The Lake County Board of County Commissioners met in regular session on Tuesday, March 1, 1988 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: Glenn C. Burhans, Chairman; Thomas J. Windram; Claude E. Smoak, Jr.: James R. Carson, Jr.; and Don Bailey. 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.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.
ACCOUNTS ALLOWED/CHECKS RECEIVED/SHERIFF'S DEPARTMENT
Sheriff Noel E. Griffin, Jr., appeared before the Board and submitted a check, in the amount of $1,680.00, as a refund from the State of Florida, in regards to the firearms concealed weapon applications. At this time, Sheriff Griffin requested that the Board acknowledge receipt of the check, and approve his request for the monies to be placed in the Amended Law Operating Expense Budget, Account 521-529, Uniforms, for the purchase of bullet proof vests.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board acknowledged receipt of the check, in the amount of $1,680.00, from Sheriff Griffin, and approved the request for the money to be placed in the Sheriff's Amended Law Operating Expense Budget, to be used for the purchase of bullet proof vests.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 16, 1988, as submitted.
ACCOUNTS ALLOWED
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the payment of Warrant #77306 through Warrant #77791, for the following accounts:
County Transportation Trust Paisley Fire District
Pasco Fire District Landfills
Northwest Fire District Section 8
Countywide Fire District General Revenue
Mt. Plymouth Fire District Mosquito Control
Eustis Section 8 Fine & Forfeiture
Countywide Library Private Industry Council
South Lake Fire District Bassville Fire District
Emergency 911 Fund Capital Outlay
Aquatic Weed Special Assessments
Road Impact Law Library
CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the agreement with Astrophysics Corporation, for maintenance and training of personnel, in use of the new security equipment to be used in the Courthouse.
ACCOUNTS ALLOWED/ASSESSMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on the Satisfaction of Assessment Lien, for Richard Eugene and Rita Ranize, in the amount of $2,790.83, retroactive to February 22, 1988, due to a recording error.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on the following Satisfaction of Judgments:
Paul Wayne Smith, Juvenile, and Mary V. Wilson, Parent -$
50.00 - 87-1191-CJ
Mike Camilli, Judy Camilli, and Donald Dwane Camilli -$
450.00 - 88-70-CJ
Jeff A. Roberts, Juvenile, and JoAnn Dunn, Parent -$
50.00 - 87-49-CJ
Tyson Eugene Carver, Juvenile, and Larry G. Carver, Parent -$
50.00 - 87-1069-CJ
PUBLIC HEALTH/REPORTS/WATER RESOURCES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of the following:
1. Report of the Activities and Expenditures of the Lake County Public Health Unit (CPHU), for the period ending December 31, 1987.
2. Southwest Florida Water Management District's audit report, for the fiscal year 1987.
COMMITTEES/ELECTIONS
Commr. Burhans requested assistance with the Canvassing Board on March 9, 1988, and Commr. Bailey and Commr. Carson volunteered.
COUNTY ADMINISTRATOR'S AGENDA
CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request for revision of the standard cablevision agreement, by deletion of paragraph 14, outlining specific stations and channels to be carried.
Commr. Smoak was not present for the vote.
CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from R. E. Oswalt, for a sixty day extension, in order to comply with the cablevision agreement.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
MOSQUITO-AQUATIC PLANT MANAGEMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mosquito/Aquatic Plant Management, to purchase a mid-size pickup truck, from State Contract, with State II Funds, at an estimated cost of $8,145.00.
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from Pollution Control, to fill the Environmental Specialist position, at a starting salary of $25,000.00.
ACCOUNTS ALLOWED/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Fire Protection, to purchase a computer, monitor, printer, software and accessories, at an estimated cost of $1,932.00.
APPOINTMENTS-RESIGNATIONS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Pasco Fire District Advisory Board, to appoint Mr. Robert B. Smithes, from the Golden Triangle area, to fill the area position previously held by Ted Schaffer.
APPRAISALS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to appraise two 40' x 100' lots adjoining the rear property line of Pasco District Station #46, Meadows.
CONTRACTS, LEASES & AGREEMENTS/FIRE DISTRICTS-FIRE DEPARTMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for signatures on the Second Amendment to a Lease between Lake County and the School Board, for property on which the Altoona Fire Station is located. The amendment changes the lessee to Lake County Board of County Commissioners, and adds additional land.
FIRE DISTRICTS-FIRE DEPARTMENTS/PUBLIC HEALTH
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Emergency Medical Services, to transfer a 1979 Ford E-350, to Lake County Fire Protection, with no transfer of funds involved.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PRIVATE
INDUSTRY COUNCIL
Ms. Robbie Baird, Director of the Private Industry Council, was present to discuss the request from the Private Industry Council for a modification to extend the Teleios Ministries Offender contract, in the amount not to exceed $14,700.00.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request, as indicated above.
ACCOUNTS ALLOWED/BUILDING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Building Department, to hire Norman Guy, as Chief Building Inspector, at a starting salary of $23,000.00.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request from the Planning Department for Mike Szunyog to attend the "Preparing the Capital Improvements Element" workshop in Tallahassee, on March 23-24, 1988, at an approximate cost of $99.00.
Commr. Windram was not present for the vote.
PLANNING DEPARTMENT
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request for preliminary approval of Pine Valley Industrial Park.
PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for final plat approval, of Silver Lake Hill.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for final plat approval of Grand Terrace Subdivision and acceptance of an Irrevocable Letter of Credit, in the amount of $158,000.00, for performance.
ACCOUNTS ALLOWED/PLANNING DEPARTMENT/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to release an Irrevocable Letter of Credit, in the amount of $l0,000.00, for maintenance, in Silver Oaks Subdivision.
BONDS - MOBILE HOME
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request for Carlo Parisi, South Clermont Area, District #3, 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 the mobile home will be removed, upon the completion of the conventional dwelling unit, or upon the request of the Board of County Commissioners.
Included in the motion, was Board approval of the request for the cancellation of the bond for Robert C. Lamb, Sugar Loaf Mountain Area, District #3.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for partial payment, to Trac Roadbuilders for the following:
Project 3-88 Grand Highway/Mohawk Rd. $28,643.94
Project 2-88 Huff Road $22,366.44
ACCOUNTS ALLOWED/MUNICIPALITIES/ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request for final payment to Superior Asphalt Company, for Project 18-87, SE Umatilla Drainage Project, in the amount of $3,535.90.
ACCOUNTS ALLOWED/PUBLIC WORKS/ROADS-COUNTY AND STATE
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for one-time maintenance, on Williams Street, in the Cisky Park area, in the amount of $60.00, for Mr. Harry Lundin.
ACCOUNTS ALLOWED/MUNICIPALITIES/PUBLIC WORKS
ROADS-COUNTY AND STATE
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the request for one-time maintenance, on Grove Avenue, in the Mt. Dora area, in the amount of $30.00, for Mr. David Sellers.
ACCOUNTS ALLOWED/PUBLIC WORKS
Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss the purchase of a P & H Model 325 TC 25 ton motor crane, not to exceed $75,000.00. Mr. Benedum informed the Board that the cost to purchase a new one would be in the amount of $235,000.00. He stated that the requested purchase of the used motor crane would be from a private contractor, with the crane being used as a dragline.
Mr. Charlie Daniels, Public Works Department, presented pictures to the Board of the equipment being discussed.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to purchase the P & H Model 325 TC 25 ton motor crane, not to exceed $75,000.00, and for the presently used equipment to be disposed of at auction, or by any other manner that the Engineer feels is appropriate.
ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request to advertise for bid, two or more 120 HP graders, at a total estimated cost of $165,000.00, as budgeted.
ACCOUNTS ALLOWED/PUBLIC WORKS
Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss the need for the creation of a new Secretarial-Receptionist position, in the Public Works Department.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to create a new position of Secretary I, for the Public Works Department.
Included in the motion was approval of the request to purchase a secretarial desk, a chair and IBM Wheelwriter typewriter, for the new position of Secretary-Receptionist, in the Public Works Department, at an estimated cost of $1,185.00.
PUBLIC WORKS/RESOLUTIONS/ROADS-COUNTY AND STATE/SIGNS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to place a 25 m.p.h. school zone sign, on County Road 44, at Victory Christian School.
Mr. Ben Benedum, Director of Public Works, appeared before the Board to discuss a request from the Lake County School Board, for the County to make signs for the school property, including signs indicating "Keep Off the Grass", "NO Dumping", "No Parking", etc. He stated that there would be approximately 240 signs that need to be made, which would cost $2,368.80.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request from the Lake County School Board, as discussed and presented above by Mr. Benedum, Director of Public Works.
CLAY PITS/RIGHT-OF-WAYS, ROADS & EASEMENTS
ROADS-COUNTY AND STATE
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to grant an easement, to Sumter Electric Cooperative, Inc., for an aerial crossing, on the northwest corner of the clay pit off Highway 455 near the U.S. Forestry Tower.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Gary N./Janet C. Brown #l-7212 Griffin View Rd.
Gary N./Janet C. Brown #l-7212 Griffin View Rd.
Fred N./Carolyn B. Orme #2-3215 Hollandel Rd.
James H./Mollie B. McFarland #2-3215 Hollandel Rd.
Paul H./Linda J. Lorentz Windy Hill Drive
(#4-6279 soon to be
accepted)
MUNICIPALITIES/PUBLIC WORKS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from the City of Fruitland Park, for clay, for use at the Cales Memorial Complex, in an amount up to 500 cubic yards, as recommended by the County Administrator.
DEEDS/RIGHT-OF-WAYS, ROADS AND EASEMENTS
Mr. Michael C. Willett, County Administrator, discussed with the Board, a deed which had been accepted from Mr. Eulett in November, 1987, on Grassy Lake Road. Mr. Willett stated that, in December, 1987, the Board rescinded that action, but the staff failed to inform Mr. Eulett of the Board's action until last week. He stated that there are 30 foot right-of-ways on the north and south. Mr. Eulett submitted and requested from the Board, an easement, at that time, so that the property would not have to be replatted. Mr. Eulett also submitted construction plans, and started construction, but the plans have not been approved by the staff or the Board.
Commr. Smoak stated, for the record, that he is an adjacent property owner to Mr. Eulett's property. However, the right-of-way, which Mr. Eulett dedicated to the County, would not affect any property that Commr. Smoak owns. Commr. Smoak stated that Mr. Eulett bought a piece of land, within a Howey subdivision, where there are platted streets on either side of the property. A request had been made, of the County Administrator, to investigate exactly where that right-of-way lies. Mr. Willett brought back to the Board information indicating that the road was not on a right-of-way, but was at the back line of the lots in the subdivision. Therefore, it did not access the back property, and the Board rescinded the action. The instructions, from the Board, was to explain to Mr. Eulett that the County would be in violation of the ordinance, by granting his request. The communication was never related to Mr. Eulett, who has now begun construction.
Mr. Chris Ford, County Attorney, informed the Board that Mr. Sandy Minkoff, County Attorney's Office, met with Mr. Willett to discuss the issue, and presented a plat, for the Board's review.
Mr. Ford also discussed the non-exclusive deed, which has been rescinded. What actually was taking place was the replatting of a subdivision, without replatting.
Mr. Ford recommended that, if the Board felt that the action taken by the Board was going against the County policies, Mr. Willett, County Administrator, should be directed to prepare a letter expressing these feelings, and explaining to Mr. Eulett that his construction plans have not been approved by staff.
Commr. Smoak stated that, if Mr. Eulett was acting on the basis of the action taken by the Board, the issue should be negotiated, in all fairness, in terms of costs.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved for the County Administrator to proceed, as indicated, with the advice of the legal staff, and that he negotiate directly, or through the Engineering staff, with Mr. Eulett, the options open to Mr. Eulett, in assisting him to proceed with his project, following the Board's policies and rules and regulations, as far as platting subdivisions, or changing subdivision plats.
ORDINANCES/SUBDIVISIONS
At 1O:OO a.m., the Chairman announced that the advertised time had arrived for the public hearing on an ordinance amending Section 113 of the Subdivision Regulations, by deleting clay road requirements. It was noted that the proper proof of publication was on hand as it appeared in the December 15, 1987, and December 24, 1987, editions of The Orlando Sentinel, The Lake Sentinel.
Mr. Jim Lang, Lady Lake, appeared before the Board to discuss the proposed ordinance. He discussed his ownership of a five acre tract, which he plans to build one house on, and how the ordinance would pertain to his situation.
Ms. Gail Thomas addressed the Board to discuss the 40 acre tract, which she plans to subdivide into five acre tracts, and how the ordinance would affect her position as a property owner.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to place the proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS: AMENDING SECTION 113 OF THE LAKE COUNTY SUBDIVISION REGULA-TIONS (ORDINANCE 1973-2), BY DELETING CLAY ROAD REQUIREMENTS: PROVIDING FOR A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried, the Board adopted Ordinance 1988-2, as read by title only, on its first and final reading.
Commr. Burhans and Commr. Windram voted "no".
COUNTY ADMINISTRATOR/ZONING
Commr. Smoak informed the Board that he had received a telephone call from Mr. Al Besade, regarding an industrial park at the south end of the County, on Highway 50. Commr. Smoak stated that Mr. Besade owns property on the south side of Highway 50, east of Clermont, adjacent to the east-west industrial park. He owns the road accessing the east-west industrial park, except a small portion owned by a private property owner. The property owner will not sell the property, or allow access to it. Mr. Besade's proposal to the County, is to dedicate that portion of the road, in the east-west industrial park, to the County, and have the County take action to acquire the small strip, to access the addition. Commr. Smoak was of the opinion that this would probably be a new procedure that the County has never undertaken.
Mr. Chris Ford, County Attorney, stated that an individual does not have the right to sue for condemnation for access, and this would involve condemnation.
Commr . Smoak requested direction from the Board, but also stressed that this would be implementing a new policy, if approved by the Board.
The Board directed Mr. Michael C. Willett, County Administrator, to communicate with Mr. Besade, and express the Board's feelings that such a policy would not be implemented by the Board.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests from Sheriff Noel E. Griffin, Jr.:
1. Monies, in the amount of $1,349.66, pursuant to Florida Statute 943.25 (8) A, Lake County Ordinance 1982-1, to reimburse the Lake County Sheriff's Office, for educational expenses.
2. An appropriation, in the amount of $2,543.21, from the Law Enforcement Trust Fund, pursuant to the Florida Contraband Forfeiture Act.
APPOINTMENTS-RESIGNATIONS/PLANNING DEPARTMENT
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the reappointments of the following members, to the Planning and Zoning Commission:
District Four
Peg Beattie Term to expire 2-28-90
Wilson Sheppard Term to expire 2-28-90
District Five
Richard Seuffert Term to expire 2-28-89
Mike Bakich Term to expire 2-28-89
LAWS & LEGISLATION
Commr. Burhans informed the Board of a letter received from Woodbury Chemical Company, regarding the Lake County Discretionary Sales Surtax.
Commr. Bailey stated that he was working with the Legislative Delegation, on this issue.
Commr. Burhans directed that written communication be sent to Woodbury Chemical Company stating such.
COMMITTEES/COURTHOUSE
Commr. Burhans informed the Board of a request from the Lake County Republican Executive Committee, requesting permission to occupy the Commission Chambers, for their monthly meetings.
On a motion by Commr. Smoak, seconded by Commr. Burhans and carried unanimously, the Board approved the request from the Lake County Republican Executive Committee, to utilize space within the County complex, with the space to be determined by the County staff.
MEETINGS/WATER RESOURCES
Commr. Bailey informed the Board that Mr. Charles Lloyd, Chairman of the Conservation Committee, Lake County Water Authority, has postponed the slide presentation scheduled for the morning, due to a misunderstanding of the time. The staff rescheduled the presentation for March 15, 1988, at 11:15 a.m.
ZONING
Commr. Smoak stated that he discussed with Mr. Michael C. Willett, County Administrator, setbacks concerning animal housing. He stated that the County Ordinance may be inconsistent, when in RR zoning, with a 200 foot setback, you can have animals right up to your property line, but you cannot build a structure to house the animals. In AR zoning the setbacks are 25 feet for out buildings and auxillary buildings, except for the housing of animals, which is a 50 foot setback. Commr . Smoak stated that people are obtaining permits for accessory housing, or equipment housing, building these with a 25 foot setback, and housing an animal.
Commr. Smoak requested that the Board endorse Mr. Willett and the Planning Staff to review the setback requirements, regarding animals, and coming back with recommendations that are consistent with the applications and the setback requirements.
CONTRACTS, LEASES AND AGREEMENTS/COUNTY ADMINISTRATOR
At 10:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the request from Citrus Cablevision of Central Florida, for a cablevision franchise in Lake County. It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.
Mr. Michael C. Willett, County Administrator, stated that the franchise would be from Highway 192, north on Highway 27, for three miles.
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 approved the request from Citrus Cablevision of Central Florida, for a cablevision franchise, under the terms and conditions required by the Board of County Commissioners.
RECESS AND REASSEMBLY
At 10:35 a.m., the Chairman announced that the Board would recess until 11:15 a.m.
HEALTH DEPARTMENT/ORDINANCES
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board and stated that he met with the day care owners of Lake County, and the people involved in the establishment of the first day care ordinance, as directed by the Board. Two ordinances have been prepared, for the Board's review. One requires additional educational hours, for certification, to operate a day care center, and one contains additional requirements of immunization, as agreed to, by the Board, in a previous meeting.
Mr. Strickland stated that he consulted with seven other counties, all which have increased their day care ordinances, but not to include more than the State educational requirements. He stated that, after reviewing both sides of the issue, he recommended approving the immunization requirements, but leaving off the additional educational requirements.
Ms. Jean Ingler, Childhood Development Services, appeared before the Board and stated that this agency works in a seven county area. She stated that she felt Lake County has some of the best day care centers, because of the stricter educational requirements in the County ordinance, and therefore, requested that the County keep the more stringent requirements. Ms. Ingler discussed information regarding child care, submitted by Dr. Roanne Moreno, and the amount of money that would be necessary to cover the additional training costs.
Commr. Smoak discussed the adequacy of the day care centers, which are operating without any problems, with the present educational requirements, as contained in our present County ordinance, and stated that he did not feel the need for additional educational requirements.
Ms. Evelyn Star, Lake County Schools, appeared before the Board to present a letter from Mr. Charles B. Beals, Chairman of the School Board of Lake County, urging the Board to carefully consider adopting additional educational requirements, in an ordinance amending Ordinance 1986-1.
Ms. Cynthia Fields, Lake County Head Start, appeared before the Board to express her feelings favoring the additional educational requirements.
Mr. Tom Winters, Director of the Vocational-Technical Center, appeared before the Board to discuss the educational training programs offered at the Vo-Tech facility, in relation to child care.
Mr. Winters stated that he did not agree with Mr. Strickland in relation to the additional cost factor. Be stated that only three of the present students studying in child care are being funded by the Private Industry Council (PIC). He further stated that most of the students, in the child care program, pay their own fees, with high school students being exempt from the fees. Mr. Winters discussed the apprenticeship program, which just became effective at Vo-Tech, stating that the program is not grant funded.
Ms. Ann Pemble, owner and operator of Children's Country Club, Leesburg, appeared before the Board and stated that she was opposing anyone telling her how to train her employees. She stated that the present educational requirements were efficient, and felt that the additional requirements were a step in the direction of regulating private day care centers out of business, so that the State can take over the job of raising our children.
Several employees of the Head Start Program were present, in favor of the additional educational requirements.
Ms. Rebecca Pressley, Director of The Growing Tree, Leesburg, appeared before the Board, in opposition to the additional educational requirements. She stated that her center was licensed under the Florida Association of Christian Colleges and Schools, and was non-profit. Her concerns involved the cost to train the employees of day care centers, and the additional fees to the parents.
Ms. Minnie Nix, owner of May Nix, Mt. Dora, appeared before the Board in favor of educational requirements, in order to better care for our children.
Dr. June Atkinson, Lake County Health Department, appeared before the Board to inform the Board that two proposed ordinances had been prepared, for the Board's consideration. Dr. Atkinson stated that the County was in need of a new ordinance, to carry out licensing and inspecting of day care centers.
Mr. Michael C. Willett, County Administrator, informed the Board that the State had indicated that they would license day care centers, but then decided that the County should be responsible for the licensing. The staff never recommended the additional educational requirements.
Mr. Judson Cauthen, Chairman of the Lake County Property Owner's Association, appeared before the Board and read his letter for the record, which recommended that the County not contract with HRS to oversee our day care centers: the educational requirements should be void of humanistic teaching; the ordinance should be enforced by filing a suit in the County Court, where the defendent will be allowed all their constitutional rights.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried, the Board approved to set for public hearing, at the earliest possible convenience, the ordinance, which deletes all of the educational requirements, but leaves the immunization requirements.
Commr. Carson voted "no".
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
FAIRGROUNDS/PLANNING DEPARTMENT
Mr. Rudy Marchese, Acting Executive Director of the Planning and Development Division, appeared before the Board and stated that Glatting, Lopez, Kercher, Anglin, Inc., (GLKA), was present, after obtaining the necessary background data, to complete Phase I of the Civic Center/Expo Center Study, and to present recommendations, as required in Phase II, which would include the type of facility needed for Lake County to satisfy the activities that would be appropriate for the County.
BONDS/LANDFILLS/RESOLUTIONS
Mr. Chris Ford, County Attorney, informed the Board that the representatives of NRG/Recovery Group, Inc., requested that the bond allocation, which was approved for $70 million, be reduced to $50 million, due to a 10% rule, which would cause the County to lose the bond allocation, should the County be off more than 10%. Holland & Knight recommended the reduction of the bond, and reassured Mr. Browne Gregg that the amount would be perfectly adequate for his project.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved to reduce the bond allocation, for the NRG/Recovery Group, Inc., from $70 million to $50 million, as recommended and requested by Holland & Knight.
FAIRGROUNDS/PLANNING DEPARTMENT (CONT'D.)
Mr. John Percy, Glatting, Lopez, Kercher, Anglin, Inc., (GLKA), appeared before the Board to present the findings of the Phase II study, for the Civic Center/Expo Center Study. The evaluation in Phase I showed that the site is currently undeveloped and is relatively remote to the current population center of Lake County. The site does offer several advantages, including good countywide, as well as regional access, because of its location, at the intersection of U.S. 27 and State Road 19, at the Florida Turnpike interchange. Mr. Percy stated that one basic conclusion, made from the Phase I study, was the need for a main hall, with supporting rooms. He discussed the programs and activities, in association with the layout of the facility, and future expansion plans. He further discussed the advantages to the location, and GLKA's positive perceptiveness to the property. Mr. Percy presented an estimation of costs, which totaled an approximate fee of $6 million.
Mr. Bill Owen, Real Estate Research Consultants, Inc., appeared before the Board and stated that his responsibility consisted of calculating the financial analysis, as to what expectations the County might have for the operating performance of the building.
Mr. Owen discussed the percentage projections, in relation to the utilization of the facility, for the different types of events. He stated that the primary intent was to look at the competitive buildings around the State, in order to put parameters on activites, so that he could anticipate the financial performance. A projection was made for five years: ten years: and 15 years. He discussed the scenario of combining the civic center and fairgrounds, on the site, with the most important reason being cost efficient. Mr. Owen stated that comparable facilities throughout the State were looked at, including the Manatee County Civic Center, the St. Lucie County Civic Center, and the Melbourne Auditorium. He discussed proposed fees, for the rental of the hall for different events, projecting a possible income of $154,000.00 in year one, increasing to approximately $1 million in the year 15.
Discussion occurred regarding the costs being offset by the resort taxes. Commr. Smoak stated that he felt the Board might want to meet with the Resort Tax Committee, to discuss this, along with having the cities' input, and suggested a workshop. At this time, Commr. Smoak requested Mr. Willett to bring back to the Board members, a copy of the ballot question, regarding the resort tax.
Mr. Don Muncy, Tourist Development Council, was present and stated that a workshop was an excellent idea.
Mr. Hall Turville, Tourist Development Council, appeared before the Board and stated that it was not the intention of the Council to have any kind of subsidy, from the taxpayers of the County, but to have a self-paying facility.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved to set a date, for a workshop session, to be open to the public, inviting the members of the Resort Tax Committee, to discuss the recommendations, which were heard today, in relation to the site, and the potential utilization of the site, including the time table and other information, in relation to the project, with the meeting to be set by the Chairman, at a time convenient for all involved. The workshop session was scheduled for April 19, 1988, at 2:00 p.m.
Commr. Smoak requested that Mr. Percy prepare an information package, with recommendations from GLKA, for the Board members and the public, and a topo map to be utilized by all.
COMMITTEES/COUNTY PROPERTY/JAILS
Commr. Burhans informed the Board that the Building Committee had met last week and reported that a $25,000.00 survey, for the proposed Criminal Justice/Jail Facility site, had been done. He stated that Hellmuth, Obata & Kassabaum (HOK) had stated, in February, that the Health Department would have to be moved. Commr. Burhans stated that a decision needed to be made, as far as the construction, or the relocation, of the Health Department, if the Board was still in agreement with the approved site.
Mr. Bob Messmer, HOK, appeared before the Board with a map of the designated land, and a map with the potential land across the street, which Commr. Windram had discussed with HOK. At this time, the Board discussed different problem areas, including the wetlands, with Mr. Messmer pointing out exactly the property owned by the county.
Mr. Bob Godfrey, The Department of Natural Resources, was present to discuss the conditions of the designated land.
Commr. Smoak discussed the possibility of putting the judicial system on Highway 19, at the County owned property (600 acres), which was purchased for the Civic Center/Expo Center site. He also discussed the 200 acres of property, which was purchased for the landfill site in Astatula, which now cannot be used for a landfill.
Commr. Smoak stated that, should the County decide to start condemning property in the City of Tavares, the City impact fees will create a large expediture.
Mr. James C. Watkins, Clerk, discussed a problem with the swapping of judicial people (mostly judges), from building to building, for scheduled hearings and court appearances.
Sheriff Noel E. Griffin, Jr. was present, and stated concerns with being able to get the necessary permits, for the presently designated land.
Mr. Watkins informed the Board that the landfill site had been considered, by the Building Committee, but the concerns involved no sewer, water, or fire protection. At this time, he discussed all of the sites that the Committee considered, and stated that the Committee would not have recommended the present site, if any negative professional reports had been made.
Mr. Watkins discussed Judge Ernest C. Aulls' opinion to have six criminal oriented courtrooms, in the new facility, and the new positions to be created, with an increase in the budget.
Mr. Chris Ford, County Attorney, stated that, should all of the judges be moved to the new facility, there would probably be an additional $4-7 million spent, on the project.
Mr. Michael C. Willett, County Administrator, stated that three options were considered, including the remodeling of the Piggly-Wiggly, in Tavares, which would be a leasing expense.
Mr. Willett informed the Board that the Health Department was built with Hill-Burton funds, from a federal grant program.
Ms. Catherine Aylor, Lake County Health Department, informed the Board that the blueprint of the existing building, along with the blueprint of the proposed building, would have to be submitted to the State, for approval.
Mr. Messmer stated that he would answer and address any specific questions or concerns, regarding planning issues, wetland issues, soil capacity, etc., that the Board and staff might have at this time. He stated that no formal application had been made for any permits, due to the need for more planning, and Board approval. Once the applications have been made, for the permits, a minimum of three months is needed, but not more than six months. Mr. Messmer stated that there are 4.3 acres of wetlands, with the Mosquito Control area and the railroad right-of-way being turned back into wetlands. He estimated an approximate price of $260,000.00, for the wetlands mitigation, (approximately $40,000.00 per acre).
Commr. Smoak suggested that a cost analysis study be prepared, involving all rental space used by the County; the cost to replace the Health Department; the cost of not doing the wetlands mitigation, etc., in order to develop a fair determination for the new jail site.
Mr. Willett discussed one drawback with the landfill site, depending on what the required study shows, with the possibility that 60-80 acres would have to be used.
Commr. Windram stated that the more acceptable situation would be in an area where the municipal services are available, such as water, sewer, and fire protection. His concerns with the proposed site involved the wetlands, parking, the Health Department Building, and land acquisition.
Mr. Watkins discussed the separation of the Administrative and Court divisions, of the Clerk of the Courts, and the increase in costs for the new facility.
Discussion occurred regarding condemnation procedures, for the purchase of property to the north, near the proposed site.
Commr. Bailey made a motion, which was seconded by Commr. Smoak, to examine and look at the property, north of the proposed site, in Tavares; the landfill property in Astatula; and the property at Highways 19 and 27 (680 acres), in order to determine the proper site, for the Criminal Justice/Jail Facility.
Mr. Ford suggested expediting the decision, in order to avoid any other lawsuits.
Mr. Messmer recommended that the design, which has been developed for the proposed site in Tavares, not be used at any other property site.
At this time, the Chairman called for a vote on the motion, which was carried unanimously.
Mr. Watkins suggested that the County Attorney be authorized to research the Florida Statutes, in respect to courts and county seats.
Commr. Bailey suggested that the staff conduct the examination of the sites, including all areas of research involving the soil types, and appraisals of the property north of the proposed site.
Mr. Bob McKee, Executive Assistant to the Clerk, informed the Board that he has communicated with several of the surrounding property owners, of the proposed site, regarding the possibility of purchasing their property.
Mr. Messmer requested that the Board authorize HOK an unlimited amount of time, to participate with the County staff, to facilitate the examination of the sites.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the HOK architects to examine and review the County owned land sites, with their findings to be included in the analysis study.
Mr. Ford questioned whether or not the Board's authorization, to purchase the property on the western corner, of the South side of Main Street, should be continued, because one parcel has already been purchased, with several other contracts being prepared.
It was the feeling of the Board that the contracts continue to be pursued.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:lO p.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/3-7-88
The Lake County Board of County Commissioners met in special session on Tuesday, March 1, 1988 at 4:15 p.m., at the proposed Civic Center/Expo Center site, at the intersection of 19/27/Turnpike. Commissioners present at the meeting were: Glenn C. Burhans, Chairman: Thomas J. Windram; Claude E. Smoak, Jr.: James R. Carson, Jr.; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk; Michael C. Willett, County Administrator; Mr. Robert Messmer, Hellmuth, Obata & Kassabaum (HOK); Mr. Pete Karamitsanis, Hellmuth, Obata & Kassabaum (HOK); Sheriff Noel E. Griffin, Jr.; Mrs. Chris Kurz, Commission District 3 candidate; Mr. Howard Edwards, Commission District 3 candidate: and Toni M. Austin, Deputy Clerk.
COUNTY PROPERTY/JAILS
Discussion occurred regarding the site being suited for the Criminal Justice/Jail Facility, as far as the type of land; the location: utility service; and the surrounding property. A map showing the outline of the entire piece of property (680 acres) was reviewed by everyone present.
At 5:15 p.m., the meeting adjourned, in order for the architects and individuals to travel certain areas of the property, and make determinations, which will be presented to the Board at a later date.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/3-7-88