HEALTH & GENERAL SERVICES
Mr. Lonnie M. Strickland, Executive Director Health and General Services, appeared before the Board to explain the resolution increasing fees charged by the County Public Health Unit.
There was discussion by the Board regarding services being provided.
Commr. Windram expressed his concern for people who are truly indigent and can not afford health care are being penalized.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Resolution as stated above.
ACCOUNTS ALLOWED/HEALTH & GENERAL SERVICES/RESOLUTION/GRANTS
Mr. Lonnie M. Strickland, Executive Director of Health & General Services, appeared before the Board to discuss the request. Mr. Strickland stated that the funds will be used to expand the County's prehospital EMS system by the purchase of two (2) Type I Rescue Trucks with related medical equipment.
Commr. Windram directed staff to provide an inventory of the vehicles that are actually being utilized.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved authorization for signatures on the application to the State of Florida, Department of Health & Rehabilitative Services on 1990 Emergency Medical Services County Grant in the amount of $77,755.63, request for advance payment and the resolution.
HEALTH & GENERAL SERVICES
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Lake County Nuclear Civil Protection Plan (NCPP).
RECESS & REASSEMBLY
At 11:05 a.m., the Chairman announced that the Board would take a five minute recess.
PLANNING & DEVELOPMENT/COMMITTEES
Mr. John Swanson, Executive Director of Planning & Development Coordination, appeared before the Board to present the Aviation and Rails Element workshop.
Mrs. Gena Swartz was present to answer questions regarding changes.
Mr. Larry Kirch made comments and discussed the following changes made by the staff:
Page 4-7 and throughout the document - change the runway length from "5,000 feet" to "5,002 feet".
Page 4-11 - Line 1, 3rd paragraph - change the wording "citrus groves" to "vacant land".
Page 4-11 - Line 4 & 5, 3rd paragraph - should read " the abandon railway".
Page 4-12 - Last line - change "13-21" to "13-31".
Mr. Kirch stated that the City of Leesburg noted that on Table 4-3, Page 4-14 and Table 4-4, page 4-15, although this is current information, this does not correspond with their Master Plans, which is a draft.
Page 4-15, last paragraph, line 4 - should read "agriculture and contain some citrus groves, vacant land, and lakes."
Page 4-17, Figure 2 - remove "Grove".
Page 4-20, 3rd paragraph, line 10 - "1,000-ft." should read "3,000 ft."
Page 4-22 - Figure 3 - has been redrawn.
Page 24, B. Rail Facilities, line 1 and 2 - change "three" to "four".
Page 4-26, Line 5 - add "Only this major track is shown on Map 4-5."
Discussion occurred regarding Compatible Land Uses and Financial Considerations on Page 4 - 26.
Page IV-1, Goal 4-1 Aviation and Rails, second paragraph, line 6 should read - "facilities are developed while maximizing safety, minimizing environmental impacts."
Mr. Kirch reiterated points that the Executive Advisory Committee and staff have identified for the Comprehensive Plan as the compatibility around airports, adherence and enforcement of the
State, Federal and County's Airport Ordinance, the feasibility study for a fourth general aviation facility.
Ms. Swartz discussed the issue of "compatible language".
Mr. Greg Beliveau, Leesburg, was present to give input into the discussion.
No action was required.
COUNTY ATTORNEY'S MATTERS
ORDINANCE/PERSONNEL
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to discuss a Special Act which has been supplemented by a memorandum which directs the Board of County Commissioners to adopt an ordinance to create a career service system for the employees of the Sheriff's Department.
Ms. Lustgarten stated there are two impediments to the Special Act. There is a constitutional prohibition against special acts which direct the Board of County Commissioners to perform their duties and in addition, the Sheriff is an independent constitutional office, has absolute jurisdiction over his employees, and could create the system through an administrative order. Ms. Lustgarten stated that the Board of County Commissioners has impediments to actually authorizing the drafting of the Ordinance.
The Board directed the County Attorney to communicate with the Sheriff by letter that it is the decision of the Board not to incorporate such an ordinance.
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
Ms. Annette Star Lustgarten, County Attorney, presented an update on the Interlocal Agreements with the four cities regarding the collection of impact fees. Ms. Lustgarten spoke with Mr. Bill Stone, City Attorney, for the City of Mascotte, and he advised that the issue has been moved to the October 8, 1990 agenda.
Commr. Gregg reported he had attended the meetings at Lady Lake and Fruitland Park and felt that neither City would comply with the agreement.
The Board directed Ms. Lustgarten to respond in writing to the City of Mascotte, Fruitland Park and Lady Lake effectively stating that staff has not received a response, and as of October 1, 1990 they are expected to start collecting impact fees.
WATER AUTHORITY
Ms. Annette Star Lustgarten, County Attorney gave a brief update on the Wekiva Land Use Plan Amendment and Land Development Regulations. Ms. Lustgarten reported at this time an Administrative Hearing Officer has not been appointed, and she will provide to the Board what the actual procedure will be, and make a written recommendation once an Administrative Officer has been assigned.
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved ratification on financial items which need to be paid prior to the Board meeting.
RECESS & REASSEMBLY
At 12:03 p.m., the Chairman stated that the Board would recess for lunch and reconvene at 2:00 p.m. for rezoning.
REZONING
POSTPONEMENT
#113-90-3 John P. Adams Properties 10/16/90
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to postponement for 30 days.
WITHDRAWAL
#130-90-3 Alfred Besade
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the withdrawal as requested.
PUBLIC HEARING #174-87A-1 AMEND PUD ORD. #80-87 RTE. 347 CORPORATION OF FLORIDA
Mr. Dan Robuck, Attorney, was present in behalf of the petitioner.
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request to amend PUD (Planned Unit Development) Ordinance #80 - 87 with waiver of Sec. 70.40 (u) (6) (n) for 36 parking spaces instead of the required 80 for 80 boat slips for residents of Harbor Hills and waiver of Section 696 of Lake County Zoning Regulations for 62 ft. setback for all structures.
PUBLIC HEARING #104-90A-4 A TO AR JOHN B. WHITAKER
Ms. Cecelia Bonifay, Attorney, representing Mr. John B. Whitaker, owner of the property in question, appeared before the Board and gave an explanation as to the location of the property and stated that the property is compatible to the surrounding zoning.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to AR (Agricultural Residential) for development of 2-1/4 acre residential homesites.
PUBLIC HEARING CUP#90/8/2-5 JOAN O. EASTMAN
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board to approve a request for a CUP in A (Agricultural) for boarding horses on the site.
PUBLIC HEARING CUP#89A/7/2-4 LAWRENCE C. TOWNE
No one present wished to discuss this request with the Board.
There was one letter in opposition to the request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board to approve a request for a CUP in A (Agricultural) for boarding, training, and breeding of horses.
PUBLIC HEARING #124-90-3 PHIL ORR
Mr. Phil Orr, applicant, appeared before the Board to answer questions there might be regarding this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Board to approve a request for rezoning from A (Agricultural) to RR (Rural Residential) for the construction of a single-family residential dwelling unit.
PUBLIC HEARING #125-90-2 EDWARD VRABLIK
Mr. Edward Vrablik, applicant, appeared before the Board to answer questions and stated that an electronics plant is planned for this area.
There was no opposition to the request.
On a motion by Commr. Bailey, seconded by Commr. Windram, the Board moved to uphold the recommendation of the Planning and Zoning Board to approve a request for rezoning from A (Agricultural) to MP (Planned Industrial) with LM (Light Manufacturing) uses for industrial and manufacturing uses.
Ms. Annette Star Lustgarten, County Attorney, stated that the Board needed to make a determination as to whether there was a need for a site plan, at which time it was the consensus of the Board that there was no need for one.
The Chairman called for a vote on the motion, which was carried unanimously.
PUBLIC HEARING #126-90-3 VIOLA GUTHRIE
Mr. Jay Vander Meer, representing Ms. Viola Guthrie, appeared before the Board and presented pictures of the property in question and gave a brief description of said property. Mr. Vander Meer stated he feels M-1 is too severe to use, which was reflected in the past. He stated he has contacted the adjoining property owners and no one is in opposition to the request. He presented one letter in favor of it from Mr. McDonald.
Mr. Vander Meer further stated that the use of the property is to be fenced in and used for R.V. storage, which is a permitted use under LM (Light Manufacturing).
Further discussion occurred regarding the rezoning of said property.
Commr. Swartz made a motion, and seconded by Commr. Bailey to change the request for rezoning from LM (Light Manufacturing) to MP (Planned Industrial) for use as storage and parking of recreational vehicles and to require a site plan.
Ms. Annette Star Lustgarten, County Attorney, advised the Board that this request did need to be readvertized.
It was the consensus of the Board to reschedule the Public Hearing on November 6, 1990.
The Chairman, called for a vote on the motion, which was carried unanimously.
PUBLIC HEARING CUP 90/8/1-1 CUP IN A GEORGE L. MCCOMB
Mr. Gregg Stubbs presented to the Board one letter, a petition with 29 names, and one letter from the Town of Lady Lake all in opposition to the request. One letter of concern and five letters in favor of the request were presented.
Mr. Joe Noble, applicant, appeared before the Board to discuss this request. Mr. Noble stated that the building to be used was 12,000 square feet and he plans to use only 1,200 square feet. He stated that he hauls in his own lumber and there is no truck traffic involved.
Mr. Noble stated he had 13 letters of approval from property owners on the main road. The 29 rejections are from property owners more than one mile away.
Ms. Ruth Labotney, a local resident, appeared before the Board in opposition to the request stating that she was concerned about the noise the saws would make and the added traffic involved. She feels if one CUP is granted in Agricultural, it will open the door to others.
Commr. Gregg stated DOT has agreed to add a deceleration lane on Edwards Road.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board moved in favor of the recommendation of the Planning and Zoning Commission to approve the request for a CUP in A (Agricultural), for the purpose of manufacturing of wood products.
PUBLIC HEARING #128-90-5 A TO PFD YOUTH ADVENTURE CAMP INTERNATIONAL
No one present wished to discuss this request with the Board.
Mr. Gregg Stubbs, Director of Development Coordination, answered questions presented by the Board.
Commr. Gregg made a motion, which was seconded by Commr. Bailey, and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request for rezoning from A (Agricultural) to PFD (Public Facilities District) for a Boy's Camp and lodge area including support facilities with one exception being made that ATV's will be allowed for recreational use by the campers, and to include the following Amendments made by the Planning and Zoning Commission:
1. Deletion of the berm road entirely;
2. Permitting eight (8) persons per cabin, with six (6) cabins in Phase I and six (6) cabins in Phase 2;
3. Stagger the parking with half on each side of the road, with a minimum on the north side, and a 10 feet wide vegetative berm on the south side, whichever methods saves the most trees.
PUBLIC HEARINGS #127-90-3 A TO PUD AND WAIVER OF THE LAKE COUNTY SUBDIVISION R. LANCE WALKER
Commr. Swartz spoke in opposition of this request. Commr. Swartz stated that he was not opposed to this property developing but would like to see it develop in a manner that does not end up with U.S. 27 being essentially like most of the other major highways in Lake County. The only way to prevent this is to insist on a different type of development. Commr. Swartz would like to see the Board deal with this by postponing it to allow the
developer time to come up with a plan that does not put the commercial in front with residential behind it.
Mr. R. J. Whidden, R. J. Whidden & Associates, planner for the project, appeared before the Board to answer questions. Mr. Whidden stated that the property is approximately a mile or so from Highway 192 and that the location makes this a very special case and certainly would designate the location as an intense activity center. Mr. Whidden stated that he felt the development standards should be considered as opposed to the land use.
Commr. Gregg stated that the difference between what you see along Highway 50 and Highway 192, at the present time, does not include frontage roads, and that one of the problems is the excess number of drives entering and exiting those highways. There are certain types of retail sales that require highway frontage.
Commr. Swartz stated he would like to see Mr. Whidden come back with a different approach for the development.
Mr. Whidden stated he is willing to work with the staff to develop certain standards, and creative planning, but he would like to see some built in safeguards.
Commr. Swartz stated the only way to build in a safeguard is to get some understandings and requirements in the PUD as it stands before the Board today or next month.
Mr. Whidden asked if there was a way an agreement could be reached to come under a special review process with the commercial, so that the Board will have an opportunity to be involved in the decision making process.
Ms. Annette Star Lustgarten, County Attorney, advised the Board that what they are talking about is under the commercial section of the PUD Ordinance. She stated that the Board should simply add a section that would effectively provide that the final site plan, for the commercial portion of the development, will be reviewed and approved by the Board of County Commissioners.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously the Board upheld the recommendation of the
Planning and Zoning Board to approve a request for rezoning from A (Agricultural) to PUD (Planned Unit Development) and waiver of the Lake County Subdivision Regulations with an Amendment added that the final site plan for the commercial portion of the development be approved by the Board of County Commissioners.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board moved that the impact fee required for schools at $150 per unit and fire protection at $127 per unit be added as an additional amendment, which is variable based upon the impact fees at end of 1990.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board moved to make the following changes to the PUD as follows:
Page 4, III Public Facilities, A. 1. - strike the words "operated by Lake Grove Utilities, Inc.". The second paragraph should read "Central sewage disposal will be provided by central treatment plant."
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:15 p.m.
______________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
______________________________
JAMES C. WATKINS, CLERK
MSF/9-22-90/9-18-90.BC