The Lake County Board of County Commissioners met in regular session on Tuesday, July 5, 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 (arriving at 9:30 a.m.); Claude E. Smoak, Jr.: James R. Carson, Jr.; and Don Bailey. Others present were : Christopher C. Ford, County Attorney; Michael C. Willett, County Administrator; Katherine A. McDonald, Assistant County Administrator; Robert L. Wilson, Finance Director; and Sandra Carter, Deputy Clerk.
The Invocation was given by Commr. Carson and the Pledge of Allegiance was led by Commr. Smoak.
MINUTES
On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved postponement of the Minutes of June 20, 1988 (Special Meeting) and June 21, 1988 meetings until the Board Meeting of July 12, 1988.
BONDS - CONTRACTOR
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the following Contractor Bonds:
New
3079-88 Wiley Sexon (Plumbing1
4242-88 Jay W. Samartino (Masonry)
4614-88 Southern Cleaning & Home Repair, Inc. (General Contractor)
4615-88 Harold W. Umstattd d/b/a Allstar Electric (Electrical)
4616-88 Stephen Webster Rust (Electrical)
4617-88 Ronald C. Sherritt d/b/a Sherritt Aluminum (Residential)
4618-88 Randall Plumbing, Inc. (Plumbing)
4619-88 William Fika (Aluminum Specialty)
4620-88 Malcolm H. Allio (Electrical)
4621-88 Larry D. Brown (Electrical)
4622-88 Jon Jones (General)
4623-88 Gary Huggins (General)
4624-88 Patrick J. Hamilton d/b/a Hamilton Plumbing (Plumbing)
4625-88 Martin P. Liles d/b/a Liles Electrical Co. (Electrical)
ACCOUNTS ALLOWED/COUNTY PROPERTY
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Mr. Don Gullickson & Inventory, for the following items to be deleted from the Fixed Assets, for the month of June, 1988, in the amount of $5,293.18:
Prop.# Dept. Item Amount Reason
4514 Tavares Health Dept. Autoclave $ 383.18 To be junked
6382 Mosquito Control Fog Unit 3,150.00 To be junked
9606 Surplus Transceiver 650.00 To be junked
9608 Fire Protection Walkie Talkie l,ll0.00 To be junked
$5,293.18
ACCOUNTS ALLOWED/COURTS-JUDGES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the Satisfaction of Judgment for Blair Delene Rowland, and her mother, M. Janelle Rowland, in the amount of $50.00 - Case Nos. 88-511-CJ, BE-512-CJ, and 88-592-CJ; and the Satisfaction of Judgment for Roman DeGaglia, and his parents Martin and Ruth DeGaglia, in the amount of $50.00 - Case No. 88-401-CJ, and authorized proper signatures on same.
MUNICIPALITIES/RESOLUTIONS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board acknowledged receipt of Resolution No. 88-12, from the Town of Lady Lake, supporting the protection of lands surrounding the Wekiva River; and Resolution No. 586, from the City of Clermont, requesting the Board to declare a moritorium on all zoning, land use, and project development decisions in the Wekiva River Basin, until the recommendations of the Wekiva River Task Force are received and evaluated.
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the payment of Warrant No. 82439 through Warrant No. 82894, for the following accounts:
County Transportation Trust General Revenue
Countywide Fire District Section 8
Northwest Fire District Eustis Section 8
Paisley Fire District Pasco Fire District
Countywide Library Private Industry Council
Landfills Fine & Forfeiture
South Lake Fire District Mosquito Control
Mt. Plymouth Fire District Bassville Fire District
Aquatic Weed Capital Outlay
Special Assessments Emergency 911 Fund
Northeast Hospital Northeast Ambulance
Northwest Ambulance Revenue Sharing
Law Library Road Impact
COUNTY ADMINISTRATOR'S AGENDA
E-911
Mr. Bruce Thorburn, E-911 Coordinator, appeared before the Board to discuss and demonstrate the E-911 prototype software.
A brief discussion occurred regarding the software and how the E-911 program works, at which time Mr. Thorburn answered questions presented to him by the Board.
ACCOUNTS ALLOWED/E-911
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to purchase a Sequent B-8 computer, for E-911, at an estimated cost of $155,000.00.
ACCOUNTS ALLOWED/COUNTY ADMINISTRATOR
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Sylvan Shores Association, Inc., to purchase a Snapper riding mower, through the County Purchasing Department, at a cost of $1,019.00, to be used exclusively for mowing Sylvan Park, as recommended by the County Administrator.
BUDGETS/MOSQUITO-AQUATIC PLANT MANAGEMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the tentative detailed work plan budget, for FY 1988-89, as requested by Mosquito-Aquatic Plant Management, and authorized proper signatures on same.
ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for Don Findell to attend the Florida Local Environmental Regulation Association Annual Meeting, in Cocoa Beach, on July 21-22, 1988, at an approximate cost of $115.00.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request to negotiate a Water and Sewer Management Feasibility Study Contract with Post, Buckley, Schuh and Jernigan, Inc.
ACCOUNTS ALLOWED/SOIL CONSERVATION
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Soil and Water Conservation District, for Dee Feldmeyer to attend the Soil Conservation Service Meeting and Workshop, on July 11-13, 1988, at Marco Island, at an estimated cost of $160.00.
ACCOUNTS ALLOWED/FIRE PROTECTION
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the request from Fire Protection, for a transfer of funds, in the amount of $2,500.00, from Contingency to Repair and Maintenance, due to extensive repairs to communication towers.
ACCOUNTS ALLOWED/FIRE PROTECTION
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from the Pasco Fire District, to reimburse James 8. Blackwell, in the amount of $76.00, upon successful completion of Methods and Techniques of Instruction, at Lake Sumter Community College.
APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Private Industry Council, for the appointment of Dr. Bruce Staff, Dean of Academic Services at Lake-Sumter Community College, and the reappointment of Mr. Joseph Holmes, Sun Bank, N.A., to the Volusia, Lake, Flagler-Private Industry Council, Inc.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from the Private Industry Council for the appointment of Mrs. Marilyn McPherson, Manager, Workforce-Job Service of Florida, to fill the unexpired term of Ms. Janice McMullen, as a member of the Workforce-Private Industry Council.
ACCOUNTS ALLOWED/PERSONNEL
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Personnel, for Dennis Dorsey to attend the 52nd Annual Florida Public Personnel Association Conference and Workshop, in Cocoa Beach, on July 17-20, 1988, at an estimated cost of $125.00.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the request from Public Works, to upgrade the air conditioner in the new Public Works building, at a cost not to exceed $2,000.00.
ACCOUNTS ALLOWED/LANDFILLS/MUNICIPALITIES
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, to increase the Umatilla Landfill attendant's petty cash from $65.00 to $80.00.
MUNICIPALITIES/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, to accept drainage easements, in Mt. Plymouth, on a portion of Westchester Avenue, vacated in Petition No. 469, as follows:
Victor and Miriam Ulmer
Hampton Enterprises, Inc. by Frederick T. Hampton
William and Florence F. Lange
Wilmer and Phoebe Delp
Clarence and Nellie May Masten
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Public Works, to contract with ITA, to write a software package for fleet maintenance and sign shop inventory, at a cost not to exceed $20,000.00.
ACCOUNTS ALLOWED/ROAD PROJECTS
On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from Public Works, for Change Order No. 2, for Project No. l-88, countywide resurfacing, in the amount of $16,160.92; and payment No. 6, to Asphalt Pavers, in the amount of $16,160.92.
ACCOUNTS ALLOWED/PUBLIC WORKS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, to purchase one (1) 1988 diesel one-ton cab and chassis, from a local dealer, at a cost not to exceed $15,000.00.
DEEDS/RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Public Works, to accept the following right-of-way deeds:
Cletus M./Carolyn C. Stutzman #4-5176 Wesley Road
Ruth A. Stamm #4-5176 Wesley Road
Timothy R. Reilly #4-5176 Wesley Road
Rev. M. E./Georgia VanFussell #4-5176 Wesley Road
Thelma R. Hunnicutt/Ruby C. Waller #4-5176 Wesley Road
The Central Florida YMCA Merry Road
Robert J. Hester, III/Grace C. Lindblom Merry Road
Jay M. Wilson/Carol P. Wilson/Richard
K. McClung/William L. Dawson
Mark V./Doreen P. McLean #3-2441 Howey Cross Rd.
Phillip S. Barry #3-2441 Howey Cross Rd.
R. W./Evelyn Henderson #2-3215 Hollandel Road
Gregory Dean Potter #2-1503 Sloan's Ridge Rd.
Trustee of the Chester Fosgate Trust #3-2439 S. Buckhill Rd.
RIGHT-OF-WAYS, ROADS & EASEMENTS
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request from Public Works, to accept the following non-exclusive easements:
Caleb L./Karen S. Christian #3-2439 S. Buckhill Rd.
Lykes Bros., Inc. #3-2439 S. Buckhill Rd.
Stanley W./Dorothy F. Harris #5-7864 Lake Street
ORDINANCES/ZONING
The County Administrator, Mike Willett, brought before the Board a request to advertise an ordinance for regulating the use of septic tanks in LM (Light Manufacturing), M-l (Heavy Industrial) and MP (Planned Industrial) zoning districts.
Considerable discussion occurred regarding the request.
Mr. Benny Jones, Director of Environmental Health, as well as Mr. Dave Clapsaddle, Director of Development Coordination, answered questions (from the audience) presented to them, by the Board, regarding said request.
Mr. Mark Matthews, Great Age Construction Company, appeared before the Board and stated that he represents a client from Orlando who is in the process of site plan approval, in the industrial park in Astatula. He stated that his client's project has been in the planning stages for several months and that they have been unable to obtain a building permit, as yet, due to the problems concerning the regulation of septic tanks, which will result in a financial loss to his client if he is not allowed to proceed, soon. He requested the Board to pass the emergency ordinance, in order to allow his client to at least start obtaining permits.
At this time, Commr. Bailey made a motion to approve the passage of an emergency ordinance, regulating the use of septic tanks, as requested earlier, by the County Administrator.
The motion died for lack of a second.
Further discussion occurred regarding the wording of such an ordinance.
Commr. Smoak questioned as to whether the portion of the ordinance under "C" of Section 2. Permit Requirement, where it states "shall every two years obtain from Lake County a Wastewater and Sewage Disposal Compliance Permit" to be restructured to read "shall at every time the use changes" or "shall every four years obtain from Lake County a Wastewater and Sewage Disposal Compliance Permit", which stretches the time frame out for those people who are not changing their operation.
At this time, Commr. Smoak recommended that the Board vote on an emergency ordinance and instruct the staff to check with the State and find out if some less restrictive language can be included in said ordinance, at a future date.
The County Administrator, Mike Willett, suggested that the Board adopt an emergency ordinance and set a public hearing (possibly 60 days from this date), to allow staff sufficient time to do some legitimate research, concerning the administration of, methods of administration, actual cost, and, most importantly, what the State actually wants, regarding the ordinance.
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading, by title only:
AN ORDINANCE OF LAKE COUNTY, FLORIDA, REQUIRING A WASTEWATER AND SEWAGE DISPOSAL COMPLIANCE PERMIT FOR ANY NEW LIGHT MANUFACTURING OR INDUSTRIAL USE SERVED BY AN ON-SITE SEPTIC SYSTEM ON ANY LIGHT MANUFACTURING (LM), HEAVY INDUSTRIAL (M-l) OR PLANNED INDUSTRIAL (MP) ZONED LAND, AND THAT ANY SUCH BUSINESS PRIOR TO THE CHANGE IN THE TYPE OR INTENSITY OF USE OR CHANGE OF OWNERSHIP, THAT ALL BUSINESSES AT LEAST EVERY TWO YEARS; AS SET FORTH BY THE REQUIREMENTS FOR APPLICATIONS FOR PROCESSING AND ISSUANCE OF SUCH PERMITS; PROVIDING FOR AN APPLICATION FEE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VIOLATIONS AND FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board adopted Ordinance No. 1988-12, as read on its first and final reading, by title only.
ORDINANCES/ROADS-COUNTY & STATE
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request by Planning and Development, to advertise an ordinance for regulating arterial road access.
ACCOUNTS ALLOWED/PLANNING AND DEVELOPMENT
On a motion by Commr. Carson, seconded by Commr. Bailey and carried unanimously, the Board approved the request by Planning and Development, for Mike Szunyog to attend the 1988 Small Cities CDBG Implementation Workshop, in Jacksonville, on July 12-15, 1988, at an approximate cost of $313.60.
ROADS-COUNTY & STATE/SUBDIVISIONS
On a motion by Commr. Bailey, seconded by Commr. Carson and carried unanimously, the Board approved the final plat of Trimpi Place, First Addition: and accepted Frontier Drive (#2-3123D) into the County maintenance system, as requested by Planning and Development.
ORDINANCES/COMMITTEES
The County Administrator, Mike Willett, brought to the attention of the Board a request by Mr. Greg Homan, Chairman of the Mining Ordinance Committee, for Sandy Minkoff to be authorized to work on the completion of the Mining Ordinance.
On a motion by Commr. Smoak, seconded by Commr. Bailey and carried unanimously, the Board approved authorization for Sandy Minkoff, Attorney, to work on the completion of the Mining Ordinance.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the request by the Sheriff's Department, for reimbursement, in the amount of $511.78, to cover the cost of several Lake County Sheriff's Office employees who served as Bailiffs for the Lake County Courthouse, during the months of April and May, 1988.
LANDFILLS
The County Attorney, Chris Ford, brought to the attention of the Board a letter from Mr. Dan Robuck, Attorney, requesting (by Mr. F. Browne Gregg) that Mr. Ed Sledge be appointed as bond counsel on the Resource Recovery Project.
Mr. Ford informed the Board that he had checked with other bond counsels, and found that the fees which Mr. Sledge was requesting would be a little less than what one Florida bond counsel would charge.
Considerable discussion occurred regarding the Resource Recovery Project.
Commr. Bailey stated that he has not heard a thing, regarding the Resource Recovery Project, since the meeting with the League of Cities, other than what he has read in the newspaper, and questioned as to when the Board is going to be brought up-to-date on the issue.
Commr. Smoak reminded the Board that there are some financial considerations that need to be discussed, and that, in the motion where the contract was approved, the first consideration was a feasibility study, to determine the amount of refuse in Lake County; and that the County does not need to spend another nickel of the County's money, until it is known how much garbage Lake County has, as well as how much the costs are going to be. He stated that these numbers need to be presented to the Board, as well as presented to the public (through the media). All of the other things that have gone on, have gone on separate from, and apart from, the Board of County Commissioners. The Board is the one that is on the line with the contract and, therefore, is the one that ought to be in the know, and have a report from the people doing it, without the assumption that the changes are changes that the Board has endorsed.
Commr. Carson informed the Board that the firm of Post, Buckley, Schuh and Jernigan, Inc. is working on a total overall County solid waste management plan; and secondly, that R. W. Beck is working on a feasibility study, at the direction of the Board, for the plant (which includes the front-end process, the boiler process, and the total tonnage process). There are several items that still need to be determined before the County would be willing to sign an official contract to go ahead with said plant. Some of the major concerns are: financing costs, tonnage of garbage, and long-term guarantees.
Commr. Bailey again reiterated his concern regarding the Board being kept abreast of what is going on, concerning the Resource Recovery Project, as the Board is the one that makes the final decisions, and that he would like to meet as soon as possible regarding said issue.
Mr. Ford, County Attorney, suggested that the Board be given an update, on the project, in the afternoon of the July 19th Board Meeting. However, he felt that the Board should meet with Ogden Martin and F. Browne Gregg's representatives, as well as the County's negotiating team, before said meeting, to go over whatever changes might be requested, in order that the Board may be given a true up-date.
Further discussion occurred regarding the request that Mr. Ed Sledge be authorized as bond counsel for the project.
At this time, Commr. Carson made a motion that Mr. Ed Sledge be approved as bond counsel for the project, as stated earlier, however, the motion died for the lack of a second.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:OO a.m.
It was noted that the Board would be traveling to Tampa, at this time, to take a tour of the Hillsborough County Resource Recovery Plant.
GLENN C. BURHANS, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
SEC/7-7-88