A REGULAR MEETING OF THE BOARD O F COUNTY COMMISSIONERS
DECEMBER 4, 1984
The Lake County Board of County Commissioners met in regular session on Tuesday, December 4, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Roan, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: James R. Carson, Jr.: Claude E. Smoak, Jr.; and Thomas J. Windram. Commr. Deems was not present for the meeting. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director; and Mary C. Grover, Secretary.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of November 20, 1984, as corrected.
BUILDING COMMITTEE/COURTHOUSE
Mrs. Josie Sampadian, Vending Facility Specialist, Department of Education, Division of Blind Services, addressed the Board to discuss the design and installation of a snack bar and vending machines in the Courthouse. She stated that the current vending machines would have to be removed from the refreshment room on the first floor of the New Courthouse, but that the machines could be moved to a different portion of the Courthouse.
Mr. Watkins, Clerk, recommended the request be referred to the Building Committee for further review.
Mr. Harry Nies, Chief Deputy Clerk, addressed the Board and stated that the current vending contract was signed in March, 1977. He stated that it was an on-going contract, but that the contract could be terminated with a thirty day notice.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board referred Mrs. Sampadian's request to the Building Committee for further review.
Commr . Smoak recommended that the Building Committee contact the current vendors indicating the County's legal position and find out what they will be willing to do.
Commr. Windram questioned the legal liability of the County should a snack bar be installed. Mr. Ford, County Attorney, stated that he felt the County's insurance would cover any liability or that a rider to the insurance policy could be added. Mrs. Sampadian informed the Board that the Division of Blind Services would be responsible for any damage occurring in the snack bar area.
COUNTY ADMINISTRATOR'S AGENDA
BONDS - MOBILE HOME
Mr. Michael Willett, County Administrator, informed the
Board that a request had been received from Mr. & Mrs. Hugh Campbell for a mobile home bond. It was noted that this request had been postponed by the Board on November 13, 1984.
Commr. Carson stated that he had been contacted by the President of the Homeowner's Association of Springs, Bath & Yacht Club requesting that the request be postponed until such time their attorney could be present.
It was noted that the request was in Commr. Deems' district and that the request had been postponed at Commr. Deems' request.
Mr. Campbell addressed the Board to discuss his request. He stated he believed he was entitled to place a mobile home on his property until he constructed his house, and further felt he should not be discriminated against.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board postponed Mr. Campbell's request for a mobile home bond until January 2, 1985, at 9:05 a.m.
Commr. Smoak voted "No".
COUNTY EMPLOYEES/PRIVATE INDUSTRY COUNCIL
Mrs. Robbie A. Baird, PIC Director, addressed the Board to request approval of staff reorganization for the Private Industry Council. She requested reclassification of the Private Sector Coordinator and the Training Specialist I positions, and to establish these as Operations Supervisor and Client Development Supervisor directly responsible to the Operations Coordinator and the Client Development Coordinator, respectively. Establishment of these supervisory positions would allow for greater operational productivity and more efficient planning functions by reducing the necessity of management's involvement in day-to-day minor difficulties and questions posted routinely by staff. The remainder of the reorganization plan would involve changes in job titles with limited change in current job duties and salary ranges which allows greater flexibility in specific job assignment and opportunities for cross-training staff.
Mrs. Baird also requested, as a part of the reorganization process, that the Board consider the concept of development and implementation of a performance-based contract relative to filling a vacant Training Specialist position. An individual, recruited and hired to fill this position, would function as the staff person primarily responsible for providing employment and training services to Older Workers under the terms and conditions of the contract with the VLF-PIC for Older Workers funding. She stated that this individual would function in a staff position, responsible directly to the Operation Supervisor and the Operations Coordinator, and would be paid based on specified contingencies for performance-enrollment of Older Workers on the program, placement of Older Workers into unsubsidized employment, and retention of the Older Worker for a 30-day period. She stated that she had drafted a contract which needs to be reviewed by the County Attorney's office.
Mr. Robert Wilson, Finance Director, stated that the majority of the contracts for the Private Industry Council are drawn up on a performance basis.
The Board discussed Mrs. Baird's proposal for employing an individual on a performance-based contract.
On a motion by Commr. Windram, seconded by Commr. Carson and
carried unanimously, the Board approved the requests as presented
by Mrs. Baird.
ZONING
PUBLIC HEARING #173-84-5 Amend Master Plan Peter Germeroth &
Associates, Inc.
Mr. Larry Taylor, attorney representing Lakeview Terrace, was present to discuss the rezoning request with the Board.
No one present in the audience wished to object to the rezoning request.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved to amend the Master Plan of PUD to delete a 120 bed nursing facility.
PUBLIC HEARING #172-84-5 M-l to RR Peter Germeroth &
Associates, Inc
No one present wished to discuss this request with the Board.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved rezoning from M-l (Heavy Industrial) to RR (Rural Residential).
PUBLIC HEARING CUP #948-5 CUP in RR Peter Germeroth &
Associates, Inc.
No one present wished to discuss this request with the Board.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board upheld the recommendation of the Planning Commission and approved the classification of uses and a CUP in RR (Rural Residential) for a nursing facility.
Commr. Windram was not present for the vote.
COUNTY ADMINISTRATOR'S AGENDA (CONT.)
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved final payment to Kucera and Associates for county wide aerial photography in the amount of $17,230.84.
Commr. Windram abstained from voting as he was not present for the discussion.
COUNTY EMPLOYEES/PERSONNEL
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved reclassification of the Executive Secretary position to a Secretary II position in the Personnel Department.
COUNTY EMPLOYEES/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved reclassification of a Field Technician's position to a Lab Technician's position at the same salary range in the Pollution Control Department.
PLANNING DEPARTMENT
Mr. Jerry Sexton, Director of Development, was present to request approval to amend the Development Order for Bramalea to incorporate the application for development approval by reference as required by Chapter 9B-16, Florida Administrative Code, as requested by the Department of Community Affairs.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to amend the Development Order for Bramalea.
BIDS/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to award Project #4-85, Round Lake Road to Hewitt Contracting for $91,999.25.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved final payment to Trac Roadbuilders for Project No. SA-24, Ocala Forest Campsites #3, in the amount of $40,321.25.
RESOLUTIONS/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board accepted the following roads in Ocala Forest Campsites #3 into the County maintenance system:
Panther Road - #5-9080
Mallard Road - #5-90808
Deer Road - #5-9080A
Bear Road - #5-908OC
Commr . Smoak was not present for the vote.
DEEDS/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board accepted the right-of-way deed from Harley G. and Priscilla Morse - East Road, #5-8688.
Commr. Smoak was not present for the vote.
SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved to release maintenance bonds on the following subdivisions:
1. Brendenwood, 1st Addition
2 . Old Mill Run
Commr. Smoak was not present for the vote.
On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the final plat of Harbor Oaks Sub- division and accepted a Performance Bond in the amount of $42,680.00.
Commr. Smoak was not present for the vote.
ASSESSMENTS
Mrs. Kathy McDonald, Assistant to the Public Works Director, addressed the Board and stated that errors had been made on the assessment roll on Project No. SA-25, Astor Forest Campsites (Wildhog Road, Hyacinth Road and Acorn Road). She stated that the paving stops a few feet short from the property line. She stated that the Department has prepared an amended assessment roll for the two properties which were involved.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the corrected assessment roll on Project No. SA-25, Astor Forest Campsites (Wildhog Road, Hyacinth Road, and Acorn Road).
CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the lease between Lake County and the Armory Board of the State of Florida, leasing approximately 10 acres of County property for the use of a maintenance shop for the National Guard.
FIRE DISTRICTS-FIRE DEPARTMENTS
Mr. Michael Willett, County Administrator, addressed the Board to report on a meeting that he and Commr. Smoak had with the consultant on the canputerization of the County's records in regards to the fire structure tax. He stated that he would like to make the Board aware of the following two items which were discussed at the meeting:
1. Using the tangible tax roll to compute the fire tax for
mobile home parks.
2. Assessment for recreational vehicle parks.
Mr. Willett explained that he had researched the possibility of assessing recreational vehicle parks based on average occupancy on a county wide basis. He stated that data has been received from the Florida Recreational Vehicle Park Association, which indicated that the average occupancy rate is 40%. He stated that he needed to do further research before a recanmendation could be made to the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved the recommendation of Mr. Willett to use the tangible tax roll to compute the fire tax for mobile home parks.
Commr. Smoak was not present for the vote.
COMMUNICATIONS/HOUSING FINANCE AUTHORITY/MUNICIPALITIES
Mr. Joseph Kantor, Westcott Development, Inc., appeared before the Board to request approval for a multi-family, tax- exempt bond to finance a project in the City of Clermont. He stated that the project would be located at the intersection of Highway 50 and U.S. 27. The project is a 200 unit housing project for senior citizens. He gave a brief presentation on the project.
Commr. Carson questioned if Mr. Kantor should make his presentation before the City of Clermont instead of before the Board. Mr. Kantor explained that he has had contact with the City of Clermont and it was his opinion that the City was in favor of the project. He stated that the reason he was appearing before the Board was that the Orange County Housing Finance Authority suggested that he make his presentation to the Board first, and if it is approved, then a resolution would have to be prepared and sent to the Housing Finance Authority.
Commr. Smoak stated that it was his opinion that Mr. Kantor is requesting the Board to review the proposal and indicate to the Housing Finance Authority that Lake County would be interested in multi-family rental bond issues. He stated that the Board needed to approve, conceptually, the plan and agree, by resolution, to request and direct the Orange County Housing Finance Authority to seek a sale for the bond.
Commr. Smoak made a motion, which was seconded by Commr. Carson to grant preliminary approval of the project subject to the specific approval necessary from the City of Clermont, and that our agent, Orange County Housing Finance Authority, be instructed to work with Mr. Kantor in seeking a bond issue for this specific construction project.
Mr. Ford, County Attorney, stated that he felt the Board would have to pass a resolution that allows the bonding agency to include Lake County in the multi-family program.
Mr. Hoveck was present to answer questions that the Board might have.
Commr. Smoak withdrew his motion.
Discussion continued regarding approving the project conceptally and approval for Lake County to enter into multi- amily bond issues.
Commr. Carson made a motion to approve for a resolution to be sent to the Orange County Housing Finance Authority requesting Lake County be included in their multi-family housing bond program.
The motion died for a lack of a second.
Commr. Windram informed the Board that he was not opposing the project, but he felt the project should have been initiated with the City of Clermont and that the request should cane from the City.
RECESS & REASSEMBLY
At 11:15 a.m. the Chairman announced that the Board would recess for ten (10) minutes. The Board reconvened at 11:25 a.m.
COMMUNICATIONS/HOUSING FINANCE AUTHORITY/MUNICIPALITIES
(CONT.)
Commr. Smoak informed the Board that he had contacted Mr. Forbes, the City Manager of Clermont, and that the City did not have any objections to the County's approval of the proposal, conceptually, and that by the County taking that approach, the City would not be committed to the project.
Mr. Ford informed the Board that he had spoken with a staff member from the Orange County Housing Finance Authority, and she recommended that the Board state that they would consider an inducement and then table the request so that there would be no specific approval of the project. She also indicated that the major problem was that Lake County has not approved multi-family projects, and that is a problem that any developer would have.
It was the feeling of the Commission that Mr. Sam Mazotta, Orange County Housing Finance Authority, should be present to discuss the multi-family projects.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board conceptually approved the project subject to the City of Clermont's specific approval of this project, and that information be relayed to the Orange County Housing Finance Authority indicating the County's willingness to work with Mr. Kantor under the statutory requirements and guidelines of our agent.
Commr . Windram voted "No".
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board appointed Mr. Derryl Benton, Council Member from the City of Eustis, to serve on the Tourist Development Tax Committee in the position vacated by Mr. Steve Kurtz.
COMMUNICATIONS/PUBLIC WORKS
Commr . Windram read a letter he had received from the Sylvan Shores Association requesting assistance to repair the sidewalk around Lake Gertrude. Mr. Willett, County Administrator, stated that he was reviewing the request and would report back to the Board with a recommendation.
COUNTY ADMINISTRATOR'S AGENDA (CONT.)
PLANNING DEPARTMENT/ZONING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the establishment of procedures for the site plan review, mainly site plans for commercial and industrial facilities, as recommended by Mr. Willett, County Administrator.
BIDS/LANDFILLS
Mr. Willett, County Administrator, addressed the Board and requested approval to bid for the fencing of the Astatula I Landfill as required by the Department of Environmental Regulations (DER).
Discussion occurred regarding the County staff installing the fencing. Mr. Willett stated that as the whole area needs to be fenced in, he did not feel the County could do the project in time to get the needed permits from DER.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved to bid for the fencing of the Astatula I Landf ill.
Commr . Burhans voted "No".
POLLUTION CONTROL/MEETINGS
Mr. Willett, County Administrator, informed the Board that public hearings on the designation of a hazardous waste storage/ transfer facility will be held by the Pollution Control Department at 1O:OO a.m. on Thursday, December 6, 1984, in the Old Courthouse, 4th Floor, and by the Board at 9:30 a.m. on Tuesday, December 18, 1984.
COMMUNICATIONS/PUBLIC WORKS
Commr . Burhans informed the Board that a request had been received by the Sumter Correctional Institution for the County to supply the facility with 250 yards of fill dirt.
Mr. Willett, County Administrator, stated that Mr. Daniels, Public Works, was under the impression that the fill dirt would be used in Lake County. He stated that Mr. Daniels would be contacting the Correctional Institute and that he would report back to the Board with a recommendation.
RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board adopted a Resolution proclaiming December 9-15, 1984, as "National Drunk and Drugged Driving Awareness Week".
GAME & FRESH WATER FISH COMMISSION/RESOLUTIONS
Mr. Ford, County Attorney, informed the Board that he had prepared the Resolution requesting the State of Florida Game & Fresh Water Fish Commission to prohibit the killing of does at the Wekiva River. He questioned if the Board would like to include the Department of Natural Resources to the Resolution. It was the feeling of the Board that the Department of Natural Resources should be included in the Resolution.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chairman and the Clerk to sign the Resolution requesting that the killing of does be prohibited at the Wekiva River.
HOUSING FINANCE AUTHORITY
Mr. Ford, County Attorney, questioned if the Board would like a resolution authorizing the Orange County Housing Finance Authority to begin working on multi-family housing bond program.
It was the feeling of the Board that Mr. Sam Mazotta, Lake County's agent on the Orange County Housing Finance Authority, should make a presentation to the Board regarding the multi- family housing bond program.
BONDS - CONTRACTOR
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds, new and cancellations:
NEW
282-85 Bill LaBree d/b/a Bill LaBree Plumbing (Plumbing)
1345-85 Mar-land J. Braksick (Residential)
1352-85 Richard Webb (Masonry)
1855-85 Robert Lee Walker (Residential)
4090-85 Robert Hartleb (Electic)
4191-85 Robert L. Humphrey (Aluminum)
4190-85 Jeff Walker (Painting)
4101-85 Lanny R. Walker (Residential)
4192-85 Robert B. Orr (Electrical)
4193-85 Robert Morrison d/b/a Morrison Electric (Electrical)
4194-85 Robert R. Walker (Swimming Pool)
4195-85 Robert E. Humphrey (Glass)
CANCELLATIONS
413 E. c. Jackson d/b/a E. C. Jackson Electric
936 Joseph R. Bon Jorn d/b/a Advance Electric
1722 James J. McCutcheon d/b/a J-Mac Builders
4022 Stephen D. Davis d/b/a Steve Davis Plumbing
LICENSES & PERMITS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved a gun permit and bond for D. P. Wilder.
ACCOUNTS ALLOWED/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved payment of warrant #45182 through warrant #45208 for the following accounts:
General Revenue Fine & Forfeiture
Mosquito Control County Transportation Trust
Law Library Aquatic Weed
Section 8 Private Industry Council
Landfills Law Enforcement Trust Fund
Countywide Library Special Assessments
The motion also included payment for the following Indigents:
Mary Burgess for Nioka Jorgenson - $5O/November
BONDS/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved and authorized the necessary signatures on the Public Official Bond for Sheriff Noel E. Griffin, Jr.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue Traffic/Criminal Cases for the following weeks:
November 16, 1984 - $7,310.97
November 21, 1984 - $5,682.11
RECESS & REASSEMBLY
At 11:45 a.m. the Chairman announced that the Board would adjourn for lunch. The meeting reconvened at 2:00 p.m. for the work session on Growth Management Issues.
REZONING
PUBLIC HEARING #139-84-5 Amend CP Peter Tworoger
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board postponed this rezoning case until January 2, 1985, at 2:00 p.m.
INSURANCE
Commr. Carson gave a report on the Insurance Committee meeting. He stated that the Committee recommended that the County renew the Group Medical Family Coverage Policy with Gulf Life Insurance Company for another year at an increased rate and also recommended that the deductible be increased from $100.00 to $200.00.
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the recanmendations of the Insurance Committee to renew the Group Medical Family Coverage Policy with Gulf Life Insurance Company for another year at increased rates and that the deductible be increased from $100.00 to $200.00.
PLANNING DEPARTMENT
At this time, Mr. Dan Kotulla, Director of Planning, gave his presentation on the Future Land Use Plan, and the major growth and development issues affecting it, as outlined by the memorandum from Mr. Willett, County Administrator, dated November 30, 1984. He stated that the purpose of the Future Land Use Plan was to designate how land will be used throughout the County and to develop goals, objectives, and policies to be followed for controlling and distributing population densities and the intensity of development.
Discussion occurred regarding the County implementing its Urban Containment Policy. Mr. Willett, County Administrator, stated there were three major goals for urban containment:
1. Preserve agricultural land.
2. Maintain the quality of life in Lake County particularly to protect the agricultural land.
3. Cities offer the services and it is easier to expand the services based upon the urban containment policy.
Mr. Jerry Sexton, Director of Development, was present to discuss the implementation of the Land Use Plan as outlined on the memorandum from Mr. Willett dated November 30, 1984.
Mr. Sexton discussed the following major problem areas which should be resolved and policies established:
Land Use Controls
Infrastructure Improvements
Water Supply/Fire Protection
Transportation
Under the discussion for Land Use Controls, Commr. Smoak recommended the staff to review for the Board, how the County can effectively cooperate and work more closely with the cities than is being done today. Mr. Willett stated that he agreed with Commr. Smoak's recanmendation. He stated that the staff would prepare a document for the cities' review regarding how the County should address the cities' growth problems in the Comprehensive Plan.
Discussion occurred regarding the adoption of the Subdivision Regulations under Chapter 163 of the Florida Statutes. Mr. Minkoff, County Attorney's Office, stated that the Board has opposed adoption of the Zoning Ordinance under Chapter 163, as it would eliminate the Conditional Use Permits and create Special Exceptions which would go before the Board of Zoning Appeals instead of before the Commission.
At this time Commr. Carson excused himself from the meeting.
Discussion occurred regarding central water/sewer systems.
Commr. Smoak suggested that the staff prepare recanmendations addressing water from the standpoint of quantity and quality of subdivisions or from the fire suppression standpoint, etc. and report back to the Board with a report.
Mr. Sexton summarized what areas the Development Department would be reviewing and making recanmendations to the Board.
COMMITTEES/RESOLUTIONS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted a Resolution commending Mr. Buqni, a member on the Health Care Cost Committee, for the task force proposal that he compiled.
COUNTY ADMINISTRATOR
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board declared Christmas Eve, December 24, 1984, a holiday for County employees.
There being no further business to be brought to the attention, of the Board, the meeting adjourned at 4:30 p.m.
GLENN C. BURHANS, CHAIRMAN
JAMES C. WATKINS, CLERK
mcg/12-6-84