The Lake County Board of County Commissioners met in regular session on Tuesday, October 9, 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 Sandra Carter, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
MINUTES
Regarding the Minutes of August 21, 1990, the following changes were requested to be made:
It was noted that a question which Commr. Bailey had regarding the motion which was made concerning Zoning Petition #121-90-4, Revest II, had been clarified. Mr. Bob McKee, Chief Deputy Clerk, noted he had listened to that portion of the tape of said meeting and clarified the fact that Commr. Windram made the motion, in question, and it was seconded by Commr. Gregg. It was also noted that it was a three/two vote, rather than an unanimous vote, with Commrs. Bailey, Swartz and Bakich voting "No".
Concerning a question as to what the consensus of the Board was, regarding Zoning Petition #120-90-3/4, Deer Island Partners, Mr. Watkins, Clerk, noted and requested that the following be inserted into said Minutes, on Page 39, starting with Line 8: It was the consensus of the Board to support the $150,000 towards the fire pumper, a lake front lot or the appraised value of the lot, and a $35,000 annual contribution towards fire operations until the ad valorem taxes on the property reaches $35,000 annually.
Commr. Swartz requested the following:
On Page 31, Line 25, concerning Zoning Petition #102-90-3, Lake Grove Utilities, Inc., the Minutes should reflect the fact that Commrs. Bakich, Gregg and Windram voted "No" on his motion for amendment to Commr. Gregg's motion for approval of said request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 21, 1990, as corrected and amended.
Regarding the Minutes of September 11, 1990 (Regular Meeting) the following changes were requested to be made:
Commr. Bailey requested the following:
On Page 5, Line 26, the Minutes should reflect that Commr. Gregg made the motion, rather than Commr. Bailey.
Commr. Swartz requested the following:
On Page 14, Line 4, RFD should be changed to RFP.
The County Attorney, Ms. Lustgarten, requested the following:
On Page 8, starting with Line 11, wording should be changed to read "...the Cabinet staff stated that while the staff's recommendation was that the County's Land Use Plan Amendments and Regulations were consistent with the State Statutes, they changed their recommendation to grant the petition for rehearing, which has been referred to the Department of Administrative Hearing..."
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 11, 1990 (Regular Meeting), as corrected.
Regarding the Minutes of September 11, 1990 (Special Meeting), the following changes were requested to be made:
Commr. Bailey requested the following:
On Page 5, Line 24, the name Claude should be changed to Clell.
Commr. Swartz requested the following:
On Page 5, Line 22, roadway cost should be changed to alternative fee schedule.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 11, 1990 (Special Meeting), as corrected.
Regarding the Minutes of September 18, 1990 (Regular Meeting), the following change was requested to be made:
Commr. Gregg requested the following:
On Page 23, Line 12, funded roads should be changed to frontage roads.
It was decided to postpone action regarding the Minutes of September 18, 1990 (Regular Meeting) until the Board Meeting of October 16, 1990.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 25, 1990 (Special Budget Meeting), as presented.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 25, 1990 (Special Meeting), as presented.
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 126209 through Warrant No. 126358 for the following accounts:
Section 8 General Revenue
Accounts Allowed/Budget Transfers/Deeds
Request for transfer of funds, in the amount of $25,331.12, from the Clerk's Account to the Board of County Commissioner's Account, for unclaimed excess proceeds due landowners on applications for tax deeds, pursuant to Section 197.473, Florida Statutes.
Accounts Allowed/Courts-Judges
Satisfaction of Judgment, State of Florida vs. Roy Herndon, in the amount of $250.00, Case No. 89-1712-H2 (Criminal Division).
State Agencies
Request to acknowledge receipt of a Notice that the Florida Department of Transportation, on June 1, 1989, inspected a proposed
airport site, for use as a private airport, to be known as S.N. Knight & Sons, Inc.
Municipalities/Ordinances/Resolutions
Request to acknowledge receipt of the following Ordinances and Resolutions, from the Town of Lady Lake:
a. Ord. 90-17 - To annex certain contiguous property upon voluntary application by property owners, Lowe Enterprises and BAW, Inc.
b. Ord. 90-19 - Amending Section 10.02, of the Town of Lady Lake Charter, pertaining to filing deadline for Town Commission candidates.
c. Ord. 90-20 - Levying and imposing upon all insurers now or hereafter engaging in or carrying on the business of insuring, with respect to casualty risks, an excise or license tax, in addition to any tax now levied.
d. Ord. 90-22 - Redesignating zoning classification for certain property owned by Walter and Lucille Kaminski.
e. Ord. 90-23 - Redesignating zoning classification for certain property owned by Walter and Lorna Kimberly.
f. Resolution 90-114 - Granting a 31.93 foot front setback variance for property owned by James H. Mayfield and Joan Mayfield Kirby.
g. Resolution 90-115 - Adopting a street assessment policy for the Town of Lady Lake.
h. Resolution 90-116 - Town Commission of the Town of Lady Lake, Florida, authorizing the Town Manager to deem final the preliminary official statement, with respect to the Town's Industrial Development Revenue Bonds (Sunbelt Utilities, Inc. Project).
i. Resolution 90-118 - Classifying an additional permitted use in the CH (Commercial Highway) zoning district.
j. Resolution 90-119A - Town Commission of the Town of Lady Lake, Florida, urging Lady Lake Citizens to support Constitutional Amendment No. 3 on the November, 1990, ballot, limiting unfunded State mandates on cities and counties.
k. Resolution 90-119B - Supplementing Resolution No. 88-134 and Resolution No. 89-104, of the Commission, pertaining to the issuance of certain Industrial Development Revenue Bonds (Sunbelt Utilties, Inc. Project).
l. Resolution 90-120 - Declaring qualifying dates for the Office of Town Commissioner, for Wards 2 and 4, of the Town of Lady Lake.
CLERK'S FOR YOUR INFORMATION ITEMS
UTILITIES
Commr. Bakich questioned Mr. Don Findell, Director of Environmental Services, regarding Item 1, under said category, pertaining to a Notice of Application for Initial Certificates of Authorization to Operate a Water and Wastewater Utility, made by
Southlake Utilities, Inc., to provide service to lands described as Chapman Grove, at which time Mr. Findell explained what was transpiring regarding the matter.
Commr. Swartz suggested that staff, at whatever stage is appropriate during the review process, to indicate to the Public Service Commission the Board's opposition to said application. Discussion occurred regarding the matter, at which time staff was directed to put the item on the agenda for the October 16, 1990, Board Meeting, for further discussion.
The County Attorney, Ms. Lustgarten, was directed to bring an opinion back to the Board, at the October 16, 1990, Board Meeting, relative to the County's ability to designate utility service areas.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed/Administrative Services-Budget
Request to encumber funds for self-insured property and liability expenditures, as required under the terms of our existing insurance program with Gallagher-Bassett Services, Inc. Annual reinsurance premiums and administration fees are in the amount of $412,118.00.
Accounts Allowed/Contracts, Leases & Agreements/Communications
Request for authorization to renew two twelve-month maintenance agreements between Lake County and GTE Communications Corporation and to encumber funds, in the total amount of $20,329.00.
Accounts Allowed/Communications
Request for authorization to encumber funds, in the amount of $75,600.00, for FY 90-91, to pay 9-1-1 data base and update charges to United Telephone.
Accounts Allowed/Communications
Request for authorization to encumber funds, in the amount of $167,124.40, for FY 90-91, to pay 9-1-1 tandem and circuit charges to United Telephone.
Accounts Allowed/Communications
Request for authorization to pay monthly 9-1-1 charges to United Telephone for tandem, circuit and data base updates, in the amount of $10,503.75, for September.
Accounts Allowed/Public Health
Request for authorization to pay monthly Medicaid Nursing Home bill, in the amount of $31,388.37, and the Medicaid Hospital bill, in the amount of $33,230.14. Medicaid bills for the month of August total $64,618.51.
Deeds/Public Works/Roads-County & State
Request to accept the following right-of-way deeds:
For Lot Approval
Sand Lake Realty & Development, Inc. and Jett Riley - Lake Seneca Road (4-5983)
Kenneth E. and Cora A. Sprayberry - Emeralda Island Road
(5-7528)
PUBLIC WORKS/ROADS-COUNTY & STATE
Commr. Swartz questioned the Director of Public Works, Mr. Jim Stivender, as to whether there was any appropriate signage or designation that should be put in place of school zone signs which will be removed on Hwy. C-44B, due to the fact that the school which they pertain to is no longer in existence, as said building is now being used as a day care center for handicapped individuals.
Mr. Stivender indicated that there was not, at which time he was requested to stay in contact with the day care center and determine if there are any special needs or signage that might be required in the future.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Works for authorization to remove school zone signs on Hwy. C-44B, due to the fact that the school they pertain to is no longer in existence.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/LANDFILLS/ENVIRONMENTAL SERVICES
Mr. Al Thelen, County Manager, explained this request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved Change Order No. 3, by ERC General Contracting Services, Inc., for an additional $38,541.34, for unanticipated costs incurred in the construction of the Astatula Ash Residue Monofill.
ACCOUNTS ALLOWED/GRANTS/STATE AGENCIES
Mr. Lonnie Strickland, Director of Health & General Services, explained this request.
Discussion occurred regarding the request, at which time Mr. James C. Watkins, Clerk, and Ms. Eleanor Anderson, Director of Administrative Services-Budget, gave input.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a revised grant application to the Florida Department of Community Affairs, for Anti-Drug Abuse Act Funds, changing the total grant request to $153,827.00 and the County match to $38,457.00.
PLANNING & DEVELOPMENT/SUBDIVISIONS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the final plat of Silver Glen Subdivision (18 lots in District #3).
BONDS - MOBILE HOME
Commr. Windram questioned this request, at which time Mr. John Swanson, Director of Planning & Development, explained the circumstances behind the request.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved a request by the Planning & Development Department for authorization to demand payment of existing mobile home bond from Claton D. Poole, Cassia area, District #4.
BONDS - MOBILE HOME
Mr. John Swanson, Director of Planning & Development, explained the circumstances behind this request.
Mr. Michael Fashaw, holder of the mobile home bond, appeared before the Board and answered questions pertaining to the matter. He stated he had run out of funds, thus, the reason he had not been able to complete his home.
It was noted construction of Mr. Fashaw's home had been ongoing for approximately six years.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved to grant Mr. Fashaw a six months' extension to his mobile home bond, in order to enable him to fully complete his home.
It was noted this would probably be the last extension granted to Mr. Fashaw.
BONDS - MOBILE HOME
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request by the Planning & Development Department for authorization to demand payment/cancel existing mobile home bond from James Williams, Umatilla area, District #5.
PUBLIC WORKS/RIGHT-OF-WAYS, ROADS & EASEMENTS/ZONING
Mr. Jim Stivender, Director of Public Works, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request to accept "Dedications to the Public", in order to comply with County Zoning Regulations.
BIDS/MUNICIPALITIES/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, explained this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request for Public Works to reject bids on Project No. 3-91, Main Street, Leesburg, Railroad Crossing Improvement.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for Public Works to award Project No. 2-91, Countywide Resurfacing, to Pendarvis Asphalt Transport, Inc, in the amount of $796,771.16 (low bid).
COUNTY ATTORNEY'S MATTERS
COUNTY ATTORNEY/LANDFILLS/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request by the County Attorney to retain the law firm of Gibson and Adams, out of West Palm Beach, for legal services involved in the condemnation proceedings of the sanitary landfill, Site K.
It was noted that said firm was recommended, due to their expertise in this field.
COMMISSIONERS' BUSINESS
ACCOUNTS ALLOWED/FINANCE
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved ratification of the Board on financial items which needed to be paid prior to this Board Meeting.
COMMITTEES/RESOLUTIONS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution encouraging the formation of a State Recyclables Market Task Force.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
Commr. Windram brought up for discussion the matter of a request by Sheriff Knupp for additional funding, in the amount of $100,000.00, for the purpose of hiring four outside deputies, as it is felt they are badly needed.
Discussion occurred regarding the matter, at which time Commr. Swartz stated he had a problem with approving said request as the Sheriff had the opportunity, earlier, of hiring additional deputies; however, he chose to hire clerks instead. He stated another problem he had with the request concerned double taxation. He stated he would rather wait until mid-year to address the issue.
Commr. Bakich clarified the fact that, should there be any balance due, it would come out of the Sheriff's Budget.
Commr. Gregg stated he felt the request was warranted and should be approved.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried, the Board approved to allocate the Sheriff's Department an amount not to exceed $100,000.00, for the purpose of hiring four outside deputies, as requested by Sheriff Knupp.
Commrs. Swartz and Bailey voted "No".
PUBLIC HEARING
ORDINANCES/ZONING
Ms. Annette Star Lustgarten, County Attorney, explained this request.
A brief discussion occurred regarding the matter.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved and adopted Ordinance No. 1990-19, amending Appendix B, The Zoning Regulations, Lake County Code, in relation to temporary occupancy during construction of a residence, providing for amendment to permit travel trailers and motor homes as temporary residences.
MUNICIPALITIES/PLANNING & DEVELOPMENT
Mr. John Swanson, Director of Planning & Development, explained this request.
Mr. Tony Otte, City Administrator, City of Tavares, appeared before the Board to discuss a request for the County's participation in a study of mass transit, with the Tri-County Transit Authority.
A brief discussion occurred regarding the matter, at which time Commr. Swartz stated things such as what the cost would be and what the benefit would be for the Board to become involved are things which would need to come back to the Board for consideration.
Commr. Gregg noted he would like to see staff come up with a Frontage Road Ordinance, as he felt it would work more towards improving traffic in Lake County than anything else that could be done at the present time.
No action was taken at this time.
RECESS & REASSEMBLY
At 10:35 a.m. the Chairman announced that the Board would recess until 2:00 p.m.
COMMISSIONERS' BUSINESS (CONT'D.)
COMMISSIONERS
Commr. Bailey brought up for discussion the matter of the swearing-in of new Commissioners.
Ms. Annette Star Lustgarten, County Attorney, noted that the swearing-in would take place the second Tuesday (November 20, 1990) after the November General Election (November 6, 1990).
Commr. Bailey then questioned when the election of Chairman and Vice-Chairman would take place.
Ms. Lustgarten noted the Board would adopt a resolution appointing Chairman and Vice-Chairman the first Tuesday in December, being, December 4, 1990.
COUNTY ATTORNEY'S MATTERS (CONT'D.)
ENVIRONMENTAL SERVICES/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, brought up for discussion the matter of a suit involving a Lake County property owner and the Department of Community Affairs, regarding the Wekiva River Protection Area.
Ms. Lustgarten stated she had advised the Board, on an earlier occasion, that she would bring back, for the Board's consideration, the option of the County choosing to intervene in the Administrative Hearing process. She stated it is anticipated that County personnel will be called as witnesses in the Administrative Hearing, based on the fact that it is County legislation. She noted it was a State Statute that required the County to enact said legislation; however, due to the fact that it is County legislation, feels it is in the County's best interest to attempt to defend that legislation. She also stated it would be beneficial for the County to request that the Administrative Hearing be held in Lake County.
A brief discussion occurred regarding the matter.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request by the County Attorney, Ms. Lustgarten, to intervene in a suit involving a Lake County property owner and the Department of Community Affairs, concerning the Wekiva River Protection Area.
COMMITTEES/PLANNING & DEVELOPMENT/ROADS-COUNTY & STATE
Mr. John Swanson, Director of Planning & Development, appeared before the Board stating that the draft of the Comprehensive Impact Fee Study before the Board this date was a pre-final draft which needed to be reviewed and a response received from the Board, prior to meeting once again with Mr. Tim Sullivan, Chairman of the Impact Fee Committee, representing the School Board, and Mr. Tom Jackson, Reynolds, Smith & Hills, Consultants, to make final corrections in the Plan itself. He stated that, after this workshop, staff will take it back to the Impact Fee Committee, for review, at which time Mr. Jackson will work on cleaning up the necessary elements in the Plan itself, and then it will be brought back to the Board, for adoption, after the two public hearings which are required.
Commr. Gregg stated he had received several phone calls from individuals who live in unincorporated areas of the County, but live in subdivisions where sewer and water services are provided by private utilities, and were concerned that they were going to be charged an impact fee, when they already have services pertaining to sewer and water impact fees. He stated it needs to be made known, publicly, where those charges will take effect and when they will take effect, so that people will understand the idea is that they are going to pay for the service, once it is provided, and only in the areas it is provided in - that it is not going to be charged across the board in the County. He stated, regarding the School Impact Fee, he would like to see the School Board pass a resolution in support of the School Impact Fee, at such time as the County has its public hearing, so that the Board can be assured
that the School Board has reviewed it and is in agreement with it too.
Discussion occurred regarding the Impact Fee Study, at which time Commr. Swartz questioned how the Committee came up with the Education impact fees.
Mr. Jackson reviewed several charts pertaining to the study, with the Board, in response to Commr. Swartz's question.
After further discussion regarding the study, Mr. Sullivan, Chairman of the Impact Fee Committee, stated that the review this date was for the purpose of allowing the Board to see what the Committee has done and to answer any questions there might be from the Board, in order to enable him to get back with the consultants and come up with a final draft to be brought back to the Board for approval.
The Committee was directed to revise the fire and school impact fees and bring back to the Board a recommendation.
Commr. Gregg stated he would like to have the Committee review, exactly, the wording of the ordinance that will come before the Board, pertaining to the Impact Fee Study, so that there is no misunderstanding, before the Board adopts it.
No action was taken at this time.
RECESS & REASSEMBLY
At 2:55 p.m., the Chairman announced that the Board would take a brief recess.
WORKSHOP - CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN
COMMITTEES/PLANNING & DEVELOPMENT
Mr. John Swanson, Director of Planning & Development, distributed a memo to the Board indicating a synopsis of major changes to the Goals, Objectives, and Policies of the draft Conservation Element, as well as distributed a spreadsheet indicating the costs involved with 28 of the 173 policies concerning the Conservation Element.
Mr. Larry Kirch, Director of Long Range Planning, appeared before the Board and reviewed the memo and the chart "Fiscal
Impacts of the Conservation Element", which had been distributed to the Board by Mr. Swanson.
The Board reviewed the Goals, Objectives, and Policies of the Conservation Element, page by page, at which time considerable discussion occurred regarding same and changes and recommendations were noted and made.
No action was taken at this time.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:00 p.m.
________________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
__________________________________
JAMES C. WATKINS, CLERK
SEC/10-9-90/10-12-90.BCC