The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 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: Christopher C. Ford, County Attorney; Robert K. McKee, Chief Deputy Clerk; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.
Commr. Bakich gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of July 5, 1989, (Jenkins Auditorium, Clermont), as amended.
Commr. Gregg presented a Retirement Plaque and Service Plaques to the following employees:
Retirement After 16 Years Service
Donnie M. Womack - Equipment Operator III - Public Works - (This plaque was accepted by Mr. Jim Stivender, Director of Public Works, due to Mr. Womack being unable to appear before the Board at this time.
Presentation for Five Years Service
Eddie 0. Ratliff, Jr. - Sign Maintenance Worker - Public Works
Roy K. Greene - Field Supervisor - Pollution Control
James M. Nies - Senior Bailiff - Judicial
Judith M. Evans - Secretary - EXPO (Fairgrounds)
Presentation for Ten Years Service
Christine C. Stephens - Senior Sign Fabricator - Public Works
Andrew C. Duncan - Inspector - Mosquito Control
Willie F. Chambliss - Bulk Plant Attendant - Public Works
George Harrison - Maintenance Specialist - Public Works
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:
Payment of Warrant #95711 through Warrant #96245, for the following accounts:
Paisley Fire District County Transportation Trust
Landfills Fine & Forfeiture
General Revenue Emergency 911 Fund
Countywide Library Bassville Fire District
Section 8 Northwest Fire District
South Lake Fire District Pasco Fire District
Eustis Section 8 Countywide Fire District
Mosquito Control Aquatic Weed
Law Library Mt. Plymouth Fire District
Private Industry Council Revenue Sharing
Northwest Ambulance Northeast Hospital
Northeast Ambulance Capital Outlay
Resort & Development Fund Tax
Payment of the following indigents:
City of Leesburg for Barbara J. Calloway/$5O/District #1
City of Leesburg for John Bragg/$5O/District #l
Acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1989, in the amount of $124,544.28.
BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Sheriff George E. Knupp, Jr., for approval of the line item budget transfer, from 521521 Law Fuel, to 521640 Law Other Equipment, in the amount of $8,000.00.
BUDGET TRANSFERS/TAX COLLECTOR
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request from T. Keith Hall, Tax Collector, for a budget transfer/amendment, in the amount of $79,340.00.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Request for signature on the Service Certificates for Employees with One and Three Years of Service.
Accounts Allowed/Animal Control
Request for approval to purchase an IBM Wheelwriter 6 Typewriter, for Animal Control, in the amount of $657.00.
Request from Emergency Management to have the proposed amendment to Ordinance 1988-5, (to add a member of the Board of County Commissioners to the Council), advertised for public hearing.
Request to purchase an IBM Wheelwriter 6 Typewriter, by the City of Tavares, for use in the Tavares Public Library, in the amount of $657.00.
Bids/Planning & Development
Request for letting of sealed bids for the Planning Department to purchase a 386 micro processing chip computer.
Request to release a maintenance bond, in the amount of $9,517.00, for Lake Swatara Reserve Subdivision.
Accounts Allowed/Bonds/Contracts, Leases & Agreements
Planning & Development
Request for final approval of Western Pines Subdivision: to accept an Irrevocable Letter of Credit, in the amount of $2,600.00, for performance of driveways; to accept an Irrevocable Letter of Credit, in the amount of $2,860.00, for performance of fire protection: to accept a Developer's Cash Completion Bond; and to accept and execute an Escrow Agreement.
Accounts Allowed/Building Department
Request to purchase an S-10 regular cab 4x4, and an S-10 extended cab 4x4, from Cecil Clark Chevrolet, at an estimated cost of $26,600.00, for the Building Department.
Assessments/Bids/Municipalities/Roads-County & State
Request to advertise for bids, for a special assessment project, for 1st Street in Astor.
ACCOUNTS ALLOWED/BONDS/CONTRACTS, LEASES & AGREEMENTS
PLANNING & DEVELOPMENT
Mr. Rance Pearson, and Mr. Fred Saxon, both from Eastern Marketing Group, Inc., representing the applicant, appeared before the Board to discuss Tab 14, the request to accept an Irrevocable Letter of Credit, in the amount of $2,600.00, for the performance of driveways, in Western Pines Subdivision. Mr. Saxon stated that he did not realize that this item was listed on the agenda as a consent item, and requested that the Board not uphold the recommendation of the Planning and Zoning Commission for common driveways. Mr. Saxon further stated that the Subdivision Advisory Committee (SAC) did not recommend the driveways. Be stated that yesterday he met with Mr. Greg Stubbs, Principal Planner, and Mr. David Clapsaddle, Director of Planning Coordination, about the problem with the roads being local streets, and not connectors.
Mr. John Swanson, Director of Planning and Development, appeared before the Board and stated that he had no knowledge of the information being presented at this time.
Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that, at the SAC meeting, the Public Works staff was not requiring common driveways, and that the recommendation came from the Planning and Zoning Commission.
Commr. Gregg informed the Board that a letter in the file, dated January, 1989, and directed to the engineer, indicated the preliminary approval by the Planning and Zoning Commission, for common driveways. Commr. Gregg stated that he felt adequate time had been allowed for a response, and/or for any notification to be given to the County staff concerning a problem.
At this time, it was the consensus of the Board not to revisit this issue.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for authorization to negotiate a contract with Hall, Farner and Associates, Inc., for consultant engineering services associated with boat ramp/water recreational area improvements.
Commr. Swartz stated that a letter was sent to the cities of Leesburg and Tavares requesting any comments regarding Singeltary Park, and the Tavares Recreational Park Boat Ramp.
Mr. Stivender stated that a reminder letter was sent to the cities last week.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to authorize the staff to negotiate a contract with Hall, Farner and Associates, Inc., as stated above.
BONDS - MOBILE HOME
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request to cancel the mobile home bond for Don and Mildred Tunstall, Sorrento Area, District #4. Mr. Swanson stated that this would be the sixth renewal, and staff was recommending the cancellation, with notification being given to the Tunstalls.
Mr. Don Tunstall appeared before the Board to discuss the request. He stated that inspection has been made on the rough-in plumbing, and that he has bills with him showing the progress that has been made on the construction of the home, but that the construction has been slow, due to the physical handicaps involved with him and his wife. Mr. Tunstall stated that he and his wife are building the home, and that the construction started approximately four years ago. He stated that they would need another 5-7 months to complete the home.
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board granted an eight month period of time to complete the dwelling, due to Mr. Tunstall's indication that this would be an ample amount of time. It was further noted, for clarification, that this would be the last extension that the Board would grant.
Commr. Swartz discussed the possible revision of the County's sign ordinance, and suggested that the Board form a committee to review the ordinance, and to come back with recommendations. He suggested that the committee include people from the sign industry and people from the business community, with the Commissioners submitting names for consideration.
BUDGETS CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATION
Commr. Bailey discussed the recreation funds, and whether or not a formulation of funding had been completed by the County Attorney's Office, for the Board to review.
Commr. Swartz suggested that the individual projects presented to the members of the Board be considered by Mr. Bill Stearn, County Attorney's Office, until such formulation of funding has been compiled.
CONTACTS, LEASES & AGREEMENTS/OUTDOOR RECREATION/STATE AGENCIES
Commr. Gregg stated that he met with the Department of Natural Resources (DNR), the St. Johns River Water Management District, Nature Conservancy, and the Water Authority to discuss the Commissioners' willingness to be involved in pursuing the purchase of Seminole Springs. He stated that, at the ,Eirst meeting, the County requested that Nature Conservancy act on the County's behalf to try and negotiate an arrangement. Approximately one month ago, he met with representatives from the St. Johns River Water Management, the Water Authority, and Mr. Ted Strawn, at which time Mr. Strawn reassured them that the property would not be sold this year, and if he decided to reconsider, they would be notified.
Commr. Gregg stated that he hoped that an executed contract was not in existence, but that other offers had been made to Mr. Strawn that were in excess of the appraised valuation of the property, with DNR not being able to pay more that the appraised value of the property. He discussed the County's involvement, with the possibility of the County providing funds, in order to assist in the purchase of this property. He stated that he felt the purchase would be in the best interest to the citizens of Lake County and the State. Commr. Gregg stated that he would like to instruct staff to do anything it can to try and pursue the purchase of the property.
Commr. Bakich stated that he would like the Board to instruct the staff/legal counsel to communicate with Mr. Strawn, on whether or not this problem with the purchase of Seminole Springs can be resolved.
Commr. Gregg stated that Mr. Strawn had indicated at the last meeting that, if the parties would be willing to place some type of boys and girls camp on the property, he would be willing to lower the purchase price, with the County and State setting aside trust funds for this purpose.
Commr. Bailey discussed action that was taken in July, 1988, to participate in a contract with Mr. Strawn, at which time the State was of the opinion that Mr. Strawn was in agreement to enter into a contract with the State. Commr. Bailey suggested that all parties involved in the purchase meet once again to discuss the purchase, including means of funding. Commr. Bailey stated that, at this point in time, he did not feel that Mr. Strawn would sell for the appraised amount.
Commr. Swartz suggested authorizing the Chairman to continue to negotiate a contract, with the understanding that, if a contract can be established using the combined resources from the different agencies, the contract can then be brought before the Board for approval. This would express the County's willingness to continue to participate in the purchase.
Commr. Gregg stated that the contract would have to be contingent upon the approval from the Water Authority Board, and the Board of County Commissioners.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board authorized the Chairman to negotiate, in good faith with Mr. Strawn, in conjunction with the State agencies, a contract that would be brought back to this Board, in order for the Board to review the participation in the contract, in jointly purchasing the Strawn property, Seminole Springs.
Commr. Windram updated the Board on the federal prison issue, and distributed a Report to the Federal Prison Site Review Committee by the Planning and Development Staff, which reflects the sites under consideration. He stated that it is the intent of the Federal Prison Site Review Committee to narrow the list of sites to three or four, to be viewed by the Federal Government, and then presented to the Board for consideration.
Commr. Windram discussed the additional information presented to the Board members, which included a cover letter sent to sixteen (16) governmental entities, which are involved with federal correctional institutions, and a questionnaire, which included their replies.
Mr. Chris Ford, County Attorney, stated that he agreed with the synopsis made by Commr. Windram, that the information supplied expressed a positive impact on nine out of ten of the communities.
Commr. Windram discussed the information requested in the questionnaires, and stated that the Committee will be meeting again next Monday, July 17, 1989, at 5:00 p.m. He stated that Ms. Pat Sledge, Site Acquisition Coordinator, Federal Bureau of Prisons, will also be reviewing the information presented to the Board members today.
Mr. Ford stated that only one site, owned by Greater Construction, has made an offer of donation.
Commr. Bailey stated that, even after talking with Ms. Pat Sledge, there has never been any indication by the Federal Bureau as to what infrastructures they will be providing.
Mr. Ford stated that he felt that those items would be open for discussion and negotiation, and that the only two sites that are ready with infrastructures would be the Pringle property, as suggested by the City of Leesburg, and the Greater Construction site.
Mr. Ford stated that Ms. Sledge has indicated a three year period to obtain proper funding, and to complete construction of the federal prison.
No action was taken on the federal prison at this time.
CONTRACTS, LEASES & AGREEMENTS/COMMITTEES/COMMUNICATIONS
Ms. Peg Beattie, Lake County Cablevision Advisory Committee, appeared before the Board and introduced Mr. Paul Niles, who presented information to the Board regarding the Guidelines for the Lake County Cablevision Advisory Committee. Mr. Niles stated that the Committee meets on a quarterly basis, and has been in existence for approximately one and a half (1 l/2) years. He stated that the Committee has been able to assist in offering more flexible office hours, in order to accommodate the needs of the public, along with locating an office in the Eustis area. Mr. Niles further stated that a new phone system has been installed to assist the public in a more expeditious manner. Mr. Niles welcomed the Board to inform the Committee of complaints received in the Board office.
Mr. Jim Dunaway, Public Relations Consultant for Lake County Cablevision, appeared before the Board to discuss the services offered to the public, and explained to the Board the new phone system, which is the first to be installed in the State. Mr. Dunaway informed the Board that they are still trying to put into place an emergency telephone number, and a sports channel.
No action was necessary by the Board.
RECESS & REASSEMBLY
At l0:15 a.m., the Chairman announced that the Board would recess until l0:30 a.m., for the public hearing on the proposed Landscape Ordinance.
PLANNING & DEVELOPMENT/ORDINANCE
At l0:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed Landscape Ordinance.
It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.
Mr. Michael Szunyog, Director of Planning, appeared before the Board to discuss the changes, which had been made upon the advice of the County Attorney's Office, as follows:
1. A definition of "condominium" has been added.
2. Section 8. has been amended to include only Recreational Vehicle Parks.
3. A new Section 9. has been added, which clarifies the intent of the ordinance relative to developments which include residential structures on lots that are leased or rented. This new section should provide uniform applicability and enforceability of the ordinance.
4. Sections 14. through 19. have been modified to be consistent and to reflect the wishes of the Board regarding fines. ($250.00 per day)
Mr. Szunyog continued to inform the Board of changes to the proposed ordinance, as follows:
Page 16 - Section 9. Rental Lots - Add: "residential units or - lots_ under single...".
Page 18 - Section 12. Plan Approval - Add: "residential property shall be exempted from this requirement".
Commr. Gregg discussed Page 20, Section 17. Violations, and the passing of legislation allowing Code Enforcement to exceed the $250.00 per day fine.
Mr. Bill Stearn, County Attorney's Office, suggested an amendment, as follows: "maximum amount allowed by Code Enforcement", which was agreed to by the Board.
Commr. Bakich discussed Page 6, (s.) Recreational Vehicle Park, and the need to define "short term".
Mr. Ford stated that the Board may want to delete "short term", with the Board stating agreement to the deletion.
Mr. Stearn stated that there had been a request for clarification of multi-family and condominium. He referred to Page 11, (a), to insert the word "Condominium" after Multi-family within the underscored title. Also Page 11, (b), to insert "multi-family and condominium" after institutional.
Mr. Szunyog suggested on Page 11, (b), to insert the phrase "multi-family residential and single-family residential". Mr. Stearn suggested the phrase "multi-family or condominium and single-family residential", with the Board in agreement with Mr. Stearn.
Mr. Stearn suggested the following to Page 12, (cl, Add: "... industrial, condominium, or multifamily...", with the Board in agreement.
No one present wished to appear before the Board to discuss the proposed ordinance.
Ms. Pat Leonard appeared before the Board and extended her appreciation to Mr. Szunyog for his assistance and cooperation in helping to establish the proposed landscape ordinance.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and adopted Ordinance 1989-8, as amended above, and as follows by title only:
AN ORDINANCE RELATING TO LANDSCAPING REQUIREMENTS WITHIN THE UNINCORPORATED AREAS OF LAKE COUNTY; SETTING FORTH A DECLARATION OF PURPOSE AND INTENT: SETTING FORTH AN INTRODUCTION; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING GENERAL LANDSCAPING REQUIREMENTS; PROVIDING FOR SPECIFIC LANDSCAPING REQUIREMENTS; PROVIDING FOR REQUIREMENTS OF MULTI-FAMILY RESIDENTIAL, INSTITUTIONAL AND PUBLIC FACILITY AREAS: PROVIDING REQUIREMENTS FOR RECREATIONAL VEHICLE PARKS: PROVIDING FOR THE STATUS OF EXISTING DEVELOPMENTS; PROVIDING REGULATIONS FOR PLANNED UNIT DEVELOPMENTS; PROVIDING FOR PLAN APPROVAL; PROVIDING REQUIREMENTS FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING A PROCEDURE FOR VARIANCES AND APPEALS; PROVIDING FOR PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board adjourned the meeting at l0:50 a.m., with no further business to be brought to the attention of the Board.
"CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK