A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 18, 1985

The Lake County Board of County Commissioners met in regular session on Tuesday, June 18, 1985, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Courthouse, Tavares, Florida.  Commissioners present at the meeting were:  Glenn C. Burhans, Chairman; James R. Carson, Jr.; Claude E. Smoak, Jr.; C. A. “Lex” Deems; and Thomas J. Windram (arriving at 9:15 a.m.).  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.

budgets

Mr. Watkins, Clerk, informed the Board that he is scheduled for review of the Clerk’s budget for 1985/86 on Thursday, June 20, 1985.  He stated that he would not be present at the budget workshop as he will be attending the Clerk’s Association of the State of Florida Conference which is meeting in Melbourne.  He also stated that Mr. Donald Smalt, Administrative Services, and Mr. Robert Wilson, Finance Director, would be present to answer any questions that the Board might have pertaining to his budget.  He informed the Board that the overall budget increase for 1985/86 is a 2% increase over 1984/85.

licenses & permits

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the following gun permits and bonds:

            new                                                                                       renewals

Joe Dale McLain                                                                     Allen E. Greenwell

Robert J. Pre Genzer                                                               Richard J. Summerlin

Paulina V. Bach                                                                      Jay Ramer

Sharlene Brokaw Coker                                                          William T. Conklin

Ray D. Branham                                                                     Earle Hester, Jr.

John P. Westervelt, II                                                             Gary W. McCutcheon

Magnus Olsen                                                                         James W. Peterson

Bill E. Conrad                                                                         George J. Weilant

Anthony E. Stultz                                                                   Armando Valdes

Diane H. Dunn                                                                        James H. Saunders

David A. Dunn

Ercel E. Jones

Bret Cipes

Robert J. Gallicchio

 

additions

Athan Davis

Mark J. O’Keefe

 

The motion also included denial of a gun permit for Randall J. Skaggs due to the report received from the Lake County Sheriff’s Department.

Commr. Smoak was not present for the vote.

accounts allowed/indigents

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved payment of warrant #49137 through warrant #49426 for the following accounts:

General Revenue                                             County Transportation Trust

Revenue Sharing                                             Fine & Forfeiture

Mosquito Control                                            Law Library

Aquatic Weed                                                 Northeast Ambulance

Northwest Ambulance                                    Section 8

Private Industry Council                                 Countywide Library

Landfills                                                          Special Assessments

 

The motion also included approval of payment for the following indigent:

Mr. Robert Smith for Duane Wittman – June / $50.00

Commr. Smoak was not present for the vote.

clerk/courts-judges

On a motion by Commr. Deems, seconded by Commr. Carson and carried, the Board approved and authorized the Chairman and the Clerk to sign the Satisfaction of Judgment for Richard Earl Beaver, Juvenile, and Cheryl Ann Emmanuel, Parent, in the amount of $50.00, Case #85-256-CJ.

Commr. Smoak was not present for the vote.

reports

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the week ending June 7, 1985, ($10,805.55).

Commr. Smoak was not present for the vote.

county administrator’s agenda

accounts allowed/public works

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the request of the Public Works Department to purchase one cab & chassis from Golden Triangle Ford at a price of $9,547.41 for the replacement of a sign truck.

accounts allowed/road projects

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request for final payment to Trac Roadbuilders for Project No. 9-85, Bay Road Drainage Improvement, in the amount of $31,707.30.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request for a change order with Hewitt Contracting to Project No. 8-85, Radio Road, in the amount of $8,273.00.

accounts allowed/road projects

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the request for the following payments to Hewitt Contracting Company:

1.      Partial payment for Project No. 8-85, Radio Road “Part”, in the amount of $128,338.92.

 

2.      Partial payment for Project No. SA-37, Sorrento Shores, in the amount of $40,634.10.

 

outdoor recreational facilities/signs

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to post signs at the public boat ramps warning boaters of possible damage that could result to trailers due to low water level.

contracts, leases & agreements/public works

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Oscar Burton for a Septic Tank Pumping Franchise.

public works/roads, county & state

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Department of Transportation for Lake County to pay one half of the maintenance costs on Boyd Drive, #4-4262, for railroad warning protective devices.

deeds/roads, county & state/right-of-ways, road, and easements

 

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board accepted a Right-of-Way deed from Gregory & Linda Anderson, Lake Norris Road, #4-7187.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board accepted a Drainage Easement at Springs Bath & Yacht Club from Thomas & Patricia Flynn.

accounts allowed/fairgrounds

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Fairgrounds to purchase a lawn mower for grounds around the building at an anticipated cost of $320.00.

accounts allowed/animal control

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Animal Control to replace a transport cage at an anticipated cost of $600.00.

accounts allowed/personnel

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved travel for Rod Martin, Assistant to the Personnel Manager, to attend the Florida Public Personnel Association (FPPA) Annual Conference at the Diplomat Hotel in Hollywood, Florida, July 16, through July 19, 1985, at an anticipated cost of $332.00.

ordinances/zoning

At 9:15 a.m. the Chairman announced that the advertised time had arrived for the public hearing to discuss a proposed ordinance relating to conditional use permits for mushroom farms and fish farms.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1985, and June 11, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, Director of Development, informed the Board that the proposed ordinance would remove mushroom farms and fish farms from permitted uses under the Agricultural zoning classification and would require that a conditional use permit be granted in order to operate a farm.  He stated that the Board had two options as far as setting standards for both the mushroom and fish farms.  He stated that the Board could create specific standards for mushroom and fish farms, or the Board could evaluate each application individually and set standards at that time.  He stated that the staff has prepared the ordinance without standards and that each application would be reviewed separately.

Mr. Ronald Dye, Leesburg, addressed the Board to discuss problems the residents have with the mushroom farm located on Emeralda Island Road.  He explained the operation of a mushroom farm.  He further explained that there are fly and odor problems.  He stated that the residents were requesting the Board prohibit any further expansion of the mushroom farm.

At 9:30 a.m. the Chairman announced that the public hearing to discuss a proposed ordinance relating to Setback of Improvements from the Centerline of Roads would be postponed for five (5) minutes.

Mr. Edmund A. DeBarre, Leesburg, addressed the Board and presented the Board with a letter he had written in regards to the mushroom farm located on Emeralda Island Road.  He also showed the Board pictures of the mushroom farm.  He stated that mushrooms were not listed as a use under the definition of agriculture.

Commr. Smoak questioned the purpose of placing fish farms under a conditional use permit.  Mr. Sexton replied that there are potential problems with the draining of the tanks and the disposal of dead fish.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to place the following proposed ordinance on the floor for its first and final reading by title only:

AN ORDINANCE AMENDING THE ZONING REGULATIONS OF LAKE COUNTY, FLORIDA, ORDINANCE 1971-6 AS AMENDED, BY DELETING THAT PART OF SECTION 60.113 RELATING TO MUSHROOM CELLARS IN THE “A” AGRICULTURE DISTRICT; FURTHERMORE CREATING SECTION 60.160 (CC) RELATING TO CONDITIONAL USE PERMIT FOR MUSHROOM FARMS AND SECTION 60.160 (DD) RELATING TO CONDITIONAL USE PERMIT FOR FISH FARMS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

 

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance 1985-6 as read on its first and final reading by title only.

ordinances/right-of-ways, roads & easements/zoning

At this time Commr. Burhans announced that the time had arrived for a public hearing to discuss a proposed ordinance relating to setback of improvements from the centerline of roads.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1985, and June 11, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, Director of Development, addressed the Board to discuss the proposed ordinance.  He stated that the proposed ordinance contained a standard definition for a road and for a right-of-way.

Commr. Smoak stated that he did not feel that sidewalks and alleys should be included in the definition of “road” as described under Section III, Section 40.791 in the proposed ordinance.

Commr. Windram stated concern with the height of obstructions that are placed at intersections that may obstruct traffic visibility.  Mr. Sexton stated that at intersections nothing could be planted in the right-of-ways which would be higher than three (3) feet.

Discussion also occurred regarding the setback requirements from a paved road.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to postpone this public hearing until July 2, 1985, at 10:30 a.m. and directed the staff to review the proposed ordinance and concerns expressed by the Board.

zoning

Commr. Smoak addressed the Board to discuss requests that have been received for soil extraction, both for fill and for sand mines.  He discussed a situation in South Lake County that has been approved under a conditional use permit for the extraction of fill and clay.  He stated that these types of situations needed to be addressed on how they are going to be handled.  He stated that the conditional use permits should address the berm.  He further stated concern in regards to a performance bond.  He stated that he felt performance bonds should be required for reclamation and for revegetation on these type situations.  He also suggested looking at a revegetation program within the reclamation process.

At 10:00 a.m. the chairman announced that the public hearing to discuss a proposed ordinance regarding establishing permitted uses on undersized lots would be postponed until 10:15 a.m.

Commr. Smoak suggested that the Board place a moratorium on accepting zoning changes or conditional use permits for clay extraction until the staff has had the opportunity to review the situation and make a recommendation to the Board.

Commr. Smoak also stated that the staff needs to be sure that all extraction in the County is meeting CUP standards in that they are not going below grade.

ordinances/zoning

At this time Commr. Burhans announced that the time had arrived for the public hearing to discuss a proposed ordinance creating Sections 60.133, 61.13, 61.222, and 62.13, which establishes permitted uses on undersized lots and also creates a section defining a household pet.

It was noted that the proper proof of publication was on hand as it appeared in the May 29, 1985, and June 11, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Jerry Sexton, Director of Development, addressed the Board to discuss the proposed ordinance.  He stated that household pets are defined as a normal household animal such as a dog, cat, bird, tropical fish, or hamster.  Household pets do not include cows, pigs, chickens, sheep, goats, horses, mules, burros, bees or other types of farm animals.

Mr. Sexton explained that in the proposed ordinance pertaining to A (Agriculture) and RA (Ranchette District), a provision was included which states:  “A mobile home shall be permitted if fifty percent (50%) of the existing housing within a 1,320 foot radius of the undersized lot consists of mobile homes, or if the existing zoning within a 1,320 foot radius will permit mobile homes.”  He stated that this is not the current regulations, but the staff has used this provision as a policy statement.

Commr. Carson made a motion to approve to adopt the ordinance as presented by Mr. Sexton.  The motion died for a lack of a second.  The Board directed Mr. Sexton to review the proposed ordinance, and directed him to readvertise for another public hearing.

code violations

Commr. Burhans informed the Board that he had received a letter from Mr. Barford requesting reappointment to the Code Enforcement Board in the position of member-at-large.

Mr. Jerry Sexton, Director of Development, informed the Board that Mr. Glass has also indicated that he would like to apply for that same position.  He stated that Mr. Glass is currently serving in that position.  Mr. Willett, County Administrator, suggested the Board delay appointment to this position until the positions for civil engineer and sub-contractor have been advertised to see if anyone applies.  No action was taken at this time.

accounts allowed/agriculture center

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request from the Agriculture Center for acoustical work to be done in the kitchen where the asbestos was removed, at an estimated cost of $600.00.

agriculture center/county employees

Commr. Burhans informed the Board that two employees at the Agriculture Center, Russell Swanson and Doris Taylor, have been promoted by the Florida Cooperative Extension Service in Gainesville.  He stated that the County’s portion in regards to Mrs. Taylor’s promotion would represent an increase of $600.00, and the County’s portion in regards to Mr. Swanson’s promotion would represent an increase of $323.00.  He informed the Board that there is sufficient money in the Agriculture Center’s budget to handle the increase.  It was noted that the State pays 66% of Mr. Swanson’s salary and pays 70% of Mrs. Taylor’s salary.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the salary increases for Mrs. Doris Taylor and Mr. Russell Swanson as requested by the Florida Cooperative Extension Service.

jail/reports

Mr. Watkins, Clerk, addressed the Board to discuss the report from the Jail Task Force Committee.  He gave a brief synopsis on the formation of the committee, committee members, and previous meetings that had been held by the Committee.  He stated that the Board had hired Reynolds, Smith & Hills as the consultants to work with the Committee.  He further stated that with the approval of the Committee and the Board of County Commissioners, Reynolds, Smith & Hills contracted with Correctional Services Group, Inc. to act as a consultant with them on the project.  He stated that the report has been completed and the Committee has recommendations to make to the Board.  He then introduced Mr. Charles Profilet, Reynolds, Smith & Hills, and Mr. Robert Buchanan, Correctional Services Group, Inc., to make the presentation to the Board.

Mr. Charles Profilet addressed the Board and made a few comments on working with the Committee on the project.

Mr. Robert A. Buchanan then addressed the Board to summarize the Lake County Jail Needs Study Report.  He stated that there were four primary factors why they believe a new jail is needed to meet the needs for prisoner compliance through the year 2015:

1.      Inmate overcrowding.

 

2.      A formal complaint filed in the federal court by the Florida Department of Corrections.

 

3.      Critical inspection reports by the Florida Department of Corrections, State Bureau of Fire Prevention and local fire unit.

 

4.      The County’s own perception of the inadequacy of the existing jail facility.

 

Mr. Buchanan pointed out that the current jail facility has several inadequacies.  He stated that the current facility is not in compliance with a substantial number of rules and regulations included in the Administrative Code of Florida, Chapter 33-8.  He stated that the layout of the jail is also inadequate; it is extremely difficult to operate and supervise.

Mr. Buchanan further discussed options which are opened to the County.

option a

Option “A” involves the construction of a new 352-bed facility which would provide all close custody single cells.  In conjunction with this new facility, the present jail would be remodeled to accommodate an estimated 158 medium and minimum security prisoners.  This facility would cost an estimated $12.9 million in 1984 dollars to construct.  Renovation of the existing jail would require funding estimated at $0.7 million to bring it in compliance with the minimum construction standards promulgated by Chapter 33-8 of the Florida Administrative Code.  The combined facilities would require approximately 137 personnel to provide for supervision, administration, records maintenance, program and support services, staffing and associated prisoner operating expenses would translate into an estimated expenditure of $323.8 million over the 30-year life cycle of the jail complex and an estimated operational expense of $19.7 million for the year 2015.

option b

Option “B” involves the construction of an all-new 510 bed full-service jail which would be entirely single cell and cost $17.1 million.  It would be designed to confine the full range of security levels, including all pretrial and sentenced prisoners, with the capability for expansion, should additional prisoner confinement space be warranted in the future.  The existing jail would no longer be used as a detention facility for Lake County and could be either razed or renovated for some other County function.  Option “B” would require an estimated 103 staff to provide the same level of prisoner supervision and services as provided by Option “A.”  This staffing level would translate into an estimated $243.48 million operation expenditure over the 30-year life cycle of this second option, and approximately a $14.8 million operational cost for the year 2015.

Mr. Buchanan pointed out that a summary of the two options was outlined in Page 86 of the report.  He further stated that Option “C” had been eliminated from future consideration.  Option “C” would have involved the construction of an estimated 402-bed medium/minimum security stockade at a site remote from the existing jail and Courthouse complex.  A removed site is warranted due to the size and orientation of the facility.  Option “C” would also have necessitated the renovation of the present jail as primarily a pretrial detention facility.

At this time Mr. Buchanan stated that he would answer any questions the Board might have.

The Board discussed alternative options the County has in operating the jail.  One alternative discussed was privatization of corrections.  Mr. Profilet stated that the County would not escape the cost, but the County might get more benefit with a professional team operating the jail.  Commr. Windram questioned if private individuals operating the jail would have to be deputized.  Mr. Buchanan stated that they do not have to be deputized, but they have to be certified.

Mr. Watkins stated that the reason for today’s presentation was to submit the Lake County Jail Needs Study Report to the Board for their review.  He stated that the Board could recommend the report be referred to the Building Committee for their recommendations.  He expressed his appreciation, as Chairman of the Committee, to the members of the Committee and to the Consultants involved with the project.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the Jail Task Force Study Report, as recommended by the Jail Task Force Study committee, and expressed to the Committee the Board’s appreciation for the effort and the work the Committee has done to date, and that the Committee continue to operate as a viable advisory to the Board in pursuing the continuing needs of jail confinement in Lake County.

contracts, leases & agreements/landfills

Mr. Ford, County Attorney, addressed the Board to present and discuss the contract with NRG/Recovery Group, Inc.  He stated that the contract appears to be the same contract that was approved in January 1985.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board referred the contract with NRG/Recovery Group, Inc. to Mr. Willett, County Administrator, and directed him to work with the County Attorney’s Office in reviewing the contract.

recess & reassembly

At 11:55 a.m. the Chairman announced that the Board would recess for lunch.  The Board reconvened at 2:00 p.m. for the remainder of the County Administrator’s Agenda.

county administrator’s agenda

road closings – Portion of Luella Avenue – Petition #375

Mr. Michael Willett, County Administrator, informed the Board that a letter had been received objecting to the road vacation as the individual wants to use it as an entrance into his property.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Brad Hunter, Orlando, joint owner with Mr. Palmer, addressed the Board objecting to the road vacation.  Mr. Hunter stated that Luella Avenue was the primary entrance into the northeast section of the subdivision.  He stated that it was the closest way out to Hwy. 42.

Mr. John Muir, petitioner, was present to discuss the request with the Board.  He stated that he would like to have that portion of Luella Avenue vacated as he would like to build a garage and he needs the extra footage to do so.  He further stated that Mr. Hunter has three entrances into his property.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board denied the request to vacate a portion of Luella Avenue lying North of Lot 1, Block “Y”, South of Lot 8, Block “W” and East of West line of Lakeview Park Subdivision, as recorded in Plat Book 5, Page 63 of the Public Records of Lake County, Florida by John R. Muir as per Petition No. 375.

road closings – Portion of Gertrude Court – Petition #376

No one present wished to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the vacation of a portion of Gertrude Court lying East of Block 3 of Lake Gertrude Court Subdivision, as recorded in Plat Book 10, Page 8 of the Public Records of Lake County; and an unnamed road lying North of Block 3 of Lake Gertrude Court Subdivision, Lake County, Florida by Michael S. Christensen, W. Glenn Tyre, and Jett Riley as per Petition No. 376.

road closings – Part of Block 50 & Lots in Block 46/Silver Lake Estates – Petition #377

 

No one present wished to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the vacation of a part of Block 50 and Lots 1, 2, 5, 6, 7, & 8 of Block 46, Silver Lake Estates as recorded in Plat Book 5, Page 1 & 2 of the Public Records of Lake County, Florida by H.L. Pringle, Atty. For Rosemary P. & Jack N. Purdum as per Petition No. 377.

road closings – Part of an Alley/Spencers Addition – Petition #379

No one present wished to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the vacation of a part of an alley lying between Lots 4, 5, 6, & Lot 8 of Block 2 of Spencers Addition to Sorrento, in Section 30, Township 19, Range 28E, as recorded in Plat Book 2, Page 27 of the Public Records of Lake County, Florida, by John E. Driggers, DMD, V. Dale Meeks, and William E. Baldree as per Petition No. 379.

road closings – Unnamed Street/Hutchinson’s Addition – Petition #380

No one present wished to discuss this request with the Board.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the vacation of an unnamed Street lying South of Lots 4, 5, 6, 7 of Hutchinson’s Addition, in Section 16, Township 20S, Range 28E, Lake County, Florida by Yalaha Volunteer Fire Department, Inc. as per Petition No. 380.

road closings – 50 Foot Right-Of-Way of Mason Road – Petition #381

Mr. Ray Gatch, Clear Lake, addressed the Board in opposition to the road vacation.  He stated that the reason he objected to the vacation was that it was the only 50 foot right-of-way going into his property.

It was noted that the proper proof of publication was on hand as it appeared in the June 6, and June 13, 1985, editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Willett, County Administrator, informed the Board that he had talked with Mr. Bryan’s engineer regarding the possibility of vacating the right-of-way and also giving Mr. Gatch right-of-way to his property from another access point.

Mr. Russell Bryan, petitioner, was also present to discuss the request with the Board.

Mr. Donald DeBain addressed the Board in favor of the road closing.  He also presented a letter to the Board from Mrs. Tibbals and Mrs. Ball also in favor of the road closing.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the vacation of a portion of a 50 foot right-of-way of Mason Road lying North of Lot 1, and South of Lot H, of Forest Place, as recorded in Plat Book 1, Page 34 of the Public Records of Lake County, Florida, lying West of Clear Lake Drive, being in Section 6, Township 19S, Range 27E, Lake County, Florida, by G. Russell Bryan as per Petition #381, subject to the proper legal documents being submitted dedicating a road right-of-way to Mr. Gatch.

road closings – Sixth Street/Craig’s Addition – Petition #382

It was noted that the proper proof of publication was on hand as it appeared in the June 6, 1985 and June 13, 1985 editions of The Orlando Sentinel, Lake Little Sentinel.

Mr. Mike Jones, representing Orrellco Trust, who is the owner immediately to the north of the property owned by Mr. Silcox, was present to object to the road vacation.  He stated that the Sixth Street right-of-way runs into the back of the Orrellco Trust property.  He stated that if Orrellco Trust sold the back part of the property, the new owners would not be able to have access to that property if the road vacation is approved.

Mr. Lou Tally, attorney representing the petitioner, addressed the Board to discuss the road vacation.  He stated that his clients have agreed to granting Orrellco Trust an easement.  He requested that the Board postpone this request until the easement can be prepared.

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved to postpone this rezoning request until July 16, 1985, until 2:00 p.m. or as soon thereafter as possible.

road closinGs – permission to advertise

Petition #385 – Portion of Sawgrass Road

Mr. Arthur Muns, Orlando, was present requesting permission to advertise a road vacation.  He stated that the road dead-ends into a canal and that no one uses the road with the exception of the two adjoining property owners.  He further stated that he would be willing to give an easement for drainage purposes.

Mr. Willett, County Administrator, stated that it has been Board policy not to vacate in Astor.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board granted permission to advertise for the vacation of a portion of Sawgrass Road in Section 2 according to the Plat of Manhatten Subdivision, recorded in Plat Book 2, Page 2 of the Public Records of Lake County, Florida, by Arthur Muns, Jr. as per Petition No. 385, subject to the property owners giving the County a drainage easement prior to or at the public hearing.

Commr. Windram voted “No.”

Petition #383 – Portion of Fourth Street/Astor

No one present wished to discuss the request with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board granted permission to advertise for the vacation of a portion of Fourth Street, between Ann Street and North George Street, Plat of Astor, Lake County, Florida, by Astor Community Association, c/o Muriel Pease as per Petition No. 383.

Petition #384 - Eighth Street/Craig’s Addition

Mrs. Rosalee Boyd, petitioner, was present to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise for the vacation of a part of Eighth Street bounded on the West by Block 25 and on the East by Block 25, in Craig’s Addition to Sorrento, recorded in Plat Book 1, Page 59 of the Public Records of Lake County, Florida, by William M. Browning and Rosalee Boyd as per Petition No. 384.

Petition #386 – Part of Joanna Drive/Eichelberger Estates

Mrs. Marie Baker, Eustis, was present to discuss the request with the Board.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board granted permission to advertise for the vacation of a part of Joanna Drive as shown on the Plat of Eichelberger Estates, Unit One, as recorded in Plat Book 12, Page 19 of the Public Records of Lake County, Florida, by Marie S. Baker as per Petition No. 386.

subdivisions/road, county & state/resolutions

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the necessary signatures on the final plat of Pelican Isle Estates, Phase II, accepted a maintenance bond in the amount of $5,726.00 for Pelican Isle Estates, Phase II, and accepted the following roads in Pelican Isle into the County maintenance system:

Portion of S. Pelican Isle Drive - #2-3211

Portion of N. Pelican Isle Drive - #2-3211A

West Pelican Road - #2-3211B

 

accounts allowed/fire districts-fire departments

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the request for a check payable to the Postmaster, Tavares, Florida, in the amount of $10,800.00 for postage for letters on the fire structure tax public hearing.

laws & legislation/municipalities/public works

Mr. Michael Willett, County Administrator, addressed the Board to discuss House Bill 1392 – Local Option Gas Tax.  He stated that there has been a change in the legislature and now the Board can either come into agreement with 50% of the cities by July 1, 1985, or the Board can adopt a resolution of the Board’s intent to levy the tax no later than July 15, 1985.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board authorized Mr. Willett to contact the cities indicating the Board’s intention to levy an additional 2¢ gas tax and to seek a distribution formula which is the same as the distribution formula the County is currently operating under, and that the funds derived be distributed back to the cities according to the current formula.  Commr. Smoak stated that the intent of his motion was to meet the timing requirements within the State and include within the County’s budget the anticipated funds partially allocated to the lien assessment program and to the non-collector and non-arterial road system.  He further stated that it was also the intent of the motion that Mr. Willet would be able to negotiate contracts with the cities provided it was under the same guidelines the County is currently operating.

Mr. Windram was not present for the vote.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried, the Board approved to adopt a time schedule for this levy for the next thirty (30) years in compliance with the State Statutes.

Commr. Windram was not present for the vote.

ordinances/water resources

Mr. Willett, County Administrator, informed the Board he had received a request from the Southwest Florida Water Management District for the County to pass a local ordinance regarding water shortage.

The Board referred the request to Mr. Ford, County Attorney, to review the proposed ordinance from the Southwest Florida Water Management District before any action is taken.

assessments/subdivisions

Mr. Willett, County Administrator, addressed the Board regarding a request for petitions for a special assessment in Forest Retreat Subdivision (Dean-Morse Subdivision) on Sunset Strip Road.  He stated that he had received a telephone call stating that the Subdivision would be willing to pay for half of the costs to pave the entrance.  He stated that the Forestry Services refuses to pay any of the costs, but they will provide an easement.

It was the feeling of the Board to postpone any action on the request until Mrs. Kathy McDonald, County Administrator’s Office, would be present as she has been working with the residents on the assessment.

public health/health department/AMBULANCES-hospital

districts

 

Mr. Lonnie Strickland, Director of Health & General Services, addressed the Board to give a report on the status of in-hospital maternity care for medically indigent women.  He stated that each Commissioner has been copied on the Lake County Maternity Program Proposal.  He stated that the Health Care Cost Committee reviewed the concept of taking Medicaid hospital funds which are currently being paid and developing a birthing program under staff guidance.  He stated that he and Dr. Atkinson, Director, Lake County Health Department, have been working on a program that could be operated under and tying in all maternity care aspects.  He stated that he has a tentative commitment from a local obstetrician to participate in the program.  He stated that the obstetrician would still have to have obstetrical/pediatric backup.  He stated that the local pediatricians have objected to anyone providing backup.  He further stated that the hospitals are reluctant to institute the program without an agreement.

Mr. Strickland discussed implementing this program out of monies which are currently being paid under Medicaid Hospital from the County’s General Fund by prorating out the Medicaid hospital bills to the hospital districts.  He stated that a meeting was held with the Northeast and Northwest Hospital Districts, South Lake did not attend the meeting, about them paying the Medicaid hospital share for their district.  Waterman Medical Center has agreed to pay and the Northwest Hospital District has indicated that they are not going to pay, and that the County would have to pursue some type of legal action on setting aside funds.  Mr. Strickland stated that South Lake is also reviewing the request.

Mr. Zeb Osborne, representing Waterman Medical Center, addressed the Board and stated that Waterman would pay their portion of the Medicaid funds under protest.  He stated that if Waterman does a delivery for South Lake, South Lake will reimburse Waterman for the cost of the delivery.  He stated that Waterman has not entered into a contract with South Lake to perform all their deliveries.

Dr. Atkinson, Director, Lake County Health Department, addressed the Board in support of the proposal.

Discussion occurred regarding a sliding fee schedule.  Mr. Strickland stated that if this program was approved, then the sliding fee schedule would have to be rigidly enforced.

Mr. Strickland recommended that the Board approve for him and the County Attorney’s Office to continue with the collection of funds from the other two districts and also recommended the Board approve the program as presented with a sliding fee schedule and direct him to work with the medical staff in Lake County.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board accepted the proposal on maternity care as presented by Mr. Strickland and directed Mr. Strickland to continue working on a possible solution.

Discussion occurred regarding the construction of a birthing facility.  Dr. Atkinson informed the Board that she was opposed to building a birthing center.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board authorized the staff, through the County Administrator and Mr. Strickland, to submit and follow up with a written request for payment of the bills and in lieu of that, ask for a reason in writing why the bills are not being honored by the hospitals or tax districts.

county employees/personnel/public works

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation of Mr. Willett, County Administrator, to increase the salary level for the right-of-way agent from $13,500 - $18,900 to $15,000 - $21,000.

deeds/road, county & state

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to release the road reservation from the Department of Transportation for the following Murphy Act Deed:

1.      #2243 – Release all reservations – College Heights.

accounts allowed/sheriff’s department

On a motion by Commr. Carson, seconded by Commr. Deems and carried, the Board approved the following request for payments from Sheriff Griffin:

1.      Monies in the amount of $940.80 in order to send G. E. Crosby, R. A. Hicks, R. E. Manning, R. F. Ridgway, E. J. Scott and D. G. Thompson to the Basic Corrections Recruit Course at a cost of $156.80 per person.

 

2.      Monies in the amount of $368.00 to reimburse the Lake County Sheriff’s Department for expenses incurred in the following:  sending Captain Perkins to the “Annual Florida Jail Seminar” at the Sheraton Orlando International Airport Inn held June 10, & 11, 1985, $40.00; sending Yvonne McQueen to the “Advanced Judicial Process School” in St. Petersburg held June 5-7, 1985, $283.00 and one (1) year’s subscription to the “Florida Policy Advisor,” $45.00.

 

Commr. Smoak was not present for the vote.

ambulances-hospital districts/public health

Mr. Chris Ford, County Attorney, informed the Board that Waterman Medical Center would like to request not to send their check pertaining to the Medicaid hospital fund to the County until they see if the County can collect from the other hospital districts.

Discussion occurred regarding placing the funds into an escrow account.  Mr. Ford stated that Waterman Medical Center has agreed to pay under protest when the funds have been collected from the other districts.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board authorized the County Attorney’s office to work with Waterman Medical Center to set up a binding escrow account to receive the funds as discussed and that the provision be placed upon the funds that they be refundable to Waterman Medical Center if the County policy changes or if the County is unsuccessful in collecting the funds from the other tax supported hospital districts.

Commr. Carson did not vote on the motion as he was not present for the discussion.

outdoor recreational facilities/planning/resolutions

Mr. Bob Fields, Planning Department, was present to discuss the BMK Ranch and Emeralda Marsh C.A.R.L. Projects.

Mr. Willett, County Administrator, stated that these projects are on the Department of Natural Resources’ priority list, but they will not be funded for approximately three (3) years.  He stated that the State is now in the process of preparing a property map.

Mr. Fields stated that the BMK Ranch is located south of Route 46 down by the Wekiva River.  He informed the Board that there are 20 on a list which will be going before Governor Graham in July.  He stated that Emeralda Marsh is 15th on the list and BMK Ranch is 16th on the list.

Mr. Fields explained that Emeralda Marsh is approximately 13,000 acres and is estimated at $19.1 million and BMK Ranch is approximately 5,700 acres and valued at $18.7 million.

Commr. Smoak stated that the Board has previously gone on record opposing the purchase of BMK Ranch unless the purchase was in a reasonable price range.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Ford, County Attorney, to prepare a Resolution supporting the purchase of Emeralda Marsh and BMK Ranch provided the price per acre does not exceed the Property Appraiser’s assessed value.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:30 p.m.

 

_________________________________

GLENN C. BURHANS, chairman

 

 

ATTEST:

 

 

 

________________________________

JAMES C. WATKINS, CLERK