The Lake County Board of County Commissioners met in regular session on Tuesday, September 1, 1987 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: Thomas J. Windram, Chairman: Glenn C. Burhans; Claude E. Smoak, Jr.: James R. Carson, Jr.: and C. A. "Lex" Deems (arriving at 9:30 a.m.). Others present were: Christopher C. Ford, County Attorney: James C. Watkins, Clerk: Michael C. Willett, County Administrator; Katherine A. McDonald, County Administrator's Assistant: Robert L. Wilson, Finance Director; and Toni M. Austin, Deputy Clerk.
Commr. Carson gave the Invocation and the Pledge of Allegiance was led by Mr. Willett, County Administrator.
COMMISSIONERS
Commr. Burhans acted as Chairman until the arrival of Commr. Windram.
COUNTY ADMINISTRATOR'S AGENDA
ACCOUNTS ALLOWED/AGRICULTURAL CENTER
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, for Deborah Boulware and Doris Taylor, to attend the 1987 Annual Session of the National Association of Extension Home Economists, in Louisville, Kentucky, on October 3-8, 1987, at a total cost of $488.00 (air fare and registration only).
Commr. Windram and Commr. Deems were not present for the vote.
COMMISSIONERS
At 9:05 a.m. Commr. Burhans returned the Chairmanship to Commr. Windram.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/AGRICULTURAL CENTER
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request to reimburse V. Kay McKinney, for tuition, lab fees and books, upon successful completion of Electronic Writing, Micro D Base III and Introduction to Computer Repair courses, at Lake Sumter Community College, at a total estimated cost of $171.00.
Commr. Deems was not present for the vote.
COUNTY ADMINISTRATOR/GRANTS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request to acknowledge receipt, with no objections, to the proposed purchase by the Forest Service, of land from Paul Josefson, in the Moses E. Levy Grant of Lake County.
Commr. Deem was not present for the vote.
BUDGETS/EMERGENCY SERVICES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved the request, from Lake County Emergency Medical Services, for approval of the capital equipment budget, for the fiscal year 1987-88.
Commr. Deems was not present for the vote.
COUNTY ADMINISTRATOR/COURTHOUSE
Mr. Michael C. Willett, County Administrator, discussed with the Board, the use of the Board Meeting Room and Conference Room. He stated that the Fourth Floor Courtroom, in the Old Courthouse, is being utilized by the courts. At this time he requested the use of the Commissioner's rooms, whenever absolutely necessary, without making a request each time it was needed.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board authorized the County Administrator to judiciously use the Board's hearing rooms, in the case of absolute necessity.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
Discussion occurred regarding the request from the Northwest Fire District, to purchase a 200 gallon metal, baffled water tank, at a cost of $562.00, to be installed on a brush truck.
Commr. Smoak discussed with Mr. Chuck Sowers, Fire Coordinator, the possibility of the purchase of a fiber-glass tank.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board authorized the purchase of either the listed metal 200 gallon water tank, or the fiber-glass, at the discretion of Mr. Sowers.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/BIDS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, Erom District #2, Paisley, to purchase a Johnson Mobile Radio, at a cost of $537.00, on County Bid.
Commr. Deems was not present for the vote.
ANIMAL CONTROL/CONTRACTS LEASES & AGREEMENTS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, for signatures on the County/Municipal Animal Control Agreement, with the City of Mascotte.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/ANIMAL CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request, from Animal Control, to purchase a Tranquilizer System, at an estimated cost of $600.00.
Commr. Deems was not present for the vote.
BIDS/MOSQUITO-AQUATIC WEED CONTROL
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request, from Mosquito Control/Aquatic Plant Management, to notify bidders, on Bid #031-070-087, for a mid-size pickup truck, that the County will not purchase from the bid.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, to release an Irrevocable Letter of Credit, in the amount of $3,800.00, for Mary's Villa Road.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/SUBDIVISIONS/BONDS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the following requests:
1. Request to release an Irrevocable Letter of Credit, in the amount of $1,398.00, for maintenance in Golden Heights Subdivision:
2. Request to release a maintenance bond, in the amount of $10,004.00, for Valley Hill Farms Subdivision:
3. Request to release a maintenance bond, in the amount of $11,200.00, on Pine Harbour Subdivision;
4. Request to release an Irrevocable Letter of Credit, in the amount of $1,985.00, for maintenance in Quail Roost, 1st Addition.
Commr. Deems was not present for the vote.
PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, for Final Plat approval of Raintree Harbor Section One Replat.
Commr. Deems was not present for the vote.
RIGHT-OF-WAYS, ROADS & EASEMENTS/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request to accept an Environmental Easement, from William D. Bishop, Sr., in connection with Lake Harris Highlands Subdivision.
Commr. Deems was not present for the vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING DEPARTMENT
Mr. Michael C. Willett, County Administrator, discussed the request, from the Planning Department, for the appointment of the Citizens Advisory Committee, on the Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element of the Comprehensive Plan. He requested that Mr. Phil Conant be included in the appointments, to be the liaison of the Pollution Control Board.
On a motion by Commr. Burhans, seconded by Commr. Carson and carried, the Board approved to establish a 14 member Committee, with the following 13 members being appointed, and with Commr. Burhans bringing a recommendation for the 14th member:
Bill Ray Charles Simanoski, Jr.
Jim Simpson Bob Farner
M. R. Kane Cliff Pence
Dr. J. Branham Garvin Brasseur
R. H. Wolcott Donald Miller
Ted Williams Roland Schmidt
Phil Conant
Commr. Deems was not present for the vote.
CONTRACTS, LEASES & AGREEMENTS/DEVELOPMENT/MUNICIPALITIES
Mr. Mike Szunyog, Director of Development Coordination, was present to discuss the request, from Development Coordination, for signatures on the Planning Interlocal Agreement, with the City of Clermont.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved the request as presented.
Commr. Deems was not present for the vote.
BONDS - MOBILE HOME
On a motion by Commr. Carson, seconded by Commr. Burhans and carried, the Board approved the request, from Charles Powell, Bassville Park Area, Sunnydell Park, to live on the same piece of property on which his conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that his mobile home will be removed upon the completion of his conventional dwelling unit or upon the request of the Board of County Commissioners.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/BIDS/CODE ENFORCEMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, from Code Enforcement, to award Bid No. 022-725-087A, Expand and Improve Code Enforcement Radios, to Master Communications Sales and Service, in the amount of $14,875.50.
Commr. Deems was not present for the vote.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board approved the request, to purchase a YSI Model 33 S-C-T Meter and a YSI Microprocessor D.O. Meter Model 50, for the laboratory, at an approximate cost of $1,285.00.
Commr. Deems was not present for the vote.
POLLUTION CONTROL
Mr. Don Findell, Director of Pollution Control, appeared before the Board to report on the Duda Farms mitigation plan. He stated that plans involve substantial modifications to the Farm's drainage structures, as well as constructing additional retention facilities on the Farms. The modifications have two primary purposes as follows: it reduces the volume of water discharge and the volume of nutrient discharge from the Farms.
Mr. Findell stated that the Pollution Control Board and staff feel that the plans are a very good attempt to deal with the discharge problems at Duda Farms at the present time. He further stated that Duda Farms has met with the St. Johns River Water Management District to discuss the mitigation plans and has received conceptual approval of the plans. Duda Farms is still to meet with the Department of Environmental Regulations.
Mr. Findell stated that Duda Farms is requesting a letter of endorsement from the Pollution Control staff and Board, based on the endorsement of the conceptual plans.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to follow the advice of the Pollution Control Board, to conceptually endorse the proposal from Duda Farms, and to recommend the proposal to DER for further consideration.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request, for partial payment, to Trac Roadbuilders for Project No. 15-87, Lake Louisa Road, in the amount of $92,541.60.
ACCOUNTS ALLOWED/ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request, for partial payment, to Superior Asphalt, for SA-53, Mt. Plymouth, in the amount of $15,597.20.
PUBLIC WORKS/ROADS-COUNTY AND STATE/SIGNS
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the request, to post a 25 m.p.h. speed limit on #4-5983 Lake Seneca Road.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to accept the following deeds:
Right-of-Way
Florence O. Parker #l-7310 Gray's Airport Rd.
David/Linda Pittman #3-2441 Howey Cross Rd.
Drainage Easements
Emery S., Jr./Edith M. Sims Squirrel Point
United Faith Assembly of
God of Haines Creek Sherman Avenue (portion)
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of August 18, 1987, as corrected.
ROAD CLOSINGS - Petition No 467 William K. Stratford
Commr. Smoak referred to the Minutes of August 18, 1987, Page 14 and 15, pertaining to Petition No. 467. He informed the Board that Mr. Stratford, petitioner, had called him, and had written the Chairman a letter, (dated August 19, 1987), as he had so instructed him to do, regarding the road access concerns of Mr. and Mrs. Creech.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board approved for the resolution, on Road Closing Petition No. 467, William K. Stratford, to be recorded.
CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
Mr. Chris Ford, County Attorney, discussed with the Board the annual Criminal Conflict Contract between Howard Babb, Public Defender, and William Stone, Attorney, in the amount of $25,000.00. Mr. Ford stated that he felt that the contract has saved the County a considerable amount of money.
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved and authorized the proper signatures on the Criminal Conflict Contract, as recommended by Mr. Ford, County Attorney.
BUILDING COMMITTEE/COURTHOUSE/COURTS-JUDGES
Mr. Chris Ford, County Attorney, informed the Board that Mr. James C. Watkins, Clerk, would be presenting a request from Judge Ernest C. Aulls, regarding security at the courthouse, once the Building Committee has had the opportunity to review it today.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the request from Sheriff Noel E. Griffin, Jr., for an appropriation of $608.54, pursuant to the Florida Contraband Forfeiture Act, for the purchase of two model #11801 Gold Hunter 7" metal detectors, providing that the funds are available, and from the appropriate account.
LICENSES AND PERMITS
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the following gun permits and bonds:
New Renewals
Margaret M. Torrence Robert M. Hooker
Harvey L. Spears Terry K. Horsley
Robert T. Swartz Timothy Jezek
Dorothy E. Trott Linda K. Wilder
Frank Trott William T. Bland, Jr.
Gayle Henderson Mastak Sara G. Wells
Charles R. Crittenden, Jr. Richard K. Crumpton
Emil E. Brodbeck Sydney Walton, Jr.
Freddie A. Vance
James P. Ivey
William J. Camerer
Wayne H. Blecha
Robert W. Bozeman
James Byron Johnson
Dorris A. Gardner
William Will Gardner
Thomas C. Floyd
William B. Mahan
James M. Reed
Robert R. Mitchell
Linda M. Blecha
Robert L. Barth, Jr.
W. F. Parrish
Fenwick Y. Hill
Johnie J. Jones
Esther M. Kandel
John E. Sproges
Frank S. Alvarez, Jr.
Giacomo Joseph Marotta
BONDS - CONTRACTOR
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the following Contractor Bonds:
#0075-87 Lee D. Poth, Building Contractor
#4511-87 Billie W. Tanner, Quality Solar Systems of Fla. Inc.
(Class B - Air Conditioning)
#4512-87 William Mark Warren (Air Conditioning - Class B)
#4513-87 Schmitt Builders, Inc. (General Contractor)
#4514-87 Larry Amoss d/b/a Craftcom, Inc. (Aluminum)
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Burhans, seconded by Commr. Carson and carried unanimously, the Board approved the following:
1. Satisfaction of Judgment, Case No. 87-442-CJ, for Robert Quinton Downing, Juvenile, Donna Downing, Parent, in the amount of $50.00;
2. Satisfaction of Judgment, Case No. 80-874-CJ-A-01, for Angela Marie Davis, Juvenile, Theresa Glomb, Parent, in the amount of $150.00;
3. Satisfaction of Judgment, Case No. 84-788-CJ, for Reuben Soto Nunez, Juvenile, Guadalupe and Marion Nunez, Parents, in the amount of $150.00.
REPORTS
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board acknowledged receipt of the following Distribution of Revenue Traffic/Criminal Cases, for the following weeks:
August 14, 1987 ($15,655.17) August 21, 1987 ($18,813.01)
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Burhans and carried unanimously, the Board approved the payment of Warrant #71458 through Warrant #71919, for the following accounts:
County Transportation Trust General Revenue
Bassville Fire District Section 8
Mosquito Control Eustis Section 8
Private Industry Council Mt. Plymouth Fire District
Countywide Library Countywide Fire District
Landfills Fine & Forfeiture
Northwest Fire District Revenue Sharing
Paisley Fire District Pasco Fire District
South Lake Fire District Aquatic Weed
Law Enforcement Trust Fund Fish Conservation
Special Assessments
RECESS & REASSEMBLY
At 9:55 a.m. the Board recessed for five minutes.
ORDINANCES/PLANNING DEPARTMENT
At 10:00 a.m. the Chairman announced that the advertised time had arrived for the public hearing on a proposed ordinance providing for public participation in the Comprehensive Planning Process for Lake County. It was noted that the proper proof of publication was on hand as it appeared in the August 14, 1987, and August 25, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
Mr. Rudy Marchese, Director of Planning, was present to discuss the proposed ordinance with the Board.
No one in the audience wished to discuss the proposal at this time.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to place the ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE PROVIDING FOR PUBLIC PARTICIPATION IN THE COMPREHENSIVE PLANNING PROCESS FOR LAKE COUNTY, FLORIDA IN CONFORMANCE WITH THE MANDATES OF CHAPTER 163, PART II, FLORIDA STATUTES AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE: PROVIDING FOR NOTICE TO REAL PROPERTY OWNERS OF PROPOSED ACTIONS: PROVISIONS FOR GENERAL PUBLIC NOTICE: PROVISIONS FOR OPPORTUNITY FOR WRITTEN COMMENTS: PROVISIONS FOR REQUIRED PUBLIC HEARINGS: PROVISIONS FOR CONSIDERATION OF AND RESPONSE TO PUBLIC COMMENTS: AND PROVISIONS FOR AN EXECUTIVE SUMMARY OF THE COMPREHENSIVE PLAN AND/OR ELEMENT UNDER CONSIDERATION.
On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board adopted Ordinance 1987-11, as read by title only, on its first and final reading.
LAWS AND LEGISLATION/PLANNING DEPARTMENT
Mr. Rudy Marchese, Director of Planning, appeared before the Board to discuss the DRI areawide study. He stated that he discussed the intent of the DRI requirements with the Department of Community Affairs, who informed him that it was not the intent of the law to require everthing in the DRI area to become a DRI. Mr. Marchese stated that DCA would be forwarding a letter to him, in regards to this matter, which he will present to the Board at a later date.
Commr. Windram requested that a copy of the letter be sent to the people, who have expressed concerns with this study.
MUNICIPALITIES/PLANNING DEPARTMENT
Mr. Rudy Marchese, Director of Planning, commented on the cities' requests to support their individual Comprehensive Plans. He stated that he has heard from six cities, and was now waiting to hear from Astatula. Mr. Marchese stated that he would be bringing this matter before the Board at the next regular scheduled meeting.
RECESS & REASSEMBLY
At 10:12 a.m. the Chairman announced that the Board would recess until 10:30.
ORDINANCES/POLLUTION CONTROL
At 10:30 a.m. the Chairman announced that the advertised time had arrived for the public hearing on a proposed ordinance providing for the Pollution Control Board to refer Pollution Control cases to the Code Enforcement Board. It was noted that the proper proof of publication was on hand as it appeared in the August 14, 1987, and August 25, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
Mr. Don Findell, Director of Pollution Control, appeared before the Board to discuss the intent of the proposed ordinance. He stated that the County staff previously had two ways of handling violators as follows: (1) by an Emergency Order; (2) by initiating a court proceeding.
Mr. Dick Seron, Tavares, appeared before the Board to question the types of violations to be considered under the proposed ordinance.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved to place the ordinance on the floor for its first and final reading by title only, as follows:
AN ORDINANCE PROVIDING FOR THE POLLUTION CONTROL BOARD TO REFER POLLUTION CONTROL CASES TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR REFERAL TO THE CODE ENFORCEMENT BOARD BY THE POLLUTION CONTROL DIRECTOR; EMPOWERING THE CODE ENFORCEMENT BOARD TO ENFORCE ALL POLLUTION CONTROL RULES AND REGULATIONS; PROVIDING SEVERABILITY CLAUSE AND PROVIDING EFFECTIVE DATE.
On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board adopted Ordinance 1987-10, as read by title only on its first and final reading.
ELECTIONS/MUNICIPALITIES/WATER AUTHORITY
Mr. Michael Stearman, Water Authority, appeared before the Board to request that the following question be placed on the November 3, 1987, election ballot:
Are you in favor of expanding the Oklawaha Basin Recreation and Water Conservation and Control Authority in Lake County, Florida, (The Lake County Water Authority) from a three (3) member Governor appointed Board of Trustees to a five (5) member Governor appointed Board of Trustees?
Commr. Smoak questioned the approach of a straw ballot rather than the direct approach to the legislation. He stated that he felt, if the County goes to a referendum question, the voters should be asked for their opinion as far as electing the members, or having them appointed by the Governor.
Commr. Carson made a motion, which was seconded by Commr. Deems, to place the question, as provided to the Board, on the March 9, 1988, ballot.
Commr. Windram suggested the County review the proposal presented today, to discuss it with the County's legislative delegation, and with respect to the Water Authority, give them the opportunity to return with a specific position to take regarding a change in the membership.
Discussion occurred regarding the placement of the above question on the ballot, along with an additional question regarding the election of a Water Authority representative from each respective district.
Commr. Carson called for the question on the motion.
The motion was defeated with Commr. Windram, Commr. Smoak, and Commr. Burhans voting "no".
Commr. Smoak suggested that our legislative delegation present to the Water Authority information and a mutually agreeable question for the ballot.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved for the above request to be brought back before it, on November 10, 1987, after the November 3, 1987, election for consideration.
ACCOUNTS ALLOWED/CODE ENFORCEMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the employment of Mr. Jack Bennett, Code Administrator, at a starting salary of $16,000.00, and Mr. Leo Vaughn, Construction License Investigator, at a starting salary of $15,000.00, as recommended by Mr. Michael C. Willett, County Administrator.
RECESS & REASSEMBLY
At 11:05 a.m. the Chairman announced that the Board would recess until 11:15 a.m.
COMMITTEES/EMERGENCY SERVICES/REPORTS
Mr. James C. Watkins, Clerk, informed the Board that the 9-l-l Committee has been working with Stottler Stagg & Associates to evaluate the proposals received from United Telephone Company of Florida and GTE. At this time Stottler Stagg & Associates appeared to make a presentation on their recommendations.
Mr. Gary Windjack, Project Manager, Stottler Stagg & Associates, appeared before the Board to make the presentation. Mr. Windjack stated the evaluation methodology set up was based on the scope of work and based on the following catagories:
1. Functional Flexibility
2. Equipment-Reliability
3. Corporate Experience and Support
4. Limitations of the System as Proposed
5. Liability of the System
6. Costs of the Overall System Using a
First Year and Ten Year Costs Analysis
7. Data System
Mr. Windjack presented to the Board a comparative evaluation of each company's abilities and costs, in order to provide the adequate services required by Lake County. The proposal from GTE was in the amount of 2.5 million dollars over a ten year period, and the proposal from United Telephone was in the amount of 3.5 million dollars over a ten year period.
Mr. Windjack discussed costs that would have the probability of being reimbursed by the State.
Mr. Windjack recommended that the County purchase a new computer system, with suitable power backups and hard disk configurations, to provide the date base requirements, and to accept the proposal from GTE, based on having the best qualifications and the lower costs. He stated that GTE would provide performance bonds and on-site staff.
Mr. Windjack further recommended that the County use the projected figures to develop a data processing program, with the data base required, for approximately $16,500.00. At this time he referred to Pages 41-47 in the Analysis and Recommendations Report.
Discussion occurred regarding negligence and liability.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried, the Board approved to endorse the recommendations set forth by the 9-l-l Study Committee; that the Board authorize the County Administrator's Office to pursue, with GTE, through the Committee, negotiation of specific contract language, to be presented to the Board for approval.
Commr. Carson declared a Conflict of Interest and did not vote, due to being on the Board of Directors at United Telephone Company of Florida.
MUNICIPALITIES
Mr. Harry Hicks and Mrs. Sue Pait, Eustis Chamber of Commerce, appeared and informed the Board of the possible impact of the American Autombile Association move into Heathrow.
Mr. Hicks stated that there are 650 headquarter jobs moving out of Virginia, and 150 headquarter jobs moving from Miami, for a total of 800 jobs moving into the Heathrow area. He discussed the impact this would have on Lake County.
Mr. Hicks stated that the Chamber of Commerce would be assisting with the visitors to the area, and requested the County's cooperation.
RECESS & REASSEMBLY
At 12:00 noon the Board recessed for lunch and reconvened at 2:00 p.m. for the workshop on sand mines.
COMMITTEES/DEVELOPMENT/ZONING
Mr. Mike Szunyog, Director of Development, appeared before the Board, and stated that a proposal to place a moratorium on applications for mining and excavation operations was presentd to the Planning and Zoning Commission at its meeting of July 29, 1987.
The Commission unanimously endorsed the proposal and recommended its approval by the Board of County Commissioners. He discussed the application, since withdrawn, for a mining operation on 465 acres in the Lisbon area.
Mr. Szunyog stated that, prior to that application, a committee made up of the staff members of the Planning Department, Department of Development Coordination and Pollution Control, and a member of the Planning and Zoning Commission, had been formed to develop and propose mining and excavation ordinances to the Board of County Commissioners, in order to enable the County to better control the increasing number of mining and excavation operations being proposed.
Mr. Szunyog stated that the mining ordinance previously developed and presented to the Board, in December, 1983, represents a reasonable basis for the ordinance, and it needs to be reviewed and updated to address issues cited, as well as to include more recent State and County regulations and requirements.
At this time Mr. Szunyog presented the following staff recommendations:
1. That the proposed suspension of mining applications be put into effect for a period of not more than six months. Minor additions of five acres or less to existing operations could be exempted from the suspension period:
2. That the Board of County Commissioners authorize the staff/P & Z Committee to pursue over the six month period the development of mining and excavation ordinances for presentation to the Planning and Zoning Commission and the Board of County Commissioners;
3. That the Committee be expanded to include one or more representatives of the mining industry;
4. That, even if the Board of County Commissioners does not effectuate a suspension of mining applications for a six month period, the Board does authorize the Committee to draft a proposed ordinance within a six month time period.
Commr. Smoak publicly stated that he is a beneficial owner of a parcel of land, where there is clay and sand extraction, and sought guidance from the County Attorney, as far as declaring a conflict of interest.
Mr. Chris Ford, County Attorney, stated that this was a relatively small parcel of land, and discussion was pertaining to a principle of a moratorium of six months, or a study, and felt that there would be no conflict of interest in either instance.
Discussion occurred regarding a potential lawsuit. Mr. Ford referred to a Los Angeles case, where the government had taken use of all of the property, but the moratorium recommended today was not one that would deny all use of the land, and he felt that it would not come under the L.A. case.
Mr. Dick Lewis, Public Relations Chairman for Mid-Florida Lakes, appeared before the Board to introduce Miriam McKinney, as spokeswoman for this residential area, to speak on the moratorium, which will be placed countywide.
Mr. Al Lewis, Tara Village, appeared before the Board and requested that the Board take into consideration the audience's concerns regarding the need for a moratorium, until the County has control of the sand mine situation.
Ms. Miriam McKinney, Lisbon, appeared before the Board to present the concerns of the citizens, regarding the future environment and economy of Lake County, in relation to the approval of sand mine and excavation applications.
Ms. McKinney discussed the Minutes of December 6, 1983, from the Board of County Commissioner's Meeting, regarding the rejection of a mining ordinance, and the recent approval of CUP 87/2/5-2, for a CUP in RM (Mobile Home Residential), for pre-development site work, temporary soil-cement plant and mobile home and caretaker's residence. At this time she requested the Board approve a one year moratorium.
Mr. Fred Morrison, Attorney, Florida Crushed Stone Company, appeared before the Board and stated that they are not in opposition of the proposed mining ordinance, and offered to assist in the drafting of an ordinance for Lake County. He addressed the issue of a moratorium stating that the passage of a moratorium, or a mining ordinance, will not relieve the County of the responsibility of deciding whether or not a particular mine should be located in a particular location.
Mr. Morrison suggested the Board's consideration of an insertion in the County's present CUP governing any mine approved, before the ordinance is passed, that the application will be subject to any ordinance later adopted.
Mr. Morrison requested that the moratorium be defeated, with the County looking into a mining ordinance.
Mrs. John D. Warren, Clermont, appeared before the Board and distributed pictures taken during June, 1987, of a sand storm, which caused a blanket of clay over Highway 50, which came from Commr. Smoak's and Mr. Bob Wade's clay pits. Mrs. Warren stated concerns with the future beltway construction on the 28 miles bordering Lake County, with 186 dump trucks trafficing the area for one year.
Mrs. Warren proposed that no sand or clay mines be allowed within a five mile city limit of any city, and when a CUP permit is issued, that it should not be for sand mining.
Ms. Cecelia Bonafay, Attorney from Leesburg, appeared before the Board, representing several developers in the area, to discuss the issue of a moratorium, which is usually issued, if there is an emergency situation. At this time she did not feel that this was the case. She did feel that the County should proceed in the development of an ordinance, which reflects a number of competing issues within the County.
Mr. Don Darley, Director of Environmental Affairs for Florida Rock, appeared before the Board and stated that he was not adversed to County regulations. He discussed the attempt made by the County five years ago for a mining ordinance, which duplicated State regulations. He did not feel that the County should once again make that attempt for an ordinance, but should continue to develop needed regulations.
Mr. Donald Codding, Codding's Sand & Soil Inc., appeared before the Board and stated that he offered to meet with the County five years ago, with the development of an ordinance. Mr. Codding questioned the type of mining involved with the proposed moratorium.
At this time he did not feel a moratorium was necessary.
Commr. Windram clarified that the moratorium would be for future applications, not for existing approved sand mines.
Mr. Chris Ford, County Attorney, stated that he felt the moratorium would be legal and effective. He further stated that, if there are no applications pending, an application from this point forward would probably take two or three months before it would return to the County Commissioners. A four or six month moratorium would probably not affect anything that is presently pending. Mr. Ford stated reservations concerning an insertion being made to the County's CUPs, being subject to a future unknown ordinance, feeling that an argument would be justifiable.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to adopt the recommendation of the Planning staff and the Planning and Zoning Commission, in this respect, that the Board authorize them to proceed and pursue in an expeditious manner, upgrading the proposed ordinance presented in 1984, soliciting both public input and input from the industry, for consideration by this Board of County Commissioners, at the earliest possible time, not to exceed four months.
RECESS & REASSEMBLY
At 3:25 p.m, the Chairman announced that the Board would recess for five minutes.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and submitted a list of proposed appointments to the Primary Health Care Panel.
On a motion by Commr. Burhans, seconded by Commr. Deems and carried unanimously, the Board approved the following, to be appointed to the Primary Health Care Panel:
1. Mr. Lex Deems, County Commissioner
2. Mr. Jim Carson, County Commissioner
3. H.R.S. District III Director, Ms. Susanne Casey
4. Lake Co. Public Health Unit Director, June Atkinson, M.D.
5. Provider - President Lake Co. Medical Society,
Victor Gilbert, M.D.
6. Provider - Mr. Al Haliday, Trustee NW Hospital District
7. Provider - Mr. Bert Lacey, Exec. Director, Lake Sumter
Mental Health
8. Mrs. Debra Boulware, Lake County, Florida
9. Mr. Lonnie Strickland, Lake County, Florida
HEALTH DEPARTMENT
Mrs. June Atkinson, M.D., Lake County Public Health Unit, appeared before the Board to discuss the Primary Care Program. She stated that, if the County decides to become competitive in District Three for State funding, for Primary Health Care, and to still be considered in step one, she will need a Letter of Intent by September 10, 1987. At this time she requested an opinion of the Board, and recommended submitting the Letter of Intent, in order to keep the options open for the County.
On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved the recommendations of Dr. Atkinson, for a Letter of Intent, for State funding for Primary Health Care.
COMMUNICATIONS/COMMISSIONERS/LAWS & LEGISLATION
Commr. Windram informed the Board of a phone call, from Commr. Carter of Orange County, requesting whether or not the Lake County Board would be interested in joining with Orange County, for an educational campaign, in regards to the sales tax referendum.
On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved to respectfully decline the invitation from Orange County, as stated.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 p.m.
THOMAS J. WINDRAM, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/09-04-87