The Lake County Board of County Commissioners met in regular session on Tuesday, February 21, 1989, 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: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Bill Stearn, County Attorney's Office; James C. Watkins, Clerk and Acting County Administrator; Ava Kronz, Assistant to the County Administrator; Robert K. McKee, Chief Deputy Clerk: and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the Minutes of February 3, 1989, (Special Meeting - Wekiva), as presented, and the Minutes of February 7, 1989, as corrected.
COUNTY EMPLOYEES/PLANNING AND DEVELOPMENT
Mr. James C. Watkins, Clerk and Acting County Administrator, introduced to the Board Mr. John Swanson, the new County Director of Planning and Development.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:
Payment of Warrant #91479 through Warrant #91822, for the following accounts:
Paisley Fire District Countywide Fire District
County Transportation Trust General Revenue
Countywide Library Northwest Fire District
Fine & Forfeiture Pasco Fire District
Mt. Plymouth Fire District Special Assessments
South Lake Fire District Mosquito Control
Private Industry Council Aquatic Weed
Capital Outlay Self Insurers Fund
Section 8 Eustis Section 8
Emergency 911 Fund Resort & Development Fund Tax
Road Impact Northeast Ambulance
Satisfaction of Assessment Lien for Sara W. Robert and Lucy V. Mosley, Mt. Plymouth, in the amount of $327.99.
Satisfaction of Judgments for the following:
Gerald D. Seitz, Case No. 84-476CFA, $400.00
James L. Gilliam, Case No. 81-232-CJ, James L. Gilliam, child, and Robert and Shirley Gilliam, parents, $150.00.
Acknowledgment of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending January 31, 1989, in the amount of $108,488.53.
CLERK OF THE COURT'S OTHER BUSINESS
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the designation of the South Lake Press, as indicated in the established rotation of newspapers, for the advertisement of Tax Delinquent Notices, by T. Keith Hall, Tax Collector.
COUNTY ADMINISTRATOR'S CONSENT AGENDA
Health and General Services
Commr. Gregg questioned Tab 9, relating to the leasing of office space, located at 230 East Main Street, Tavares, and the relocating of Fire Protection and Emergency Management.
Mr. Lonnie Strickland, Director of Health and General Services, addressed the Board on this issue, stating that Fire Protection and Emergency Management would be relocated in the Lake Building, with considerations being made for funding, for rental and utilities.
Mr. James C. Watkins, Clerk and Acting County Administrator, informed the Board that the Library Coordinator will be moved into the old space, with Fire Protection and Emergency Management moving into the new space. Mr. Watkins stated that the request is to negotiate a lease, subject to those factors being within the budget, and monies being available. Mr. Watkins further stated that he was considering moving the Personnel Department and Purchasing into the old County Administrator's area, in order to interact with the Finance Department. It was noted that the Library Coordinator will now be acting under Mr. Strickland.
Commr. Gregg suggested that the County keep in mind the space study for the new facility, which is being conducted, and not to enter into any leases, which will interfere with this study.
Commr. Bakich questioned Tab 10, the request to purchase a Minolta 4902 copier for the Expo Center/Fairground, with Mr. Strickland emphasizing the need for a copier of this magnitude.
Mr. Watkins directed Mr. Strickland to contact Mr. Don Gullickson, Property Records, in order to find out whether or not the County has an offset press.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed/Fire Protection/Bids
Award County bid #87-DB-91-06-45-Ol-N72, for the construction of the Southside Fire Station, in South Umatilla, to Harvey Spears, Contractor, at a cost of $96,333.00.
Accounts Allowed/Contracts , Leases & Ageements
Health & General Services
Authorization for the Clerk to lease office space of approximately 2,423 square feet, located at 230 East Main Street, Tavares, at a cost of approximately $5.90 per square foot, or $1,190.00 per month, for Health & General Services.
Purchase of a Minolta 4902 copier for the Expo Center/Fairgrounds, in the amount of $9,105.00, plus yearly maintenance of $1,200.00, for a total cost of $10,305.00.
Contracts/Leases & Agreements/Private Industry Council
Approval of the Private Industry Council Job Training Plan for the Program Year 1989-1990 (July 1, 1989 - June 30, 1990).
Accounts Allowed/Grants/Private Industry Council
For the Private Industry Council to submit a grant application to the State of Florida, in the amount of $119,500.00, to fund training programs for older workers in the three-county consortium.
Bonds - Mobile Home
Cancellation of the mobile home bond for John Roark - South Lake Area - District #2.
Planning and Development/Subdivisions
Preliminary approval of Oak Glen Subdivision.
To advertise Road Vacation Petition No. 537, from Mackay-Fisher Partnership, to vacate road right-of-way in the South One-Half of Section 7, Township 18 South, Range 25, Government Lot, Lady Lake Area.
To advertise Road Vacation Petition No. 538, from Thomas and Lorraine Keyes, to vacate easements, Lot 194, Unit 3.18, Orange Blossom Gardens, Lady Lake Area.
To advertise Road Vacation Petition No. 539, from Fern Atkin, to vacate an unnamed alley, Mt. Plymouth Area, Section "A".
Accounts Allowed/Road Projects
Payment #l, to Trac Roadbuilders, for Project #6-88, C-473, in the amount of $120,026.70.
Accounts Allowed/Road Projects
Final payment to Hewitt Contracting Co., Inc., for Project #9-88, Lightfoot and Alco Roads, in the amount of $99,758.45.
Assessments/Right-of-Ways, Roads & Easements
Acceptance of the following non-exclusive easement:
Premore Groves, Inc. - Crescent Lane for approved special assessment project.
Right-of-Ways, Roads & Easements/Roads-County & State
Acceptance of the following drainage easements, which are located at the easterly end of Bonnet Road, #5-9788M, on the south side of the road:
Donald O./Eva I. Shaffer Carlyle J. Baker
Deeds/Roads-County & State
Release of the following road reservations for Murphy Act Deeds:
#977 - Release all reservations - 0. H. and Adelaide M. Roberts - Dona Vista Area
#2841 - Release all reservations - Robert L. and Elizabeth Harbin - Astor Area
COUNTY ADMINISTRATOR'S DEPARTMENTAL BUSINESS
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss obstetric questions. Mr. Strickland stated that the County is presently doing certification through such programs as follows: Mental Health, Medicaid, the Health Care Responsibility Act, and the State-County Share Act. The first part of the recommendations being made today is to place our employees at all of the health department offices around the County, to initiate a carding system for all County residents requesting services, with the County providing eligibility certification. Mr. Strickland further recommended that the County take an overall look at the present health care distribution of funds, including the district systems, and the different programs and how they are funded, in order to make adjustments to make it more responsive, economical, and controllable for the residents of Lake County. Mr. Strickland stated that he is not recommending the consolidation of districts, at this time, but was recommending that an Indigent Health Care Ad Hoc Committee be appointed, with the following representation:
1. Three (3) representatives from County government.
2. One (1) representative from the State Legislature.
3. One (1) representative from the County Public Health Unit.
4. One (1) representative from the Board of Directors of each hospital. (Total of 3)
5. One (1) representative from each of the three (3) hospital districts.
*As South Lake Memorial Hospital's Board of Directors is also the district board of directors, there will be two (2) individuals from this group.
Commr. Gregg appointed himself, Mr. Strickland, and the County Administrator (with Mr. Watkins representing this position), as the representatives from County government. Commr. Gregg further appointed Everett Kelly, from the State Legislature; Dr. June Atkinson, from the County Public Health Unit; Jack Kirkpatrick, Waterman Medical Center; Matt Rice, South Lake Hospital; Ted Ostrander, Leesburg Regional Medical Center; Phil Conant, Northeast Hospital District; Susan McClean, South Lake Hospital District; and Howard Hewitt, Northwest Hospital District.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the above appointments to the Indigent Health Care Ad Hoc Committee.
Bonds - Mobile Home
Mr. James C. Watkins, Clerk and Acting County Administrator, discussed with the Board a request from Randall L. Harvey, to reconsider the cancellation of his surety bond, by the Board, on February 14, 1989. Mr. Watkins stated that this would have been his sixth extension, but staff feels Mr. Harvey can complete his home within the cancellation period.
It was the consensus of the Board not to reconsider the request, due to Mr. Harvey having ample time to complete his dwelling.
Accounts Allowed/Road Projects
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise C-44C, Eudora Road, Project #7-89, Widening and Resurfacing, at an estimated cost of $210,000.00, funded by impact fees. Mr. Stivender stated that, once the improvements have been made, the City of Mount Dora will take over the maintenance.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the above request, as recommended by Mr. Stivender.
Contracts, Leases & Agreements/Roads-County & State
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for Lake County to enter into an agreement with Marion County, to maintain certain clay roads in Marion County, with the upkeep of the roads to be paid by Marion County, as outlined in the agreement. This request involves six roads west of Altoona, with Marion County agreeing to pay to Lake County $4,510.00, on an annual basis, for the grading of the roads, six times per year, and additional monies for additional grading and clay.
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the above request, as recommended by Mr. Stivender.
PUBLIC HEARING - ROAD CLOSINGS
Petition No. 533 - Cleveland Early-Sorrento Area
Mr. Jim Stivender, Director of Public Works, requested that the public hearing on Petition No. 533, from Cleveland Early, to vacate a portion of Fifth Street, and lots in Craig's Addition to Sorrento Area, be postponed, in order to readvertise the legal, to include an additional portion, which was not originally included in the advertisement.
No one present wished to discuss the request with the Board.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the postponement of Petition NO. 533, as recommended by Mr. Stivender.
Petition No. 534 - Jan and Debbie Cullinan - Groveland Farms
Mr. Jim Stivender, Director of Public Works, discussed Petition No. 534, from Jan and Debbie Cullinan, to vacate an unnamed easement, in the Plat of Groveland Farms.
It was noted that the proper proof of publication was on hand as it appeared in the January 25, 1989, and February 1, 1989, editions of The Orlando Sentinal, The Lake Sentinel.
The Petitioner was present in the audience.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved Petition No. 534, from Jan and Debbie Cullinan, to vacate an unnamed easement, in the Plat of Groveland Farms.
COUNTY ADMINISTRATOR'S DEPARTMENTAL BUSINESS (CONT'D.)
Accounts Allowed/Road Projects
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to award Project #2-89, Leesburg Recreation Park Road, to Paquette Paving Co., at a cost of $30,601.50. Mr. Stivender stated that staff was recommending the second lowest bidder, Paquette Paving Co., due to the fact that the low bidder did not provide the minimum information required at the time of the bids.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the recommendation from staff, to award Project #2-89, Leesburg Recreation Park Road, to Paquette Paving Co., at a cost of $30,601.50.
Accounts Allowed/Contracts, Leases & Agreements/E911
Mr. James C. Watkins, Clerk and Acting County Administrator, discussed with the Board the request for signatures on the contract with United Telephone of Florida, for services to the E911 System.
Mr. Watkins stated that the contract covers the charges for data and voice lines, customer service data, and daily updates, which must be purchased from United Telephone, in order to operate the E911 system. Cost projects were budgeted, at approximately $56,000.00 less than actual costs, due to inadequate data available from United Telephone at time of budget preparation. Revenue projections included revenue from recurring fees, in the amount of $34,000.00 per month, starting in March. He stated that the County cannot instruct the telephone company to bill recurring fees until the State has approved the E911 Plan and budget. Since the plan was submitted to the State on February 10, 1989, instead of December, 1988, as anticipated, the County will not be able to begin collecting recurring fees in March. Assuming that recurring fees can be billed in May, the County anticipates a revenue shortage of approximately $124,000.00 this fiscal year. Mr. Watkins recommended that the $124,000.00 be taken from the Contingency Fund.
Mr. Robert K. McKee, Chief Deputy, informed the Board that the Contingency Fund presently shows a balance of $580,000.00.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved the recommendation from staff, for signatures on the contract with United Telephone of Florida, for services to the E911 System, and the transfer of $124,000.00, from the Contingency Fund, into the E911 Fund.
COUNTY ATTORNEY'S CONSENT AGENDA
Mr. James C. Watkins, Clerk and Acting County Administrator, recommended approval of the request from Ms. Denise Bleau, County Attorney's Office, for a Contempt Order to be filed, requesting that the Judge enforce the Final Judgment entered on July 25, 1988, in the Civil Case, Lake County versus Quattlebaun, due to the fact that no gate has been erected and the fence remains across the right-of-way.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendation from the County Attorney's Office, for authorization to enforce the Final Judgment, entered in the Civil Case, Lake County versus Quattlebaum.
Resolutions/Planning & Development
Commr. Gregg stated that, if the Board has no objection, he would like to request Mr. Bill Stearn, County Attorney's Office, to place on the next agenda, the proposed resolution for land acquisition for the beltway.
Commr. Gregg discussed with the Board the memorandum received from the Florida Association of Counties regarding authorization for an additional five cents of local option gas tax, in addition to an appropriate amount for state needs, and revision to the procedure used to enact the Local Government Infrastructure Sales Tax. It was the consensus of the Board, that Commr. Gregg direct the County Attorney's Office to draft a proposed resolution, and direct correspondence to the Florida Association of Counties, encouraging consideration of these two measures, which would allow local communities to address their problems without direct assistance from Tallahassee.
Appointments-Resignations/Committees/Planning & Development
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the following appointments to the Recreation Committee:
Sonny Bell Wayne Saunders
Robert K. McKee Sandra Green
Sayward Sherburne Tom Conroy
Bernie Vaughn Mary Bryant
Ms. Catherine Hanson, Secretary-Treasurer, Wekiva Basin Land Owners Association, Inc., appeared before the Board and stated that, no matter what the outcome of the decision made by the Board of County Commissioners regarding the Wekiva Comprehensive Plan, the Association was offering the following conservation proposals:
That the Board of County Commissioners do three things:
a) accept our proposals for further study;
b) appoint a member of the Board to work with us;
c) direct County staff, through the office of County Manager, to provide such support as is feasible, including, if appropriate, appointment of the County Manager to the Task Force (in addition to a County Commissioner).
Ms. Hanson stated that the Lake County Conservation Trust Task Force will make a preliminary study of the feasibility of a variety of conservation measures, enumerated below, and will make recommendations to the Board of County Commissioners regarding their implementation. She stated that the initial priorities include:
1) To seek and secure funding mechanisms from existing and new sources, for the purpose of acquiring and preserving sensitive or environmentally valuable lands throughout Lake County.
Funding alternatives to be studied:
a) Multi-County Municipal Services Taxing Unit (MSTU), to levy special property tax assessments on residents in Orange, Lake and Seminole counties, in the vicinity of the Wekiva River;
b) An increase in Lake County's Tourist Development (resort) tax;
c) A County conservation acquisition bond issue:
d) Increases in sales and gasoline taxes;
e) A special legislative appropriation;
f) Foundation and charitable grants.
2) A new ordinance requiring riverfront property owners to restore the natural riverbank and, within the Basin in general, and in areas near the river in particular, to convert from septic tanks and wells to central systems, setting a date certain for such activity, and establishing a mechanism for low-interest loans, and design and development assistance;
3) Revision of the County zoning ordinance to permit a special Conservation and Water Recharge Use designation, with appropriately reduced property tax assessments;
4) Exploration and promotion of a County-wide TDR (Transferrable Development Rights) program to offer landowners a means of securing compensation for sensitive lands they wish to preserve;
5) A ban on the use of motor boats throughout the river system;
6) A ban on the sale of Styrofoam, plastic, glass and metal beverage and snack containers at public and private parks, or recreation areas on the River;
7) Establishment of limits on the number of canoes, which can be rented on the Wekiva River by public or private facilities at any one time, and a licensing mechanism therefore:
8) Substantive increases in fines for littering in the Wekiva;
9) A special appropriation of state funds to augment and promote cleanup efforts presently conducted on a volunteer basis by Friends of the Wekiva and other community groups;
Proposed Steering Committee/Task Force Composition
1) Two environmentalists, representing established organizations, at least one of which has a special interest in preservation of the Wekiva River;
2) Two representatives of the Wekiva Basin Land Owners.Association;
3) One County Commissioner
4) One member of the Lake County Legislative Delegation;
5) Other civic, business, or community leaders, as appropriate, including, if appropriate, the County Manager.
Ms. Hanson stated that, should the County Commission come to realize that the proposals merit a greater focus than that provided by the Wekiva Basin Land Owners Association private-initiative Task Force, it would support a Board resolution to form and empanel an official conservation task force.
Ms. Hanson futher stated that it is imperative that the Board understand that the Wekiva Basin Land Owners Association does not wish to control the activities of the Task Force, but that the Association intends to work hard to see that the proposals that have been offered are addressed by the Lake County community.
Discussion occurred regarding the appointments, which would be made to the Lake County Trust Task Force, with Commr. Gregg stating that he would like to see the Board of County Commissioners approve all of the appointments.
Commr. Windram questioned whether or not this would be a multi-county operation, as opposed to a Lake County operation, with Ms. Hanson stating that this would be for multi-county protection.
Commr. Gregg stated comments regarding the funding alternatives, including the possibility of a special referendum, in order to have the ad valorem tax necessary to fund the bond issue. He further stated that he did not feel that the proposed new ordinance pertaining to the conversion from septic tanks and wells to central systems could be enforced as stated, but should be studied.
Mr. Don Findell, Director of Environmental Services, addressed the issue of the Lake County Trust Task Force, and stated that the County, through its comprehensive planning process, is developing a Conservation Committee, to discuss the Wekiva issue. Ms. Hanson stated that the proposals made by the Wekiva Basin Land Owners Association could be incorporated into the County's comprehensive planning. Commr. Gregg directed Mr. Findell to develop ways in which to accomplish this suggestion made by Ms. Hanson, and bring them back to the Board for discussion.
Commr. Gregg suggested the appointment of Commr. Bailey, as the County Commission liaison, with Commr. Bailey having the opportunity to designate members of the staff to assist him.
On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Commr. Bailey as the County Commission liaison to the Lake County Trust Task Force, and endorsed the concept presented by the Wekiva Basin Land Owners Association, as presented by Ms. Hanson.
CONTRACTS, LEASES & AGREEMENTS/CLAY PITS/MUNICIPALITIES
Commr. Gregg stated that a request has been made by the City of Lady Lake about the possibility of the County deeding a clay pit to the City located at the corner of Landfill Road and CR 466. He stated that he would like to see the Board take a positive step, to be involved in recreation, and suggested a lease of one dollar per year.
Mr. James C. Watkins, Clerk and Acting County Administrator, and Mr. Jim Stivender, Director of Public Works, recommended the approval of the request, with the preparation of a lease with Lake County, for one dollar per year.
Commr. Gregg directed that the County Attorney's Office prepare the document for signature.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved and authorized the proper signatures on a lease between Lake County and the City of Lady Lake, for the clay pit located at the corner of Landfill Road and CR 466.
Commr. Gregg stated that each member of the Board has been contacted by the Economic Development Council and the Federal Bureau of Prisons, about the possibility of locating a federal correctional institution in Lake County. He further stated that he, Mr. James C. Watkins, Clerk and Acting County Administrator, and Mr. Chris Ford, County Attorney, traveled to Marianna, Florida, and met with the County Administrator, County Clerk, and the Chairman of the County Commissioners of Jackson County, and discussed their relationship with the Federal Bureau of Prisons, with only a positive reaction being displayed by all involved. Commr. Gregg stated that they had the opportunity to tour the facility, in Marianna, which reflected an excellent industry.
Commr. Gregg stated that the proposal being made for Lake County would involve a medium-security facility, with an adjacent satellite camp. The institute would house a approximately 500 -1,000 inmates, on 200 acres, with approximately 60 acres being utilized for the facility, with the balance of the acreage being utilized as buffer. Commr. Gregg stated that a budget of approximately $12-15 million dollars per year would be spent locally, with an average per man pay of $25-27,000.00, (190 - 250 employees), with a positive economic effect being made on Lake County.
Commr. Gregg felt that it would be very valuable for the entire Board to tour the facility in Marianna, meeting with the people related to the facility and the Federal Bureau of Prisons, and with the Jackson County Commissioners, Clerk, and staff, in order to obtain an overall view, of the positive versus negative input, from the entire community.
Mr. Watkins stated that the only negative concern stated by the County Manager, Clerk, and the Chairman of the Board of County Commissioners of Jackson County, was the increase in technical capacity, which, therefore, caused competition with the correctional guards, in state institutions and in the local institutions.
Commr. Swartz stated that it was his understanding that the possibility of a federal prison was actually a competitive situation, where the Federal Bureau of Prisons actually sought out sites for their facilities.
Mr. Watkins stated that, once the facility is built, it will be built to the maximum, with no expansion being made to the facility.
Mr. Watkins stated that a video tape has been requested from the Federal Bureau of Prisons, which will show the overall view of an institution.
Commr. Gregg stated that the anticipated area, for the proposed federal prison, is located at the turnpike at Highway 19/27, with the Federal Bureau of Prisons seeking natural buffers. Commr. Bailey suggested that a meeting be held sometime in the future, to discuss the proposal being made for this site, with the City Commission and public, within this particular area.
Commr. Gregg suggested that a tour of the Marianna Federal Prison and luncheon, with staff members of Jackson County, be scheduled for March 2, 1989, with Mr. Watkins making the arrangements.
There being no further business to be brought to the attention of the Board, Commr. Bakich made a motion, which was seconded by Commr. Bailey and carried unanimously, to adjourn the meeting at l0:35 a.m.
CHARLES W. GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK