The Lake County Board of County Commissioners met in regular session on Tuesday, June 21, 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, Assistant County Administrator: Robert L. Wilson, Finance Director; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.
MINUTES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of June 7, 1988, as corrected.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the Minutes of June 14, 1988, as presented.
ACCOUNTS ALLOWED/JAILS/INDIGENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the turn-key job for the Temporary Jail, as requested and submitted by the Clerk, James C. Watkins, on behalf of Space Master International, Inc., in the amount of $414,548.00; plus additional costs, in the amount of $3,000.00, for a generator: a switching gear, not to exceed $7,280.00; and a bond, not to exceed $1,900.00, to be taken from the Revenue Sharing Account, which has been set aside for said purpose.
Mr. Watkins stated that there had been two (2) change orders, as requested by the Sheriff, Noel E. Griffin, and the Department of Corrections. He also stated that there are two figures, which are not known at this time, being the cost of the building permit, and the impact fees that will be paid to the City of Tavares.
Included in the motion was approval for payment of Warrant #81967 through Warrant #82438, for the following accounts:
Pasco Fire District Paisley Fire District
County Transportation Trust South Lake Fire District
Countywide Library General Revenue
Countywide Fire District Mt. Plymouth Fire District
Aquatic Weed Fine & Forfeiture
Landfills Bassville Fire District
Law Library Eustis Section 8
Private Industry Council Mosquito Control
Northwest Fire District Revenue Sharing
Section 8 Emergency 911 Fund
Special Assessments Northeast Hospital
Northeast Ambulance Northwest Ambulance
Also included in the motion was approval for payment of the following indigent:
City of Leesburg for Dana Thornton - $50.00 - District #2
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the lease renewal for the South Lake Annex office, in Clermont, for an additional one year, at $325.00 per month - an annual increase of $300.00.
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Satisfaction of Judgments (2) for Lida M. Harbor, in the amount of $250.00 each - Case No. 87-1480CF (Count 11) and Case No. 87-1480CF (Count 1).
Satisfaction of Judgment for William D. Mansbridge, Jr. and William D. Mansbridge, Sr., in the amount of $50.00 -Case No. 88-364-CJ.
Satisfaction of Judgment for James Strother Chatman, Juvenile, and Betty Chatman, Parent, in the amount of $50.00 - Case No. 82-134-CJ.
Satisfaction of Judgment for Rosemary Mitchell and Vera M. Mills, in the amount of $50.00 - Case Nos. 88-273-CJ and 88-319-CJ.
MUNICIPALITIES/STATE AGENCIES/CLERK/DEEDS/CHECKS RECEIVED
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of Site Approval Order No. 88-18, from the State of Florida, Department of Transportation, Division of Public Transportation Operations, Tallahassee, in regards to an application for site approval for a private airport, to be known as Seminole Lake Gliderport, located nine miles south of Groveland, Florida: and unclaimed excess proceeds due landowners, on applications for tax deeds, totaling $15,167.32.
COUNTY ADMINISTRATOR'S AGENDA
ROADS-COUNTY & STATE/MUNICIPALITIES
Mr. Oscar Taylor, resident of Astor, appeared before the Board to question why his road, Mink Road, is being treated so differently from the other twenty-five (25) or twenty-six (26) roads in the Astor Campsites. He stated that he has not been given a legitimate reason as to why the road has, as yet, not been paved. The cul-de-sac, which was voted on before, has now been changed to a "T" instead.
Mr. Jim Stivender, Assistant Director of Public Works, explained to the Board the reasons for the delay. He stated that Mink Road is lined with pine trees on each side, and basically, already has a turn-around. However, it is not necessarily centered in the right-of-way, therefore, does not allow enough room for an eighty (80) foot diameter cul-de-sac.
He stated that, what staff recommends, is to use the existing alignment of the road, going in, which would fit an eighteen foot road (not necessarily in the center of the right-of-way, but lining up with the center of the existing road), and put a sixty (60) foot diameter cul-de-sac at the end.
Mr. Taylor discussed a motion which was made (by Commr. Smoak), at a previous Board meeting, regarding Mink Road, at which time Commr. Smoak reiterated what his motion (at said Board meeting) stated.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved authorization for the Engineering staff of Lake County to lay out, design, and construct a road within the right-of-way, owned by the public, that meets the criteria of the County road building policy.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/DEE
MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the purchase of CSX Railroad property, in Tavares, at a cost of $89,000.00. Mrs. Kathy McDonald, Assistant County Administrator, stated that the County has a contract from the railroad.
A brief discussion occurred regarding said purchase, at which time it was noted that the property in question covers approximately three (3) acres.
The County Attorney, Chris Ford, informed the Board that the deal includes a Quit Claim Deed, to everything going Northwest to Hwy. 19.
ACCOUNTS ALLOWED/PUBLIC WORKS/COUNTY EMPLOYEES
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Public Works, to rent uniforms for all Public Works/Solid Waste field employees, at an estimated annual cost of $28,600.00 ($260.00 per employee).
APPRAISALS/CLAY PITS/COUNTY PROPERTY
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Public Works, for an appraisal on the clay pit located at Highway 452 and #S-8-35, North Em-En-El Grove Road.
ACCOUNTS ALLOWED/LANDFILLS
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the request to have flown, by Abrams Aerial Survey, aerial photos, with one foot contours of the Astatula Landfill, at a cost of $3,445.00.
ACCOUNTS ALLOWED/ASSESSMENTS/SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a change order, for Special Assessment No. SA-60, LaPlace Court, in the amount of $550.00, due to a change by the Department of Transportation, in drainage requirements.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for final payment to Trac Roadbuilders, for Project No. 2-88, Huff Road, in the amount of $6,245.06.
ACCOUNTS ALLOWED/ROAD PROJECTS/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request for payment number two, to Trac Roadbuilders, for Project No. SA-59, in Astor, in the amount of $159,004.17.
BIDS/PUBLIC WORKS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to reject Bid No. 031-070-088, for one or more one ton diesel cab and chassis, due to the fact that an order cannot be placed until the 1989 models are available.
ACCOUNTS ALLOWED/BIDS/LANDFILLS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Bid No. 030-959-088, Sandblast and Paint Transfer Station, at the Loghouse Landfill, to Quality Painting and Roofing Company, in the amount of $18,743.00.
At this time, Jim Stivender, Assistant Director of Public Works, announced that the transfer station, at the Loghouse Landfill, will be closed August 20 to October 3, 1988, in order to do repair work.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Project No. 7-88, Eaglesnest Road (#l-6611) "part", widening and resurfacing, and Royal Oak Road (#l-6711), design-build, to Asphalt Pavers, Inc., in the amount of $197,899.46.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 8-88, Alibrandi Road (#2-4601); Sumter Line Road (#2-4800); and South Whitney Road (#2-43031, design-build, to Rix Construction Company, in the amount of $148,115.84.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Project No. 9-88, #5-9685, Lightfoot Road, and #5-9588, Alco Road "part", design-build, to Hewitt Contracting Company, in the amount of $291,035.45.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Project No. 12-88, Countywide guardrail installation, to Transportation Safety Contractors, Inc., in the amount of $118,584.00.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 503 - James D.-Holden - Howey-in-the-Hills
Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that she was recommending denial of the request, due to the fact that the County has not received any confirmation that the cul-de-sac, which was discussed at the previous Board meeting has been agreed upon.
Mr. James D. Holden, petitioner, appeared before the Board to discuss the request. He stated that there have been no objections to said vacation. He also stated that Mr. McClain (an adjacent property owner) did not object to the vacation of the road, but was inquiring about a cul-de-sac, as he was questioning the fact that should his family decide to do something with their property, at a later date, would a cul-de-sac be required at that time.
It was noted that the proper proof of publication was on hand as it appeared in the May 25, 1988, and June 1, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
Commr. Smoak recommended that the road not be closed, without provisions for a future cul-de-sac being planned for, in order to protect the adjacent property owners.
Mr. Holden then questioned the Board as to how long his request, for vacation of the road, will have to be postponed, to allow the matter of the cul-de-sac to be taken care of.
Discussion occurred regarding the matter of the cul-de-sac, at which time the County Attorney was questioned as to how the request for the vacation could be handled, legally, this date.
At this time, the County Attorney informed the Board as to what options were available to them, this date.
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request to postpone said case until the Board Meeting of July 19, 1988, in order for the petitioner to meet with Mr. Stivender, find out exactly what he needs to do, and present his findings to the Board at the meeting indicated above.
Petition No. 508 - Richard D. Nusbaum - Ferndale Area
Mr. Roger Link, resident of Ferndale, appeared before the Board and stated that, if the easement indicated in the request is closed, it will cause his property to be landlocked. He also indicated that said easement is the only legal access he has to his property. Mr. Nusbaum, petitioner, and Mr. Link reviewed a map with the Board, showing the property in question.
Discussion occurred regarding the request, and as to whether Mr. Link has any other legal access to his property, at which time Commr. Carson suggested that a title search be done on said property, in order to answer the question as to whether Mr. Link does, indeed, have any other legal access to his property.
It was noted that the proper proof of publication was on hand as it appeared in the May 25, 1988, and June 1, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request that said case be postponed, until the Board Meeting of July 19, 1988; and that in the interim period, some definitive evidence, showing that either there is, or is not, another legal right-of-way, be presented to the Board, as well as an opinion from the County Attorney, Chris Ford, regarding the legality of Mr. Link continuing the use of the access point, which has been in effect for the past several years.
Petition No. 509 - Barbara Hyndman - Leesburg Area
Mr. Stuart Curtis, adjacent propety owner, appeared before the Board, in opposition, stating that the road borders on his property, and he feels that the vacation will lower the value of his property, which was purchased for investment purposes. He answered questions presented to him by the Board.
Mr. Clayton Lewis appeared before the Board, representing the petitioner, Barbara Hyndman, and reviewed a map with the Board, showing the property in question.
It was noted that the proper proof of publication was on hand as it appeared in the May 25, 1988, and June 1, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to vacate a portion of a road known as Velma Terrace, Leesburg Area, as advertised in Petition No. 509, by Barbara Hyndman.
Petition No. 510 - Jack and Dorothy Lacy - Forest Hills Area
Mrs. Dorothy Lacy, petitioner, appeared before the Board to discuss, and request approval of, the vacation of Lot 39, for protection purposes, due to the fact that she lives alone.
Ms. Kay James, a resident of Inglewood, Florida, appeared before the Board, in opposition, stating that she has an interest in some of the out lots, which were owned by Mr. Carl Moseman. She stated that she handled his estate, and now, she and her sister have inherited said properties, and feel that Lot 39 is important for access to Lake St. Claire, and requested that the vacation not be approved.
Mr. Culligan, owner of an adjacent piece of property, appeared before the Board, in opposition, as he feels that his property will be affected by the vacating of Lot 39. He suggested that a fence, between Lots 39 and 40, be moved, to protect the property of the petitioner, and in addition, would meet the County requirements for control of the petitioner's dogs. He further stated that, if stakes were placed across the front of Lot 39, along with a sign stating "NO Vehicles - Private Property", there would be no way for a vehicle to have access to Lake St. Claire.
It was noted that the proper proof of publication was on hand as it appeared in the May 25, 1988, and June 1, 1988, editions of The Orlando Sentinel,The Lake Sentinel.
The Chairman, Commr. Burhans, recommended that the request be denied, and that Code Enforcement be instructed to have the fence, between Lots 39 and 40, removed.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board denied the request to vacate Lot 39, Plat of Lake St. Claire, Forest Hills Area, as advertised in Petition No. 510, by Jack and Dorothy Lacy, and approved the request for Code Enforcement to have the fence, between Lots 39 and 40, removed, as recommended by the Chairman.
Petition No. 511 - Thaddeus T. Dudek - Mt Dora Area
Mr. Paul Hannah, representing the petitioner, appeared before the Board to discuss the request, and to answer any questions there might be from the Board. He informed the Board as to exactly what he will be doing, concerning the roads in question.
It was noted that the proper proof of publication was on hand as it appeared in the May 25, 1988, and June 1, 1988, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to vacate roads and lots, in the Dora Vista Subdivision, Mt. Dora Area, as advertised in Petition No. 511, by Thaddeus T. Dudek.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 512 - John B. Whitaker - Eustis Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise the vacation of roads and lots, in the unrecorded Plat of Higley, in the Eustis area, in Petition No. 512, by John B. Whitaker.
Petition No. 513 - Donald and Margaret Duncan - Bassville
Park Area
No one present wished to discuss the request with the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to advertise that portion of Hampton Street, in the Bassville Park Area, in Petition No. 513, by Donald and Margaret Duncan.
Petition No. 514 - Wallace and Elsie Stacy - Yalaha Area
Mr. Richard Boylson, Attorney, representing the petitioner, appeared before the Board.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to advertise the vacation of a portion of an unnamed street, in the West Addition to Bloomfield, in the Yalaha Area, in Petition No. 514, by Wallace and Elsie Stacy.
COUNTY ADMINISTRATOR'S AGENDA (CONT'D.)
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award Project No. 13-88, C-445 "part", and C-445A "part", resurfacing, to Asphalt Pavers, in the amount of $135,369.60.
Included in the motion was approval of the request to award Project No. 14-88, C-44A "part", resurfacing, to Asphalt Pavers, in the amount of $280,324.00.
ACCOUNTS ALLOWED/PUBLIC WORKS/ROADS-COUNTY & STATE
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request to award Project No. 17-88, Wekiva Park drainage pipe replacement, to Superior Asphalt Company, in the amount of $34,332.00.
Included in the motion was approval of the request to accept Brasher Lane (#2-2116A1, and Dell's Cove (#2-2116), into the County maintenance system; and acceptance of a letter of credit, for maintenance, in the amount of $2,500.00.
CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE
Mrs. Kathy McDonald, Assistant County Administrator, brought up for discussion, the item of a request to cancel the road maintenance agreement with Marion County. She stated that there are certain roads, in Marion County, which Lake County has maintained for them over a number of years. Lake County does not have any problem maintaining the roads, however, has a continual problem getting a signed contract from Marion County, as well as getting payment from them.
A motion was made by Commr. Bailey to cancel the road maintenance agreement with Marion County, which was seconded by Commr. Carson. Commr. Carson then suggested that a letter accompany the cancellation notice, stating that if they will be willing to comply and sign a contract covering the maintenance of said roads, the Board will reconsider their action.
Mrs. McDonald questioned whether the Board would like to give them thirty (30) days, in which to comply, and then read a letter which the County Administrator's Office had mailed to Marion County, on May 16, 1988, threatening cancellation, to become effective as of June 21, 1988.
Commr. Smoak suggested that a letter be sent to Marion County informing them that the Board has taken action, and has cancelled the road maintenance agreement, as of this date, subject to them signing the contract and forwarding, in advance, this fiscal year's, as well as next fiscal year's costs, and all monies past due. At this time, Commr. Bailey withdrew his motion.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendation that a letter be written to Marion County, informing them that the Board of County Commissioners has voted to rescind maintenance on Marion County roads, unless Marion County signs,and forwards to Lake County, the necessary contractual arrangements; pays all past due fees for road maintenance; and pays, in advance, for the contract fees due on the current contract.
PUBLIC WORKS/ROADS-COUNTY & STATE/SUBDIVISIONS
Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that the County had received a request from Mr. Bud Graham, the developer of Lake Yale Woods Subdivision, to appear before the Board, regarding requirements by the Public Works Department, concerning driveways on CR 452. She stated that his firm is ready to plat, however, County staff will not approve the plat, as it has been presented, due to the number of driveway entrances onto CR 452.
Mr. Steve Richey, Attorney, representing the developer, appeared before the Board to discuss the request and stated that a plat was submitted in AR zoning, for the approval of forty (40) lots, with shared driveways. Every three hundred (300) feet would be a driveway cut. The lots are basically two and one-quarter acres, and greater, up to four acres. The zoning on said property was done in March, and in February, 1987, a plat with the same configuration (AR zoning with shared driveways), was done across the road from the development in question. When the developer applied for zoning, in March of this year, on the property across the road, zoning it from Agricultural to AR, the development in question was discussed with the Planning Commission, and the developer was advised that, as long as the development had shared driveways, there would be no problem. The zoning was completed, the plat was prepared and submitted, and at that time, the Public Works Department indicated that, rather than shared driveways, they wanted one driveway for four (4) lots (which would be every six hundred (600) feet), contrary to what was on the plat.
He stated that if the Board wanted to change the policy, that was fine; however, the developer bought the property, relying on the representations that he had received from staff, at the time he bought the property, and requested that the Board allow the developer to do the project, as planned (being he was so far into the project), and then, if the County wants to change the policy in other areas, before the projects get this far along, that would be equitable and fair; but it appears to not be fair to this developer, who bought the property relying on the shared driveways.
Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board and stated his reasons for recommending that the driveways be placed six hundred (600) feet apart, rather than three hundred (300).
At this time, the Chairman, Commr. Burhans, suggested that the Board approve staff's recommendation, as stated above.
Mr. Reed Donnell, developer, appeared before the Board and verified what Mr. Richey had indicated to them. He stated that there would be a total of twenty-two (22) driveways fronting CR 452, with a total of twelve (12) driveways fronting the highway, at the development across the street. He stated that the property in question was a very beautiful, heavily wooded, piece of property, and if a number of the trees were going to have to be cleared out, it would take a lot of the esthetics of the property away.
On a motion by Commr. Bailey, seconded by Commr. Carson and carried, the Board approved the plat of Lake Yale Woods, as submitted to the Board (indicating shared driveways), as the developer had acted in good faith, on information he had received from the County.
Commr. Burhans and Commr. Smoak voted "No".
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board requested the County Engineering and Road Departments to develop a policy, regarding arterial and collective roads, as far as curb cuts are concerned, and that the policy be directed to reduce the number of curb cuts in high density and high speed areas.
Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board and informed them that the road frontage ordinance will be brought before the Board of County Commissioners at the next meeting: and in fact, a portion of said ordinance takes the regulations from the Florida Department of Transportation, as well as the Federal Government, where they have identified the number of road cuts that are appropriate to have in a road, based on the speed of said road.
ACCOUNTS ALLOWED/LANDFILLS/MUNICIPALITIES
The Board acknowledged, for informational purposes only, that on June 13, 1988, a General Electric 125 horsepower electric motor was purchased, from the Department of General Services, at Starke, for the well and pump at the Astatula Landfill, at a cost of $l,OOO.OO (retail value $11,700.00).
ACCOUNTS ALLOWED/JAILS
The Board acknowledged, for informational purposes only, that on June 13, 1988, a Fernmont generator was purchased, from the Department of General Services, at Starke, for the Temporary Jail site, at a cost of $3,000.00 (retail value $30,000.00).
LANDFILLS/MUNICIPALITIES
The Board acknowledged receipt of an information schedule, regarding the scale down of operations for the Umatilla and Lady Lake Landfills (which was attached to the County Administrator's Agenda).
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept the following right-of-way deeds:
Patrick L./Brenda Rogers #4-5176 Wesley Road
Theodore C./Peggy A. Hayes #4-5176 Wesley Road
Michael E./Amy H. Gionfriddo #4-5176 Wesley Road
Christopher J./Glenda M. Hutzel #l-7906 Smitty Road
Jeanette R. Harrison #4-5176 Wesley Road
Conrad D./Barbara D. Frank #4-5176 Wesley Road
James F./Mary A. Keefer #4-5176 Wesley Road
Bert/Fairy Brown #4-5176 Wesley Road
Charlie Johnson Builders, Inc. #l-5440 Layton Street
DEEDS/STATE AGENCIES/ROADS-COUNTY & STATE
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to release the following road reservations, from the Department of Transportation Murphy Act Deeds:
#246 Release all reservations
ACCOUNTS ALLOWED/POLLUTION CONTROL
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Pollution Control, for Mike Wilson and George Yilmaz to attend an City of Leesburg Environmental Toxicology Research Conference, in Tallahassee, on June 28-29, 1988, at an approximate total cost of $144.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Mr. Don Findell, Director of Environmental Services, appeared before the Board and briefly discussed the particulars of the contract which he is requesting approval of this date, and answered questions presented to him by the Board.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the contract with the Florida Department of Environmental Regulation, for administration of the Underground Storage Tanks Program, in the amount of $114,889.00.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
MOSQUITO-AQUATIC PLANT MANAGEMENT/WATER AUTHORITY
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Water Authority, for signatures on Contract No. C-4824, between the Department of Natural Resources and Lake County, reducing the allocation under the State 16C-50 Aquatic Plant Control Program, by $13,169.00.
FIRE DISTRICTS-FIRE DEPARTMENTS/ASSESSMENTS/PROPERTY APPRAISER
Mrs. Kathy McDonald, Assistant County Administrator, informed the Board that a computer run was done by the Property Appraiser's Office (on request of the County Administrator), excluding the items that the Board had requested, which showed that the amount of revenue would definitely be lowered.
Mr. Chuck Sowers, Fire Coordinator, appeared before the Board and stated that the tax revenue had been reduced by approximately $175,000.00, reducing the estimate to $25,631.00. He stated that he had considered miscellaneous buildings as a capital improvement fund. He would now like to take the next two years and use said funds to pay for the Lake Kathryn Fire Station. Said fire station will not be a fire station like the one that was built in Ferndale, as it will just house the equipment, and have bathroom facilities, at an estimated cost of approximately $38,000.00.
Commr. Smoak stated that the amount of money involved is not sufficient to handle the problems that will be associated with the additional tax. He feels that the County will not gain anything, in terms of capital to expand with, and that all the County will gain is an awful lot of hard feelings and controversy regarding the assessment.
Further discussion occurred regarding the fire structure tax, however, no action was required at this time.
CONTRACTS, LEASES & AGREEMENTS/FAIRGROUNDS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Fairgrounds, to award the contract for the Farmers' Market security, to Fed-Co Security, Inc.
ACCOUNTS ALLOWED/BUILDING DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Building Department, to purchase two copy machines, and one typewriter, from Xerox, at an approximate total cost of $5,875.00.
SUBDIVISIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board granted preliminary approval of Lake Susan Outlook Subdivision.
Commr. Smoak declared a conflict of interest and abstained from the discussion and vote, due to his being the property owner of said subdivision.
SUBDIVISIONS
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board granted preliminary approval of Skiing Paradise.
ACCOUNTS ALLOWED/BONDS/ROADS-COUNTY & STATE/SUBDIVISIONS
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request to release a performance bond, for The Oranges Subdivision, in the amount of $135,000.00; accepted a maintenance bond, in the amount of $12,360.00; and accepted the following roads into the County maintenance system: Eryn Boulevard (#3-0943) and Evan Court (#3-0943A).
COMMISSIONERS/OUTDOOR RECREATION
Commr. Bailey brought up, for discussion only, the item of the County looking at the issue of parks and recreational facilities. He stated that he felt it was a County responsibility, and would like to have the Board look at Seminole and Volusia Counties, for ideas, and possibly bring the issue back before the Board, in fifteen to thirty days, with a recommendation.
Commr. Smoak stated that he wholeheartedly agreed with Commr. Bailey, as he has advocated the County doing this for some time. The County is presently doing something about it, at the Hwys. 19/27/Turnpike site, as far as planning. The individuals that were used to do the road impact fee ordinance have been contacted, and will be coming to Lake County, within the next several weeks, to begin developing a recreational impact fee. He stated that the Board has asked him to continue with said project, however, since his tenure with the Board is shortlived and he feels that it is a project of significant importance, he feels that someone who will be on the Board longer then he should take it over and, therefore, would recommend that the Board appoint Commr. Bailey to accept said responsibility.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation of Commr. Smoak and appointed Commr. Bailey to take over the responsibility of the issue of parks and recreational facilities in Lake County.
JAILS/REPORTS
Commr. Smoak stated that the County has made a decision as to the location of the new Criminal Justice/Jail Facility, and suggested that the Board request an update on costs.
At this time, Commr. Carson gave input on Commr. Smoak's request, as he is the liaison commissioner for Finance.
Commr. Smoak then requested that the information given by Commr. Carson be put into a package, for the Board's review.
No action was taken at this time.
ENVIRONMENTAL SERVICES/LANDFILLS
The County Attorney, Chris Ford, brought to the attention of the Board the fact that the Lake County League of Cities would be meeting, to discuss the Resource Recovery Project, on Thursday, June 23, 1988, in the City of Tavares Council Chambers (it was understood that the Board Office had been notified, by letter, of said meeting), and requested that the Board allow Mr. Ed Sledge, Piper Marbury, and Mr. Jeff Cluney, R. W. Beck & Associates, to attend the meeting, on behalf of the County.
On a motion by Commr. Carson, seconded by Commr. Bailey and carried, the Board approved the request that Mr. Sledge and Mr. Cluney, the County's consultants, be allowed to attend the meeting of the Lake County League of Cities, to discuss the Resource Recovery Project, as stated above.
Commr. Windram abstained from the discussion and vote.
PETITIONS/OUTDOOR RECREATION
The County Attorney, Chris Ford, stated that he was asked, at last week's Board Meeting, to prepare a memorandum concerning bicycle races on Florida's roads, particularly, roads in Lake County. He distributed a memo, which had been prepared by his office, concerning same, for the Board's review.
He stated that there are several courses of action that the Board can consider to restrict bicycle racing, in order to protect public safety, on the strength of the County's general police powers. Among these options would be:
(1) Complete banning of bicycle racing.
(2) Regulation of time, place, and manner of bicycle racing.
(3) Request to the Legislature to adopt a state statute, regulating bicycle racing, similar to automobile racing laws.
Commr. Smoak noted, for the record, that a petition had been submitted to the Board, prior to the meeting, from the residents of the Ferndale/Montverde area, opposing bicycle races and practice on CR's 561, 561-A, and 455.
Mrs. Sandra Hogue, resident of Ferndale, and the individual who submitted the petition, appeared before the Board and questioned as to whether the residents of Ferndale/Montverde could be made aware of (in advance) any future racing events in their area.
Commr. Smoak stated that the fact that the residents of the area were not properly notified, seems to be one of the major problems, and that kind of activity will try to be prohibited in the future. He also stated that, to his knowledge, there is nothing further scheduled for that area, regarding said activity.
No action was taken at this time.
ACCOUNTS ALLOWED/APPRAISALS/JAILS
The County Attorney, Chris Ford, requested the Board to authorize him to hire an appraiser (Fred Kurras, an MA1 appraiser), to give the County opinions of value, and possibly appraisals, regarding property in downtown Tavares (north and south of Main Street), in relation to properties needed for the new Criminal Justice/Jail Facility.
A brief discussion occurred regarding said request.
On a motion by Commr. Bailey, seconded by Commr. Smoak and carried, the Board approved the request, by the County Attorney, to authorize him to hire Fred Kurras, to give opinions, and possibly appraisals, on properties in downtown Tavares, in relation to the new Criminal/Justice Jail Facility, as stated above.
Commr. Burhans was not present for the vote.
FAIRGROUNDS/GRANTS
Mr. Rudy Marchese, Director of Planning and Development, appeared before the Board and stated that when the Board had the work session, on April 12, 1988, with Glatting, Lopez, Kercher, Anglin, Inc., the Board was talking about what would be done with the property that the County owns at Hwys. 19/27 and the Turnpike. It was decided that approximately 150 acres (by the lake and wooded area) would be put aside for recreational purposes. He stated that there is a program, the Florida Recreation Development Assistance Program, where the County can receive some grant money to develop said area as a small regional park for the County. Matching funds are required; however, the County can use, as matching funds, the property value. He requested approval (if the program is of interest to the Board) to use staff time to put together a grant application for same.
A brief discussion occurred regarding the request, at which time Mr. Marchese answered questions presented to him, by the Board.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved for staff to work on the project, submitted by Mr. Marchese, and to come back with a proposal, at a later date.
At this time, Commr. Smoak stated that the Board needs to define the ownerships, as well as the sources of ownerships, on the property being discussed (Hwys. 19/27 and the Turnpike).
COURTHOUSE/EDUCATION
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Lake-Sumter Community College to use the Commissioners' Conference Room, for legal classes, on Wednesdays, from 6:30 p.m. to 9:15 p.m., from August 24 to December 14, 1988.
LAWS & LEGISLATION
Commr. Bailey informed those present that Lake County's legislative delegation (Senator Richard Langley and Representatives Everett Kelly and Stan Bainter) was present, invited by the Board, in order for the Board to thank them for their support, and for a job well done. He introduced the delegation to those present.
The delegation appeared before the Board and briefly discussed what has recently been accomplished in Tallahassee this year.
Representative Kelly requested the Board members to call the Governor and ask him not to strike appropriations, which Lake County has received for Lake-Sumter Community College, from the budget, and not to veto House Bill 1543 (regulating fishing tournaments).
Representative Bainter informed the Board that Lake County has had a tax decrease, by abolishing the Oklawaha Basin Taxing District, which now puts it all under the St. Johns River Water Management District.
It was noted that the Board would be treating the legislative delegation to lunch at Mission Inn Golf and Country Club.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:40 a.m.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
sec/6-24-88